LUTC PKT 03-03-1997
City of Federal Way
City Council
Land Use/Transportation Committee
March 3,1997
5:30 pm
City Hall
Council Chambers
AGENDA
1. CALL TO ORDER
2. AFPROV AL OF MINUTES
3. PUBLIC COMMENT (3 minute limit)
4. BUSINESS ITEMS
A.
Renaming of 32Oth Street
and SR99
Action
B.
METRO Six-Year Plan Implementation
Sounding Board Recommendations
Action
c.
ISTEA Regional Topic
Application for SR99
Information
D.
HB 1724/Code Amendments
Action
5.
OTHER ITEMS
6.
FUTURE MEETINGS! AGENDAS
7.
ADJOURN
Roe/2O min
Perez!2O min
MillerlPerezlRoe
15 min
McCormickl60 min
Committee Members:
Phil Watkins, Chair
Ron Gintz
Mary Gates
J: \LU - TRANS\MAR3 LUTC .AGN
City Staff:
Greg Moore, CDS Director
Sandy Lyle, Administrative Assistant
661-4116
City of Federal Way
City Council
Land Use/Transportation Committee
February 24, 1997
5:30pm
City Hall
Council Chambers
SUMMARY
In attendance: Committee members Phil Watkins, chair, Ron Gintz and Mary Gates; Director of Community Development Services
Greg Moore; Public Works Director Cary Roe; City Attorney Landi Lindell; Deputy Community Development Services Director Kathy
McClung; Principal Planner Greg Fewins; Street Systems Manager Ken Miller; Surface Water Manager Jeff Pratt; Senior Planner Greg
McCormick; Senior Development Engineer Gary Barnett; Street Systems Engineer AI Emter; Administrative Assistant Sandy Lyle.
1. CALL TO ORDER
The meeting was called to order at 5:33 pm.
2. APPROVAL OF MINUTES
The minutes of the February 10,1997, meeting were approved as presented.
3. PUBLIC COMMENT
There was no public comment on items other than those included in the agenda.
4. BUSINESS ITEMS P
A. Planninr Commission Work Proeram' Reqp.est for New Code Amendments - Staff provided the Committee with an update of
the Planning Commission Work Program including projected timelines for completion of code amendments. Negotiations are
currently in progress for contractors to assist in the code amendment work. Marv Pinkis of Windermere Realty and George
Sherwin of Quadrant were present to request a zoning change to allow convalescent homes in an OP zone without being in
close proximity of a hospital. Due to the tight schedule of the work program, the Committee decided the change be considered
under the broader heading of Affordable Housing.
B. Final Acc~ptance 336th/Kitts R~rional Stonn Water Sto~re - Staff requested that the 336th/Kitts Regional Storm Water
Storage Facility be accepted as complete. The final construction cost for the project is $1,871,765 which is $211,984.21 below
the approved contract budget of $2,083,749.91. Once accepted as final, retainage can be released to the contractor, Volker
Stevin Pacific, Inc. The Committee mlslc the recommendation of acceptance as final to the full Council at the March 4, 1997,
meeting .
C. Belmor Park 85% Desirn - Staff presented an update of Phase I of the Upper WHlO Cross Road Culvert Upgrade and SeaTac
Mall Detention (Belmor Regional Detention Facility). Design of the project is eighty-five percent complete. When complete,
the upgrades will convey flows originating as far north as South 312th Street and from many intensely developed properties
including SeaTac Mall. The Committee mlslc recommendation of approval of completion of project design plans and
permission to bid the project.
D. FEMA Resolution - In order to participate in the Federal/State Emergency Management Program, the City is required to
formally designate an official representative to be the point of contact and act as the City's agent. The Committee authorized
Cary Roe, the Director of Public Works to act as the City's FEMA point of contact and also authorized the Director to execute
the FEMA paperwork necessary to recover storm related expenditures.
E. ROW T Jlnd!;C~ Maintenance Contract for 1997 - The Committee mlslc recommendation of approval to Council at the March
4, 1997, meeting to renew the contract with Myers' Master Lawn Care for right of way landscape maintenance services in the
amount of $89,537.19 which includes a two percent increase to cover increased costs for labor and materials.
F. South 356th 50% Desi~. Mitiration Plan & Bluebet'Q' Farm - A 1987 King County plan for widening of South 356th Street
from First Avenue South to Pacific Highway South included constructing a fill across the West Hylebos Wetland. The City re-
evaluated the design in 1992 and in a SillS presented additional alternatives that would mitigate the impacts of the project on
the wetlands. The preferred alternative included constructing a 320-foot long bridge crossing the wetland. The study
identified four areas that could be developed for mitigation. The study also identified the east stream bank north of South
356th Street as the area that has the best chance of becoming a productive wetland. The Committee m/s/c recommendation of
approval to Council at the March 4, 1997, meeting for procAAdi1Jg with plans for construction of the widened roadway and
bridge, of creation of the enhanced wetlands, restoring the Type n salmon bearing stream and proceeding with right of way
acquisition.
G. Ri~ Hand Turn T..ane at South 336th - Traffic studies have shown that a 650-foot eastbound right hand turn lane and a
westbound left turn lane are needed to help relieve the traffic congestion on South 336th Street. The south 336th at SR99
Right Hand Turn Lane Project was funded as a part of the 1995 voter-approved bond issue. Total estimated revised project
costs are $510,000. The funds available for this project include $290,000 in original Bond Issue money and approximately
$120,000 in Development Mitigation Fees leaving a balance of approximately $100,000 which could be funded by savings in
completed Bond Issue projects and/or unallocated Bond Issue Funds. The Management at Columbia Bank on the northeast
corner of the intersection is anxious to see widening of the lanes and will be approached to deed land for an additional lane.
The Committee m/s/c recommendation to Council at their March 4, 1997, meeting to approve the expanded South 336th Street
Widening and Channelization Project and approve using $100,000 of additional Bond Issue Funds.
H. 1997 Asphalt Over~ Street List - Public Works staff developed a list of recommended streets for the 1997 Asphalt Overlay
Program. The total budget for the program is $1,734,000, which includes a base budget of $934,000 and a utility tax of
$800,000. In an effort to provide more flexibility in bidding, the program is divided into two groups: arterial and residential
streets. The Committee m/s/c recommendation of approval to Council at their March 4, 1997, meeting of the 1997 Asphalt
Overlay Program and proceeding with bidding of the project.
5. OTHER ITEMS
There were no other items to discuss.
6. FUTURE MEETINGS/AGENDAS
The next meeting will be March 3, 1997.
7. ADJOURN
The meeting was adjourned at 7:00pm.
I: \LU- TRANS\FEBIOLUT.SUM
DATE:
February 24, 1997
SUBJECT:
Phil Watkins, Chair
Land U selTransportation Committee
Cary M. Roe, Public Works Director ~
&~~~~~n~~~&~~~~~~~
TO:
FROM:
Background
At the February 4, 1997 City Council meeting, the topic of renaming South 32Oth Street and
Pacific Highway South was directed back to the Land UselTransportation Committee for further
consideration. In addition, staff was requested to prepare a specific recommendation regarding
the process, limits/segments to be renamed, and schedule.
Recommendation for Process:
The process for renaming South 32Oth Street and Pacific Highway South should include four
primary elements. The first and probably most important element, is a way for the City Council
to gauge or measure the interest of both abutting property owners and citizens-at-large, prior to
moving forward. The second would be to assure that citizens and businesses have an
opportunity to participate in the process via one or more formal Public Hearings. The third
element, and the only required element, is to formally change street names by an Ordinance or
Resolution. The fourth element would provide an appeal period once a formal decision has been
made. The following is a set of recommended steps that incorporate all four elements.
Step 1) Direct staff to prepare and mail to all abutting property' owners, a self-
addressed/stamped survey on renaming the streets,'
Step 2) Establish a dedicated telephoTU! "hot liTU!" to receive comments, questions, and
concerns from the community;
Step 3) Coordinate with the Federal W~ News and Tacoma News TribuTU! to run a series
of articles designed to inform readers and prompt response to the City,'
Step 4) Coordinate with the Federal W~ and Korean Chambers of Commerce to place the
topic of re~ing these streets on their monthly agendas for discussion and feedback
to the City;
Step 5) Assess the feedback obtaiTU!d to determiTU! if there is any clear support or opposition
to the proposed changes,' make decision whether or not to move forward;
Step 6) Hold two formal Public Hearings on consecutive City Council meeting dates; allow
for a written comment period of 15 days following the second Public Hearing;
Step 7) Issue a final Council decision,.
1/ the Council decision is qffinnative:
Step 8) Formally adopt the decision by Ordinance or Resolution;
Step 9) Providefor a 15-day appeal period following the final decision,.
Step 10) Notify businesses, emergency service providers, post offices, utility companies, etc.,
of final decision and schedule.
Recommendation on limits or Road Sel!ments:
If the City Council elects to move forward with the renaming of So 32Oth Street and Pacific
Highway So, staff recommendations would be:
1) Rename So 32Oth Street from 1-5 to 1st Avenue So. This particular section would include
the City Center area and coincide with the street address grid change at 1st Avenue So, from
South to South West.
2) Rename Pacific Highway South from So 312th Street to So 324th Street. This particular
section would coincide with the City Center area as described in the City's Comprehensive
Plan.
Recommendation for Schedule:
The schedule to facilitate any street name change is primarily driven by the proposed US West
area code revision which is scheduled to become final on November 16, 1997. Staff
recommends that should the Council move forward with the renaming process, and finds the
proposed process and identified road segments acceptable, that a specific schedule be developed
and presented to the Land UselTransportation Committee for review and approval.
Direction:
Staff is seeking direction from the Committee on the renaming of So 32Oth and Pacific Highway
South, the proposed process, and road segments.
CMR:jg
k:\lutc\reume2.-
CITY OF -
__8_- EC~
~~ AY"
DATE:
February 26, 1997
TO:
Phil Watkins, Chair
Land UselTransportation Committee
Richard A. Perez, Traffic Engineer /IJ>
FROM:
SUBJECT:
Metro 6- Year Plan/Sounding Board Recommendations
Backeround
This memorandum is provided as an update to the Committee on the developments underway
with King County METRO's South County Sounding Board, and to seek input for desirable
features for the revised transit route structure in Federal Way.
Metro's Six-Year Plan is directed towards consolidating overlapping commuter routes into
downtown Seattle into trunk line service in order to allow more local (within Federal Way) and
intercommunity (to Auburn, Kent, etc.) service. Metro has sent a brochure describing these
proposed changes to all households in South King County to invite public comment. Copies of
the proposed changes to routes serving Federal Way are attached. A series of Open Houses
were also held through the South County area, including one in Federal Way on February 12,
which was attended by approximately 50 people.
Three alternatives are presented. Alternative A has been developed by the Sounding Board and
seeks to replace Dial-A-Ride Transit (DART) service with a grid of fixed routes, allowing more
transfer points between routes; Alternative B has been developed by the Federal Way School
District in cooperation with Metro staff and seeks to provide peak hour service within three
blocks of every household in Federal Way, and limits midday service; Alternative C has been
developed by Metro staff and attempts to add local service without revising the existing routes
as much as Alternative A.
The Sounding Board will be meeting through March to respond to public comments received
during the public comment period.
Recommendation
Staff will present the alternatives at the March 3, 1997 LUTC meeting, and the March 4, 1997
City Council meeting to answer questions Councilmembers may have, and seek input to present
to the Sounding Board.
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attachments
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Federa I Way
Service between Communities
T No major changes proposed for routes 174
and 194.
T Under Alternative A, combine weekday
peak-hour routes 175, 177 and 178 into
Route 177 operating between the Federal
Way Transit Center and Seattle. Route 175
would provide all-day local service, and
Route 178 would provide peak-only local
service. Under Alternative C, combine
routes 175 and 177 into one route operating
from the Federal Way Transit Center. Route
178 is revised.
T Under Alternative A, end Route 176 at Hoyt
Road Southwest and 340th Street Southwest.
Replacement service is revised Route 175
(local). Under Alternative C, delete Route
176 and replace it partially with revised
Route 196.
T Under alternatives A and C, combine
weekday rush-hour routes 179 and 191
along Pacific Highway South into one route
that would begin at the Federal Way park-
and-ride lot and become an express to
Seattle after Sea- Tac Airport.
T Double midday frequency on Route 181
serving Federal Way, Auburn and Green
River Community College (see Page 4).
T Under alternatives A and C, combine routes
190 and 192 into a single new route be-
tween the Star Lake park-and-ride lot and
downtown Seattle. Neighborhood riders who
now use Route 192 would transfer at the
Star Lake lot from the new Federal Way-
Kent route described on Page 5.
... Under alternatives A and C, discontinue
Route 195, which makes very early and late
commute trips, and replace it with earlier
and later trips on other peak-period routes,
or all-day Route 194.
... Under alternatives A and C, extend Route
196 along Southwest Campus Drive to 21st
Avenue Southwest. Would eventually serve
the proposed west Federal Way park-and-
ride lot.
Advantages
. Simplifies schedule for customers with
fewer routes that make more frequent
trips.
. Combining Seattle routes makes more
efficient use of buses and enables more
local service.
. Reduces the number of large artiClI-
lated buses on neighborhood streets.
. Under alternatives A and C, Route 196
provides direct peak-hour service to
Seattle from west Federal Way.
Disadvantages
. Some riders with no-transfer trips
today would need to transfer.
. Combined routes 179 and 191 would
operate three trips in the morning and
three in the evening, compared with 10
in the morning and II in the evening
today.
. Longer trips for current Route 179
riders going to Seattle because the new
route would be a local until north of
Sea- Tac Airport.
. On Route 196, west Federal Way
commuters would go through the south
Federal Way park-and-ride lot, where
routes serve fewer destinations than the
Federal Way Transit Center.
!~':"'~
r "~::;:'~jlJ,
lernative A
A network of cast-west and north-south
routes within Federal Way, enabling connections
throughout the city.
~ Large buses on arterials; smaller vehicles on
neighborhood streets.
~ Routes 901 and 903 would be replaced by
fixed-route service on newall-day routes
178 and 179 and expanded Route 194.
~ Frequency of II Route 176 would
increase to hall-nourly weekends and
Saturdays, and hourly evenings and
Sundays. Newall-day local routes 178 and
179 would also have those frequencies.
~ All-day service on most of 21st Avenue
Southwest and First Avenue South. More
frequent weekday service along 20th Avenue
South and South 336th Street.
Fe~eral Way - Alternative A
',.. .,,'
LEGEND
- Service Between
Communities
- Local Bus Service
0 Transit Center
Operates Only When Peak
Service Not Operating:
1111111 Service Between
Communities
1111111 Local Bus Service
61237SUC FHS
6
,.
L,
~ Peak-hour trips only frOI11 par' Dash
Point Road and 26th Avcnuc Southwest.
~ Service would increase on Route 902, but
service would be deleted on part of Military
Road.
Advantages
. Eliminates most one-way loops and
enables crosstown travel without going
through the transit center.
. Service more reliable if transit vehicles
don't detour from regular routes 011
customer request.
. All-day service between Federal Way
and Kent.
. Serves some neighborhoods now
without transit service; expands mid-
day and evening service.
. Takes large buses off some neighbor-
hood streets.
Disadvantages
. With no deviations from fixed routes.
some users must walk farther to the
bus.
. Serves fewer new areas than alterna-
tives Band C.
. Deletes or reduces service in a few
areas.
. Some commuters to Seattle would
have a new transfer.
. Enables transfers at many locations in
Federal Way, but waits between buses
would typically be longer than at the
transit center.
Alternative B
Combine high school student and adult
commuter trips during rush hours in areas of
Federal Way now without bus service. Devel-
oped by the Federal Way School District and
Metro Transit.
T Provides adult and high school commuters
with one or two trips between 5:30
and 7:30 a.m. and two trips between
2:30 and 4:30 p.m.
T Connects most Federal Way neigh-
borhoods with a high school and a
local park-and-ride lot, where
transfers are available to Seattle,
Sea-Tac Airport and other destina-
tions.
T Guaranteed emergency ride home
service might be offered.
T Seattle commuter routes 175, 176,
177,178, 179, 19~ 191, 19~ 195
and 196 would not change.
T Current all-day local bus routes and
DART service would continue but
be reduced to hourly on DART
routes 901, 902 and 903, and all
service after 7 p.m. and all Sunday
service would be eliminated on
routes 176, 901 and 903.
Advantages
. Provides rush-hour service within
walking distance of more house-
holds than by alternatives A or C. .
. Enables school choice by Federal
Way families.
. Com¡";l1es commuter service for
higt 1001 students and adults.
. Guaranteed student ridership contrib-
utes to long-term growth of transit
ridership in Federal Way.
. Promotes transit use among youth.
Disadvantages
. Reduces midday, evening and weekend
service on existing local routes.
. Requires large buses on
neighborhood streets.
. Requires longer waits for local buses.
. Only three or four weekday trips
initially on new local commuter routes.
. No new direct connection between
Federal Way and Kent as provided in
alternatives A and C.
FederaIW~y'~oAlternative B..-, JO(
LEGEND
- Service Between
Communities
- Local Bus Service
111111. Local DART Service
0 Transit Center
.- ,,'
" I Reduced weekday
frequency on
" roules176.901,
. p u:f~U::¡ 902 and 903.
' :', :,~: ',;* No local service
s Ii ønd~~. evenings and
. ".,::;. '(;', S d Y
',',J"'~,.';;¡:, una.
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Alterna,. .I C
Continue modified Dial-A-Ride Transit
network (service is on fixed routes but can
detour on customer request).
... Service would be expanded to serve some
new neighborhoods.
nings and Sundays. RoL . 176 would
increase in frequency.
... Shuttles would replace neighborhood
segments of rush-hour routes 175, 178 and
179.
... In the Twin Lakes area, Route 176 would
become DART service west of 21st Avenue
Southwest.
... DART Route 903 would be modified to
operate via South 320th Street and First
Avenue South.
... Reduces the number of large articulated
buses on neighborhood streets.
... Most local routes would run half hourly
weekdays and Saturdays, and hourly eve-
,F~de~atWay ..;Alternative C .
LEGEND
. Service Between
I Communities
: New Federal Way/
I Kent Route
. 111111111111111 Local DART Service
I 0 Transit Center
61231SMBFHS
7
... Route 194 would serve South 336th Str,
and Ninth Avenue South between the south
Federal Way park-and-ride lot and Federal
Way Transit Center.
Advantages
. More neighborhoods would have
midday service than under alternatives
AorB.
. DART service would be expanded into
new areas and continued in most
existing areas.
. Scheduled times would be more
dependable than today by dividing the
Route 903 DART area into two smaller
areas.
. All routes would connect at the Fedna!
Way Transit Center.
. Provides new, direct all-day service
between Federal Way and Kent.
Disadvantages
. Continued operation of loop routes
requires out-of-direction travel for
some riders and can be confusing to
new riders.
. Route deviations can make buses
occasionally run late and miss
connections.
. Major streets still do not have inter-
secting service, which would enable
transfers to reach local destinations
without going to the transit center.
. Some commuters to Seattle would
have a new transfer.
. Deletes or reduces service in a few
areas.
CITY OF -
&-~: EJ:J~
~~ FlY"
DATE:
TO:
February 25, 1997
Phil Watkins, Chair
Land U selTransportation Committee
Cary M. Roe, P .E. {/-~
Public Works Director ~ I
Call for Regional ISTEA Projects (1999-2000)
FROM:
SUBJECT:
Background
Requests for regional ISTEA projects are due to the Puget Sound Regional Council (PSRC) by
March 10, 1997. $22.8 million is available for cities in the Puget Sound region.
Public Works staff recently met with the cities of Tukwila, SeaTac, Des Moines, and Kent, and
agreed to jointly submit a clustered application for funding of improvements to Pacific Highway
South. Federal Way will be requesting $750,000 for design funding of the segment from So
312th to So 325th Street. The following are preliminary project estimates for the work:
Total
$750,000.
$1,200,000.
$1 , 000 , 000 .
$4.750.000.
$7,700,000.
Design and Environmental
Right of Way
Utilities
Construction
Attached is the proposed rœdway cross section from the City's Comprehensive Plan. There will
be four (4) general purpose lanes, two (2) high occupancy lanes, a two-way left turn lane (or
median), street trees, and sidewalks. The project will also be coordinated as part of the "SR 99
Redevelopment Project," the HOV lanes could be used in conjunction with future light rail.
If the application is successful, the City's required match for design would be $101,250
(13.5%), which is currently unfunded.
Recommendation
Place the following on the March 4, 1997 Council consent agenda:
1) Approve the City's grant application to ISTEA for $750,000 to design Pacific Highway South
from So 312th to So 325th Street;
2) Approve the City match of $101,250 (13.5%) if the grant application is successful.
CMR\KM:jg
attachment
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Figure 111-3
..... ..-
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--
-
DATE:
To:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
Planning Commission
February 17, 1997
City Council
Robert Vaughan, Chair
Planning Commission Recommendation - ESHB 1724 Code Revisions
A. BACKGROUND
In early 1995, the State Legislature passed ESHB 1724 (1724), also referred to as the
Regulatory Reform Bill, requiring local jurisdictions to process permits in a consistent,
timely, and predictable manner. To accomplish this, the bill mandates that decisions on land
use permit applications be made within 120 days, and that environmental review and review
of development permits be integrated rather than performed separately as many localities
have historically done.
Local jurisdictions were required to meet the requirements of 1724 by April of 1996. While
Federal Way did not have the code revisions in place to meet 1724 mandates,
administratively city staff began processing permits in compliance with the act. Some of the
major changes required by the law include:
1.
2.
The time it takes to decide on a land use permit application will be limited to 120 days.
Requiring pre-application conferences for projects subject to 1724 time lines is an
option.
Public comments on land use proposals will be requested earlier in the review process.
Local jurisdictions must provide the option of a consolidated permit process which
includes all land use, building, and public works/engineering permits.
Cities are limited to one open record hearing and one closed record appeal on land use
applications subject to 1724.
A notice of application is required for each development proposal subject to 1724 time
lines.
Consolidate environmental and permit review.
3.
4.
5.
6.
7.
B. PLANNING COMMISSION PROCESS
The Planning Commission process on the 1724 code amendments began on September 4,
1996, with a workshop where city staff provided the commission with an overview of the
legislation and a preliminary schedule for the code revisions. Meetings were mainly devoted
to a chapter by chapter discussion of the affected portions of the Federal Way City Code
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 2
(FWCC). The following section summarizes existing land use processes and the new
processes being proposed to integrate existing processes into the mandates ofESHB 1724.
I.
Existing Land Use Processes
There are five existing processes used by the city to review and approve land use
applications. These are as follows:
a) Site Plan Approval (Administrative)
(i) This is presently the lowest and simplest level of review.
(ii) A project subject to site plan approval is reviewed administratively by staff to
ensure conformance with city code and all other applicable laws. A written
decision is issued by the Director of Community Development Services.
(iii) Site plan approval (SPR) forms the basis for all higher approvals.
(iv) No public notice is provided.
(v) Only the applicant may appeal the site plan approval conditions to the City of
Federal Way Hearing Examiner, except that the requirement to conform with
code requirements can not be appealed.
(vi) There is no process for reconsideration.
(vii) The Hearing Examiner's decision may be further appealed to Superior Court.
(viii) The State Environmental Policy Act may apply to some of the projects
depending on whether certain thresholds are exceeded, e.g., a commercial
project larger than 4,000 square feet.
b) Process I (Administrative)
(i) This is also an administrative review process with a written decision by the
Director of Community Development Services.
(ii) At least 14 calendar days before the deadline for submitting comments,
notice of the application is published in the official newspaper of the city,
which is presently the Federal Way News. In addition, the site is posted and a
copy of the notice is posted on each of the official notification boards of the
city, e.g., at City Hall and at the public libraries.
(iii) Only the applicant, anyone who has submitted written comments on the
proposal, and any person who specifically requested a copy of the original
decision may appeal the decision.
(iv) There is a provision for requesting a reconsideration of the director's
decision.
(v) An appeal of the director's decision is heard by the City of Federal Way
Hearing Examiner.
(vi) The Hearing Examiner's decision may be further appealed to Superior Court.
(vii) The State Environmental Policy Act may apply to some of the projects
depending on whether certain thresholds are exceeded, e.g., a commercial
project larger than 4,000 square feet.
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 3
c) Process II (Quasi-judicial)
(i) The decision is made by the Hearing Examiner based on a written staff
recommendation and after a public hearing.
(ii) At least 14 days prior to the date of the public hearing, public notice is given
in the paper; property owners and occupants within 300 feet of the site are
notified; the site is posted; and a copy of the notice is posted on each of the
official notification boards of the city.
(ill) Only the applicant, anyone who has submitted written or oral testimony to
the Hearing Examiner, and any person who specifically requested a copy of
the Hearing Examiner's decision may appeal the decision.
(iv) There is a provision for requesting a reconsideration ofthe Hearing
Examiner's decision.
(v) The appeal of the Hearing Examiner's decision will be heard by the City
Council.
(vi) The City Council's decision on the appeal of the Hearing Examiner's
decision is appealable to Superior Court.
(vii) The State Environmental Policy Act may apply to some of the projects
depending on whether certain thresholds are triggered, e.g., a commercial
project larger than 4,000 square feet.
d) Process III (Quasi-Judicial)
(i) The Hearing Examiner holds a public hearing after which a recommendation
is made to City Council for a final decision.
(ii) At least 14 days prior to the date of the public hearing, public notice is given
in the paper; property owners and occupants within 300 feet of the site are
notified; the site is posted; and a copy of the notice is posted on each of the
official notification boards of the city.
(ill) Only the applicant, anyone who has submitted written or oral testimony to
the Hearing Examiner, and any person who specifically requested a copy of
the Hearing Examiner's decision may challenge the Hearing Examiner's
recommendation.
(iv) Anyone who has the right to challenge the Hearing Examiner's
recommendation may request a reconsideration.
(v) The City Council's decision is appealable to Superior Court.
(vi) The State Environmental Policy Act may apply to some of the projects
depending on whether certain thresholds are exceeded, e.g., a commercial
project larger than 4,000 square feet.
e) Process IV (Legislative)
(i) The City Council makes the decision on all Process IV requests. Requests
subject to Process IV review include area-wide amendments to the zoning
map and amendments to the zoning code and comprehensive plan.
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 4
(ü) At least 14 days prior to the date of the public hearing, public notice is given
in the paper and a copy of the notice is posted on each of the official
notification boards of the city.
(ill) The Planning Commission holds a public hearing after which a
recommendation is forwarded to the City Council.
(iv) The City Council's decision is appealable to Superior Court
IT.
Proposed New Processes
Six modified land use processes are being proposed. They are proposed to be called
Process I through Process VI. In general, Processes I through IV will govern land use
applications, with the exception of divisions ofland (preliminary plats, short plats,
binding site plans, boundary line adjustments, and lot line eliminations) which will be
treated entirely within Chapter 20 - Subdivisions. Presently, there is a link between the
subdivision chapter and the various land use processes. Process V and VI will apply to
quasi-judicial rezones and legislative actions respectively. Descriptive names are also
being proposed to help differentiate between each process.
The six proposed processes are as follows:
a) Process I -Director Approval
Presently, there are a number of administrative decisions that require the approval
of the Community Development Services or Public Works Director. However, the
code does not specify a process or decisional criteria. In these cases, the director's
decision is typically outlined in a letter to the applicant or folded into a related
decision document. The city is also responsible for making interpretations on
whether certain uses are allowed in specific zoning districts. There are no review
fees associated with these services.
As part of the code revisions, a number of existing processes are being
recommended to be reduced ftom a higher process to an administrative process.
Please refer to Exhibit A. In general, these are activities for which there would be
no benefit either to the city or to the applicant if a higher level of review was
required. In addition, very specific approval criteria for these uses already exist
within the code.
b) Process II -Site Plan Approval
This process will be used for projects subject to a higher degree of administrative
review than Process I - Director's Approval. Projects that are proposed to
undergo Process IT review are equivalent to those that are presently subject to site
plan review, but are exempt from the process requirements of the State
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 5
Environmental Policy Act (SEP A). Since any project that is subject to SEP A
review is also subject to the requirements ofESHB 1724, projects subject to
Process n review would not fall under either category.
The site plan approval process will be comprised of the current administrative site
plan review procedure with minor modifications. Site plan approval will no longer
be the basis of all other processes in the zoning code, for example, if a project is
subject to Process IV - Hearing Examiner Approval, there will no longer be a
requirement for the issuance of site plan approval.
Major Points:
(i) Use the current SPR section as the procedural framework.
(ii) Integrate the land use component and implementation of the design
guidelines into a single process. One decision will be issued.
(ill) Either the land use component, or design review component, or both may be
appealed to the Hearing Examiner. The applicant, any person who submitted
written comments on the application, or any person who specifically
requested a copy of the original decision may appeal the land use approval
conditions and the community development director's decision on the design
approval to the City of Federal Way's Hearing Examiner, except that the
requirement to conform with code requirements for the land use approval can
not be appealed.
(iv) The Hearing Examiner's decision on the appeal of either the land use
approval or design guideline approval is appealable to the Superior Court.
(v) Change FWCC, Section 22-364, Site Plan Review, Purpose of Review, to
decisional criteria. Integrate the Process I decisional criteria ofFWCC,
Section 22-394.
(vi) Add design guideline decisional criteria.
(vii) Modify current SPR provisions to not require SPR decision prior to
completing a higher process.
c) Process III - Project Approval
This process will be designed for all uses that are subject to Process ill review
whether they are subject to the process and timeline mandates ofESHB 1724 or
not. In addition, projects that would normally require Process n (Site Plan
Approval) but are subject to the process and timeline mandates ofESHB 1724 will
be subject to this higher administrative process. This is because the only difference
between Process n (Site Plan Approval) and Process ill (project Approval) is the
requirement for public notice for Process ill projects.
Major Points:
(i) Use the current Process I section as the basic procedural framework.
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 6
(ü) If a project normally requiring Process n (Site Plan Approval) is subject to
the requirements ofESHB 1724, it will be treated as being subject to Process
ill review and approval.
(iii) At the maximum, 14 calendar days after a Letter of Completeness is issued,
publish a Notice of Application. This includes notice of the application being
published in the official newspaper of the city, which is presently the Federal
Way News. In addition, the site is posted and a copy of the notice is posted
on each of the official notification boards of the city, e.g., at City Hall and
the public libraries.
(iv) Integrate the land use review component and implementation of the design
guidelines into a single process. A combined Process ill approval consisting
of the land use approval and approval of the design guidelines will be issued.
(v) Either the land use approval component, or design review component, or
both may be appealed to the Hearing Examiner. The applicant, any person
who submitted written comments on the application, or any person who
specifically requested a copy of the original decision may appeal the land use
approval or the community development services director's decision on the
design approval to the City of Federal Way Hearing Examiner, except that
the requirement to conform with code requirements for the project approval
can not be appealed.
(vi) The ability to request reconsideration of the Hearing Examiner's decision on
appeals is proposed to be deleted.
(vii) The Hearing Examiner's decision on the appeal of either the land use
decision or design guideline approval is appealable to the Superior Court.
(viii) Change FWCC, Section 22-364, Site Plan Review, Purpose of Review, to
decisional criteria. Integrate this decisional criteria into the existing Process I
decisional criteria ofFWCC, Section 22-394.
(ix) Add design guideline decisional criteria.
(x) Modify the use zone charts to require Process ill review for uses requiring
Process n (Site Plan Approval) which are also subject to the process and
timeline mandates ofESHB 1724.
d) Process IV -Hearing Examiner Approval
This process will be designed for all uses that are subject to hearing examiner
approval.
Major Points:
(i) Use the current Process n section as the basic procedural fÌ'amework.
(ü) Add design guideline decisional criteria.
(üi) At the maximum, 14 calendar days after a Letter of Completeness is issued,
publish a Notice of Application. This includes notice of the application
published in the official newspaper of the city, which is presently the Federal
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 7
Way News. In addition, the site is posted; a copy of the notice is posted on
each of the official notification boards of the city, e.g., at City Hall and at the
public libraries; and property owners within 300 feet of the site are notified.
A proposed change is that only property owners will be notified. Presently
both owners and occupants within 300 feet of the site are notified.
(iv) Issue the design guideline approval prior to holding the land use hearing in
front of the Hearing Examiner.
(v) Specify that only the applicant, anyone who has submitted written comments
on the design guidelines element of the proposal, or any person who
specifically requested a copy of the design guideline approval may appeal the
director's decision on the design approval.
(vi) The ability to request reconsideration of the Hearing Examiner's decision on
the land use component is proposed to be deleted.
(vii) Ifthere is an appeal of the director's decision on the design approval,
schedule an appeal hearing simultaneously with the land use hearing in front
of the Hearing Examiner.
(vili) The Hearing Examiner's decision on the appeal of the director's decision on
the design approval is appealable to the Superior Court, while the Hearing
Examiner's decision on the land use component is appealable to the City
Council and then to the Superior Court.
(ix) Clarify that when a project normally subject to either a Process II (Site Plan
Approval) or Process ill (project Approval) must be reviewed pursuant to
Process IV (Hearing Examiner Approval), the lower process must be issued
prior to the Process IV hearing. This would occur when there is a request for
a variance to code requirements or when there is a request to intrude into
environmentally sensitive areas. This is because the quasi-judicial (Hearing
Examiner) decision is not related to approval of the land use.
(x) Because ESHB 1724 limits jurisdictions to holding no more than one open
record hearing and one closed record appeal, the lower level land use
decision must be made prior to the hearing in front of the Hearing Examiner.
e) Process V - Quasi-Judicial Rezone
(This is not subject either to the process or time lines ofESHB 1724.)
Quasi-judicial rezones are currently processed pursuant to Process ill review
guidelines. The Planning Commission proposes to reduce use process requirements
for a variety of uses. Please refer to Attachment A. This reduction would eliminate
any Process ill requirements for development permits. It is, therefore,
recommended that Process ill review be renamed Process V and apply only to
quasi-judicial rezones.
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 8
f)
Process VI - Legislative
(This is not subject either to the process or time lines ofESHB 1724.)
This process was originally termed Process IV. Due to the restructuring of the
processes, it is proposed to become Process VI. Major changes to this section
include a procedure for the general public to initiate legislative amendments.
ill. Other Recommended Changes
a) Address subdivisions entirely within Chapter 20 - Subdivisions. This would
require deleting any reference to Use Processes within the Subdivision Chapter and
would require the subdivision process to be addressed entirely within Chapter 20.
b) Modify Chapter 18 -Environmental Protection, to allow the appeal of a threshold
determination associated with all projects subject to the State Environmental
Policy Act (SEP A) to be heard by the Hearing Examiner with a further appeal to
Superior Court. Presently, some appeals go first to the Hearing Examiner and then
to the City Council while some go directly to the City Council.
City staff has made the modifications requested by the Planning Commission and has
indicated text to be removed from the FWCC by using strike outs and indicating added text
by using underlinin¡. This allows the City Council to easily distinguish the changes being
recommended by the Planning Commission. The revised FWCC chapters are attached to this
document in the form of a draft ordinance.
C. SUMMARY OF CHANGES
The following list summarize the major code amendments reviewed by the Commission
during this code revision process. These code sections are attached as exhibits:
Attachment A - Use Zone Charts - Revising the Required Review Process
Attachment B - Zoning Code Definitions
Attachment C - Amendments
Attachment D - Pre-application Meetings, Permit Cancellation, etc.
Attachment E - Use Process I - Director's Decision
Attachment F - Use Process n - Site Plan Approval
Attachment G - Use Process ill - Project Approval
Attachment H - Use Process IV - Hearing Examiner Approval
Attachment I - Use Process V - Quasi-judicial Rezone Process
Attachment J - Use Process VI - Legislative Amendments
Attachment K - Subdivision Code
Planning Commission Recommendation
ESHB 1724 Code Revisions
Page 9
D. PLANNING COMMISSION FINDINGS & RECOMMENDATIONS
The Planning Commission bases its recommendation of adoption of the proposed
amendments to the FWCC to implement the requirements ofESHB 1724 based on the
following findings:
1.
Whereas, the 1995 Washington State Legislature enacted Engrossed Substitute House
Bill 1724 (ESHB 1724), Chapter 347, Laws of 1995, in order to implement the
recommendations of the Governor's regulatory reform task force regarding integrating
growth management planning and environmental review; and
2.
Whereas, ESHB 1724 requires the City of Federal Way to combine environmental
review process with the procedure for review of project permits, and except for the
appeal of a determination of significance, provide for no more than one open record
hearing and one closed record appeal; and
3.
Whereas, the City of Federal Way's development regulations can be simplified and
clarified without substantive changes to the regulations; and
4.
Whereas, the Federal Way SEP A responsible official has determined that the proposed
amendments are procedural in nature and categorically exempt ITom SEP A as
authorized by WAC 197-11-800(20); and
5.
Whereas, ESHB 1724 requires that Federal Way establish an integrated and
consolidated permit process; and
6.
Whereas, the proposed code amendments would not adversely affect the public health,
safety or welfare.
~¡) ~ L
Robert Vaughan, Chair
Federal Way Planning Commission
A TT A CHMENT A
USE ZONE CHARTS
Table 1
SUMMARY OF USE ZONE CHARTS
January 30, 1997
ACTION/CODE SECTION(S) EXISTING USE PROPOSED 0 0 ..-- --
PRe P SED NE n ¿ on.......
SE (Suburban Estate)
Detached Dwelling Unit (Section 22-596) None (Building Pennit None (Building Pennit None (Building Pennit Required)
Required) Required)
Public or Private Stables (Section 22-597) SPR possible 2 SPR Process II
Agriculture Crops (Section 22-598) none admin.. Process I
Keeping, raising, of foraging farm animals (Two or less of each) (Section 22-599) SPR admin.. Process I
Keeping, raising, foraging farm animals (More than two of each) (Section 22-599) 2 admin. . Process I
Agriculture or livestock uses (Section 22-600) 2 admin. . Process I
Church, Synagogue, or other place or worship (Section 22-601) 3 2 Process IV
Golf Course (Section 22-602) 2 2 Process IV
Day care facilities for 12 or fewer attendees, except Class II home occupations 1 1 Process III
(Section 22-603)
Day care facilities for 13 to 50 attendees (Section 22-604) 2 2 Process IV
Schools (Section 22-605) 1 I Process III
Private non-commercial sports field or similar open area uses (Section 22-606) 3 I Process III
Community Recreation Area (Section 22.607) 2 I Process III
Public Transit Shelter (Section 22-608) None Admin.. Process I
Public Utility (Section 22-609) 3 I Process III
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
SE (Suburban Estate)
Government Facility (Section 22-610) 3 I Process III
Public Park (Section 22-611) 3 1 Process III
Cemeteries (Section 22-612) 2 2 Process IV
RS (Single Family)
Detached Dwelling Unit (Section 22-631) None (Building Pcnnit None (Building Pcrmit None (Building Pcnnit Rcquired)
Required) Rcquired)
Attached Dwelling Unit in RS 5.0 (Section 22-632) 2 1 Process III
Accessory Hardship Dwelling Unit (Section 22-633) 1 1 Process III
Social Service Transitional Housing (Section 22-633.5) 2 1 Process III
Manufactured Home Parks (Allowed only in RS 5.0 zones) (Section 22-634) 2 2 Process IV
Church, synagogue, or other place of religious worship (Section 22-635) 2 if <5 acres 2 Process IV
3 if>5 ac 2
Golf Course (Section 22-636) 2 2 Process IV
Day care facilities for 12 or fewer attendees, except Class n home occupations 1 I Process III
(Section 22-637)
Day care facilities for 13 to 50 attendees (Section 22-638) 2 2 Process IV
Schools (Section 22-639) 1 I Process III
Senior Citizen or 3 2 Process IV
Special Needs Housing (Section 22-640) 3 2 Process IV
Private non-commercial sports field or similar open area uses (Section 22-641) 3 1 Process III
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
RS (Single Family)
Community Recreation area or clubhouse (Section 22-642) 2 1 Process III
Public Transit Center (Section 22-643) None Admin. Process I
Public Utility (Section 22-644) 3 1 Process III
Government Facility (Section 22-645) 3 1 Process III
Public Parks (Section 22-646) 3 1 Process III
Cemeteries (Section 22-647) 2 2 Process IV
... ñNelling {Jnitc; in Single Familv Re!;idenœ!; {~p.t'.tinn 11-648' Atimin A..:I....in ~ I
RM (Multi-Family) <-
Detached Dwelling Unit (Section 22-666) None (Building Pennit None (Building Pcnnit None (Building Pennit Required)
Required) Required)
Attached, Detached or Stacked Dwelling Unit (Section 22-667) SPR SPR Process II
Manufactured Home Park (Section 22-668) 2 1 Process III
Group Homes Type II-A (Section 22-668.5) 2 2 Process IV
Group Homes Type II-B (Section 22-668.5) 3 2 Process IV
Senior Citizen Housing (Section 22-669) 3 SPR Process II
Social Service Transitional Housing A or B (Section 22-669.5) 2 1 Process III
Convalescent Center or Nursing Home (Section 22-670) 3 2 Process IV
Church, Synagogue, or other place of worship (Section 22-671) 2if<5ac 2 Process IV
3 if>5 ac 2
Day care for 12 or fewer attendees, except Class n home occupations (Section 22-672) I 1 Process III
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
RM (Multi-Family)
Day care facilities for 13 to 50 attendees (Section 22-673) 2 2 Process IV
Schools (Section 22-674) I I Process ill
Private non-commercial sports field or similar open area uses (Section 22-675) 3 I Process ill
Community Recreation Area or Clubhouse (Section 22-676) 2 I Process ill
Public Transit Center (Section 22-643) None Admin. Process I
Public Utility (Section 22-678) 3 I Process ill
Government Facility (Section 22-679) 3 I Process ill
Public Park~ 22-680) 1 I Process III
PO (Professional Office)
Office Use (Section 22-696) SPR SPR Process II
Schools (Section 22-697) I SPR Process II
Day Care Facilities except Class II Home Occupations (Section 22-697) I SPR Process II
Government Facility (Section 22-698) I I Process ill
Public Parks (Section 22-698) 1 1 Process ill
Public Transit (Section 22-698) 1 I Process ill
Public l . i n-l\9q) ~PR SPR - n
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
BN (Neighborhood Business)
Office Use (Section 22-721) SPR SPR Process II
Retail establishment selling groceries, produce, and related items; drugs and personal SPR SPR Process II
care products; books; liquor; hardware, garden, real nursery stock and related items
(excluding bulk and big box retail); household goods and furnishings; clothing,
variety, home electronics, sporting goods or works of art (Section 22-721)
Retail establishments providing banking & related fmancial services (Section 22-721) SPR SPR Process II
Retail establishments providing laundry, dry cleaning, beauty and barber, video rental SPR SPR Process II
or shoe repair services (Section 22-721)
Other retail uses not specifically listed in this zone (May be approved by the Director SPR SPR Process II
of Community Development Services if the proposed use is detennined to be
consistent with adopted comprehensive policies for this zone) (Section 22-721) <.
Private Lodge or Club (Section 22-722) SPR SPR Process II
..~ .
Art Gallery (Section 22-722) SPR SPR Process II
Restaurant or Tavern (Section 22-722) SPR SPR Process II
Fast Food Restaurant (Section 22-722) SPR SPR Process II
Vehicle Service Station or Car wash (Section 22-723) SPR SPR Process II
Retail Establishments providing vehicle service or repair (Section 22-723) SPR SPR Process II
Schools (Section 22-724) I I Process III
Day care facilities except Class n home occupations for 12 or fewer attendees (Section SPR SPR Process II
22-724)
Day care facilities except Class n home occupations for 13 or more attendees (Section I I Process III
22-724)
Multi-unit housing (Attached and/or stacked) (Section 22-725) I SPR Process II
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
BN (Neighborhood Business)
Group homes Type ll-A (Section 22-726) 2 2 Process IV
Group homes Type ll-B (Section 22-726) 3 2 Process IV
Social service transitional housing Type A or B (Section 22-727) 2 1 Process m
Government Facility (Section 22-728) 1 1 Process m
Public Parks (Section 22- 728) 1 1 Process m
Public Transit (Section 22- 728) 1 1 Process m
I Publir. I Jtili m inn 71- 778' ~PR pn!:!:ih1f'. I SPR Possible 1 Prnrp.!:!: IT Pnor:C!ihle m
I I
BC (Community Business)
Office Use (Section 22-751) SPR, Possible I SPR, Possible 1 Process II, Possible III
Retail establishment selling groceries, produce, and related items; drugs and personal SPR, Possible 1 SPR, Possible 1 Process II, Possible III
care products; books; liquor; hardware, garden, real nursery stock and related items
(excluding bulk and big box retail); household goods and furnishings; clothing,
variety, home electronics, sporting goods or works of art (Section 22-751)
Retail establishments providing banking & related fmancial services (Section 22-751) SPR, Possible 1 SPR, Possible 1 Process II, Possible m
Retail establishments providing laundry, dry cleaning, beauty and barber, video rental SPR, Possible 1 SPR, Possible 1 Process II, Possible III
or shoe repair services (Section 22-751)
Other retail uses not specifically listed in this zone (May be approved by the Director SPR, Possible 1 SPR, Possible 1 Process II, Possible III
of Conununity Development Services if the proposed use is detennined to be
consistent with adopted comprehensive policies for this zone) (Section 22-751)
Bulk retail sales of lumber, paint, glass, plumbing, electrical and heating fIXtures and SPR, Possible 1 SPR, Possible 1 Process II, Possible III
supplies; bulk household goods and furnishings; wholesale and retail nursery stock;
including big box retail (Section 22-752)
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
BC (Community Business)
Retail sale of grain, seed, fence, hay, & other agricultural supplies (Section 22-752) SPR, Possible I SPR, Possible I Process II, Possible III
Public mini-warehouse or storage facilities (Section 22-752) SPR, Possible I SPR, Possible I Process II, Possible III
Parking lot for temporary storage of recreational vehicles (Section 22-752) SPR, ~ossible I SPR, Possible I Process II, Possible III
Retail entertainment, recreational, or cultural services/activities (Section 22-753) SPR, Possible I SPR, Possible I Process II, Possible III
Private Lodge or Club, (Section 22-753) SPR, Possible I SPR, Possible I Process II, Possible III
Health club, golf course, driving range, indoor pistol range, bingo hall, (Section 22- SPR, Possible I SPR, Possible I Process II, Possible III
753)
Restaurant or Tavern (Section 22-753) SPR, Possible I SPR, Possible I Process II; Possible III
Fast Food Restaurant (Section 22-753) SPR, Possible I SPR, Possible I Process II: Possible III
Vehicle Service Station or Car wash (Section 22-754) SPR, Possible I SPR, Possible I Process II; Possible III
Retail Establishment providing vehicle, boat or tire sales, service, repair and/or SPR, Possible I SPR, Possible I Process II, Possible III
painting (Section 22-754)
Merchandise and equipment rental facilities, excluding heavy equipment rental SPR, Possible I SPR, Possible I Process II, Possible III
(Section 22-754)
Oversized commercial vehicle facilities and service yards including truck stops, tow SPR, Possible I SPR, Possible I Process II, Possible III
or taxi lots, and transfer facilities (Section 22-754)
Schools (Section 22-755) SPR, Possible I SPR, Possible I Process II, Possible III
Day care facilities except Class II home occupations (Section 22-755) SPR, Possible I SPR, Possible I Process II, Possible III
Church, Synagogue, or other place of religious worship (Section 22-755) SPR, Possible I SPR, Possible I Process II, Possible III
Multi-unit housing (Attached and/or stacked) (Section 22-756) SPR, Possible I SPR, Possible I Process II, Possible III
Senior citizen and special needs housing (Section 22-756) SPR, Possible I SPR, Possible I Process II, Possible III
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
BC (Community Business)
Hotel or motel (Section 22-757) SPR, Possible I SPR, Possible I Process II, Possible III
Hospital facilities, convalescent centers, or nursing homes (Section 22-758) SPR, Possible I SPR, Possible I Process II, Possible III
Group homes Type II-A (Section 22-759) 2 2 Process IV
Group homes Type II-B (Section 22-759) 3 2 Process IV
Social service transitional housing Type A or B (Section 22-760) 2 I Process III
Government Facility (Section 22-761) SPR, Possible I SPR, Possible I Process II, Possible III
Public Parks (Section 22-761) SPR, Possible I SPR, Possible I Process II, Possible III
Public Transit (Section 22-761) SPR, Possible I SPR, Possible I Process II, Possible III
Public Utilitv fn 1 22-761) SPR P~!;ihle I SPR Po!;!;ihle I Proce!;!; II Po!;!;ible III
CC-C (City Center Core)
Office Use (Section 22-791) SPR, Possible I SPR, Possible I Process II, Possible III
Retail establishment selling groceries, produce, and related items; drugs and personal SPR, Possible I SPR, Possible I Process II, Possible III
care products; books; liquor; hardware, garden, home electronics, sporting goods; and
related items or works of art (excluding bulk retail) (Section 22-792)
Retail variety, speciality, or department stores (Section 22-792) SPR, Possible I SPR, Possible I Process II, Possible III
Retail establishments providing banking and related fmancial services (Section 22- SPR, Possible I SPR, Possible I Process II, Possible III
792)
Retail establishments providing laundry, dry cleaning, beauty and barber, video rental SPR, Possible I SPR, Possible I Process II, Possible III
or shoe repair services (Section 22-792)
Printing and duplicating services (Section 22-792) SPR, Possible I SPR, Possible 1 Process II, Possible III
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
CC-C (City Center Core)
Other retail uses not specifically listed in this zone (May be approved by the Director SPR, Possible I SPR, Possible I Process II, Possible III
of Community Development Services if the proposed use is determined to be
consistent with adopted comprehensive policies for this zone) (Section 22-792)
Retail providing entertainment, recreational, or cultural svc or activities (Sec 22-793) SPR, Possible I SPR, Possible I Process II, Possible III
Private Lodge or Club, (Section 22-793) SPR, Possible I SPR, Possible I Process II, Possible III
Health club (Section 22-793) SPR, Possible I SPR, Possible I Process II, Possible III
Restaurant or Tavern (Section 22-793) SPR, Possible I SPR, Possible I Process II, Possible III
Fast Food Restaurant (Section 22- 793) SPR, Possible I SPR, Possible I Process II, Possible III
Adult entertainment activity or use (Section 22-794) I, Possible 2 I, Possible 2 Process III, Possible IV
Hotel, Convention, or Trade Centers (Section 22-795) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Above-grade structured parking facilities (Section 22-796) I I Process III
Multi-unit housing (Attached and/or stacked) (Section 22-797) SPR, Possible 1 SPR, Possible I Process II, Possible III
Senior citizen or special needs housing (Section 22-797) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Hospital facilities, convalescent centers, or nursing homes (Section 22-798) SPR, Possible I SPR, Possible 1 Process II, Possible III
Schools, business colleges, or trade school (Section 22-799) SPR, Possible I SPR, Possible I Process II, Possible III
Day care facilities except Class II home occupations (Section 22-799) SPR, Possible I SPR, Possible I Process II, Possible III
Church, Synagogue, or other place of religious worship (Section 22-799) SPR, Possible 1 SPR, Possible I Process II, Possible III
Government Facility (Section 22-800) SPR, Possible 1 SPR, Possible I Process II, Possible III
Public Parks (Section 22-800) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Public Transit (Section 22-800) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Public Utilitv (Section 22-801) SPR Possible 1 SPR Pm:~ihle I Proce~~ II Possible III
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
CC-F (City Center Frame)
Office Use (Section 22-803) SPR. Possible I SPR. Possible I Process II, Possible III
Retail establishment selling groceries, produce, and related items; drugs and personal SPR. Possible I SPR. Possible I Process II, Possible 1II
care products; books; liquor; hardware, garden, home electronics, sporting goods; and
related items or works of art (excluding bulk retail) (Section 22-804)
Retail variety, speciality, or department stores (Section 22-804) SPR. Possible I SPR. Possible I Process II, Possible 1II
Retail establishments providing banking and related [mancial services (Section 22- SPR. Possible I SPR. Possible I Process II, Possible 1II
804)
Retail establishments providing laundry, dry cleaning. beauty and barber, video rental SPR. Possible I SPR. Possible I Process II, Possible III
or shoe repair services (Section 22-804)
Retail establishments providing limited medical manufacturing services such as dental SPR. Possible I SPR. Possible I Process II, Possible III
labs, prosthetics labs, optical services, on case by case basis (Section 22-804)
Printing and duplicating services (Section 22-804) SPR. Possible I SPR. Possible I Process II, Possible 1II
Other retail uses not specifically listed in this zone (May be approved by the Director SPR. Possible I SPR. Possible 1 Process II, Possible III
of Community Development Services if the proposed use is determined to be
consistent with adopted comprehensive policies for this zone) (Section 22-804)
Retail Establishment providing entertainment, recreational, or cultural services or SPR. Possible I SPR. Possible I Process II, Possible 1II
activities (Section 22-805)
Private Club or Lodge, (Section 22-805) SPR. Possible 1 SPR. Possible 1 Process II, Possible 1II
Health club (Section 22-805) SPR. Possible I SPR. Possible 1 Process II, Possible 1II
Restaurant or Tavern (Section 22-805) SPR. Possible I SPR. Possible I Process II, Possible III
Fast Food Restaurant (Section 22-805) SPR. Possible 1 S!tR. Possible I Process II, Possible 1II
Adult entertainment activity or use (Section 22-806) 1, Possible 2 I, Possible 2 Process lII, Possible IV
Vehicle service station or car wash (Section 22-807) SPR. Possible I SPR. Possible 1 Process II, Possible 1II
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
I
CC-F (City Center Frame)
Hotel, Motel, Convention, and Trade Centers (Section 22-808) SPR, Possible 1 SPR, Possible I Process II, Possible III
Multi-unit housing (Attached and/or stacked) (Section 22-809) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Senior citizen or special needs housing (Section 22-809) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Group homes Type II-A (Section 22-810) 1 1 Process III
Group homes Type II-B (Section 22-810) 2 2 Process IV
Social service transitional housing Type A or B (Section 22-811) 1 1 Process III
Schools, business colleges, or trade school (Section 22-812) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Day care facilities except Class II home occupations (Section 22-812) SPR, Possible I SPR, Possible I Process II, Possible III
Church, or other place of religious worship (Section 22-813) SPR, Possible I SPR, Possible I Process II, Possible III
Hospital facilities, convalescent centers, or nursing homes (Section 22-813) SPR, Possible I SPR, Possible I Process 11, Possible III
Above-grade structured parking facilities (Section 22-814) I 1 Process 1II
Government Facility (Section 22-815) SPR, Possible I SPR, Possible I Process 11, Possible III
Public Parks (Section 22-815) SPR, Possible 1 SPR, Possible I Process 11, Possible III
Public Transit (Section 22-815) A SPR, Possible 1 SPR, Possible I Process II, Possible III
Public UtilitY (~f'1'.tinn 12-816) ~PR PO'I:!:ihlp. I SPR PŒsihle I Prnc.f'Æ: II PO'I:!:ihle III
I, '
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
OP (Office Park)
Office Use (Section 22-826) SPR, Possible I SPR, Possible I Process II, Possible 111
Retail establishment providing banking and related fmancial services (Section 22-826) SPR, Possible I SPR, Possible I Process II, Possible 111
Retail sales of groceries, produce, and related items (Section 22-826) SPR, Possible I SPR, Possible I Process II, Possible 111
Retail providing office supplies, printing, & duplicating (Section 22-826) SPR, Possible I SPR, Possible I Process II, Possible 111
Restaurant with seating capacity for no more than 50 persons (Section 22-827) SPR SPR Process 11
Commercial Recreation Facility (Section 22-827) SPR SPR Process 11
Commercial or industrial photography, cinematography or video production, broadcast SPR, Possible I SPR, Possible I Process II, Possible 111
studio (Section 22-828)
Newspaper Printing Plant (Section 22-828) SPR, Possible I SPR, Possible I Process II, Possible 111
Accessory Warehouse Facilities (Section 22-828) SPR, Possible I SPR, Possible I Process II, Possible 111
Convention, conference, and trade centers associated with another permitted use in this SPR, Possible I SPR, Possible I Process II, Possible 111
mne (Section 22-828)
Colleges, universities, business colleges, vocational sch~ls (Section 22-829) SPR, Possible I SPR, Possible I Process II, Possible 111
Day care facilities except Class II home occupations (Section 22-830) SPR, Possible I SPR, Possible I Process II, Possible 111
Hospitals, convalescent centers, nursing homes (Section 22-831) SPR, Possible I SPR, Possible I Process II, Possible 111
Funeral homes and mortuaries (Section 22-832) SPR, Possible I SPR, Possible I Process II, Possible 111
Government Facility (Section 22-833) SPR, Possible I SPR, Possible I Process II, Possible 111
Public Parks (Section 22-833) SPR, Possible I SPR, Possible I Process II, Possible 111
Public Transit Shelter(Section 22-833) SPR, Possible I SPR, Possible I Process II, Possible 111
puhlic 1 Jtili m 22-834) SPR - ... 1 Po~~ihle 1 II Possible 111
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
BP (Business Park)
Engraving and stone cutting (Section 22-861) SPR, Possible I SPR, Possible 1 Process II, Possible III
Industrial Laundry Facilities (Section 22-86 I) SPR, Possible I SPR, Possible I Process II, Possible III
Fabrication of clay, glass, ceramic, light stone, & china; signs, advertising displays, SPR, Possible I SPR, Possible 1 Process II, Possible III
components & parts for vehicles, boats & aircrafts, metal plating & coating; hand
tools, heating equip, screwing products, & other similar metal products (Sec 22-861)
Fabrication & assembly of office equip, machines, fixtures, small elec, elec comm, & SPR, Possible I SPR, Possible 1 Process II, Possible III
lighting equip, appliances, bicycles, boats, prof, scientific, control, photographic &
clock work instruments & equip, toys, jewelry, musical instruments and (Sec 22-861)
Manufacturing of food products, textiles, leather products, fabric, apparel, printing, SPR, Possible I SPR, Possible I Process II, Possible III
publishing, and photo fmishing applied products (Section 22-861).
Automotive emissions testing facility (Section 22-861) SPR, Possible I SPR, Possible I Process II, Possible III
Any fabrication, assbly, distri, repair & tech facilties other than listed (Sec 22-861) SPR, Possible I SPR, Possible I Process II, Possible III
Commercial or ind photography, cinema topography & video production (Sec 22-862) SPR, Possible I SPR, Possible I Process II, Possible III
Broadcast Studios (Section 22-862) SPR, Possible I SPR, Possible 1 Process II, Possible III
Research and Development Facilities (Section 22-862) SPR, Possible I SPR, Possible I Process II, Possible III
Hazardous waste treatment and storage facilities (Section 22-863) 2 2 Process IV
Chemical manufacturing and related products (Section 22-863) 2 2 Process IV
Gravel batch yard (Section 22-863) 2 2 Process IV
Lumber material yard (Section 22-863) 2 2 Process IV
Merchandise and equip rental facilities including heavy equipment rental (Sec 22-863) 2 2 Process IV
Warehouse and wholesale distribution facilities (Section 22-864) SPR, Possible 1 SPR, Possible 1 Process II, Possible III
Bulk food preparation (Section 22-864) SPR, Possible I SPR, Possible 1 Process II, Possible III
ACTION/CODE SECTION(S) EXISTING USE PROPOSED PROPOSED NEW NAME
BP (Business Park)
Office and warehouse space, including equipment storage yards, for service businesses SPR, Possible I SPR, Possible I Process II, Possible III
whose work is perfonned primarily off premises, such as contractors, janitorial
services and pest control services (Section 22-864)
Mini-warehouse and public storage facilities (Section 22-864) SPR, Possible I SPR, Possible I Process II, Possible III
Merchandise and equipment rental facilities, excluding heavy equipment (Sec 22-864) SPR, Possible I SPR, Possible I Process II, Possible III
Commercial recreation facility (Section 22-865) SPR, Possible I SPR, Possible I Process II, Possible III
Outdoor Commercial Recreation Facility (Section 22-865) SPR, Possible I SPR, Possible I Process II, Possible III
Vocational or trade school (Section 22-865) SPR, Possible I SPR, Possible I Process II, Possible III
Limited retail sales oflumber, paint, glass, & plumbing, electrical and heating fixtures, SPR, Possible I SPR, Possible I Process II, Possible III
household goods, fumi & supplies (Does not include bulklbig box retail) (Sec 22-866)
Retail sale of grain, seed, fencing, hay and other agricultural supplies (Section 22-866) SPR, Possible I SPR, Possible I Process II, Possible III
Wholesale and retail sale of nursery stock (Section 22-866) SPR, Possible I SPR, Possible I Process II, Possible III
Retail establishment providing vehicle or boat service, repair or painting (Sec 22-866) SPR, Possible I SPR, Possible I Process II, Possible III
Restaurant with seating capacity for no more than 50 people (Section 22-867) SPR SPR Process II
Hotel/motel (Section 22-868) SPR SPR Process II
Senior Citizen Housing (Section 22-869) 2 2 Process IV
Government Facility (Section 22-870) SPR, Possible I SPR, Possible I Process II, Possible III
Public Transit Shelter and Facilities (Section 22-870) SPR, Possible I SPR, Possible I Process II, Possible III
Public Park & Recreation Facilities (Section 22-870) SPR, Possible I SPR, Possible I Process II, Possible III
Public Utility (Section 22-871) SPR, Possible 1 SPR, Possible I Process II, Possible III
. Admin is used to denote a new Administrative Process, approval of which will be granted by the Community Development Services Director based on
criteria in the code, if any.
Table 2
OTHER CODE SECTIONS
ACTION/CODE SECTION EXISTING USE PROPOSED USE PROPOSED NEW NAME
PROCESS PROCESS
SPR, SPR, Possible I Process II, Possible
Possible I Process III
Binding Site Plan (Section 20-62) 3 I Process III
Shoreline Conditional Use (Section 18-167) 3 2 Process IV
Reasonable Use/Sensitive Area Code Waiver (Section 22-1244) 3 2 Process IV
Wetland Buffer Intrusion (Section 22-1359) I minor admin. Process I
2 other 2 Process IV
Wetland Intrusion (Section 22-1358) 3 2 Process IV
Stream Buffer Intrusion (Section 22-1312) I minor admin. Process I
2 other 2 Process IV
Stream Intrusion (by interpretation). 3. 2 Process IV
Relocate a Stream (Section 22-1307) 3 2 Process IV
Combined Sign Package Proposal (Section 22-1601 (A)(4» I admin. Process I
Preservation of Historic Signs (Section 22-335(H)) 2 1 Process III
Request to Park Oversize Vehicles (Section 22-1177) 2 I Process III
Modification of Outdoor Use Requirements (Section 22-11 13 (d») 2 1 Process III
Non-Conformance Use Change (Section 22-332) 2 1 Process III
Exception to Class I Home Occupation (Section 22-1068) 2 1 Process III
A TT A CHMENT B
ZONING CODE DEFINITIONS
Owner shall mean, in reference to real property, the person or persons holding fee title to the
property as well as the purchaser or purchasers under any real estate contract involving the real
property.
Parking area shall mean any area designed and/or used for parking vehicles.
Parking space shall mean an area which is improved, maintained and used for the sole
purpose of temporarily accommodating a motor vehicle that is not in use.
Pedestal sign shall mean a ground mounted sign which conforms to the standards of Plate 2.
Person shall mean any individual, partnership, association, corporation, unit of government
or any other legal entity.
Political sign shall mean a sign advertising a candidate for public office, a political party or a
particular voting preference.
Portable outdoor sign shall mean an outdoor sign that is not permanently attached into the
ground or a structure.
Preqpplication co'lference shall mean a meeting, between an ~plicant and members of the
development review committee, which is held prior to formal ~plication, durin¡ which the
prQject is discussed relative to ci~ and other pertinent codes and/or reilliations. A pre~plication
conference is reQJlired for all projects subject to the requirements of regulatoty reform as set out
Article XX. Preapplication Conference
Primary dwelling unit shall mean the main structure located on the subject property which is
distinguishable from any accessory dwelling unit because it is greater in total square footage.
Primary vehicular access shall mean the major street from which the majority of vehicles
enter the subject property.
Principal use shall mean the primary or predominant use of any lot or parcel.
Private advertising sign shall mean a sign announcing a temporary event, use or condition of
personal concern to the sign user such as, but not limited to, "garage sale" or "lost dog."
Private club shall mean an association of persons organized for some common purpose, but
not including groups organized primarily to sell merchandise or render a service which is
customarily carried on as a business.
Private notice sign shall mean a sign announcing a restriction or warning regarding the
subject property, such as but not limited to "no trespassing" or "beware of dog."
Private traffic direction sign shall mean a sign on private property which provides
information for vehicular movement while on that property.
Tenant improvement shall mean any work, improvement or remodeling completely within the
interior of a building necessary to meet the varied requirements of continuing or succeeding
tenants.
Threshold determination shall mean the decision by the re~onsible official (the Community
Development Services Director) whether or not an Environmental lII\Pact Statement (PIS) is
reqpired for projects that are not cateaorical1y exeIl\Pt under the State Environmental Policy Act
(SEPA)
Topsoil shall mean the uppermost strata of soil containing a large percentage of organic
materials and which is capable of providing suitable nourishment for vegetation.
Trade (or vocational) school shall mean a post-secondary institution that trains persons for
qualification in specific trades or occupations, i.e., mechanics, construction, electronics, plumbing,
chefs, upholstery, bartending.
Traffic control devices shall mean signs, signals, stripes and other mechanical or graphic
items which control the flow, direction or speed of vehicular and pedestrian traffic.
Under marquee sign shall mean a sign which is attached to and suspended fÌ"om a marquee or
canopy and which does not extend beyond the marquee or canopy.
Use shall mean the nature of the activities taking place on private property or within
structures thereon. Each separate listing under the "Use" column in sections 22-596 through 22-
878 is a separate use.
Vehicle service station shall mean a commercial use supplying petroleum products that are
for immediate use in a vehicle.
Vehicle storage area shall mean an outside area which is used for the storage and/or display
of operational vehicles.
Vehicular access easement or tract shall mean privately owned land used and legally
committed, through easements, plat restrictions or similar mechanisms, to providing access for
vehicles and pedestrians to properties other than the property within the tract or easement. It may
also provide space for utility lines and appurtenances and other devices and facilities benefiting
nearby properties or the public.
Wall mounted sign shall mean a sign attached to and extending not more than 18 inches fÌ"om
the facade or face of a building or a mansard roof with the exposed face of the sign parallel to the
facade or face of the building or mansard roof.
A TT A CHMENT C
AMEND MENTS
ARTICLE ill. AMENDMENTS
DIVISION 1. GENERALLY TEXT AMENDMENTS
Sec. 22-216. Applicable process.
The city will use procesri¥ YI described in sections 22-516 through 22-530 to review and
decide upon a proposal to amend the text of this chapter.
(Ord. No. 90-43, § 2(135.10), 2-27-90)
Cross reference(s)-Process IV YI review procedure, § 22-516 et seq.; amendments to the
zoning provisions must be reviewed and decided using process W YI, § 22-516.
Sec. 22-217. CI ¡tel ¡ft.
The GitJ may amend the !"xt of this chap!"! only nit finds that.
(1) The. pIopos"d tmlcndment is consistent with thG applicAble pIOvisions of tile
Gomprehelì5i~e plan,
(2) The pIoposed amendn1ent bears a substantial relation to pnbliG health, safety or welfare,
and
(3) The pIoposed amendment is in the best interest of the residents ofthG Git}.
(Oed. Uo. 90-43, § 2(135.15), 2-27-90)
Secs. 22-it8 ill-22-235. Reserved.
DIVISION 2. COMPREHENSIVE PLAN.
----------
.Cross reference(s)-Amendments to these provisions must be reviewed and decided using
process W YI, § 22-516.
----------
Sec. 22-236. Applicable process.
The city will use process W VI described in sections 22-516 through 22-530 to review and
decide upon a proposal to amend the comprehensive plan.
(Ord. No. 90-43, § 2(140.10), 2-27-90)
Cross reference(s)-Process IV YI review requirements, § 22-516 et seq.
Sec. 22-237. FadolS to be considel ed ill amend.nealt.
The city ÙIA) cobsider, bat is not lildited to, tilG foHowih! [40tOI5 WhGb Gohsidering a
pJoposed mnendment to the GonlprehGn5Ïve plan.
(1) The dreGt upon thG ph,siGa:l GuvtJonment.
(2) The cffe~t on Op~l space, sneml1S mtd lakes.
(3) The Gompatmitit} with and Ìn1pAGt on adjacent land USGS 4nd surrounding
neighboI l1oods.
(4) The adequacy of and tJnpact on community facilities includ;ns utiHties, loads, public
transportation, pal ks, I GGI e4tion mId SGl1ools.
(5)
(6)
The benefit to the ncighbolbood, city and reAiou.
The qumltit) And 10Gation ofland plmmed £01 the ploposed land use type and density
and the demand fur sliGh land.
(7)
The Gun ent and projGGted population density in the area.
(8) TIle effeGt upon othGr Aspects o[the Gon.prellc.nsive piMl.
(Ord. No. 90-43, § 2(140.15), 2-27-90)
Sec. 22-238. C. ite. iA (OJ A.ue4dment.
The Gity may Ainend the GontpIehensive plan only nit finds that.
(I)
The proposed amendment bc.als a substantial JdAtionship to publiG health, safety, or
welfare, Aild
(2)
The pIoposed amendment is in the best interest o[the. I Gsidents of the city.
(OM. No. 90-43, § 2(140.20), 2-27-90)
Sec. 22-239. Responsibility to I e. iew.
The city shall re~iew the GompIehGnsive plAn to determine if any changes are destJabk at
tmc.e-year ¡ateI vals, begimrin~ in 1990. The city nlA} also re~icw or amend the comprehensi~e
plan at AnJ othel timG.
(Ord. No. 90-43, § 2(140.25), 2-27-90)
Sees. 22-248 22-237-22-255. Reserved.
DMSION 3. REZONINGS.
----------
.Cross reference(s)-Zoning district regulations, § 22-571 et seq.
---------
Subdivision A. Generally
Sec. 22-256. Types of reclassification.
(a) There are two types ofrec1assification of property under this chapter.
(1) Legislative rezones. A rezone will be treated as a legislative matter if:
a.
It is initiated by the city; and
b.
It includes a large number of properties which would be similarly affected by the
proposed rezone.
(2) Quasijudicial. A rezone will be treated as a quasi judicial matter when it does not meet
the requirements of subsection (1) of this section.
(b) Sections 22-596 2.2Q through 22-686 m apply to legislative rezones. Sections 22-696
296 through 22-945- 307 and 22-1221 through 22-1359 apply to quasi-judicial rezones.
(Ord. No. 90-43, § 2(130.10), 2-27-90)
Sees. 22-257-22-275. Reserved.
Subdivision B. Legislative Rezones.
----------
.Cross reference(s)-Amendments to these provisions must be reviewed and decided using
process IV Y!, § 22-516; suburban estate district, § 22-596 et seq.; single family residential
district, § 22-631 et seq.; multifamily residential district, § 22-666 et seq.
----------
Sec. 22-276. Applicable process.
The city will use process IV YI described in sections 22-516 through 22-530 to review and
decide upon a proposal for a legislative rezone.
(Ord. No. 90-43, § 2(130.15), 2-27-90)
Cross reference(s)-Process W YI review procedure, § 22-516 et seq.
Sf;C. ~2-2". Clit~lia.
Th~ cit:Y n'la} decide to appIOvC A legislative rezone only ifit finds thAt.
(1) Thc proposal is consistent with the. compIehen.si\le plan,
(2) ThG pIOpOSal bGAtS A sdbstantial relation to public health, smt} OJ welfAtG, and
(3) ThG proposal is in the b~st int~Iest oCtile rGsidelrts oCthe dry.
(Ord. No. 90-43, § 2(130.20), 2-27~90)
Sf;C. ~2-218. Map cl1auge.
IftiK. city appro\les a legislative Ie.,one. it will give effect to this dedsion by ntakin~ the
n~cessa1J antrodm~llt to th~ zon:Ïl1& nlap of the GÏt).
(OM. No. 98-43, § 2(138.25), 2-27~90)
Sees. 22-i-991Z2-22-295. Reserved.
Subdivision C. Quasijudicial Rezones.
----------
*Cross reference(s)-Professional office district, § 22-696 et seq.; neighborhood business
district, § 22-721 et seq.; community business district, § 22-751 et seq.; city center distJÏGt~,
§ 22-791 et seq.; ci~ center-frame § 22-803 et seQ; office park district, § 22-826 et seq.;
ntanl1facttuing business park district, § 22-861 et seq.; planned area zones, § 22-896 et seq.;
planned unit developments, § 22-921 et seq.; environmentally sensitive areas, § 22-1221 et seq.
----------
Sec. 22-296. Applicable process.
The city will use process æ Y. described in sections 22-477 22-XXI through 22-498 22-X24
to review and decide upon an application for a Quasiiudicial rezone.
(Ord. No. 90-43, § 2(130.30), 2-27-90)
Cross reference(s)--Process æ Y. review procedure requirements, § 22-477 22-XXI et seq.
Sec. 22-29'. Applkation.
In Addition to the appHGAtion mateIÏms required in sGGtions 21-477 through 21-498, tile
ApplicAnt shaH submit A completed rezone ApplicAtion on the folm plovided by the depAithient of
,0nl111unity de~elopmellt, mong with &:H the infOlJUAÜOn Hsted on that follu.
(Ord. No. 90..43, § 2(130.35), 2-27-90)
Sec. 22-298 lli. Types.
(a) There are two types of quasi judicial rezones as follows:
(1) Non-proJect-related A quasi judicial rezone will be treated as non-project-related if:
a.
The proposed rezone is initiated by the city and the subject property is not owned
by the city; or
b.
The proposed rezone is fÌ"om one single family residential zone classification to
another single family residential zone classification.
(2) Project related A quasi judicial rezone will be treated as project-related when it does
not meet the requirements of subsection (a)(1) of this section. All project related
rezones require a specific development proposal for the subject property.
(b) Sections 22-751 through 22-810 apply to non-pIoject-related quA5Ïjudkial rezones.
Sections 22-826 tmough 22-945 and 22-1221 through 22-1359 apply to projcct-rdated
quAsijudicim rezones.
(Ord. No. 90-43, § 2(130.40), 2-27-90)
C.05' I ere. ence(,)--Conmmnity business distlÏct, § 22-751 et seq., city cc;uter district, § 22-
791 et seq., office pArk district, § 22-826 et s~q., manufacturing pArk district, § 22-861 et seq.,
planned a:l(.A ¿ones, § 22-89G et seq., plAn unit development, § 22-921 et seq., enviromnentally
sensitive areas, § 22-1221 et seq.
Sec. 22-299. Nonpl ojed . ~ones--CI ¡tel ¡a.
The city may Approve an application NI A quAsi-judicial non-project le¿one om, ifit finds
that
(1) The proposed rezone is in the best iMerest o{the Icsid~nts o{the city, And
(2) The pIoposed 1 e...onc. is appl0p1Îate becAuse either.
A.
Conditions in the inunediate viGinity o[the subje't pIOpeIty hAve so s~nifiGantl.Y
changed since the ploperty t'\IAS given its present ZOI1ÎI1:ß And that, under those
,hanged ,onditions, A r~zone is within the public interest, 01
b.
The rezone 'Will COlTect a Lone classification or zone boundary that was
inapproprÏate when established.
(Old. No. 90~3, § 2(130.45), 2-27-90)
Sec. 11-388. Saln~ap change.
Ifthc. dt, approves quasijudicial non-project rCZOIl~ it will give. effect to this decision by
adopting an oIdimmce. amending the zoning nlAp of the city.
(Ord. No. 90-43, § 2(130.50), 2-27..90)
Sec. 22-39t m. Project rezones-Generally.
The purpose of a project-related rezone is to enable the city to evaluate the applicant's
specific development proposal for the subject property as part of the decision on the rezone. If the
city decides to grant the application, it will adopt a resolution of intent to rezone which permits
the applicant to develop the subject property as shown on the site plan that will be approved as
part of that resolution. After the approved development is completed, the city will make the
appropriate change to the zoning map of the city.
(Ord. No. 90-43, § 2(130.55), 2-27-90)
Sec. 21..382. Same---C. at. ia.
The cit} mA) approve An application for a quasi-judicial project-rdate.d IezOIle. only nit finds
that
(1) The. GiÍteJlA set f~Ith in seGl~on 22-299 At" met,
(2) The; proposed pIoject compHGS with this chapter in aU respects,
(3) The site plan of the proposed project is desÎ8ned to minillbzG ail adverse. impacts on
developed prope;rties in the ~ì1mediat' ~jdnity of the subjeGt pIOpelty, and
(-4) The site plan is desi~lled to minill1Ï2e impacts UpOIl public $GI vices and utilities.
(Ord. No. 90-43, § 2(IJO.60), 2-27-90)
Sec. 12-383. Same---Effec.t of app. 0' AI.
If city Goancil approve.s a quAsijudic.iai proj"ct- relatc.d rc.zone, it will give dfect to this
decision by adopting a IesolutioJ1 ofintent to re.tone which will hAve the foHowing effects.
(1) Effie( 0" the applicant. The applicant mAy, subject to all applicable codes and
ordinanGes, develop the. subject pIoperry in comoltnÍty with the resolution of intent to
rezone and the site plan appro~ed AS part of that resolution.
(2) E/ftct 071 the city. lethe applk.al1t Gomplete5 de~eloplllent of the 5ubje't propert:Y in
COnful.lhity with the Jesolution ofintent to Jezone and the. ~ite plan AppJoved AS part of
that Jesolutlon, the elty shall mAke the Lone bound4:1y 01 Lone dassÏfiGation chAnge to
the LUJ~18 íllap appl0ved in that lesolutioll.
(Old. No. 90-43, § 2(130.65), 2-27-90)
Sec.. 22-384. Sam~:Minðl mðdific.atiðns.
Subseqacnt to th, adoptioll ofthG IGsolution of intent to leLOllG, the AppliGant InaJ Appl) Í\)J
A mittol DlodÏfication to the site plan apploved as part of that resolution. The GÌty will use process
¡ dc;scIibed in sections 22-386 tl1fough 22-411 to Ie.~ievv And dedde upon 4:11 appHcðt.ion for A
nhtlOl modifkation. The city Ill"-y approve. a n1Ïnor moditkation only ifit finds thðt..
(1) TIK. change will not Jesuit in leduGing tI~ 14:11dsGApGd areA, buireJ arc.as or the ttmOunt
of open !pace on the project,
(2) The Ghallge will not rGsult in increasing the residedtial density or gross flool A1Ga ofthc.
projc.ct,
(3)
The. ,hange will not re.sult in an, structure, or vehicular circulation 01 p4:1king area
being moH.d ItlOle. than ten &c.t in any direction and will not leducc. any lequhGd Y41d,
(4) The change wiH not result in AllY ineJGas, in height of 411) structure,
(5) The changG ~ill not [(¡suIt in a change in thc.loc.ation of an; aCGess point to thG plojec.t,
and
(6) The change will not il1C1ease AilY Ad~erse iInpac.ts or undc.silable effe,ts of the fHoject
and thðt. the change in no way signific.antry alters thG project.
(Old. :No. 90-43, § 2(130.70), 2-27-90)
ClOSS. efu enc.e(s)--Process ¡ le~ievv pJocedulG lequiJenlents, § 22-286 et sc.q.
Se~. 22-38S. Same--Majol mðdific.atiðns.
¡£the applic.A1it sec.ks a modification to the approved site. plan thAt doGS not n1CGt all of the
rGquÏfGments of se,t¡on 22-304, the applicant mAJ do so by submittihg the application mAteriAl
required for a new quAsijudiáal plojeGt lelated rezonG. ThG dty will pIocess and decidG upon this
appliGAtion, asing the provisions in sections 22-301 tlnoklgh 22-305, as ¡fit weJ(, an applk,aÜon
for a new qnasijudiáal ploj~ct I dated IG1.onG.
(Old. No. 90-43, § 2(130.75), 2-27-90)
Sec. 22-386. Same--Lapse of a I esolution of ;4tent to I none.
(a) 1."rllCltmtd time. The GÍty counâl may, in the resoluti01i ofjntent to le£one, e.<tcnd the
time lin1Ïts in SGctioJls12-476 thtough 22-498 for the project.
(b) Efftct on land t4~ if 1 tsollitiðlllap$t.J. If the I,solution of intent to 1 ezone lapses under
the time Iin1Ïts of sections 22-476 thl0agh 22-498, or 5ubsection (a) of this seçtion, Any
de~elopnlCnt on the subjc.ct plOperty lllUst comply with all applicable laws of the c.ity M if the
resolution of intent to lezone had not been granted.
(Old. No. 90-43, § 2(130.80), 2-27-90)
Sec. 22-381. Same---,*lap chaille.
Upon completion of the project in fi::dI cOmrÆAnGe with the resolution ofintent to rezone and
the site plan approved AS part of that I~solutiOH, the GÌty shall 8Ï'\1e effect to the rezone by
adopting an 01 dinanGe tlmt malœs the. Ghang' to the zone bodndat)' or zone clusifiGation on the
zoning map that was appIoved in the. Ic.solutioll oflntent to r(.¿oue.
(Did. No. 96-43, § 2(130.85), 2-27-90)
Sees. 22-368 22,2-22-325. Reserved.
/
A TT A CHMENT D
PRE-APPLICA TION MEETINGS,
PERMIT CANCELLATIONS, ETC.
ARTICLE XX. PREAPPLICATION CONFERENCE
Section 22-xxl. Generally.
Except as specified in section 22-xx3, evety ~plication for a development permit subiect to the
procedural reQJ1irements of re&Ulatoty reform must undergo a preapplication conference under
this article and is subject to the provisions of this article. Development permit applications subject
to the provisions of this article shall not be acce.pted by the director of community development
services unless the IU)plicant or the lij)plicant' s r~resentative has requested and attended a
pre~plication conference.
Section 22-'n1. Pu~poses of review.
The preapplication conference has the following purposes:
OJ To acquaint the applicant with the applicable requirements of this code and other law.
However. the conference is not intended to provide an exhaustive review of all the
potential issues that a given ~plication could raise. The preapplication review shall not
prevent the city or other agencies ITom applying all relevant laws to the application;
m
(2) To acQJ1aint city and other agency staffwith a sufficient level of detail about the
proposed development to enable staff to advise the ap,plicant of ap,plicable law.
The QJ1ality, accuracy, and depth of information provided by the city at the time of the
preapplication conference is substantially dependent on the Quality, accuracy, and completeness of
information submitted for the preapplication conference
Section 22-xx3. Exceptions.
The following actions are exempt ITom the provisions of this article:
ill Development proposals and permits statutorily exempt ITom the requirements ofRCW
367GB
(2)
The applicant submits a written request and is granted a written waiver by the director
based on one or more of the following criteria, and the applicant is advised in writing
that waiver of preapplication review increases the risk the application will be
incomplete or processing time will be increased'
a.. The simple nature of the proposal;
h.. The project would be severely impacted by the preapplication process due to time
or financial constraints outside the control of the applicant;
~ The site has previously undergone pre~plication, site plan or other land use
review for the same or similar development proposal and it is unlikely further
preapplication review will provide any benefit to the city or applicant;
d.. The director determines preapplication review is not in the best interest of the city
or ~plicant.
Pre~plication conferences for all development proposals and permits exempt £Tom the provisions
of this article is optional to ~plicants and requests for preapplication conferences will be
scheduled by the director on a time-available basis.
Section 22-:0:4. Conduct of the review.
The director of community development services shall coordinate the involvement of city and
~iency staff re$ponsible for development review includin¡ plannini, buildin¡, fire, utilities, roads,
draina.¡e parks, and other subjects. as lij)propriate. in the preapplication review process Relevant
staff shall attend the prelWplication con(erence or shall take other steps to fulfill the puq>oses of
prelij)plication review.
Section 22-:0:5. Administrative auidelines.
The city manaier is authorized to adopt administrative ¡uidelines to implement the provisions of
this article These administrative ¡uidelines will be used in the preapplication review and have the
full force and effect as if they were set forth in this ch~teI:r and shall be on file in the department
of community development services.
Section 22-:0:6. Applications.
A. Who mQ)' qpply Ally person may, personally or throu¡h an ~ientr IWply for a pre~plication
conference.
B. How to qpp{v. The ~plicant shall file a completed ~plication and 8.I1Y reQJlired fee with the
department of community development services on the form provided by the department.
Any fee imposed will be credited toward the lij)plication fee at time of formal application.
The ~pplicant shall also provide any information or material that the director of community
development services determines is reasonably necessary to conduct a preapplication
conference A complete list of preapplication submittal requirements shall be prepared by the
director and maintained on file with the city.
C. Director Authority The director m&y moditÿ requirements for preapplication materials and
may conduct a pre~plication review with less than all of the required information. However.
failure to provide all of the required information may prevent the cÍ1y £Tom identifyin¡ all
applicable issues or providin¡ the most effective preapplication review.
Section 22-:0:7. Timina.
A. Scheduling ~f Preqpp/ication Co'lference. ithin five workin¡ d~s after receipt of a
complete preapplication. the department of community development services shall notitÿ the
~plicant of the date. time. and location of the pre~plication conference, the puq>oses of
pre~plication review, and the nature of the preapplication conference.
B. Preapplication Meeting Summary The department shall mail the ~plicant and other parties
a written summary of the preapplication review. The written summary shall provide the
followin¡ information to the extent possible ¡iven the information provided by the ~plicant:
1.
Z.
Summarize the proposed applications:
Identify relevant city &pproval procedures. decisional criteria and development
standards;
Evaluate infonnation the &pplicant submitted and identify ~ecific modifications or
additional infonnation that is needed to re~ond to relevant criteria and standards
or is recommended to respond to other issue!!;
Identify applicable &pplication fees and time frames;
Identity infonnation relevant to the application that may be in the possession of the
city or other a¡encies of which the city is aware. such as:
a.. Conwrehensive Plan m&p designation and zonin¡:
h. Environmentally sensitive areas;
&.. Public facilities and services that will serve the site and relevant service
considerations:
iL Pipeline projects of public record that may affect or be affected by the
proposed development: and,
~ ReqJ1irements for a complete application
l..
~
~
C. Subsequent Reqpest for Preqpplication Review An applicant m~ submit a written reqJ1est
for subsequent pre~plication conference for the same site or prQject at any time. A request
for subsequent preapplication review shall be subject to the same submittal reQJlirements and
procedures outlined in this article including payment of all required application fees
D. Expiration. Preapplication review does not vest an &pplication. A new request for or waiver
of preapplication review shall be filed unless the applicant submits a complete development
application substantially similar to the subject of the preapplication review within one
calendar year after the preapplication conference or after approval of waiver of
preapplication review.
Section 22-xx8. Other authority not affected.
A preapplication conference shall not be construed to constitute acc~tance. approval.
conditional approval. denial, public notice. or any other decision makin¡ process in advance
of receivin¡ a complete pennit application.
Section 22-xx9. Responsibility of applicants.
Regardless of any review, approvaL inspection or other actions of the city, it is the
responsibility of the applicant to insure that all subsequent work. actions, or conditions on the
subject property complies with the Federal Way City Code other applicable laws and any
permits and/or approvals wanted to the subject property.
Section
. Application cancellation.
If an applicant fails to provide additional infonnation to the city within 180 days of being
notified by certified mail by the city. the application shall become null and void.
An ~plicant may submit, in writing, a request to extend the 180 day deadline for an
additional 90 d~s. provided that such request is received by the director of community
development services at least ten days prior to e~iration of the 180 d~ period. The director may
¡rant an extension if the applicant demonstrates that the delay has been due to circumstances
beyond the control of the applicant.
Section
. Exemptions from Requirements of the Re&ulatory Reform Act
Pursuant to Chlij)ter 36 70B 14°<Â) RCW, certain prQject permits which warrant an
extraordimuy review process, a uniQJ1e review process. or certain project permits and lij)provals of
limited impact such as boundaty line a<ljustments and all administrative lij)provals and
construction permits categoricalty exempt ITom the reQJ1irements of Chapter 43.21C RCW (State
Environmental Policy Act) and Chlij)ter 18 of the Federal Way City Code, or permits for which
environmental review has been completed in connection with other project permits are exempt
ITom the reQJ1irements of the ReiUlatory Reform Act. A complete list of exempt developments
shall be on file in the department of community development services.
Sec.
. Development application submittal requirements.
The director of community development services shall develop and maintain the requirements
for development lij)plication submittal These reQJ1irements will be made available upon reQJ1est
and will clearly indicate the information and materials necessaty for the city to process
development ~plications and to determine whether a complete application has been submitted.
This list will not determine if an ~plication conforms to the Federal Way City Code requirements.
Such review will occur once an ~plication has been determined to be complete.
A TT A CHMENT E
PROCESS I - DIRECTOR'S APPROVAL
ARTICLE XX - PROCESS I - DIRECTOR APPROVAL
Section 22-nl. Generally.
Various places of this ch~ter indicate that certain developments activitie$. uses or
intex:pretations are permitted only if ~proved usini process I. Under process Ir the director
of communi1;y development serviceSr is authorized to make administrative decisions and
intex:pretations based on certain criteria as set forth in this article or chapter ~ I\Ppeals of
the director's decision may be ~pealed to the ci1;y's hearini examiner as provided for in this
article
Section 22-u.2. Purpose of review.
Process I has the followil\i pux:poses:
ill
To review a proposal for coII\Pliance with the provisions of this chapter and all other
applicable law.
(2)
ill To provide an expedient and reasonable land use review process for administrative
decisions and intex:pretations.
To ensure that the health safety and welfare of the citizens of the ci1;y is preserved
Section 22-n3. Applications.
A.
Who mqy qpply. A1\y persol\, personally or through an a¡ent, may make application for
a process I land use decision
~
How to aJ!P{V. The applicant shall file a completed master land use application
Accornpanyil\i the I\Pplication shall be a written response to the decisional criteria as
set forth in this ch~ter for a particular use or activi1;y. For administrative
intex:pretations the applicant shall file a conwleted master land use application aloni
with a written description which at a minimum clearty states: 1) the intex:pretation
requested' 2) applicable federal way code section(s); and 3) relevant information and
at:~ments which support the requested intex:pretation.
k
Fee With the I\Pplicationr the applicant shall submit the fee established by the Ci1;y
The ~plication shall not be accepted unless it is accompanied by the required fee.
Il
Director Authority. The director of community development services may modify the
submittal requirements as deemed appropriate
E..
Routing of Application. An application for an administrative decision or inter:pretation
shall be routed to the director of community development services The director may
route for comment an ~plication to other staff members or departments
Section 22-4. Intel pi etations of this ell.piea - Geneully. Section 22-xx4.
Interpretations.
The director of community development services may, acting on his or her own initiative or
in response to an application for an interpretation, issue interpretations of any of the
provisions of this chapter.
A.
Criteria. The director shall base an interpretation on:
(1) The defined or the common meaning, as applicable, of the words in the provision;
(2) The general purpose of the provision as expressed in the provision; and
(3) The logical or likely meaning of the provision viewed in relation to the
comprehensive plan, zonin¡ code or other plans and studies prepared or adopted
by the city.
B.
Effect. An interpretation of this chapter will be enforced as if it is part of this chapter.
C.
Availability. All interpretations of this chapter, fikd 5~quentially, are available for
public inspection and copying in the department of community development services
during regular business hours.
Section 22-n5. Notice of Administrative Decision.
The director of community development services shall provide in a timely manner a copy of
his or her decision to the ~plicant and any interested parties.
Section 22-5. Same - Appeals. Section 22-xx6. Appeals.
A.
Any person who is aggrieved by an interpretation or administrative decision issued by
the director of community development services may appeal that interpretation m:
administrative decision at arry time within 14 days of the date of decision.
B.
The applicant must file a letter of appeal indicating how the interpretation or decision
affects his or her property and presenting any relevant arguments or information on the
correctness of the interpretation. The applicant shall include appeals fees as established
by the city. The appeal will not be accepted unless it is accompanied by the required
fee.
C.
All appeals of interpretations of this chapter will be reviewed and decided upon using
process IV.
D.
If the interpretation of the director of community development services is modified, the
director shall:
(1) Place the modifYing decision in the interpretation file; and
(2) Change or remove, as appropriate, the interpretation that was modified.
A TT A CHMENT F
PROCESS II - SITE PLAN APPROVAL
ARTICLE V. SITEPLANREVIEW"'-PROCESS n
----------
.Cross reference(s)--Binding site plans under the subdivision regulations, § 20-61 et seq.;
requirements for drainage review, § 21-87; calculating lot coverage requirements in the district
regulations, § 22-955; land modification restrictions and requirements, § 22-1091 et seq.; site plan
required for commercial and industrial uses and activities that are conducted out of doors, § 22-
1113; site design requirements for environmentally sensitive areas, § 22-1266 et seq.
----------
Sec. 22-361. (;enerally.
Except as specified in section 22-362, every application for a development permit must
undergo site plan review under the provisions of this article and is subject to the provisions of this
article. In addition, all commercial office and industrial development applications subject to the
provisions of this article. includini applications for remodelini and expansion of an existini USer
shall also meet the reQ}lirements of Article XD<. Community DesißIl Guidelines of this chapter
Process n applications are exempt fÌ"om the procedural requirements set forth in RCW
36.70B.070..09 and 110. Any Process n application not exem.pt fÌ"om the State Environmental
Policy Act shall be reviewed pursuant to the procedural requirements of Process ill of this
chapter.
(Ord. No. 90-43, § 2(175.10(1», 2-27-90)
Cross reference(s)-Permits, § 22-176 et seq.
Sec. 22-362. Exceptions.
Permits for the following are exempt fÌ"om the provisions of this article:
(1)
The development of one detached dwelling unit on a preexisting lot.
(2) Any tenant improvements or normal maintenance on the subject property necessary to
meet the varied requirements of continuing or succeeding tenants.
(3) The director of community development may exempt minor additions ITom the
requirements of this article; provided the additions are necessary to house mechanical
equipment such as coolers, heating, ventilation, and air conditioning type of equipment.
(Ord. No. 90-43, § 2(175.10(2», 2-27-90; Ord. No. 91-113, § 5, 12-3-91; Ord. No. 92-144, § 4,
6-16-92)
Sec. 22-363. Conduct of the review.
The city manager shall appoint one or more employees or other persons working on behalf of
the city to perform the functions established under this article.
(Ord. No. 90-43, § 2(175.10(3)), 2-27-90)
Sec. 22-364. Pal poses of. ey iew. Site Plan & Communi~ Design Guidelines Approval Criteria.
(a) Applicability. The director of communi~ development services may approve an ~plication
fw: The-site plan review hAS the foHowÌ1~ pulþoses: and community design ¡uideline review ifit is
consistent with the followin¡ sets of decisional criteria'
(b) Site Plan criteria.
(1 ) It is consistent with the coß\Prehensive plan.
(2) To leyiew the ploþosal £\)1 c.onlpliance with thG pro~isiolls of this chaptel and all othet
ApplicAble lAW. It is consistent with all ~plicable provisions of this chapter;
(3) It is consistent with the public health, safe~ and welfare;
(4) To help mStde that the plOpOSal is c.oordinated, AS is reasonable and Aþploþriate, with
othCl kno~1l or mticipatc.d development on private. þropertiGs in the mea and with
known or anticipated right-of-WA) and other public. jmpro~ement projec.ts ~ithin the
area-. The proposal is coordinated, as is reasonable and ~propriate. with other known
or anticipated development on private properties in the area and with known or
anticipated ri~t-of-way and other public improvement projects within the area:
(5) To etlCOulage plOpOSalS that enlboct, good design prinGiples that williesult in high
quality de v elopment on the subjec;t pI opel t y. The proposal embodies ¡ood design
principles that will result in hi¡h Quali~ development on the subject property;
(6)
To dctumine ~hethel the. stleets md tttmties in the. mea oftIK. subjec;t property MC
adequate to sene the anticipated demand fÌ'on1 the ploþosal. A determination of
whether the streets and utilities in the area of the subject property are adequate to serve
the anticipated demand ttom the proposal;
(7) To le'View the proþosed Access to the sttbjeGt þIOperty to deteuuinG that it is the
optinlalloc.atioll and c.onf'l!urAtion for Access. The proposed access to the subject
property is determined to be at the optimal location and confi¡uration for access;
(Ord. No. 90-43, § 2(175.10(4)), 2-27-90)
(c) Community Design Guideline decisional criteria.
(1) It is consistent with site design standards set forth for all zonin¡ districts in section 22-
lli$
(2) It is consistent with ~plicable supplemental ¡uidelines set forth in section 22-1638;
(3) Ew:..dœ}opment a.pplications for remod,diOi or expansion of an existini development,
it is consistent with those provisions of Article XIXr CommuniQ' Desi~ Guidelines,
identified by the director of communiQ' development services as beio& applicable;
(4) The development proposal serves to illlProve the ieneral appearance of the zone in
which it is located and furthers the &oal of providio& pedestrian circulation.. public
amenities and open space;
ill The development proposal provides a creative buildins and site desiiJ1 resultios in a
QJlali~ development pursuant to the comprehensive plan.
Sec. 22-365. Administrative guidelines.
The city manager is authorized to adopt administrative guidelines to implement the
provisions of this article. These administrative guidelines will be used in the site plan review and
have the full force and effect as if they were set forth in this chapter, and shall be on file in the
department of community development.
(Ord. No. 90-43, § 2(175.10(5», 2-27-90)
Sec. 22-366. Authority.
(A) If the proposal requires appIovm thlough pIocesses I, IT or ill of this chaplet, the. site
plan Ie~iew conducted under this artick will be, put in writing and £oml the bASis of or be An
exhibit to the stAfflcport to the, heAring exAminer under processes IT a.nd ill And will be provided
to the director of comnmnity de,vdopnlc.nt uncle! P!OC~Ss 1.
(a) (b) If subs(.Gtion (A) ofthis seGtion does not apply, the. Site plan review conducted under
this article will form the basis of any modifications to any permits or approvals issued by the city
for the proposal. In this regard, the person or persons conducting the site plan review is hereby
authorized to require modifications to the proposal consistent with the criteria contained in
section 22-364 and the administrative guidelines, if any, adopted under section 22-365.
(Þ) The director of communi~ development services shall int~irate his or her decision and
findiois for site plan and communi~ desiin illideline review into a sinile decision A copy of the
decision shall be forwarded to the applicant, any person who submitted written comments or any
person who specifically requested a copy of the director's decision.
Ord. No. 90-43, § 2(175.10(6», 2-27-90)
Cross reference(s) PIocess I Ie,view requi!ements, § 22-386 et seq., process IT review
requirements, § 22-431 et seq., proc.ess ill leview requilements, § 22-476 et seq.
Sec. 22-367. Appeals.
The applicant, any person who submitted written comments or any person who specifically
requested a copy of the director's decision may appeal the site plan review and/or communiQ'
desiill illideline conditions and the director's decision to the ci~' s hearini examiner usin¡ the
provisions of process IV of this chapter. a decision to reqQir~ modifications of a propo~al, otheI
than Modifications required to bring the proposal into compliance with this chapter and all other
applicable laws is not lij)pealable. to the healing eAAmin~1 using th~ appcal procGdures of process I
of this chaptGI.
(Ord. No. 90-43, § 2(175.10(7», 2-27-90)
Sec. 22-368. Other authority not affected.
Nothing in this article in any way limits, or may be construed to limit, the authority of the city
including but not limited to the authority to condition or deny proposals, available to the city in,
through or by any other provision of this article or other law.
(Ord. No. 90-43, § 2(175.10(8», 2-27-90)
Sec. 22-369. Responsibility of applicant and owner.
Regardless of any review, approval, inspection or other actions of the city, it is the
responsibility of the applicant and owner to insure that all work, actions or conditions on the
subject property comply with this chapter and all other applicable laws and any permits and/or
approvals granted under this chapter or other applicable law.
(Ord. No. 90-43, § 2(175.22), 2-27-90)
Sees. 22-370-22-385. Reserved.
A TT A CHMENT G
PROCESS III - PROJECT APPROVAL
ARTICLE VI. PROCESS ill REVIEW* - PROJECT APPROVAL
----------
.Cross reference(s)-Appeals from the fire prevention standards, § 8-40; procedure for
review of the shoreline management development permit requirements, § 18-165; power and
jurisdiction of the hearing examiner, § 22-84; !eview p!oGGdù!e fa! shott subdivi~iaL1 plats, § 20-
~; requirements for drainage review, § 21-87; appeals regarding zoning citations to be reviewed
under process III requirements, § 22-126; minor modifications to the site plan approved as part of
the resolution of intent to rezone may be made using process III procedures, § 22-304;-fOr
proposals which re-quite Appro~aI thr<mgh proGe-sses I, n 01 ffi, the site plan review n1Ust fiaeet the
lequitclllt.L1ts in this scction, § 22-366; applications for a temporary use permit will be reviewed
and decided using process ill review procedures, § 22-5461 et seq.; proposal to construct a
bulkhead along the stream must be reviewed under the process III review procedure, § 22-1308;
request for culverts in streams will be reviewed under the process III review procedure, § 22-
1309; appeals of modification requirements in developments or uses which require approval
through processes I, n, or ill m.lY shall be appealed pursuant to the procedures of process III, §
22-1397.
----------
Sec. 22-386. Administration.
Various places of this chapter indicate that certain developments, activities or uses are
permitted only if approved using process III. This article describes process III. Under process III,
the director of community development services will make the initial decision based on written
comments and information. Appeals will be decided by the hearing examiner after a public
hearing.
(Ord. No. 90-43, § 2(145.05), 2-27-90)
Cross reference(s)-Hearing examiner, § 22-81 et seq.
Sec. 22-387. Proposal requiring approval through process ny or-BI.
If the development, use or activity that requires approval through process III is part ofa
proposal that also requires approval through procesrl IY or pi oce55 ill, the entire proposal will
be decided upon using that other process (01 if pi vGc.sses n And ill Apply, then pi OGess ill), if the
director of community development services determines that this will result in more efficient
decision making.
(Ord. No. 90-43, § 2(145.10), 2-27-90)
Sec. 22-388. Applications.
(a) Who may apply. Any person may, personally or through an agent, apply for a decision
regarding property he or she owns.
(b) How to apply. The applicant shall file a completed application in the department of
community development services on the form provided by the department. The applicant shall
also provide any information or material that is specified in the provision of this chapter that
describes the decision applied for and any additional information or material that the director of
community development services determines is reasonably necessary for a decision on the matter.
(c) Fee. With the application, the applicant shall submit the fee established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Within 28 calendar d~s of receiviQ¡ an IWplicatiol\, the city must determine whether the
IWplication is colI\Plete. A checklist for determinin¡ complete applications is available throu¡h the
d~artment of community development services If the city deems the ~plication to be colI\Plete,
a Letter of ColI\Pleteness must be issued prior to the 28 d~ deadline If the city determines the
IWplication to be incomplete. the city shall notitY the ~plicant of what needs to be submitted for
a complete a.p.plication. In this written determination, the city shall also identitY, to the extent
known to the city. the other a¡encies of local, state or federal ¡ovemment that m~ have
jurisdiction over some aspect of the proposed development activity
Within fourteen days after an ~plicant has submitted the additional information identified by
the city as beiDa necessary for a colI\Plete IWplicatioQ, the city shall notify the applicant whether
the application is complete or whether additional information is necessary. An ~plication shall be
deemed colI\Plete under this section if the city does not provide a written determination to the
IWplicant that the IWplication is complete.
(~ A prQject permit application is complete for pUl:poses of this section when it meets the
city's procedural submission reQJlirements and is sufficient for continued processin¡ even thouih
additional information may be required or project modifications may be undertaken subseQJlentiy.
A determination of completeness shall not preclude the city ITom reQJlestiD¡ additional
information or studies either at the time of the Notice of Completeness or subsequently if new
information is required or substantial chaD¡es in the proposed action occur.
(Ord. No. 90-43, § 2(145.15), 2-27-90)
Sec. 22-389. Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using
this article. The director of community development services shall evaluate each application and,
where applicable, comply with the State Environmental Policy Act and with state regulation and
city ordinances issued under the authority of the State Environmental Policy Act.
(Ord. No. 90-43, § 2(145.20), 2-27-90)
Cross reference(s)-Environmental policy, § 18-26 et seq.
Sec. 22-390. 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 services. .
(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. 90-43, § 2(145.25), 2-27-90)
Sec. 22-391. Notice.
(a) Content. The director of community development services shall within 14 d~ys ofissui~
a letter of completeness on the proposal, prepare a notice of each application containing the
following information:
(1) The name of the applicant and, if applicable, the project name. The date ofapplicatioI\,
date of the notice of completion for the application, and the date of the notice of
~p'plication
(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 official newspaper
of 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 verbal description of the requested decision and a list of the prQject 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 and the deadline for
submitting comments.
(7) A statement that only the persons who submit written comments to the director of
community development services or specifically requests a copy of the ori¡inal decision
may appeal the director's decision.
(b) Distribution. At lc.ast Within 14 calendar days before the deadHne COI sabmitting
Gonmtents of issuini the letter of coII\Pleteness, the director of community development services
shall distribute this notice of ~pplication as follows:
(1) A copy of the notice of application will be published in the official newspaper of the
city.
(2) At least three copies of The notice of ~plication will be conspicuously posted on or
near the subject property. Ofth,s" 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. 90-43, § 2(145.30), 2-27-90)
See. 22-392. Burden of proof.
The applicant has the responsibility of convincing the director of community development
services that, under the provisions of this article, the applicant is entitled to the requested
decision.
(Ord. No. 90-43, § 2(145.35),2-27-90)
Sec. 22-393. Written comments.
The director of community development services shall consider all written comments and
information regarding the requested decision that are received by the department of community
development services before the deadline contained within the notice regarding the application.
(Ord. No. 90-43, § 2(145.40), 2-27-90)
Sec. 22-394. Director's decision.
(a) General. \Vithin 10 ~ofking da:ys aftc.I the deadline. £Of submittin~ GOntlhmts and afteI
GoIlsideIÎllg all of the inmnnation and GOfrhnents submitted on the. matter, the diredof of
Gomnlunit} dtveloplllent shall issue. A \1Vritteh decision. Iû..1Þreshold determination is required to
be issued, this determination must precede the director's decision on the land use and desiiD
review components of the Process III "'Pproval The director's decision must be issued within 120
days of a Letter of Completeness havin¡ been issued, unless there is an &J>peal of the threshold
determination If an appeal of the threshold determination is filed, any time limits for permit
processing pursuant to RCW 36.70B shall be sta.yed, provided, however that the appeal shall be
heard within 90 da.ys before the Hearing Examiner In order to limit the number of open record
hearings to one, the director's land use and desiiD review decision shall be issued prior to the
open record "'Ppeal hearing on the threshold determination to allow any a.ppeal of the land use and
or desiiPl review decision to be heard at the same time as the a.ppeal of the threshold
determination.
(b) Decisional criteria. The director of community development services shall use the criteria
listed in the provision of this chapter describing the requested decision 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;
(2)
It is consistent with all applicable provisions of this chapter;-and
(3)
It is consistent with the public health, safety and welfare;
œ The proposal is coordinated, as is reasonable and a.ppropriate, with other known or
anticipated development on private properties in the area and with known or
anticipated right-of-wa.y and other public improvement projects within the area;
ill
The proposal embodies ¡ood desiiD principles that will result in milt quality
development on the subject propet1y;
(Q)
A determination of whether the streets and utilities in the area of the subject propet1y
are adeQJ.1ate to serve the anticipated demand from the proposal; and
CD
The proposed access to the subject propet1y is determined to be at the optimal location
and configuration for access.
If the &J>plication is subject to the requirements of Article XIX, Community Desi¡n
Guidelines the director of community development services shall use the following criteria as well
in deciding upon an &pplication'
ill It is consistent with the site design standards set forth for all zoning districts in section
22-1634:
(2) It is consistent with applicable supplemental guidelines set forth in section 22-1638;
ill For development iij)plications for remodelina or e"Pansion of an existina development,
it is consistent with those provisions of Article XIX. Community DesiiIl Guidelines,
identified by the director of community development services as beiDa ~plicable;
~ The development proposal serves to ilI\Prove the aeneral ~pearance of the zone in
which it is located and furthers the ¡oal of providin¡ pedestrian circulation, public
amenities and open space;
æ The development proposal provides a creative buildin¡ and site desiiIl resultin¡ in a
Quality development pursuant to the comprehensive plan.
( 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 offacts 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
reqt1~st consideration and to appeal the decision of the director of community
development services.
(e) Distribution of written decision. Within-two m working days after the written decision
of the director of community development services is issued, it shall be distributed as follows:
(1) A copy will be mailed to the applicant.
(2) A copy will be mailed to each person who submitted written comments or information
to the director of community development services.
(3) A copy will be mailed to any person who has specifically requested it.
(Ord. No. 90-43, § 2(145.45), 2-27-90)
Sec. 22-395. Effect of the decision.
The applicant may not engage in any activity based on the decision until the third working
day after the time to appeal has expired. If the decision is appealed or if a r~qtI~st for
1 c.Gonsidc.l Atlon is 81 anted, the applicant may not engage in any activity based on the decision until
the third working day after the city issues a final decision on the matter. If the decision of the
director of community development services is not appealed or ree.omid~r~d, that decision is the
final decision of the city.
(Ord. No. 90-43, § 2(145.50), 2-27-90)
Sec. 11-396. Request rot t econsidek ation.
(a) Ge1Je,al. Arty p,rson who has A light to appeal under section 22-397 mAJ request the
directoJ of con'lfuuJtÏt] dGvelopmcnt to rcconsidcJ All] aspeGt of the. decision b] dcH~eIing a
vvIitten request £OJ Je.considelation to the. dcpAit.¡.icnt of GOInm:unity de.vdopmcnt 'Within se.vcn
Galendar dAJs after the dat~ ofissue ofthe ditector's decision. The person r~qu~sting the
JcGonsidcJation shall specÏf} in the. Jequcst what aspect of the dc.Gisioll he 01 she ~ishes to have
reGonsidered and the reAsons roI the request.
(b) D~tt ibtJtimJ qf, eqtJest. The person rcquestinß J (¡consideration shall, within the. same tinle
limits established in snbseGtion (a) oftms section, mail or peisonaU, deli~er a GOpJ' of the request
fOJ rce.onsideJation alOft! with a notice. of tile deadline for Jcsponding to the requGst for
reconsideration as established in subsection 0 of this section to those pelSons who M~e a light to
appe.aI undel seGtion 22-397. Ploof of such n1M 01 personal deli vel] shall be made b, affida-vit
attached to tht reqtlest for reGonsid(;ration deli v e.red to the department of COnl111t1nity
development.
(e.) Response to , e qtJ est. Any person receiving a copy oftbe. reqtlest £Or reconsideration
pUrSUAilt to subsee.tion (b) of this section mAJ file. A written lesponse to the. rc.quest. Such
re.sponse must be received by the department of GOm1nunity development within s~en calendM
dAJs after the written lequcst fol r'Gonsideration was filed ~ith the dcpaItmcnt. Arty pcrson filing
A IeSpOI1Se shall distIibute that lesponse Mid filG au affidAvit of distribution as c.stablished in
subsection (b) of this section.
(d) Ded:fiml to 1 UOIl:ridtl. "v"'yithih tc.n wolking days After rec.ei~ing a re-quest for
lec.onsideratiol1, the director of comntUnity development shall noti¥} the persons who have a right
to appeal under scction 22-397(a) ~lu~thel 01 not the dec.ision will be reconsidc.re.d. The dir~Gtor
may I ecoJlsidel the. decision onl, if he 01 shG condûdGs that there is substAntial merit in the
I eq uest.
(e) Effict. If the diIectol of c.onlmunity development ~1A111.S a request to lecoJlsidel Ail]
Aspe't of the decision, the city mAJ not plocess any appeals of the decision until thG director
issues his 01 he.r written dedsion on the rec.onsidered aspect.
(f) J."", oce.J~. If the diJ eGtOl of coJmllunity development ~coJl5iders Any ASJ'Gcts of the
decision, the pro-visions of sections 22-391 throl1gh 22-395 will be followed, e.«ept that the
ddCGtOJ ihAY linnt the JeconsidGJAtion by.
(1) Limiting the person~ who mAy pAiticipate in the JcGonsideration to those pe150J1S 'Who
hlne A right to appcm the dedsion under section 22-397. Iftms occurs, om, soch.
persolls 'Will be given notice I1ndeJ section 22-391,
(2) Lil1litinA thG aspect of tIle dedsiofi thAt will be reconsideJed,
a:nJ 1i1lntatiofis vnll be included in the notice given under section 22-391.
(Oed. :No. 90-43, § 2(145.55), 2-27-90)
Sec. 22-397. Appeals.
(a) Who may appeal. The decision of the director of community development services related
to either the land use approval or the community desian ¡uidelines decision may be appealed by
any person who is to receive a copy of that decision under section 22-394.
(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 provided that the appeal letter
must be delivered to the d~artment of community development services within 21 calendar di\Ys
of the postmarked date of the decision if state or local rules adopted pursuant to SEPA allow for
public comment on a declaration of non-silP1Íficance issued on the prQPosed develQpment activity
Oi, if a request roJ JeconsideiAtion is filed, th'fi ~ithin 14 caicndat dAYs of either the dec;sion of
the director den)inA tht request £OJ r,consideration 01 the leGonsidered decision, u the CASe mAY
be. The letter of appeal must contain:
(1) A clear reference to the matter being appealed; and
(2) A statement of the specific factual findings and conclusions of the director of
community development services disputed by the person filing the appeal.
(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) Requut /01 , ecml:Jitk, atimJ n'Ot I eqr,;, ed. The decision of the diI ectol of COfidtluuity
developn1ent mð) be Appealed ~hether OJ not there WAS A request to reconsider the director's
decision.
(e d) Jurisdiction. Appeals from the decision of the director of community development
services will be heard by the hearing examiner.
(Ord. No. 90-43, § 2(145.60), 2-27-90)
Sec. 22-398. Notice of appeal hearing.
(a) Content. The director of community development services shall prepare a notice of the
appeal containing the following:
(1) The file number and a brief verbal 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 ten 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 section 22-397.
(Ord. No. 90-43, § 2(145.65), 2-27-90)
Sec. 22-399. Participation in the appeal.
Only those persons entitled to appeal the decision under section 22-397 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. 90-43, § 2(145.70), 2-27-90)
Sec. 22-400. Scope of the appeal.
The scope of the appeal is limited to the specific factual findings and conclusions disputed in
the letter of appeal and the hearing examiner may only consider information on these factual
findings and conclusions. Modifications required to brina the proposal into compliance with this
ch~ter and all other applicable laws cannot be included in the appeal Persons participating in the
appeal may present new information to the hearing examiner that was not presented to the
director of community development services only if it is relevant to the specific factual findings
and conclusions disputed in the letter of appeal.
(Ord. No. 90-43, § 2(145.75), 2-27-90)
Sec. 22-401. Staff report on appeal.
(a) Content. The director of community development services shall prepare a staffreport 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 fÌ"om persons entitled to participate in the appeal and within the
scope of the appeal.
(5) An analysis of the specific factual findings and conclusions disputed in the letter of
appeal.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute copies of the staff report on the appeal as follows:
(1) A copy will be sent to the hearing examiner.
(2) A copy will be sent to the applicant.
(3) A copy will be sent to the person who filed the appeal.
(4) A copy will be sent to each person who received a copy of the director's decision.
(Ord. No. 90-43, § 2(145.80), 2-27-90)
Sec. 22-402. Public hearing on appeal.
(a) Generally. The hearing examiner shall hold a public hearing on the appeal.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(Ord. No. 90-43, § 2(145.85), 2-27-90)
Sec. 22-403. Electronic sound recordings.
The hearing examiner shall make a complete electronic sound recording of each hearing.
(Ord. No. 90-43, § 2(145.90),2-27-90)
Sec. 22-404. Burden of proof.
The person filing the appeal has the responsibility of convincing the hearing examiner that the
director of community development services made an incorrect decision because of erroneous
findings of fact or conclusions.
(Ord. No. 90-43, § 2(145.95), 2-27-90)
Sec. 22-405. 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. 90-43, § 2(145.100), 2-27-90)
Sec. 22-406. 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 ten 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.
(c) Effect. The decision by the hearing examiner is the final decision of the city.
(Ord. No. 90-43, § 2(145.105),2-27-90)
Sec. 22-407. Judicial review.
The action of the city in granting or denying an application under this article may be reviewed
for iHega:l, Gorrupt 01 at biLl at' J 01 GapriGiob5 aGtion pursuant to the standards set forth in RCW
36.21C.130 in the Kin¡ county superior court. The land use petition for review must be filed
within M 21 calendar days after issuance of the final land use decision of the city.
(Ord. No. 90-43, § 2(145.110), 2-27-90)
Sec. 22-408. Lapse of approval-Generally.
The applicant under this article must begin construction or submit to the city a complete
building permit application for the development activity, use ofland or other actions approved
under this article within one year after the final decision on the matter, or the decision becomes
void. The applicant must substantially complete construction for the development activity, use of
land, or other actions approved under this article and complete the applicable conditions listed in
the decision within.five years after the final decision of the city on the matter, or the decision
becomes void. Iflitigation is initiated pursuant to section 22-407, the time limit of this section are
automatically extended by the length of time between the commencement and final termination of
that litigation. If the development activity, use of land, or other actions approved under this article
includes phased construction, the time limits of this section may be extended in the decision on the
application.
(Ord. No. 90-43, § 2(145.115(1», 2-27-90)
Sec. 22-409. Same-Time extension.
( a) Application. Prior to the lapse of approval under section 22-408, the applicants 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 time
limits of up to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress
on the development activity, use of land or other actions approved under this article and that
circumstances beyond the applicant's control prevent compliance with the time limits of section
22-408.
(c) Fee. The applicant shall include, with the letter of request, the fee as established by the
city. The application will not be accepted unless it is accompanied by the required fee.
(d) Review process. An application for a time extension will be reviewed and decided upon
by the director of community development services.
( e) Appeals. Any person who is 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 the decision on the time extension effects 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 process H JY, described in section 22-431 et seq. Ally time limit,
pursuant to RCW 36 70B, upon the city's processini and decision upon çplications under this
chl\Pter may. exce»t as otherwise specifically stated in this chapter" be modified by a written
~eement between the a.pplicant and the director of community development services
(Ord. No. 90-43, § 2(145.115), 2-27-90)
Sec. 22-410. Bonds.
The city may require a bond under section 22-146 et seq. to insure compliance with any
aspect of a permit or approval.
(Ord. No. 90-43, § 2(145.120), 2-27-90)
Cross reference(s)-Bond procedure and requirements, § 22-146 et seq.
Sec. 22-411. Complete compliance required.
( a) Generally. Except as specified in subsection (b) of this section, the applicant must comply
with all aspects, including conditions and restrictions, of an approval granted under this article in
order to do everything authorized by that approval.
(b) Exception, subsequent modification. If a specific use or site plan for the subject property
was approved under this article or any quasi judicial process under a previous zoning code, the
applicant is not required to apply for and obtain approval through this article for a subsequent
change in use or site plan unless:
(1) There is a change in use and this chapter establishes different or more rigorous
standards for the new use than for the existing use; or
(2) The director of community development services determines that there will be
substantial changes in the impacts on the neighborhood or the city as a result of the
change.
(Ord. No. 90-43, § 2(145.125), 2-27-90)
N. Cross References
At the beginning of this Article there is a section entitled "Cross Reference(s)". This section lists.
other sections within the FWCC that reference this Article. In addition to the changes noted
above, these cross referenced sections must be amended to reflect the changes proposed to Article
VI. Those sections and proposed changes are included below.
Sec. 8-40. Appeals.
Appeals made from any ruling made under this article may be made to the hearing examiner
appointed by the city. Procedural rules concerning appeals shall be as provided in process III of
chapter 22, Zoning.
(Ord. No. 90-33, § 66, 2-13-90; Ord. No. 92-127, § 4, 2-4-92)
Sec. 18-165. Procedure for review.
The substantial development permit shall be reviewed under the provisions of process III ,
section 22-386 et seq. and the director of community development services shall be the final
approval authority for the permit.
(Ord. No. 90-38, § 1(24.50), 2-27-90)
Sec. 28...85. P. Gee!! M. . h iew.
The short st1bd¡~ ¡sion application shall be pi ocessed under the pI 0 ~ isions of process Ill,
section 22-386 et seq.
(Ord. No. 90-41, § 1(16.170.10),2-27-90)
Sec. 22-126. Appeal.
Any aggrieved person who believes that an order to cease activity has been improperly issued
under this division may appeal issuance of that order. The appeal will be decided upon using the
appeal provision of process III of this chapter. During any such appeal, the order shall remain in
effect.
(Ord. No. 90-43, § 2(175.30(4»,2-27-90)
Cross reference(s)-Process III review procedure, § 22-386 et seq.
Sec. 22-304. Same-Minor modifications.
Subsequent to the adoption of the resolution of intent to rezone, the applicant may apply for
a minor modification to the site plan approved as part of that resolution. The city will use process
III described in sections 22-386 through 22-411 to review and decide upon an application for a
minor modification. The city may approve a minor modification only if it finds that:
Sec. 22-547. Definitions.
The following categories of temporary uses are established:
(a)
Class I temporary uses shall mean temporary uses including seasonal retail sales of
agricultural or horticultural products such as vegetable, fiuit or flower stands;
community festivals, circuses, carnivals, fairs, or similar transient amusement, cultural,
or recreational activities; and fund raising, rummage or other outdoor sales sponsored
by school, churches and other nonprofit organizations. Class I temporary uses shall be
decided under section 22-550; except that the director of community development may
require an application to be decided under sections 22-550 and Process III, section 22-
386 et seq., when it is determined that the degree and scope of potential impacts of the
proposal warrant such review.
Sec. 22-1308. Bulkheads.
(a) A bulkhead may not be located in or along a stream except as established in this section.
(b) A request for a bulkhead in or along the stream will be reviewed and decided upon using
process ill in section 22-386 et seq.
Sec. 22-1309. Culverts.
(a) Culverts are permitted in streams only if approved under this section.
(b) The city will review and decide upon applications under this chapter using process III in
section 22-386 et seq.
Sec. 22-1397. Authority to grant.
(a) If the proposed development or use of or on the subject property requires approval
through process I, TI, or ill, m:..lY any proposed modification will be considered as part of that
process using the criteria of this division.
(b) If subsection (a) of this section does not apply, the director of community development
may grant or require a modification in writing under the provisions of this section. The decision of
the director to require, grant or deny a modification under this division may be appealed using the
appeal procedures of process Ill.
(Ord. No. 90-43, § 2(105. 115(2)(a), (b)), 2-27-90)
Cross reference(s)-Process III review procedure, § 22-386 et seq.~ process HY review
procedure, § 22-431 et seq.~ process HI Icvi~w pIo,,~duIc., § 22-476 ~t s~q.
A TT A CHMENT H
PROCESS IV - HEARING EXAMINER DECISION
ARTICLE vTI. PROCESS IV+REVIEW'" - HEARING EXAMINER'S DECISION
----------
.Cross reference(s)-City council, § 2-26 et seq.; review of administrative appeals under the
environment policy of the city, § 18-51; public notice requirements under the shoreline
management regulations, § 18-164; shoreline variance procedure review requirements, § 18-166;
requirements for drainage review, § 21-87; power and jurisdiction of the hearing examiner, § 22-
84 ~ appeals from the decision of the director of community development shall be processed under
process H Y review requirements, § 22-5; department of community development, § 22-101 et
seq.~ variances to the zoning regulations to be reviewed under process H Y requirements, § 22-
196; roI propo5al5 which require appron:l through pIOGe55 I, n or ill, the 5ite plan Ie\liew Inu5t
m~et thG Ic.qunc.mcnts in this section, § 22-366; appeals of modification requirements in
developments or uses which require approval through process H Y shall be appealed pursuant to
the procedures of process III, § 22-1397; re~i~ of &11 appÜGAlÌon fOI & {,omprehc;n5i~e design
plAn shall be pu.l ~uA11t to PIOC,"SS IT variance to the si¡n code provisions, § 22-1604 1.
----------
Sec. 22-431. Administration.
Various places in this chapter indicate that certain developments, activities or uses are
permitted only if approved using process IY+ This article describes process IY I. Under process
IY-i the hearing examiner will make the initial decision following a public hearing. City council
will decide appeals.
(Ord. No. 90-43, § 2(150.05), 2-27-90; Ord. No. 92-133, § 3(150.05), 4-21-92)
Sec. 22-432. Proposals requiring approval through process.
If the development, use or activity that requires approval through process n m:lII is part of a
proposal that also requires approval through process IY H, the entire proposal will be decided
upon using process IY H, if the director of community development services determines that this
will result in more efficient decision making. Only that aspect of the proposal which reQuires
process IV will be subject to process IV review
(Ord. No. 90-43, § 2(150.10), 2-27-90; Ord. No. 92-133, § 3(150.10), 4-21-92)
Sec. 22-433. Applications.
(a) Who may apply. Any person may, personally or through an agent, apply for a decision
regarding property he or she owns.
(b) How to apply. The applicant shall file the following information with the department of
community development services:
(1) A completed application, with supporting affidavits, on forms provided by the
department of community development services.
(2) Two sets (three if compliance with the State Environmental Policy Act is required) of is-
stamped envelopes with address labels obtained from the county, within the prior six
months, containing the names and addresses of the persons receiving the property tax
statements for the subject property and a:H o"tlpallts of properties within 300 feet of
each boundary of the subject property.
(3) Stamped etlvdopes with addl,sslAbels marked "residc.nt" ,ontaining the Addl'!S'! of
all property on or adjaCetlt to th~ snbjeGt pIoperty.
(41) A copy of the county assessor's map identifying the properties specified in subsections
(b)(2) and (b)(3) of this section.
(5) A vicinity It1Ap !howin& the subject plOput] and a:H proput] within 400 ~et of each
boundary of the sabjeGt property.
(~) Any information or material that is specified in the provision of this chapter that
describes the applied-for decision.
(7.5.) Any additional information or material that the director of community development
services determines is reasonably necessary for a decision on the matter.
(c) Fee. With the application, the applicant shall submit the fee established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(Ord. No. 90-43, § 2(150.15), 2-27-90~ Ord. No. 92-133, § 3(150.15), 4-21-92)
Sec. 22-434. 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 decision of the hearing examiner.
(6) If the decision of the hearing examiner is appealed, the following will be included in the
file:
a.
The letter of appeal.
b.
c.
d.
e.
All written comments submitted regarding the appeal.
The staff report on the appeal.
The electronic sound recording and minutes of the hearing on the appeal.
The decision of the city council on the appeal.
(7) Any other infonnation 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. 90-43, § 2(150.25), 2-27-90; Ord. No. 92-133, § 3(150.25), 4-21-92)
Sec. 22-435. Notice.
(a) Contents. The director of community development services shall prepare a notice of each
application containing the following infonnation:
(1) Notice of Application
a.
~h.
ffl~
~il
The name of the applicant and, ifapplicable, the project name. The date of
~plication, date of the notice of completion for the t\Pplication, and the date of the
notice of a.øplication.
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 official newspaper of the city, the notice must also include a vicinity map
that identifies the subject property.
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 ~plication.
A brief verbal description of the requested decision and a list of the project
permits included in the a.pplication and, if a.pplicable, a list of any studies
reQJ.lested under RCW 36 70A 440.
(5) The. date, litne and plaGe of the publiG heating.
~~
fflt:
A statement of the availability of the official file.
A statement of the right of any person to submit written comments to ~
staff or the hearing examiner and to appear at the public hearing of the
hearing examiner to give comments orally.
(8) A stAtement that om} p~rsons \'4110 sdbmit wriUe.ll or oral GOI1'm1Gnts to the he.a1Ïng
exAtnmer ma, appc.al the hearing GxanttnGr's dedsioll.
(2) Notice of Public Hearing
In addition to the information !ij)ecified in items (1)(A) throu¡II (1)(0 above the notice
of public hearing shall include the following:
i..
Date, time and place of the public hearing.
12.
A statement of the right of any person to submit written comments to the hearing
examiner and to çpear at the public hearing of the hearing examiner to iÌve
comments orally and the right to reQJ.lest a copy of the decision once made.
k..
A statement that only persons who submit written or oral comments to the hearing
examiner may appeal the hearing examiner's decision.
(b) Distribution. The director of community development services shall distribute this ~
notices at l~ut 14 calendar da,s b~fore the pabliG hc.Alhl& as follows:
(1) Notice of Application Within 14 calendar days of issuing the letter of col1\PletenesSr
the director of communi~ development services shall distribute the notice of
çplication as follows:
i..
A copy of the notice of application will be published in the official newspçer of
the ci~:
At least three copies of the notice of application will con!ij)icuousty posted on or
near the suQject property Of these. at least one will be posted on or adjacent to
eve¡y public ri¡IIt-or-way providing prima¡y vehicular access to any property that
abuts the subject property:
A copy of the notice will be posted on each of the official notification boards of the
city and public libraries within the ci~.
12.
k..
(2) Notice of public hearing The director of communi~ development services shall
distribute the notice of public hearing at least 14 calendar days before the hearing as
follows:
a.
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;
A copy wiH be sent to the resident of each piece. of property on or adjacent to th<.
sabjeGt pc OP'1 ty,
A copy will be published in the official newspaper of the city;
A copy will be posted on each of the official notification boards of the city and
public libraries within the ci~..
b.
c.
d
( 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 the subject property. The director of
community development services may require the placement of additional public notice signs on
or near the subject property ifhe or she determines that this is appropriate to provide notice to the
public.
(d) Timing for signs. The public notification sign or signs must be in place At I~ASt IDthin 14
calendar days of issuing the letter of completeness before the public hem illA and removed within
seven calendar days after the final decision of the city on the matter.
(Ord. No. 90-43, § 2(150.30), 2-27-90; Ord. No. 92-133, § 3(150.30), 4-21-92)
Sec. 22-436. Compliance with the 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 regulations and
city ordinances issued under the authority of the State Environmental Policy Act.
(Ord. No. 90-43, § 2(150.20), 2-27-90; Ord. No. 92-133, § 3(150.20), 4-21-92)
Sec. 22-437. CommuniQ' desip luidelines.
(a.) Applicability. All commercial. office. and industrial development applications are subject
to the requirements of Article XIX. Communi~ Desi¡n Guidelines. Applications for remodeling
and expansion of an existing developments shall meet only those provisions of this article that are
determined by the director of communi~ development services to be reasonably related and
~plicable to the area of eJq)ansion or remodeling
(b) Director 's decision. Within ten working days after the deadline for submitting
comments and after considering all of the infonnation and comments submitted on the ~plication,.
the director of communi~ development services shall issue a written decision.
(c) Decisional criteria. The director of communi~ development services shall use the
criteria listed in the provision of this chapter describing the requested decision in deciding upon
the application In addition, the director of community development services m&y ~prove the
application only if:
ill It is consistent with the site desiiß standards set forth for all zoning districts in section
22-1634:
(2) It is consistent with ~plicable supplemental ¡uidelines set forth in section 22-1638;
æ For development &pplications for remodeling or eJq)ansion of an existing development,
it is consistent with those provisions of Article XIX. Communi~ Desi¡n Guidelines,
identified by the director of communi~ development services as being ~plicable;
œ The development proposal serves to itI\Prove the ¡enerallWpearance of the zone in
which it is located and furthers the ¡oal of providing pedestrian circulatiol'\, public
amenities and open ~ace:
ill The development proposal provides a creative buildin¡ and site desiiIl resultin¡ in a
Quality development pursuant to the cotI\Prehensive plan.
(d) 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 necessa¡y to eliminate or minimize any undesirable effects of ¡ranting the çplication
Any conditions and restrictions that are included become part of the decision
(~ Contents. The director of community development services shall include the followin¡ in
the written decision:
ill A statement ¡ranting. modifying and ¡ranting or del\YÌn¡ the IWplication
£2) Any conditions and restrictions that are itI\Posed.
ill A statement of facts presented to the director of community development services that
support the decision. including any conditions and restrictions that are itI\Posed.
œ A statement of the director's conclusions based on those facts
ill A statement of the criteria used by the director of community development services in
making the decision.
£2J The date of the decision
ro A summaty of the ri¡hts, as established in this articl~, of the çplicant and others to
çpeal the decision and/or conditions of the director of community development
servIces.
(f) Distribution q,fwritten decision: The written decision of the director of community
development services is issued it shall be distributed as follows:
ill A copy will be mailed to the çplicant.
£2) A copy will be mailed to each person who submitted written comments or information
to the director of community development services.
ill A copy will be mailed to any person who has ~ecifically reQJ1ested it.
£¡) ~flect Q.f the decision. The çplicant m&y not eng&ge in any activity based on the
decision until the third workin¡ day after the time to &ppeal has e~ired If the decision is
~ppealed the ç,plicant may not engage in any activity based on the decision until the third
~e ci1Y issues a filW..decision on tþe matter. Ift~ecision of.jhe director of
communi~ development services is not IWpealed that decision is the final decision of the ci~
(h) Appeals.
OJ Who may IWpeal. The decision and/or conditions of the director of communi~
development services related to the communi~ desiiJl ¡uidelines may be IWpealed by
any person who is to receive a copy of that decision under section 22-437(0.
(2) How and when to IWpeal The IWpeal. in the form of a letter of IWpeal, must be
~ to the department of communi1Y development services within 14 calendar
days after issuance of the decision of the director of communi~ development services
The letter of ~peal must contain:
A..
h..
A clear reference to the matter beini IWpealed; and
A statement of the specific factual findin~s and conclusions of the director of
communi~ development services disputed by the person filini the ~peal
OJ Fees. The person filini the IWpeal shall include, with the letter of IWpeal, the fee as
established by the ci~. The appeal will not be accepted unless it is accoß\Panied by the
required fee.
œ Jurisdiction Appeals for the decision of the director of communi~ development
services will be heard by the hearini examiner
ill Appeal hearina timina An IWpeal of a decision of the director of communi~
development services will be heard on the same date as the public hearina for the
application beina processed pursuant to this section.
£Q) Notice of appeal hearina The notice of the appeal hearin¡ shall be included in the
notice of public hearini for the ~plication beini processed pursuant to this section.
The notice of IWpeal hearini shall include'
&..
iL.
~
The file number and a brief description of the matter beini appealed;
A statement of the scope of the ~peal includini a summary of the specific factual
findinis and conclusions disputed in the letter of ~peal'
The date. time and place of the public hearin¡ on the IWpeal:
A statement of who may participate in the IWpeal: and
A statement of how to participate in the IWpeal.
A..
12..
f.1) The provisions of sections 22-399 throuKh 22-406 shall apply to ~peals filed under this
section.
Sec. 22-438. Staff report.
(a) Contents. The director of community development services shall prepare a staff report
containing the following information:
(1) All pertinent application materials.
(2) All comments regarding the matter received by the department of community
development services prior to distribution of the staff report.
(3) An analysis of the application under the relevant provisions of this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development services and
the conclusions drawn fÌ'om those facts.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute the staff report as follows:
(1) A copy will be sent to the hearing examiner.
(2) A copy will be sent to the applicant.
(3) A copy will be sent to any person who has specifically requested it.
(Ord. No. 90-43, § 2(150.35), 2-27-90; Ord. No. 92-133, § 3(150.35), 4-21-92)
Sec. 22-43& !. Public hearing.
(a) Generally. The hearing examiner shall hold a public hearing on each application.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(Ord. No. 90-43, § 2(150.40), 2-27-90; Ord. No. 92-133, § 3(150.40), 4-21-92)
Sec. 22-4~ -59 . Electronic sound recording.
The hearing examiner shall make a complete electronic sound recording of each public
hearing.
(Ord. No. 90-43, § 2(150.45), 2-27-90; Ord. No. 92-133, § 3(150.45), 4-21-92)
Sec. 22-441-&. Burden of proof.
The applicant has the responsibility of convincing the hearing examiner that, under the
provision of this article, the applicant is entitled to the requested decision.
(Ord. No. 90-43, § 2(150.50), 2-27-90; Ord. No. 92-133, § 3(150.50), 4-21-92)
Sec. 22-441 t. 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. 90-43, § 2(150.55), 2-27-90; Ord. No. 92-133, § 3(150.55), 4-21-92)
Sec. 22-44~. Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear
all of the public comments on the matter or if the hearing examiner determines that he or she
needs more information on the matter. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the
hearing room, no further notice of that hearing need be given.
(Ord. No. 90-43, § 2(150.60), 2-27-90; Ord. No. 92-133, § 3(150.60), 4-21-92)
Sec. 22-44~ 3. Hearing examiner's decision.
(a) General. After considering all of the information and comments submitted on the matter,
the hearing examiner shall issue a written decision.
(b) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must
issue the decision within ten working days after the close of the public hearing.
(c) Decision criteria. The hearing examiner shall use the criteria listed in the provision of
this chapter describing the requested decision in deciding upon the application. In addition, the
hearing examiner may approve the application only if:
(1) It is consistent with the comprehensive plan;
(2) It is consistent with all applicable provisions of this chapter and all other ~plicable law;
and
(3) It is consistent with the public health, safety and welfare;
œ The proposal is coordinated as is reasonable and ~propriate. with other known or
anticipated development on private properties in the area and with known or
anticipated riiht-of-w~ and other public improvement prQjects within the area;
ill The proposal embodies ¡ood desi~ principles that will result in hi¡h QJlality
development on the subject property;
(Q) A detennination of whether the streets and utilities in the area of the subject property
are adeQuate to serve the anticipated demand from the proposal; and
ffi The proposed access to the suQject property is detennined to be at the optimal location
and confi¡uration for access
(d) Conditions and restrictions. The hearing examiner shall include in the written decision
any conditions and restrictions that the examiner detennines are reasonably necessary to eliminate
or minimize any undesirable effects of granting the application. Any conditions and restrictions
that are imposed become part of the decision.
( e) Contents. The hearing examiner shall include the following in the examiner's 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 him or her that support the decision, including any
conditions and restrictions that are imposed.
(4) A statement of the hearing examiner's conclusions based on those facts.
(5) A statement of the criteria used by the hearing examiner in making the decision.
(6) The date of issuance of the decision and a summary of the rights, as established in this
article, of the applicant and others to request reconsideration and to appeal the decision
of the hearing examiner.
(f) Distribution of written decision. Within two working days after the hearing examiner's
written decision is issued, the director of community development services shall distribute the
decision as follows:
(1) A copy will be sent to the applicant.
(2) A copy will be sent to each person who submitted written or oral testimony to the
hearing examiner.
(3) A copy will be sent to any person who has specifically requested it.
(Ord. No. 90-43, § 2(150.65), 2-27-90; Ord. No. 92-133, § 3(150.65), 4-21-92)
Sec. 22-445 -t. Effect of the decision.
The applicant may not engage in any activity based on the decision until the third working
day after the time to appeal has expired. If the decision is appealed or if A I eque5t fOl
I GeonsidGration is granted, the applicant may not engage in any activity based on the decision until
the third working day after the city issues a final decision on the matter. If the decision of the
hearing examiner is not appealed or Ieeons~d\;;led, that decision is the final decision of the city.
(Ord. No. 90-43, § 2(150.70), 2-27-90; Ord. No. 92-133, § 3(150.70), 4-21-92)
Sec. 22-445. R~qaest rO! . econside! 4t;0...
(A) GllJllal. Årrj pGrson ~hö hAS A right tö Appeal A decision under sec.tion22-446 Irmy
request the hearing exAminer tö leeonsider Al1oY Aspect5 of his 01 her decision b, dcli~eritl& A
~ritten IGquest £OJ reconsideration to the dcpA1 tnlent of community development within se\len
calendA1 dåyS Aft"r the date ofissual1ce of the heAIÍn& e;u:¡nmel's decision. The puson requcstihg
the recoIlsidelAtion shallspecÌf} in the. request ~hat Aspect of the decision he or slle ~ishes to
h4\1(. IeGOIlSider~d and the r<:a5011 fen th~ Jeqnest.
(b) D~hibatiolJ qfl'eqtil;Jt. The person lequesting leGonsiduAtion shaH, v4ithiIl the same. time
limits estAblished in subSeGtÍoIl (A) 0[t111s section, mail or pcJS()naHy deliver A GOP} of the request
for reGo11sideiation along ~ith A notiGe of the deadline £01 rtSponding to the request for
recollsidelAtion as estAblished in subsection (:) of this sc.ctÍon to thöse pcJSOüs ~ho M.\1e A dght to
Appc.al undel sec.tion 22-446. Ploof of such mail or personal delivc.ry shall be made b) affidAvit
Attached to the request ful reconsideration deliÇlcled to the department of conmmmt)'
de~elöpment.
(c) Rupml3t to uqaest. Any person receiving A COP} of the rGqt1est Í<h rGGon5idelAtÏon
PUf5dAllt to subsection (b) oftbis seGtioJl JllA'j file A wIitten Jespoftse to the lequest. Such
response nlust be r~c~ived by the dcpA1tmènt of community developntent ~ithin sev~n calendar
days After the ~l¡tten request fur reGonsideIðtion ~as filed with the. depA1tnlent. An, person fiting
A re5po11se shaH distribute that rc.sponSG and fil~ An affiduit of distribution AS GstAblished in
subsection (b) of this section.
(d) Decision to l'eco¡uide1. "llithin tell dðjs Aft'J th~ "^,phation ofth~ leconsidelatÍon p~riod,
if A request for reconsidelAtiön hAS been titnel} filed, the hemÏll& eXAIlnn"l shaH notify the pelSom
~bo ha~e A right to Appeal uhdel section 2~-446 ~heth~r or not the decision ~iH be reconsidered.
The heAIill~ e'<AIlliner Ill!'}' reconsider the decision om, if he 01 site cohcludes that thele 15
substAntial 11lGrit in the. lequest.
(,,) Efftct. Ifth~ IteA1inA e"Amiaef grants A reqûest to recoftsidel any aspect ofthc. deGÍ5iöIl,
the dty m!'}' not pro,e.ss any appeals oftlle decision unt11 the. hearing e¡(an1Ïner issues his 01 her
~ritten decision on the rGGonsidered Aspect.
(1) J.""IOCt.ß. Ifthc he.AIÎnA examine! Ieconside.rs any aspccts of the decision, the p!ovisions of
sections 22-4)6 th10l1gh 22-444 ~ill be followed, except that the heaJÏng exan1ÏlIel n1é!} linnt the
reconsidel Ation by.
(1) Limitins the pGrsons \\'ho ma-y patticipate ill the. r"consideration to those person~ ~ho
have a right to appeal the decision under section 22 116. If this OGGurs, oniy SUGh
persons wiH be gi~en notice under section 22-436,
(2) Limitin& th~ aspeGt oCthe deGision that ~iH be leGollsidered, andlor
(3) Lin1Ïting the nah:ue of the reGoßsideration by om, receiving written COlmnents atld by
not holding a l~~ publiG hearing.
AIry limitations 'Will be inclnded in the notiGe given under seGtion 22-436.
(Ord. No. 90-43, § 2(150.75), 2-27-90; Ord. No. 92-133, § 3(150.75), 4-21-92)
Sec. 22-446. Appeals.
(a) Who may appeal. The decision of the hearing examiner may be appealed by any person
who is to receive a copy of that decision under section 22-443.
(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 the issuance
of the hearing examiner's decision 01, if a request fur I eGonsidet ation is tiled, then within 14
e.alcndrü days of either the dec.ision oCthe heating exarninci d('ll)'ing thc request for
rGcollsideration or the reGonsideled decision, as the e.aG may be. provided that the appea11etter
must be delivered to the d~artment of community develQpment services within 21 caJendar
days of the postmarked date of the decision if state or local roles adopted pursuant to SEP A
allow for public comment on a declaration of non-sie-nificance issued on the proposed
development activity. 01, if èl l'Cquest fO1 Ieconside:ration 1s flied, thCll within 14 cakndm daJs
of cither tit" ded!Ïoll of the duectof denying the. Iequest fOI Iec.ollsideration or the
IeconSldeled dec.1sion, M the cue. n1ê1J be. The letter of appeal must contain:
(1) A clear reference to the matter being appealed; and
(2) A statement of the specific factual findings and conclusions of the hearing examiner
disputed by the person filing the appeal.
(c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee
established by the city.
(1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the
cost of preparing the written transcript of the hearing examiner hearing, at the cost of
$16.00 per hour.
(2) In lieu of payment of the transcript preparation costs, the appellant may choose to
prepare the transcript ftom tapes of the hearing provided by the city, at appellant's sole
cost. The prepared transcript shall be submitted to the city hearing examiner secretary
for distribution no later than 20 days prior to the date of the hearing on appeal, and
shall be accompanied by an affidavit or certification by the appellant as to the accuracy
and completeness of the transcript.
(3) The appeal will not be accepted unless it is accompanied by the required fee and
appropriate costs.
(4) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially
prevailed on appeal and that decision shall be final. The transcript refund shall be
limited to actual costs of transcript preparation as follows:
a.
City staff preparation. Hourly cost of preparation.
b.
Appellant preparation from tapes. Actual costs as shown by certified receipt or
other evidence sufficient to the city.
(d) &qaeóJt to I uOIl3ide, not, eqtlÏ1 eft The d~G¡sion of the h~at ins eAAtnÏne:r mAY be
Appealed whethc.r 01 not tllCí(. Wð.S ð. request to r~cons¡dcr the. beatÏllß c.Xatninel's d~cision.
( e) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city
council.
(Ord. No. 90-43, § 2(150.80), 2~27~90; Ord. No. 92~133, § 3(150.80), 4~21~92)
Sec. 22-447. Notice of the appeal hearing.
(a) Contents. The director of community development services shall prepare a notice of the
appeal containing the following:
(1) The file number and a brief description of the matter being appealed.
(2) A statement of the scope of the appeal, including a summary of the specific factual
findings and conclusions disputed in the letter of appeal.
(3) The date, time and place of the city council 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 ten calendar days before the hearing on the appeal, the director of
community development shall send a copy of this notice to each person entitled to appeal the
decision under section 22-446.
(Ord. No. 90-43, § 2(150.85), 2-27-90; Ord. No. 92~133, § 3(150.85), 4-21-92)
Sec. 22-448. Participation in the appeal.
Only those persons entitled to appeal the decision under section 22-446 may participate in
either or both of the following ways:
(1) By submitting written comments to the department of community development prior to
the hearing or to the city council at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral
comments directly to the city council. The council may reasonably limit the extent of
the oral comments to facilitate the orderly and timely conduct of the hearing.
(Ord. No. 90-43, § 2(150.90), 2-27-90; Ord. No. 92-133, § 3, 4-21-92)
Sec. 22-449. Scope of the appeal.
The scope of the appeal is limited to the specific factual findings and conclusions disputed in
the letter of appeal. The appeal will be considered only on the record developed in the hearing
before the hearing examiner and the city council will not consider new factual information.
(Ord. No. 90-43, § 2(150.95), 2-27-90; Ord. No. 92-133, § 2, 4-21-92)
Sec. 22-450. Staff report on the appeal.
(a) Contents. The director of community development shall prepare documents on the appeal
containing the following:
(1) The staff report prepared for the public hearing before the hearing examiner.
(2) The written decision of the hearing examiner.
(3) All written comments submitted to the hearing examiner.
(4) A summary of the comments and information presented to the hearing examiner, a
statement of the availability of the electronic sound recording of the hearing, and a
written transcript of the hearing examiners proceedings.
(5) The letter of appeal.
(6) All written comments received by the department of community development from
persons entitled to participate in the appeal and within the scope of the appeal.
(7) An analysis of the specific factual findings and conclusions disputed in the letter of
appeal.
(b) Distribution. The director of community development shall distribute copies of the
documents as follows:
(1) Prior to the hearing, a copy will be sent to each member of the city council.
(2) At least seven calendar days before the hearing, a copy will be sent to:
a.
The applicant;
b.
The person who filed the appeal; and
c.
Each person who received a copy of the hearing examiners decision.
(Ord. No. 90-43, § 2(150.100), 2-27-90; Ord. No. 92-133, § 3(150.100), 4-21-92)
Sec. 22-451. I" ublk bu. ;'11 Closed Record Appeal.
(a) Generally. The city council shall hold a ptibliG healing closed record çpeal hearin¡ on
the appeal.
(b) Open to public. The hearings of the city council are open to the public.
(Ord. No. 90-43, § 2(150.105),2-27-90; Ord. No. 92-133, § 3(150.105), 4-21-92)
Sec. 22-452. Electronic sound recordings.
The city council shall make a complete electronic sound recording of each hearing.
(Ord. No. 90-43, § 2(150.110),2-27-90; Ord. No. 92-133, § 3(150.110), 4-21-92)
Sec. 22-453. Burden of proof.
The person filing the appeal has the responsibility of convincing the city council that the
hearing examiner made an incorrect decision because of erroneous findings of fact or conclusions.
(Ord. No. 90-43, § 2(150.115), 2-27-90; Ord. No. 92-133, § 3(150.115), 4-21-92)
Sec. 22-454. Continuation of the hearing.
The city council may continue the hearing if, for any reason, it is unable to hear all of the
public comments on the appeal or if the city council determines that it needs more information
within the scope of the appeal. If, during the hearing, the time and place of the next public hearing
on the matter is announced and a notice thereofis posted on the door of the hearing room, no
further notice of that hearing need be given.
(Ord. No. 90-43, § 2(150.120), 2-27-90; Ord. No. 92-133, § 3(150.120), 4-21-92)
Sec. 22-455. Decision on the appeal.
After considering ail GOJmilemS ~ithin the scope ofthð appðalsubmiu,d b) persons Gntitlðd
to partidpatð in the appeal the matter on the record before the hearini examiner, ~ city council
shall, by motion approved by a majority vote of members present, take one of the following
actions:
(1) If city council determines that the disputed findings of fact and conclusions are the
correct findings of fact and conclusions, the council shall affirm the decision.
(2) If city council determines that the disputed findings offact and conclusions are not
correct and that correct findings of fact and conclusions do not support the decision of
the hearing examiner, the council shall modify or reverse the decision.
(3) In all otltet cases, the co\1Jlcil shall eithe! dnea the heA1inß e'XatUttlc.r to hold a u:l~min!
on the matter or dedde to hold a city Gouncil healÏft8 on the matter. The motion ntay
limit the scope ofthð mattets to be considered at this reheminß or GÏtJ counGiI hearinß.
The. provisions of sections 22-436 through 22-446 appl) to A rehearing or dtJ council
hc.atit1& \1ndet this subsection, except if city Gouncil holds a hGarin& on the matter.
A.
It may either giant or deny the pelluit or approval O!tt, by n1Otion appIoved by a
majoIit'y onts total membership. This motiOll!eplaGes the vYJiUðn decision
~qUiIGd in section 22-443.
b.
Thð dGdsion of GÏt)' council is tl~ final decision ofthG GÌtj.
(4) Notice offimd decision:
a.
General. Following the final decision of the city council, the director of community
development services shall prepare a notice of the city's final decision on the
application.
b.
Distribution. 'N1thin two working dAYS a After the city council's decision is made,
the director of community development services shall distribute the notice of the
decision as follows:
1.
A copy will be sent to the applicant.
2.
A copy will be sent to the person who filed the appeal.
3.
A copy will be sent to any person who submitted written or oral comments
to the city council.
(5) Effect. The decision of city council is the final decision of the city.
(Ord. No. 90-43, § 2(150.125), 2-27-90; Ord. No. 92-133, § 3(150.125), 4-21-92)
Sec. 22-456. Judicial review.
The action of the city in granting or denying an application under this article may be reviewed
for illegal, GOlItlpt or atbitraty Of capfiGiotiS action in pursuant to the standards set forth in RCW
36C.70C.130 in the Kin¡ county superior court. The p~tltion for Ievievv land use petition must be
filed within +4 21 calendar days after the final land use decision of the city.
(Ord. No. 90-43, § 2(150.130), 2-27-90; Ord. No. 92-133, § 3(150.130), 4-21-92)
See. 22-457. Lapse of approval-GeneraUy.
The applicant must begin construction or submit to the city a complete building permit
application for the development activity, use of land or other actions approved under this article
within one year after the final decision on the matter, or the decision becomes void. The applicant
must substantially complete construction for the development activity, use of land, or other
actions approved under this article and complete the applicable conditions listed in the decision
within five years after the final decision of the city on the matter, or the decision becomes void. If
litigation is initiated pursuant to section 22-456, the time limit of this section are automatically
extended by the length of time between the commencement and final termination of that litigation.
If the development activity, use of land, or other actions approved under this article includes
phased construction, the time limits of this section may be extended in the decision on the
application.
(Ord. No. 90-43, § 2(150.135(1», 2-27-90; Ord. No. 92-133, § 3(150.135(1», 4-21-92)
Sec. 22-458. Same-Time extension.
(a) Application. Prior to the lapse of approval under section 22-457, the applicants 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 time
limits of up to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress
on the development activity, use of land or other actions approved under this article and that
circumstances beyond the applicant's control prevent compliance with the time limits of section
22-457.
(c) Fee. The applicant shall include, with the letter of request, the fee as established by the
city. The application will not be accepted unless it is accompanied by the required fee.
(d) Review process. An application for a time extension will be reviewed and decided upon
by the director of community development services.
( e) Appeals. Any person who is 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 the decision on the time extension effects 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 process IY-f, described in this article. Any time limit, pursuant to
RCW 36.70Br upon the ci~'s processin& and decision QJ)On applications under this chapter
m~ r except as otherwise $pecifica11y stated in this chapter, be modified by a written
~reement between the appliacnt and the director of communi~ develQpment services.
(Ord. No. 90-43, § 2(150.135(2», 2-27-90; Ord. No. 92-133, § 3(150.135(2», 4-21-92)
Sec. 22-459. Bonds.
The hearing examiner and city council may require a bond under section 22-146 to insure
compliance with any aspect of a pennit or approval.
(Ord. No. 90-43, § 2(150.140), 2-27-90; Ord. No. 92-133, § 3(150.140), 4-21-92) .
Cross reference(s)-Bond procedure, § 22-146 et seq.
Sec. 22-460. Complete compliance required.
(a) Generally. Except as specified in subsection (b) of this section, the applicant must comply
with all aspects, including conditions and restrictions, of an approval granted under this article in
order to do everything authorized by that approval.
(b) Exception; subsequent modification. If a specific use or site plan for the subject property
was approved under this article or any quasi judicial process under a previous zoning code, the
applicant is not required to apply for and obtain approval through this article for a subsequent
change in use or site plan unless:
(1) There is a change in use and this chapter establishes different or more rigorous
standards for the new use than for the existing use; or
(2) The director of community development services detennines that there will be
substantial changes in the impacts on the neighborhood or the city as a result of the
change.
(Ord. No. 90-43, § 2(150.145), 2-27-90); Ord. No. 92-133, § 3(150.145), 4-21-92)
IV. Cross References
At the beginning of this Article there is a section entitled "Cross reference(s). This section lists
other sections within the FWCC that reference this Article. In addition to the changes noted
above, these cross referenced sections must be amended to reflect the changes to Article vIT.
Those sections and changes are included below.
Sec. 18-51. Administrative appeals.
(a) Any interested party may appeal to the hearing examiner a threshold determination, or the
adequacy of a final environmental impact statement and conditioning or denial of an action except
as provided in subsection (b) below. The appeal shall be conducted under the provisions of
process IY+. section 22-431 et seq., provided that the notice distribution requirements of section
22-436(b) shall be replaced with the notice distribution requirements of section 18-49(a)--(t).
Sec. 18-164. Application and public notice.
An application for a substantial development permit shall be made to the department of
community development on forms prescribed by the department. Upon submittal of a complete
application, and required fees, the department shall instruct the applicant to publish notices of the
application at least once a week on the same day of the week for two consecutive weeks in a
newspaper of general circulation within the city. The applicant shall also provide additional public
notice as prescribed in process IY-I, section 22-431 et seq.
Sec. 18-166. Shoreline variance.
(b) When a variance is requested, the substantial development permit and the variance shall
be reviewed under the provisions of process IY-I, section 22-431 et seq., and the hearing
examiner shall be the final approval authority.
Sec. 21-87. Same-Enumeration.
The following permits and approvals will be required to have a drainage review if the project
involves the planned actions listed in section 21-86:
(1) Commercial building;
(2) Conditional use;
(3) Formal subdivision (plat);
(4) Grading;
(5) Land surface modification;
(6) Site plan revie~,
ffl£2) Processes I, IT, ill, IY ;
(8}(Z) Master plan development;
(9}00 Planned unit development;
~ Residential building;
tHJ!lQ)
ft%Xill
tffl(l2)
~
~)(H)
Mill)
tt71(l2)
Right-of-way use;
Shoreline substantial development;
Administrative subdivision (short plat);
Special use;
Unclassified use;
Zoning reclassification; and/or
Zoning variance.
Sec. 22-5. Same-Appeals.
( c) All appeals of interpretations of this chapter will be reviewed and decided upon using
process IY-i.
Sec. 22-196. Procedure generally.
The city will use process IY+sections 22-431 through 22-460 to review and decide upon an
application for a variance.
Sec. 22-1397. Authority to grant.
(a) If the proposed development or use of or on the subject property requires approval
through process I, TI, m or my, any proposed modification will be considered as part of that
process using the criteria of this division.
(b) If subsection (a) of this section does not apply, the director of community development
may grant or require a modification in writing under the provisions of this section. The decision of
the director to require, grant or deny a modification under this division may be appealed using the
appeal procedures of process W.
See. 22-1603. Variance from sign code.
B. Required review process. The city will review and decide upon applications for a variance
to any of the provisions of this article using Process IY f-, Article vn of this Code.
A TT A CHMENT I
PROCESS V - QUASI-JUDICIAL REZONE PROCESS
ARTICLE
. PROCESS V REVIEW - OUASI-JUDICIAL REZONES.
----------
--Cross reference(s>-- Ci~ council, § 2-26 et seQ ; hearing examiner, § 2-81 et see¡;
requirements for drain&ge review. § 21-87; power and jurisdiction of the hearing examiner, § 22-
84: Q}lasi judicial rezoning of certain districts to be under the process V review reQ}lirements, §
22-256 et seQ.
----------
Sec. 22-XXI. Administration.
Various places in this ch&pter indicate that certain developments. activities or uses are
permitted only if çproved using process V This article describes process V. Under process V,
the hearing examiner will hold a public hearing and based on the record of that hearing make a
recommendation to city council, who will then decide upon the application.
Sec. 22-XX2. 1:ypes of rezones.
(A) There are two types of Quasi judicial rezones as follows:
OJ N°1'lPrqject-related A QJlasi-judicial rezone will be treated as nonprQject-related if:
.L
The proposed rezone is initiated by the ci~ and the suQject property is not owned
by the ci~: or
h..
The proposed rezone is £Tom one single family residential zone classification to
another single famity residential zone classification.
(2) PrQject related. A QJ1asi judicial rezone will be treated as prQject-related when it does
not meet the reQJ1irements of subsection (a)( 1) of this section. All prQject related
rezones require a specific development proposal for the suQject property.
Sec. 22-XX3. Applications.
(&) Who mqy qpp~v. Any person m&y-, personally or through an agent çpty for a decision
regarding property he or she owns.
(b) How to qpp~v. The çplicant shall file the following information with the d~artment of
community development services:
ill A completed çplication, with supporting affidavits, on forms provided by the
d~artment of community development services.
æ Stamped envelope labeled with the name and address of all current owners of real
property as shown in the records of the county assessor for the subject property within
300 feet of each boundary of the subject property
ill A copy of the county assessor's map identifyi~ the properties specified in subsection
(b)(2) of this section.
ill A vicinity mlij) showin¡ the suQject property with enou~h information to locate the
property within the lar,¡er area.
œ AI\}' information or material that is ~ecified in the provision of this chapter that
describes the ~plied-for decision.
(Q) AI\}' additional information or material that the director of community development
services determines is reasonabty necessaty for a decision on the matter.
(cù Fee. With the lij)plicatioq, the ~pplicant shall submit the fee established by the city. The
~plication will not be accepted unless it is acconwanied by the required fee and meets the
reQJ1irements of Section 22-388 relatin¡ to what constitutes a conwlet~ ap.plication
Sec. 22-XX4. Compliance with State Environmental Policy Act.
The State Environmental Policy Act lij)plies to some of the decisions that will be made usin¡
this article. The director of community development services shall evaluate each 1Wplication and,
where applicable, compty with the St~te Environmental Policy Act and with state reilliations and
city ordinances issued under the authority of the State Environmental Policy Act.
Sec. 22-XX5. Official file.
(~) Contents. The director of community development services shall conwile an official file
on the ~pplication containing the following:
ill All ~plication materials submitted by the lij)plicant.
æ The staff report.
ill All written comments received on the matter.
ill The electronic recordin~ of the public hearin~ on the matter
ill The recommendation of the hearin~ examiner.
œ The electronic sound recordin¡ and minutes of the city council proceedin¡s on the
matter
ill The decision of city council.
00 Any other information relevant to the matter.
O:ù Availability. The official file is a public record. It is available for in~ection and copyin¡
in the d~artment of community development services durin~ reilliar business hours.
Sec. 22-XX6. Notice.
(a) Contents. The director of communi\)' development services shall prepare a notice of each
aw»ication containina tWúQllowina information:
ill The name of the ~plicant and, if applicable, the prQject name.
.(2) The street address of the subject propeny or" if this is not available. a locational
description in nonleial lanilla¡e Exc~t for notice published in the official newsp&¡>er
of the ci~r the notice must also include a vicini~ m~ that identifies the subject
propeny.
Q.) The citation of the provision of this ch~pter describin¡ the ~plied-for decision.
œ A brief verbal description of the reQJ.1ested decision
æ The dat~. time and place of the public hearin¡
.(Q) A statement of the availabili~ of the official file
ro A statement of the riiht of any person to submit written comments to the hearin¡
examiner and to çpear at the public hearing of the hearing examiner to iÌve comments
~
ill A statement that only persons who submit written or oral comments to the hearing
examiner may challenge the recommendation of the hearing examiner.
(b) Distribution. The director of cQmmuni~ development services shall distribute this notice
at least 14 calendar days before the public hearin¡ as follows:
ill A copy will be sent to the persons receiving the property tax statements for all propeny
within 300 feet of each boundary of the subject property.
æ A CQPY will be published in the official newsp~er of the ci~.
æ A copy will be posted on each of the official notification boards of the ci~.
(c) Public notification sign. The applicant shall erect at least one public notification sian
which coIT\Plies with standards developed by the department of communi~ development services.
This siiJl shall be located on or near the subject propeny facin¡ the riiht-of-wa,y or vehicle access
easement or tract providing direct vehicle access to the subject property The director of
communi~ development services may require the placement of additional public notice StillS on
or near the subject property ifhe or she determines that this is ~propriate to provide notice to the
public.
Cd) Timirœ. The public notification siiJ1 or siiJ1s must be in place at least ten (10) calendar
d~ys before the public hearini and removed within seven calendar d~ys after the final decision of
the city on the matter.
Sec. 22-XX7. StafTreport.
C~ Contents. The director of community development services shall prepare a staff reJ)ort
containini the followini information:
ill All pertinent application materials
(2) All comments re¡arding the matter received by the deJ)artment of community
development services prior to distribution of the staffreJ)ort
ill An analysis of the ~plication under the relevant provisions of this chapter and the
coIllPrehensive plan
œ A statement of the facts found by the director of community development services and
the conclusions drawn from those facts.
ill A recommendation on the matter.
(b) Distribution. At least seven (7) calendar days before the hearin&r the director of
community development services shall distribute the staff reJ)ort as follows'
ill A copy will be sent to the hearini examiner.
(2) A copy will be sent to the applicant
ill A copy will be sent to each person who has specifically reQJ1ested it.
Sec. 22-XX8. Open Record bearin&.
(~ General. The hearin¡ examiner shall hold an open record hearini on each IU>plication
(.b.) O.¡,en to public. The hearings of the hearin¡ examiner are open to the public
( c.) ~lJect. The hearin¡ of the hearing examiner is the hearin¡ for city council on the
IU>plication.
Sec. 22-XX9. Electronic sound recordin&.
The hearin¡ examiner shall make a complete electronic sound recordini of each public
hearini.
Sec. 22-XIO. Burden of proof.
The ~plicant has the re~ponsibilitY of convincin¡ the ci~ that. under the provision of this
article, the ~plicant is entitled to the requested decision.
Sec. 22-Xll. Public comments and participation at the hearin&.
Any person may participate in the public heanns in either or both of the followin¡ ways:
ill By submittins written comments to the hearins examiner. either by deliverin¡ these
comments to the de.partment of communi~ development services prior to the hearin¡
or by ¡ivins these directty to the hearins examiner at the hearins
!Z) By appearin¡ in person. or throu¡h a representative, at the hearln¡ and makin¡ oral
comments directly to the hearin¡ examiner The hearin¡ examiner m~ reasonabty limit
the extent of oral comments to facilitate the orderty and timely conduct of the hearin¡.
Sec. 22-X12. Continuation of the hearin&.
The hearin¡ examiner may continue the hearin¡ it for 81\Y reason, he or she is unable to hear
all of the public comments on the matter or if the hearin¡ examiner determines that he or she
needs more information on the matter. If. durin¡ the hearin¡. the hearin¡ examiner announces the
time and place of the next hearins on the matter and a notice thereof is posted on the door of the
hearin¡ room. no further notice of that hearin¡ need be ¡iven.
Sec. 22-X13. Recommendation by the hearine examiner.
(a) General{v. After considerin¡ all of the infonnation and comments submitted on the
matter, the hearin¡ examiner shall issue a written recommendation to the ci~ council.
(b) TiminK. Unless a tonier period is aiTeed to by the applicant, the hearin¡ examiner must
issue the recommendation within ten (10) workin¡ days after the close of the public hearin¡.
«(() Decisional criteria. The hearin¡ examiner shall use the followiI\S criteria for Quasi
judicial rezones'
ill The ci~ may approve an application for a Quasi-iudicial noQprQject rezone onty if it
finds that:
A..
The proposed rezone is in the best interest of the residents of the ci~' and
~
The proposed rezone is appropriate because either:
i.
Conditions in the immediate vicini~ of the suQject property have so
si¡nificantty chan¡ed since the property was iPven its present zonin¡ and
that. under those chan¡ed conditions. a rezone is within the public interest;
QI:
The rezone will correct a zone classification or zone boundaty that was
inappropriate when established.
lh
æ The ci~ may ~prove an application for a Quasi-judicial project related rezone only if it
finds that.
a..
h..
&..
The criteria in subsection 1 above are met: and
The proposed project complies with this ch~ter in all re~ects; and
The site plan of the proposed project is desianed to minimize all adverse impacts
on the developed properties in the immediate vicinity of the subject property: and
The site plan is desianed to minimize ilI\Pacts upon the public services and utilities
~
(cO Conditions and restrictions. The hearini examiner shall include in the written
recommendation any conditions and restrictions that the examiner determines are reasonably
necessaty to eliminate or minimize any undesirable effects of arantini the reQJlested rezone
(e) Contents. The hearini examiner shall include the followil\i in the written recommendation
to city council:
ill A statement of facts presented to the hearin¡ examiner that supports his or her
recommendation. includini any conditions and restrictions that are recommended.
æ A statement of the hearini examiner's conclusions based on those facts.
ill A statement of the criteria used by the hearin¡ examiner in makin¡ the
recommendation.
@ The date of issuance of the recommendation
(f) Distribution of written recommendation. The director of community develo.pment services
shall distribute copies of the recommendation of the hearini examiner as follows:
ill After the hearil\¡ examiner's written recommendation is issued, a copy will be sent to
the 2Wplicant to each person who submitted written or oral testimony to the hearina
examiner and to each person who ~ecifically requested it.
æ Prior to the meetil\g where ci~ council considers the ~plicatioI\,. a copy will be sent to
each member of ci~ council. The director of communi~ development services shall
include a draft resolution or ordinance that embodies the hearin¡ examiner's
recommendation with the copy of the recommendation sent to each ci~ council
member.
Sec. 22-X14. CiQr council action.
(IÙ Generally. The city council shall consider the application at a scheduled meetini within
90 calendar d&ys of the date of issuance of the hearini examiner's recommendation. This time
period may be extended upon written asreement of the director of communi~ development
services and the I\Pplicant.
(þ) SUJ!Plemental distri bunon. The director of communi~ development services shall
promptly send to each ci~ council member any other relevant infonnation not previously
distributed to council members.
«<) City council decision. After consideration of the entire matter on the record before the
hearina examiner, the ci~ council shall, by action approved by a maiori~ of the total membership,
take one of the following actions:
ill PrQject related rezone - The ci~ council has the option to adopt a resolution of intent
to rezone to either'
I..
Grant the ~plication as proposed:
~
Modify and ifant the application; or
~
Deny the application
£2) If the ci~ council ~proves a QJJasi-iudicial nonprQject rezone it will ¡pve the effect to
this decision by adopting an ordinance amending the zonina m~ of the ci1;y.
ΠIf the ci~ council concludes based on the challenge to the recommendation or to its
own review of the recommendation. that the record compiled by the Hearing Examiner
is incomplete or inadequate for the Ci~ Council to make a decision on the ~plication.
the Ci1;y Council m~ by motion remand the matter to the Hearing Examiner with the
direction to reopen the hearing and provide supplementaty findings and conclusions on
the matter or matters specified in the motion Any remand under this section shall
constitute a general circumstance under RCW 36.70B 140
(d) Decisional criteria. The ci1;y council shall use the criteria listed in the provision of this
ch~ter describing the requested decision in decidil\i upon the req.uested rezone. In addition the
ci~ council m~y ~prove the ~plication only if:
ill It is consistent with the comprehensive plan;
£2) It is consistent with all ~plicable provisions of the chapter, including those adopted by
reference fTom the comprehensive plan: and
ΠIt is consistent with the public health. safe~ and welfare
(~ Condition and restriction. The ci1;y council shall include in the ordinance or resolution
¡ranting the rezone any conditions and restrictions it determines are necessaty to eliminate or
minimize any undesirable effects of ¡ranting the rezone. Any conditions and restrictions that are
ilI\Posed become part of the decision.
(f) Findinzs Qf fact and conclusion. The ci~ council shall include in the ordinance or
resolution:
. an conditions and
the decision. includIng y
fthe facts that support
OJ A statement 0 . d' and
restrictions that are 1I1\Pose .
. b ed on those facts.
. CHiS conclusIOns as .
ill The ~ COUn .. h final d,¡;¡ajon of the C1\y.
. . fci~ councIl IS t e
(¡) FJfect. The decIsIon 0
. f fmal dmaiDO. f 1111Í1)!
S 22-X15. Nonce 0 - . . 1 the director !Loom.'"
- ec. - b the CIJx CODOC! . b plicatIon
. the final decision y . I final decision on t e ç .
(IÙ General. ~UOWl11ll D: are a notice or me C1\YS .
evelo men! servtC~S shill P P ., the director of commumly
d P . cow:u;j 's deciSIon '.5 made. fina1 decision... follows
0» Distribution. After t~e ~~~e a copy of the notIce of the
rvices shall dlstn_u
development se
the anplicant. h
'Ubes<:ntto r entstot e
ill A copy WI mitted writtCJ III oral comm
erson who sub-
11 be sent to any p
æ A copy WI_- .
h . nil exammer. t d it
ean , ¡¡¡cally reQ 1es e .
h erson who has spec
11 be sent to eac p
A copy WI_- -
æ
~-X16. Effect ofllpprovaL . . . effect to this decision by:
See. , , dicial rezone. It will ¡tv!:
. l Uast-JU . .
If the city COU 1ci1 app.oves - ". ye effect to this d",ision I1y adQpbl1ll
The city councIl WIll it '.
W Prqject related rezone. moh will œm11 ÎJl the folloWln&. d
' f' t nt to rezon~ YL , hie codes an
œsWIIIIW> 0 10 e r t DUlY. sol1j¡:g II! ~ca lotion oriment to
l' t The ~pp Ican. oft .~ WIth the reso
'fD t on the qpp lcan '. eltt In co onm .
ill J¡, ~c develop the su~ect prop o[that reS<>lutmn
ordmance., roved as part .
rezone and the - plan ow ment of the suQject prqperty In of
. t col1\Pletes develop . Ian ~pproved as part
oct on the ctÓ'. Tfthelll'?lt~intont to rezone and l1li: Slte:n an ordinan¡; :. that
(2) IW< '\y with the resolution, 0 iii ct to the rezon~ by ad~ & çproved m the
confornu, ciIX shall IVe L.e , to the mum¡¡ map
that resolutIOn, the or classificatIon change
ale the zone boundary
m ca zone hi d
reso1llliQO gfintentto re --,' " b sed on the dlðålÎon unû\ ~e t~-XI6,
a e in any actlVl~ . a. . °buted under sectIOn
to, Tht: applicant mil)' not ~ & of the final dea¡¡pn IS dtstn .
...... , after the nonce "oct rezone It
worlåna dI\Y asi-judigal nol1 )TQ h 'ty
1 Ilroves a QJl . all oft e CI .
¡fthe ci~ councl ~ endini the zomni m
n.. \ Nonprqie~t rez~~e b adoptini an ordInance am
~ ffi ct to this decIsIon y
willlPve e e
Sec. 22-X17. Modifications.
«()Minor modifications. SubseQJlent to the adoption of the resolution of intent to rezone. the
applicant may i\Pp)y for a minor modification to the site plan approved as part of that resolution.
The ci~ will use process ill described in sections 22-386 throu¡h 22-411 to review and decide
upon an i\Pplication for a minor modification The ci~ may approve a minor modification only if it
finds that:
ill The chanae will not result in reducina the landsci\Ped area buffer areas or the amount
of open space on the prQject;
!2) The chan¡e will not result in increasin¡ the residential densi~ or ifoSS floor area of the
project:
OJ The chanae will not result in any structure or vehicular circulation or parking area
beina moved more than ten feet in any direction and will not reduce any reQJIired yard;
œ The chanae will not result in any increase in height of any structure:
æ The change will not result in a change in the location of any access point to the project;
AWl
(Q) The change will not increase any adverse impacts or undesirable effects of the project
and that the change in no way si¡nificant\y alters the project.
Cross reference(s)-Process ill review procedure requirements. § 22-311 et seQ
Sec. 22-X18. Same-MQ,jor modifications.
¡fthe i\Pplicant seeks a modification to the approved site plan that does not meet all of the
reQJIirements of section 22-X18 the applicant may do so by submitting the aPplication material
reQJIired for a new QJIasi-judicial project related rezone The ci~ will process and decide upon this
application as if it were an application for a new QJIasi- judicial prQject related rezone.
Sec. 22-X19. Judicial review.
The action of the ci~ in ¡ranting or denying an application under this article may be reviewed
pursuant to the standards set forth in RCW 36.70C.130 in the Kina coun'Y superior court. The
land use petition shall be filed within 21 calendar days after the tinalland use decision of the ci~.
Sec. 22-X21. Lapse of approval.
The i\Pplicant must begin construction or submit to the ci~ a complete building permit
application for the development activi~r use ofland or other actions approved under this article
within one year after the final decision on the matter. or the decision becomes void. provided, the
ci~ council may. in the resolution of intent to rezone, extend the time limits contained herein. The
applicant must substantial\y complete construction for the development activi~, use ofland or
other actions ~pproved under this article and complete the a.pplicable conditions listed in the
decision within five years after the final decision of the ci~ on the matter, or the decision becomes
void. If liti¡ation is initiated pursuant to this article, the time limits of this section are
automatical1y extended by the leniìh of time between the commencement and final termination of
that litiaation. ¡fthe development activi~. use of land or other action a.pproved under this article
includes phased construction. the time limits of this subsection may be extended in the decision on
the application
Sec. 22-X22. Time extension.
(a) ARPlication. Prior to the la.pse of a.pproval for a project related rezone under section 22-
X21. the a.pplicants may submit a written application in the form of a letter with sQPportin¡
documentation to the d~artment of community development services reQuestin¡ a one-time
extension of those time limits of up to one year
(Þ) Criteria. The reQuest must demonstrate that the a.pplicant is makin¡ substantial pro¡ress
on the development activity,," use ofland or other actions a.pproved under this article and that
circumstances beyond the applicant's control prevent compliance with the time limits of section
22-X21.
(c) Fee. The a.pplicant shall include, with the letter of reQuest. the fee as established by the
city The a.pplication will not be accepted unless it is accompanied by the reQuired fee.
(d) Review process. An a.pplication for a time extension will be reviewed and decided upon
by the director of community development services.
(~) Appeals. Any person who is aaaneved by the ¡rantin¡ or denyin¡ of a reQuest for a time
extension under this section may appeal that decision The appellant must file a letter of a.ppeal
indicatin¡ how the decision on the time extension effects the appellant's property and presentin¡
al\Y relevant material or information s1ij)portina the appellant's contention The a.ppeal will be
heard and decided upon usin¡ process IV described in section 22-476 et seQ. Any time limit,
pursuant to RCW 36.70B, upon the city's processin¡ and decision 1lpOn applications under this
chapter m~, ex~t as otherwise wecificaUy stated in this chapter, be modified by a written
~¡reement between the applicant and the director of community development services.
Cross reference($)-Process IV review procedures, § 22-476 et seQ.
Sec. 22-X23. Bonds.
The city may reQuire a bond under section 22-146 et seQ. to ensure compliance with a11Y
aspect of the permit or a.pproval
Cross reference(s)-Bond reQuirements § 22-146 et seQ.
Sec. 22-X24. Complete compliance required.
(a) General. Exce.pt as specified in subsection (b) of this section, the a~plicant must comply
MtIull aspects, includini conditions and restrictions, of an é\Pproval granted under this artic~
order to do ever:ythiJ\i authorized by that approval.
(b) Exc~ption. subsequent modification. If a &¡>ecific use or site plan for the suQject propeI1Y
was approved under this article or any Quasi-judicial process under a previous zoning code, the
applicant is not reQJlired to ~p1y for and obtain ~proval throuih this article for a subseQJlent
cha.I\ie in a use or site plan unless:
ill There is a chan¡e in use and this ch&pter establishes different or more n¡orous
standards for the new use than for the existina use' or
(2) The director of community development services determines that there will be
substantial chanies in the impacts on the neiihborhood or the city as a result of the
chan¡e.
A TT A CHMENT J
PROCESS VI - LEGISLATIVE AMENDMENTS
ARTICLE IX. PROCESS IV YI REVIEW'"
----------
"'Cross reference(s)-Requirements for drainage review, § 21-87; power and jurisdiction of
the planning commission, § 22-59; amendments to the zoning regulations to be processed under
the process f¥ YI procedure, § 22-216; amendments to the comprehensive plan to be processed
through process f¥ YI review procedures, § 22-236; comprehensive plan, § 22-236 et seq.;
legislative rezoning, § 22-276 et seq.; amendments, § 22-216 et seq.; legislative rezoning of
certain districts to be under process f¥ Yl review, § 22-276.
----------
Sec. 22-516. Purpose.
Various places in this chapter indicate that certain proposals to amend the zoning map
throu¡h a leiÌslative rezone, amend the text of this chapter, and or amend the comprehensive plan
must be reviewed and decided upon using process W Yl. This article describes process W Yl.
(Ord. No. 90-43, § 2(160.05), 2-27-90; Ord. No. 91-112, § 1(160.05), 12-3-91)
Sec. 22-517. Initiation of proposals.
A proposal that will be reviewed using this article may be initiated by the city council, council
committee -:-or planning commission:-, or any interested persol\ includini ~plicants, citizens,
hearin¡ examiners, and staff of other aiencies.
(Ord. No. 90-43, § 2(160.10), 2-27-90; Ord. No. 91-112, § 1(160.10), 12-3-91)
Cross reference(s)-City council, § 2-26 et seq.; planning commission, § 22-56 et seq.
Sec. 22-518. 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 proposal and,
where applicable, comply with the State Environmental Policy Act and with state regulations and
city ordinances issued under authority of the State Environmental Policy Act.
(Ord. No. 90-43, § 2(160.15), 2-27-90; Ord. No. 91-112, § 1(160.15), 12-3-91)
Sec. 22-519. City council review.
The city council, at its sole OptiOh, mA, determine the priorit} ranking of all ameddments
initlAied pursuant to this artic.1e shall review all reQJlests initiated pursuant to this article as part of
the annual update of the city's comprehensive plan. The city council may request that the
department of community development services or any other department of the city provide any
information or material on the proposal (s), consistent with section 22-524 ill.
(Ord. No. 90-43, § 2(160.20), 2-27-90; Ord. No. 91-112, § 1(160.20), 12-3-91)
Cross reference(s)-City council, § 2-26.
Sec. 22-520. Le&islative Rezones.
A leßislative rezone is a rezone that meets the followin¡ criteria'
A..
It is initiated by the ci~; and
12.
It includes a lar¡e number of properties which would be similarty affected by the
proposed rezone.
All other rezones not meeting the above criteria are treated as QJlasüudicial rezones and are
reviewed and decided upon using process V.
(Ord No. 90-43, § 2(130.10), 2-27-90)
Sec. 22-521. Criteria for approvine a Leeislative Rezone.
The ci~ m&y decide to &pprove a leßislative rezone only if it finds that:
ill The proposal is consistent with the coltlPrehensive plaI\;
(2) The proposal bears a substantial relation to public health safe~ or welfare; and
œ The proposal is in the best interest of the residents of the ci~.
(Ord No 90-43, § 2(130.2Q) 2-27-90)
Sec. 22-522. Map Chanee.
If the ci~ ~proves a leßislative rezone it willßive effect to this decision by makin¡ the
necessaty amendment to the zonin¡ m&¡) of the ci~.
(Ord. No 90-43 § 2(130.25) 2-27-90)
Section 22-523. Zonin& Text Amendment Criteria.
The ci~ m&y amend the text of this ch&¡)ter only if it finds that:
ill The proposed amendment is consistent with the &¡)plicable provisions of the
coltlPrehensive plan:
(2) The proposed amendment bears a substantial relation to public healtb, safe~ or welfare;
and
ill The proposed amendment is in the best interest of the residents of the ci~.
(Ord. No 90-43. § 2(135.15) 2-27-90)
Sec. 22-524. Factors to be considered in a Comprehensive Plan Amendment.
The city may consider but is not limited to, the followin¡ factors when considerina a
proposed amendment to the comprehensive plan:
ill The effect upon the physical environment.
æ The effect on open space, streams and lakes
OJ The compatibility with and impact on adjacent land uses and surroundini
neiihborhoods.
œ The adequacy of and impact on community facilities includiI\i utilities. roads, public
transportation. parks, recreation and schools.
æ The benefit to the neiihborhood, city and reaion.
(Q) The Quantity and location ofland planned for the proposed land use type and density
and the demand for such land
ill The current and projected population density in the area
00 The effect upon other aspects of the comprehensive plan
(Ord. No. 90-43 § 2(140.15). 2-27-90)
Sec. 22-525. Criteria for amendinl the comprehensive plan.
The city may amend the comprehensive plan only if it finds that:
W The proposed amendment bears a substantial relationship to public health.. safety, or
welfare; and
.(2) The proposed amendment is in the best interest of the residents of the ci~
(Ord. No 90-43. § 2(140.20) 2-27-90)
Sec. 22-526. Responsibility to review the comprehensive plan.
The city shall review the comprehensive plan to determine if any chanies are desirable no
more than once a year. Under emergency conditions. the city may also review or amend the
comprehensive plan at aI\Y other time.
(Ord. No 90-43, § 2(140.25), 2-27-90)
Sec. 22-5i6 ID. Official file.
(a) Contents. The director of community development services shall compile an official file
containing all information and materials relevant to the proposal and to the city's consideration of
the proposal.
(b) Availability. The official file is a public record. It is available for inspection and copying
in the department of community development during regular business hours.
(Ord. No. 90-43, § 2(160.25), 2-27-90; Ord. No. 91-112, § 1(160.25), 12-3-91)
Sec. 22-5* 5n. Notice.
Notice provisions under this section shall be followed for both the public hearin¡ durin¡ which all
requests for chaJ\¡es to the zonin¡ mlij). zonin¡ text, and the comprehensive plan are prioritized,
as well as the public hearin¡ held on individual requests
(a) Contents. The director of community development services shall prepare a notice of each
proposal, for which a public hearing will be held, containing the following information:
(1) The citation, if any, of the provision that would be changed by the proposal, along with
a brief description of that provision.
(2) A statement of how the proposal would change the affected provision.
(3) A statement of what areas, zones or locations will be directly affected or changed by
the proposal.
(4) The date, time and place of the public hearing.
(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 planning
commission and to appear at the public hearing of the planning commission to give
comments orally.
(b) Distribution. The director of community development services shall distribute this notice
at least 14 calendar days before the public hearing as follows:
(1) A copy of the notice will be published in the official newspaper of the city.
(2) A copy of the notice will be posted on each of the official notification boards of the
city.
(Ord. No. 90-43, § 2(160.30), 2-27-90; Ord. No. 91-112, § 1(160.30), 12-3-91)
Sec. 22-5* .522. Staff report.
( a) Genera/. The director of community development services shall prepare a staff report
containing:
(1) An analysis of the proposal and a recommendation on the proposal; and
(2) Any other information the director of community development services determines is
necessary for consideration of the proposal, consistent with section 22-524.
(b) Distribution. The director of community development services shall distribute the staff
report as follows:
(1) A copy will be sent to each member of the planning commission prior to the hearing.
(2) A copy will be sent promptly to any person requesting it.
(Ord. No. 90-43, § 2(160.30), 2-27-90; Ord. No. 91-112, § 1(160.30), 12-3-91)
Sec. 22-SS ~. Public hearing.
(a) General/y. The planning commission shall hold public hearings on each proposal,
consistent with section 22-524 ill.
(b) Open to public. The hearings of the planning commission are open to the public.
( c) Effect. The hearing of the planning commission is the hearing for city council. City
council need not hold another hearing on the proposal.
(Ord. No. 90-43, § 2(160.40), 2-27-90; Ord. No. 91-112, § 1(160.40), 12-3-91)
Sec. 22-5ist ID. Material to be considered.
(a) General/y. Except as specified in subsections (b) and (c) of this section, the planning.
commission and city council may consider any pertinent information or materials in reviewing and
deciding upon a proposal under this article.
(b) Exclusion. Except as specified in subsection ( c) of this section, the city may not consider
a specific site plan or project in reviewing and deciding upon a proposal under this process.
( c) Exception for environment information. If a proposal that will be decided upon using this
article is part of a specific project, the city may consider all information submitted under section
22-518 in deciding upon that proposal.
(Ord. No. 90-43, § 2(160.45), 2-27-90; Ord. No. 91-112, § 1(160.45), 12-3-91)
Sec. 22-95 sJ1. Electronic sound recordings.
The planning commission shall make a complete electronic sound recording of each public
hearing.
(Ord. No. 90-43, § 2(160.50), 2-27-90; Ord. No. 91-112, § 1(160.50), 12-3-91)
Sec. 22-516 m. Public comment and participation at the hearing.
Any interested person may participate in the public hearing in either or both of the following
ways:
(1) By submitting written comments to the planning commission either by delivering these
comments to the department of community development services prior to the hearing
or by giving them directly to the planning commission at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral
comments. The planning commission may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(Ord. No. 90-43, § 2(160.55),2-27-90; Ord. No. 91-112, § 1(160.55), 12-3-91)
Sec. 22-97 ~. Continuation of the hearing.
The planning commission may, for any reason, continue the hearing on the proposal. If,
during the hearing, the planning commission announces the time and place of the next public
hearing on the proposål and a notice thereof is posted on the door of the hearing room, no further
notice of that hearing need be given.
(Ord. No. 90-43, § 2(160.60), 2-27-90; Ord. No. 91-112, § 1(160.60), 12-3-91)
Sec. 22-S!8 ~. Planning commission-Recommendation.
(a) Generally. Following the public hearing, the planning commission shall consider the
proposal in light of the decisional criteria in section 22-526lli and take one of the following
actions:
(1) If the planning commission determines that the proposal should be adopted, it may, by a
majority vote of the entire membership, recommend that city council adopt the
proposal.
(2) If the planning commission determines that the proposal should not be adopted, it may,
by a majority vote of the members present, recommend that city council not adopt the
proposal.
(3) If the planning commission is unable to take either of the actions specified in subsection
(a)(I) or (a)(2) of this section, the proposal will be sent to city council with the
notation that the planning commission makes no recommendation.
(b) Modification of proposal. The planning commission may modify the proposal in any way
and to any degree prior to recommending the proposal to city council for adoption. If the planning
commission fundamentally modifies the proposal, the planning commission shall hold a new public
hearing on the proposal as modified prior to recommending the proposal to city council for
action.
(Ord. No. 90-43, § 2(160.65), 2-27-90; Ord. No. 91-112, § 1(160.65), 12-3-91)
Sec. 22-99 5ä. Same-Report to city council.
(a) Generally. The director of community development services shall prepare a planning
commission report on the proposal containing a copy of the proposal, along with any explanatory
information, and the planning commission recommendation, if any, on the proposal.
(b) Transmittal to city council. The director of community development services shall
transmit the planning commission report to the city manager for consideration by city council.
(c) Distribution. The director of community development services shall promptly send a copy
of the planning commission report to any person requesting it.
(Ord. No. 90-43, § 2(160.70), 2-27-90; Ord. No. 91-112, § 1(160.70), 12-3-91)
Sec. 22-53& 5ll. City council action.
( a) General. Within 60 days of receipt of the planning commission report by the city
manager, the city council shall consider the proposal along with a draft ordinance or resolution,
prepared by the city attorney, appropriate to enact or adopt the proposal.
(b) Decisional criteria. In deciding upon the proposal, the city council shall use the
decisional criteria listed in the provisions of this chapter describing the proposal.
( c) City council action. After consideration of the planning commission report and, at its
discretion, holding its own public hearing on the proposal, the city council shall by majority vote
of its total membership:
(I) Approve the proposal by adopting an appropriate resolution or ordinance;
(2) Modify and approve the proposal by adopting an appropriate resolution or ordinance;
(3) Disapprove the proposal; or
(4) Refer the proposal back to the planning commission for further proceedings. If this
occurs, the city council shall specify the time within which the planning commission
shall report back to the city council on the proposal.
(Ord. No. 90-43, § 2(160.75),2-27-90; Ord. No. 91-112, § 1(160.75), 12-3-91)
Sees. 22-5* m-22-545. Reserved.
A TT A CHMENT K
SUBDIVISION CODE
Chapter 20 SUBDIVISIONS*
----------
.Cross reference(s)-Ordinances dedicating or accepting any plat or subdivision in the city
are not codified in this code but are on file in the city clerk's office, §1-9(12); a right-of-way
access permit will not be issued for an illegal subdivision, §13-33; mitigation of development
impact, §19-41 et seq.; requirements for drainage review, §21-87; maintenance of subdivision
retention or detention facility requirements, §21-116; in every case where the city requires an
applicant to provide a public walkway, public use area, or other area, facility or structure that is
open to the public under the zoning regulations, the applicant may execute an easement or similar
document in a form approved by the city attorney, §22-10; building site requirements, §22-953;
calculating lot coverage requirements in the district regulations, §22-955; land modification
restrictions and requirements, §22-1091 et seq.; site distance requirements at intersections, §22-
1151 et seq.; site design requirements for environmentally sensitive areas, §22-1266 et seq.
State law reference(s)-Subdivisions, RCW 58.17.010 et seq.; binding site plan, RCW
58.17.035.
----------
Article I. In General
Sec. 20-1. Definitions.
Sec. 20-2. Purpose.
Sec 20-3. Exemptions
Sec. 20~. Interpretation; conflict.
Sec. 20-2. Violations, enforcement and penalties.
Sec. 20-6. Vertical Datum
Sees. 20-1--20-20. Reserved.
Article n. Plats
Division 1. Generally
Sec. 20-21. Preapplication conference.
Sees. 20-22--20-40. Reserved.
Division 2. Boundary Line Adjustments
Sec. 20-41. Scope.
Sec. 20-42. Review process.
Sec. 20-43. Applications.
Sec. 20-44. Recordation.
SeGs. 20-45--20-60. R~s(.l vod.
Division 3 Lot Line Eliminations
Sec. 20-45. Scope.
Sec. 20-46. Review process.
Sec 20-47. Applications.
Sec 20-48 Drawini requirements
Sec. 20-49. Recordation
Secs. 20-50--20-60 Reserved.
Division ~. Binding Site Plans
Sec. 20-61. Subdivisions requiring binding site plan.
Sec. 20-62. Application.
Sec. 20-63. Plan review.
Sec. 20-64. Recordation.
Sec. 20-65. Identification of other restrictions.
Secs. 20-66--20-80. Reserved.
Division 2. Short Subdivision Plats
Sec. 20-81. Application and review process.
Sec. 20-82. Preapplication conference.
Sec. 20-83. Content and form of application.
Sec. 20-84. Acceptance of application; routing.
Sec 20-85 Time limitation for l\Pproval or dis~proval of plats.
See 20-86. Compliance with State Environmental Policy Act
Sec. 20-tt5~. Process for review.
Sec. 20-88. Official file.
Sec. 20-89. Notice.
See 20-90 Burden of proof
See 20-91 Written comments
See 20-92 Director's decision.
Sec. 20-93 Appeals.
Sec. 20-94. Notice of appeal hearing.
Sec. 20-95. Participation in the appeal.
See 20-96. Scope of the appeal
See 20-97 Staff re.port on appeal
See 20-98 Public hearing on appeal
Sec. 20-99. Electronic sound recordings.
Sec. 20-100. Burden of proof
Sec. 20-101. Continuation of the hearing.
Sec. 20-102 Decision on appeal.
See 20-103. Judicial review.
S~G 28-86. See 20-104. Departmental action.
See 20-105. Effect; duration i\Pproval.
See 20-106. Same Time extension
Sec. 20-107. Improvements: completion or illarantee.
SC;G. 20-87. Sec 20-108. Recording of short plat.
SC;G5. 20-88 --20-105. ReseIved.
Division 5 Q. Preliminary Plat
Sec. 20-109. General procedure.
Sec. 20-110. Content and form of application.
Sec. 20-111. Conformance with zoning codt., zoning maps ~plicable codes and standards.
Sec. 20-112. Acceptance of application; routing.
Sec. 20-113. Time limitation for approval or dis~proval of plats.
Sec. 20..110. Sec 20-114 Completion of environmental policy process.
See 20-111. Sec 20-115 Process for review.., notice of pdblic hearin~.
Sec. 22-116 Official file.
Sec 20-117. Notice of application.
Sec 20-118. Notice of public hearil'\g.
Sec. 20..112. Sec 20-119. Report to hearing examiner; review.
Sec 20-120. Public hearin¡.
Sec. 20-121. Electronic sound recordil'\¡.
Sec. 20-122. Burden of proof
Sec. 20-123. Public comments and participation at the hearin¡
Sec 20-124 Continuation of the hearil'\¡.
Sec. 20-125. Recommendation by the hearing examiner.
Sec. 20-113. Sec. 20-126. City council review, action.
Sec 20-127. Notice of decision on final plat ~plication
Sec. 20-128. Effect of decision.
Sec. 20-129. Judicial review.
See. 20-114. Sec 20-130. Effect; duration approval.
Sees. 20..155--28..130. Rt.sGned.
Division 6.1.. Final Plat
Sec. 20-131. Submission.
Sec. 20-132. Contents.
Sec. 20-133 Time limitation for &pproval or disapproval of plats
Sec. 20-1)). Sec. 20-134. Improvements; completion or guarantee.
Sec.. 20-134. Sec 20-135 Approval and filing.
Sec. 20-136. Appeal of decision on final plat.
SCG5. 20-135 Secs. 20-137 --20-139. Reserved.
Division T~. Alterations of Plats
Sec. 20-140. Plat alteration distinguished ftom boundary line adjustment.
Sec. 20-141. Alteration application.
Sec. 20-142. Acceptance of application, routing.
Sec. 20-143. Process for review and notice of public hearing.
Sec. 20-144. Report to hearing examiner; review.
Sec. 20-145. City council review, action.
Sec. 20-146. Affect; duration approval.
Sec. 20-147. Final drawings.
Secs. 20-148--20-150. Reserved.
Article m. Design Criteria
Sec. 20-151. Subdivision design.
Sec. 20-152. Lot design.
Sec. 20-153. Density.
Sec. 20-154. Cluster subdivision.
Sec. 20-155. Open space and recreation.
Sec. 20-156. Pedestrian and bicycle access.
Sec. 20-157. View considerations.
Secs. 20-158--20-175. Reserved.
Article IV. Improvements
Sec. 20-176. Improvements required.
Sec. 20-177. Density regulations.
Sec. 20-178. Buffers.
Sec. 20-179. Retention of vegetation.
Sec. 20-180. Streets and rights-of-way.
Sec. 20-181. Water.
Sec. 20-182. Sewage disposal.
Sec. 20-183. Storm drainage.
Sec. 20-184. Other utilities.
Sec. 20-185. Street lighting.
Sec. 20-186. Landscaping protection and enhancement.
Sec. 20-187. Monuments.
Secs. 20-188-20-205. Reserved.
Article V. Public Improvement Assessments
Sec. 20-206. Purpose.
Sec. 20-207. Authorization.
Sec. 20-208. Contents of application.
Sec. 20-209. Notice to property owners.
Sec. 20-210. City council action.
Sec. 20-211. Preliminary assessment reimbursement area, amendments.
Sec. 20-212. Contract execution and recording.
Sec. 20-213. Application fees.
Sec. 20-214. City financing of improvement projects.
ARTICLE I. IN GENERAL
Sec. 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 shall mean a plan drawn to scale processed in accordance with the
provisions of this ch~ter and RCW 58 17 Bindin¡ site plans are divisions of land for sale or lease
for commercial or industrial use.
Dedication shall mean 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 shall mean an administrative department of the city titled the department of
community development services.
Final plat shall mean 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 shall mean the hearing examiner operating pursuant to the powers and
duties set forth by chapter 22, Zoning.
Lot shall mean a parcel ofland having fixed boundaries described by reference to a recorded
plat; a recorded bindini site plan' by metes and bounds; or by section, township, and range; &Wi
be of sufficient area to meet minimum zonini requirements.
Lot line elimination shall mean the removal of interior lot lines of two or more stWarate lots
with conti¡uous ownership
Plat shall mean a m~ or rtWresentation of a subdivision showin¡ the division of a tract or
. parcel ofland into lots, blocks, streets. alleys. or other divisions and dedications
Preliminary plat shall mean 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 ofa subdivision.
Right-of-way shall mean 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 shall mean 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 shall mean the division or redivision of land into four or less lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer includin¡ divisions of land into
lots or tracts which are one-one hundred twentieth of a section of land or lar~er, or five acres or
larier if the land is not capable of description as a traction of a section of land. PROVIDED, that for
puq>oses of computin~ the size of any lot under this section which borders on a street or road, the
lot size shall be expanded to include the area which would be bounded by the center line of the
road or street and the side lot lines of the lot runnin~ peq>endicular to such center lot line.
Subdivider, developer, or platter shall mean any person or authorized representative
undertaking the subdividing or resubdividing of a lot, block, or other parcel of land.
Subdivision shall mean 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 ofland
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 c~able of
description as a traction of a section of land. PROVIDED. that for puq>oses of computing the size
of any lot under this section which borders on a street or road. the lot size shall be expanded to
include the area which would be bounded by the center line of the road or street and the side lot
lines of the lot running peq>endicular to such center lot line.
Tract shall mean a tractional 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.
Zoning restriction shall mean the restrictions contained in chapter 22, Zoning.
(Ord. No. 90-41, §1(16.20), 2-27-90)
Cross reference(s)--Definitions and rules of construction generally, §1-2.
Sec. 20-2. Purpose.
This chapter is adopted in furtherance of the comprehensive plan of the city. It is hereby
declared that the regulations contained in this chapter are necessary to:
(1) Promote the health, safety, and general welfare in accordance with standards
established by the state and the city;
(2) Promote effective use ofland by preventing the overcrowding or scattered development
which would injure health, safety, or the general welfare due to the lack of water
supplies, sanitary sewer, drainage, transportation, or other public services, or excessive
expenditure of public funds for such services;
(3) Avoid congestion and promote safe and convenient travel by the public on streets and
highways through the proper planning and coordination of new streets within
subdivision with existing and planned streets in the surrounding community;
(4) Provide for adequate light and air;
(5) Provide for water, sewage, drainage, parks and recreational areas, sites for schools and
school grounds, and other public requirements;
(6) Provide for proper ingress and egress;
(7) Provide for housing and commercial needs of the community;
(8) Require uniform monumenting ofland divisions and conveyance of accurate legal
descriptions;
(9) Protect environmentally sensitive areas;
(10) Provide for flexibility in site design to accommodate view enhancement and protection,
protection of streams and wetlands, protection of steep slopes, and other environmental
significant or sensitive areas.
(Ord. No. 90-41, §1(16.10.20), 2-27-90)
Sec. 20-3. Exemptions.
The provisions of this ch~ter shall not ~ply to'
ill Cemeteries and other burial plots while used for that pUl:pose;
(2) Divisions made by testamental)' provisions, or the laws of descent;
æ Divisions of land into lots or tracts classified for industrial or commercial use when the
ci~ has ~proved a bindini site plan for the use of the land.
ill Division for the pUl:pose of lease when no residential structure other than mobile homes
or travel trailers are permitted to be placed upon the land when the ci~ has approved a
bindini site plan for the use of the land;
ill Division made for the puq)Ose of alteration by aq;ustini boundary lines between platted
or uf\Platted 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 buildini site;
This shall not apply to "Alterations of plats" as provided for in FWCC, Division 8.
.(Q) 12ivision of lanclin1QJots or tracts if: (a) Sucl.uliYision is a result of subjecting a portion
of a parcel or tract ofland to either ch~pter 64 32 (Jiorizontal ReiÏmes Act) or 64 34
RCW (Condominium Act) subsequent to the recordiQ¡ of a binding site plan for all
such land;
(1) Imisjons of Imli1.itue to condemnation or sale under threat thereo(. by an ~enc.y or
division of government vested with the power of condemnation;
00 Divisions or ac<;(JJisition ofland for public riiht ofw~.
Se.c. Z9--J. Sec. 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, §1(16.450.10, 16.450.20),2-27-90)
Se.c. 28-4. Sec. 20-5. Violations, enforcement and penalties.
(a) Any person, or any agent thereof, who divides land into lots, tracts, or parcels ofland 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
$5,000.00 for each offense. Each such sale, offer for sale, lease, or transfer of each separate lot,
tract, or parcel ofland 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 ofland 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 ~proval is used in a manner or for a
pm:pose which violates any provision of this chapter, any provision of the local subdivision
re¡ulations. or any term or condition of plat approval prescribed for the plat by the local
government. then the prosecuting attorn~ or the attorn~ general if the prosecuting attorn~
shall fail to act, m~ commence an action to restrain and enjoin such use and compel compliance
with the provisions of this chapter or the local re¡ulations or with such terms or conditions The
costs of such action m~ be taxed against the violator.
( c) Ar\y person who violates allY court order or injunction issued pursuant to this ché\¡>ter
shall be subject to a fine of not more than five thousand dollars or imprisonment for not more than
ninety 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 ché\¡>ter or local re¡ulations 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 é\¡>ply to
an innocent purchaser for value without actual notice. All purchasers' or transferees' property
shall comply with provisions of this ché\¡>ter and each purchaser or transferee may recover his or
her damages ITom any persoI\, firm, cor:poration, or agent selling or transferring land in violation
of this ché\¡>ter or local regulations adopted pursuant thereto, including any amount reasonably
spent as a result of inability to obtain any development permit and !ij)ent to conform to the
requirements of this ché\¡>ter as well as cost ofinvesti¡ation, suit and reasonable attorneys' fees
occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property
to these reQJ1irements, rescind the sale, or transfer and recover costs of investi¡ation,. suit and
reasonable attorneys' fees occasioned thereby.
(b ~) The city, through its authorized agents, may 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
compel compliance with the provisions of this chapter, or with such terms or conditions, as
provided by R{;~T 58.17.200 and 58.17.320 in this section. The costs of such action may be taxed
against the violator.
(Ord. No. 90-41, §1(16.460.1O, 16.460.20),2-27-90)
Sec.. 29-5. Use ofI{ing Count, Aelial Sul""~. Sec. 20-6. Vertical Datum.
Where topography is required to be shown, the land survey data must be based on I6ng
County Aelial Suney (KCAS) datunl the National Geodetic Vertical Datum (NGVD-29). lfK.ing
County Aerial Sun<ry control is not available ~ithill a reasonable distance flom the site, a
pel1nanellt mOlttllUult, (KCAS Dra~ift8 No, 29 which is on file. in the citj Glerk's office) ~ith an
assumed ele'\lation of 100.0f), shall be set on the site in a readily assessable location whiGh shall be
indiGatc.d on the plat. NGVD-29 datum information is on file with the City of Federal Way public
works department.
Sees. 20-1-20-20. Resen'ed.
ARTICLE ll. PLA TS*
----------
*Cross reference(s)--Authority to adopt rules and regulations regarding procedures to
assure building regulations are reviewed as part of this process, §5-37.
State law reference(s)--Subdivision plats, RCW ch. 58.17.
----------
DIVISION 1. GENERALLY
Sec. 20-21. Preapplication conference.
For the purpose of expediting applications and reducing subdivision and site plan design and
development costs, a preiWplication conference is reQuired for all preliminary plats. Ithe
developer may request a preapplication conference for short plats and bindin¡ site plans.
PreiWplication conferences are conducted in accordance with the following requirements:
(1) A1 the request of the appliGant, Tthe director or desiiDated 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 ten twen~ workin¡ 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 desiifiated staff member w ¡thin ten
\'VoIkin~ dAys of the final meeting following the preiWplication 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)
Sees. 20-22-20-40. Reserved.
DIVISION 2. BOUNDARY LINE ADJUSTMENTS
Sec. 20-41. Scope.
(a) Boundary line adjustments shall be a minor alteration in the location oflot 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 fÌ"om the boundary line alteration shall be in conformance with the
design standards of this chapter.
(Ord. No. 90-41, § 1(16.200.10),2-27-90)
Sec. 20-42. Review process.
The director of community development services shall administratively approve boundary line
adjustments pursuant to this division. DOUlldat, line adjustments AfG not rGquÏIGd to be þloGesscd
under processes I through IV of the zonÎnA regulations sGGbon22-J86 Cot seq. 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)
Sec. 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:
(I) If applicable under section 22-1221 et seq., regarding environmentally sensitive areas,
completed checklists or other required environmental documentation;
(2) The existing lot lines shown in dashed lines and the area, in square feet, of each of the
lots;
(3) The new lot lines shown in solid lines and the area, in square feet, of each of the new
lots;
(4) The location of all structures on the lots and the distance of each fÌ"om 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)
Sec. 20-44. Recordation.
All approved boundary line adjustments shall be recorded with the county division of records
and elections in the same manner as a short subdivision. Such recorded document shall reference
the recording number of the plat or short plat which is being altered by the boundary line
adjustment.
(Ord. No. 90-41, §1(16.200.30), 2-27-90)
Seu. 26..45--26..66. Resehed.
DIVISION 3 LOT LINE ELIMINATIONS
Sec. 20-45. Scope.
The pur:pose of a lot line elimination is to remove interior lot lines of a parcel comprised of
two or more sq>arate lots with conti~ous ownership.
Sec. 20-46. Review process.
Lot line eliminations are reviewed administratively by the public works department. An
~plication for a lot line elimination is evaluated on the basis of the information provided by the
a.pplicant. No other review process under this chapter shall be reQ)lired for lot line eliminations.
Sec. 20-47. Applications.
Applications for lot line eliminations shall be submitted to the public works department in the
form described below and shall include the followin~ information'
ill Completed general a.pplication form signed by all vested owners A~ent authorization is
reQuired if a.p.plication is not signed by the owner(&). Names, addresse&. and phone
numbers of all vested owners shall be included
æ Lot line elimination &pplication fee p~able to the City of Federal Way.
ill Lot line elimination and restrictive covenant fully executed and notarized by all vested
owners.
ill
CoII\Plete and accurate legal descriptions of the original parcels set forth in the lot line
elimination and restrictive covenant.
ill
Complete and accurate legal description of the revised parcel set forth in the lot line
elimination and restrictive covenant.
(Q) Copy of a title report not more than one year old, or a copy of the deed conveyin~ title
to property owner(s)
ro
Two copies of accurate, scaled drawings of the original and revised parcels meeting the
reQuirements listed below.
See. 20-48. Drawina Requirements.
The drawin¡ sheet shall be 81h"x II" in size drawn at an eJ\iineerin¡ scale of I" r~resents
50' or lar¡er. A lar-ier sheet size m~ be used, ifnecessaI:y, up to a maximum of IS"x 24". The
drawin¡s shall include the followin¡ information:
ill The oriiinal parcel lot lines shall be shown with heavy, solid lines. The location of all
streets and structures shall be shown. The drawin¡ 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 li¡ht, dashed line. The location of all
streets and structures shall be shown. The drawini shall clearly show property
dimensions, distances from all structures to property lines, and the use of all structures.
æ A north arrow, with north oriented to the top of the sheet, shall be shown on each
drawin¡.
Ø) Tax parcel numbers of the parcels bein¡ altered by the lot line elimination shall be
shown.
Sec. 20-49. Recordation.
The city shall record all çproved lot line eliminations with the KiQi County Division of
Records and Elections. A copy of the documents, stamped with the recordin¡ number" shall be
forwarded to the applicant, the file, and the Kin¡ County Department of Assessments for
assessment puq)Oses. All fees for such recordin¡ shall be paid by the ~pplicant prior to recordina.
Sees. 20-50-20-60. Reserved
DMSION 3-~. BINDING SITE PLANS.
----------
*Cross referenee(s)--Site plan review procedure, §22-36I et seq.
State law referenee(s)--Binding site plans, RCW 58.17.035.
----------
Sec. 20-61. Subdivisions requiring binding site plan.
Divisions of ~ land for sale or lease which aI e intended is classified for commercial,
business, office, or industrial development And which Are .lon,d plopelly roI ~I:lch tlS~S shall be
required to obtain an approved binding site plan in accordance with this and other ordinances of
the city.
(Ord. No. 90-41, §1(16.420), 2-27-90)
Sec. 20-62. Application.
(a) Applications for binding site plans shall be submitted in the same content and form as
stipulated for short subdivisions in section 20-81 et seq.
(b) Applications shall be at a scale of no less than one inch eqmds 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 process ill, section 22-476 et sc,q.
short subdivisions in section 20-81 et seQ.
(Ord. No. 90-41, §1(16.430.10--16.430.30), 2-27-90)
C.ou uûkeilce(5)--PrOGc,ss ill revic,~ ICquÍ1C;hlCJliS, § 22-476 c,t scq.
Sec. 20-63. Plan review.
Binding site plans shall be reviewed for conformance with section 20-2, design criteria and
development standards set forth in sections 20-151 through 20-157, and 20-178 through 20-187,
any other applicable ordinances or regulations of the city, and RCW ch. 58.17.
(Ord. No. 90-41, §1(16.430.40), 2-27-90)
Sec. 20-64. 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 RCW ch. 58.09.
(Ord. No. 90-41, §1(16.430.50), 2-27-90)
Sec. 20-65. Identification of other restrictions.
Where the binding site plan is governed or regulated by a specific zoning ordinance, the
number of such ordinance shall appear on the face of the binding site plan. Additionally, the
recording number of any covenants, deeds, or restrictions which affect the property shall be
shown on the face of the binding site plan.
(Ord. No. 90-41, §1(16.430.60), 2-27-90)
Sees. 20-66-20-80. Reserved.
DMSION .. j,. SHORT SUBDMSION PLATS
Sec. 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 service&,
public works department, Federal \VKj \Yater And Sewer 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 short subdivision en¡ineerin¡ plans by public works director.
CD. Substantial completion of required improvements.
(7 ~) Recording of short subdivision in the office of the county division of records and
elections.
(Ord. No. 90-41, §1(16. 130. 10--16. 130.70), 2-27-90)
Sec. 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, §1(16.140.10, 16.140.20),2-27-90)
Sec. 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 £rve ~ prints and one reproducible mylar of the proposed
short subdivision drawn to a scale of one inch eqmds represents 50 feet or larger, and should be
accompanied by the following information:
(I) Proposed name of the plat.
(2) Location by section, township, range, and/or by other legal description.
(3) Name, address, and phone number of developer.
(4) Name, address, and phone number of each property owner.
(5) Name, address, and phone number of registered land surveyor.
(6) Scale of drawing, date, and north point.
(7) Existing topography of the land indicated by contours of two-foot intervals for slopes
less than 20 percent and five-foot intervals for slopes of20 percent or greater.
(8) Location and extent of significant natural features on and immediately adjacent to the
site. Such features shall include, but are not limited to, streams, wetlands, views,
significant trees, and water bodies to the extent that siifiÌficant 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 prior platted streets, railroad or utility
rights-of-way or easements, access easements, slope easements, parks and other public
spaces, and existing permanent structures to be retained within and adjacent to the
proposed short subdivision. Where the property had been previously subdivided, the
original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with
the proposed short subdivision.
(12) Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
(13) Layout of proposed streets, pedestrian walkways, and easements.
(14) Layout, number, and dimensions of proposed lots.
(15) Parcels ofland intended to be dedicated for public use, or reserved for use of owners of
the property in the short subdivision.
(16) Building setback lines.
(17) The location and size of all ditches, culverts, catchbasins, and other parts of the design
for the control of surface water drainage.
(18) Typical roadway sections.
(19) Vicinity map indicating the proposed short subdivision's relation to the area.
(20) A copy of the current county quarter section map for the appropriate area.
(21) If applicable under section 18-141 et seq., completed checklists or other required
environmental documentation.
(22) Additional information as required at the discretion of the director.
(Ord. No. 90-41, §1(16. 150. 10--16. 150.30), 2-27-90)
Sec. 20-84. Acceptance of application; routing.
( a) Upon submittal of an application for short subdivision, the director of community
development services shall determine the following:
(1) That the application contains all information required herein and any additional
information as may be required by director of community development services.
(2) That the proposed short subdivision is in conformance with the zoning code and official
zoning map.
(3) That all applicable fees have been paid by the applicant.
(b) Upon determining that the short subdivision application is complete, the director of
community development services shàll distribute a copy of the application to the public works
department, the F~d~ral V;lt'j V¡ateJ and S~~~r 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.
(c) The Department of Transportation shall be notified in writini 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 leial description of prope~. reQJ.lestini relevant information regarding, but not
limited to, the effect of the proposed short plat upon access to the state right-of-wl\}'. traffic
canyin¡ capacity and saf~.
(Ord. No. 90-41, §1(16.160.10, 16.160.20),2-27-90)
Sec. 20-85. 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 d~s from the date of submittal of a complete application unless the ~plicant consents
to the extension of such time period. The 30 day period shall not include the time spent pr~parini
and circulating any environmental documents. When returning an application due to
incompleteness or because of deniaL the city shall specify what item(a) are needed for a complete
application; or the basis for denial
Sec. 20-86. 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,
were ~p~e, comp)y with the State Environmental Policy Act and with state re~lation and
city ordinances issued under the authority of the State Environmental Policy Act.
Cross reference(s)-Environmental policy §18-26 et seQ.
Sec. 28-85. Sec. 20-87. 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 Appeals will be decided by the
bearing examiner after a public hearing. The short subdivision application shall be processed under
thG provisions of pr OGCSS I, section 22-386 ~t seq., ~xcept AS specified in Division 5. Sl.ort
Subdi~isions as set out in section 20-89 et seQ.
(Ord. No. 90-43, §2(145.05), 2-27-90)
Cross reference(s)-Hearing examiner, §22-81 et seq.
Sec. 20-88. Official file.
(a) Contents. The director of communi~ development services shall compile an official file
on the ~plication containiJ\i the followiJ\i:
ill All IU'plication material submitted by the lij)plicant.
!2) All written comments received on the matter.
OJ The written decision of the director of communi~ development.
œ If the decision of the director of communi~ development services is IU'pealed, the
following will be included in the file:
iL
The letter of lij)peal.
12..
All written comments submitted regarding the IU'peal.
~
The staff report on the lij)peal.
~
The electronic sound recording of the hearing on the lij)peal.
~
The decision of the hearing examiner on the lij)peal.
ill Any other information relevant to the matter.
(b) Availability. The official file is a public record. It is available for in!ij)ection and copying
in the department of communi~ development services during reilliar business hours.
Sec. 20-89. Notice.
(a) Content. The director of communi~ development services shall prepare a notice of each
IU'plication containing the following information:
ill The name of the I\Pplicant and, if é\Pplicable, the prQject name.
ro
The street address of the subject properf;y or, if this is not available, a locational
description in nonlegallanillage. Except for notice published in the official newspé\Per
of the city, the notice must also include a vicini~ mé\P that identifies the subject
property.
ill A brief verbal description of the proposed short plat.
œ A statement of the availabiliQ' of the official file.
æ A statement of the tight of allY person to submit written comments to the director of
community d~opment services reiardÏDi..1J1e a,pplication and the deadline for
submittin~ comments.
œ A statement that onty the person who submits written comments to the director of
community development services may appeal the director's decision.
(þ) Distribution. At least 14 calendar days before the deadline for submittin~ comments. the
director of community development services shall distribute this notice as follows:
ill A copy of the notice will be published in the official newspaper of the city.
£2) At least three copies of the notice will be con&¡)icuously posted on or near the subject
property. Of these. at least one will be posted on or actiacent to every public riiht-of-
way providin~ primary vehicular access to allY property that abuts the subject property.
OJ A copy of the notice will be posted on each of the official notification boards ofthe city
and public libraries located within the city.
Sec. 20-90. 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 reQJlested
decision.
Sec. 20-91. 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 regardin~ the I\Pplication
Sec. 20-92. Director's decision.
(A) General. After the deadline for submitting comments and after considerin~ all of the
information and comments submitted on the matter the director of community development
services shall issue a written decision within the timelines set out in section 20-85.
(b) Decisional criteria. The director of community development services shall use the criteria
listed in section 20-104 in deciding upon the I\Pplication In addition. the director of community
development services may approve the application only if:
. . t t with the colt\Prehensive plan;
ill It IS consls en
. . 'th all ~plicable provisions of this ch~ter; and
æ It IS consIstent WI
. 1 h afe~ and welfare.
ill It is consistent with the publIc hea t , s .
. f mmuni~ development services shall
. ti The dIrector 0 co .
(p) Conditions and restnc om. . . restrictions that he or she determInes ar~ .
ÌDI<1WÌ; in he written de¡;j~"." BI\Y con~o~ and undesir¡ble effects of ¡¡ran!ÏJ1& the çplicatton.
t linunate or numnuze any . .
reasonably necessaJY 0 ~ . . I d d become part of the decIsIon.
An conditions and restnctlons that are mc u e . .
y . '\)1 develDPment Sl:Wce~ ihaII.includc he folloWll\i m
(d) Contents. The dIrector of commum
the written d.\:¡¡isillll; . .
. d' the a~plIcatlon
. d'fyin¡ and ¡rantmi, or eQy1n¡
ill A statement srantm¡, mo I
(2) Any conditions I11III restrictions that are iIl1 JQ,ed. .
. f mmuni~ development selVlces that
t d to the dIrector 0 co . d
ill A statement offacts presen .e d' . d restrictions that are IIt\P°se .
support the decision, includm¡ any con ItlOns an
ill A statement oftl¡~ diœ\:.lQ['S conclusions based pu l ¡g~e W:I~ . .
. f mmuni~ development servtces m
., d b~ the dIrector 0 co
ill A statement of ~~e cntena use
making the decIsIon.
£Q.) The date of the decision.
. established in this article. of the ~plicant and ~thers to
CD. A summary ~f the .nghts. as I the decision of the director of commum~
reQJ1est consldera~lOn and to appea
development seœces. . .
. 'ki daus after the written decIsIon of
. d isian WIthin two WOLn¡ --- fj II .
(e) Distribution qlwrlften ec . . ., d it shall be distributed as 0 ows.
. f .~ development selVlces IS Issue,
the dIrector 0 commum-
ill A cQPY will be mailed to the ~plicant. .
b . d written comments or informatIon
will be mailed to each person who su ":"tte
æ ~ ~~~~irector of communi~ development selVlces.
. ho has specifically requested it
ill A copy will be maIled to any person w
Sec. 20-93. Appeals. .
. f mmuni~ develQpment selVlces may
d .. fthe dIrector 0 co .
(~ Who mqy qppeal. The .eclslOn o. co of that decision under sectIon 22-92.
be çpealed by any person who IS to receive a py
£.b) How and when to qppeal. The ~ppealJn...thúorm oWetter of appeal, must ~
to the d~artment of community development services within 14 calendar d<\ys after issuance of
the decision of the director of community development services provided that the appea11etter
must be delivered to the department of communi~ develo.pment services within 21 calendar
d~s of the postmarked date of the decision if state or local rules ado.pted pursuant to SEP A
allow for public comment on a declaration of non-si~nificance issued on the proposed
development activity. The letter of ~peal must contain:
OJ A clear reference to the matter beinG ~pealed; and
æ A statement of the specific factual findinGs and conclusions of the director of
community development services disputed by the person filin¡ the ~peal
(G) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as
established by the city. The l\Ppeal will not be accepted unless it is accompanied by the reQ}lired
~
(d) Jurisdiction. Appeals from the decision of the director of communi~ development
services will be heard by the hearing examiner.
Sec. 20-94. Notice of appeal hearin&.
(~ Content. The director of community development services shall prepare a notice of the
appeal containing the following:
OJ The file number and a brief verbal description of the matter bein¡ appealed
æ A statement of the scope of the appeal includin¡ a summary of the specific factual
findin¡s and conclusions disputed in the letter of appeal.
ill The date, time, and place of the public hearin¡ on the appeal
ill A statement of who m<\y participate in the appeal
œ A statement of how to participate in the appeal
0» Distribution. At least ten calendar days before the hearin¡ 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 section 20-93.
Sec. 20-95. Participation in the appeal.
Only those persons entitled to appeal the decision under section 20-93 may participate in the
appeal These persons may participate in either or both of the following ways:
ill By submittinG written comments or information to the department of communi~
development services prior to the hearinG or to the heariQG examiner durinG the
hearinG.
æ By appearinG in person. or throuGh a representative, at the hearinG and submittirw oral
comments directly to the hearinG examiner. The hearinG examiner m~y reasonably limit
the extent of the oral comments to facilitate the orderly and timely conduct of the
hearinG.
Sec. 20-96. Scope of the appeal.
The scope of the ~peal is limited to the specific factual findinGs and conclusions disputed in
the letter of ~peal and the hearinG examiner may only consider information on these factual
findinGs and conclusions Persons participatirw in the ~peal may present new information to the
hearinG examiner that was not presented to the director of communi~ development services only
if it is relevant to the specific factual findinGs and conclusions disputed in the letter of ~peal
Sec. 20-97. Staff report on appeal.
(a) Content. The director of communi~ development services shall prepare a staff report on
the ~peal containinG the followinG:
ill
The written decision of the director of communi~ development services.
æ
Q) The letter of ~peal
ill All written comments on the ~peal received by the department of communi~
development services from persons entitled to participate in the ~peal and within the
scope of the appeal.
All written comments submitted to the director of community development services.
ill An analysis of the specific factual findinGs and conclusions disputed in the letter of
~peal.
(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'
ill
A copy will be sent to the hearinG examiner
æ
A copy will be sent to the ~plicant.
ill A copy will be sent to the person who filed the appeal
ill A copy will be sent to each person who received a copy of the director's decision.
Sec. 20-98. Public hearin¡ on appeal.
(a) Generallv. The hearil'\g examiner shall hold a public hearing on the ~peal.
0» Open to public. The hearings of the hearini examiner are open to the public.
Sec. 20-99. Electronic sound recordina=s.
The heariI\g examiner shall make a complete electronic sound recording of each hearing.
Sec. 20-100. Burden of proof.
The person fili1'\g the ~peal has the re&ponsibili~ of convincing the hearing examiner that the
director of community development services made an incorrect decision because of erroneous
findings offact or conclusions.
Sec. 20-101. Continuation of the hearina=.
The hearing examiner may continue the hearing it 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 ~peal. If. duriI\g 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.
Sec. 20-102. 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 ~peal The hearing
examiner shall either affirm or change the findings and conclusions of the director of communi~
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 ~pealed
0» Issuance qlwritten decision. Within ten 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:
ill
A copy will be mailed to the applicant.
(2}
A copy will be mailed to the person who filed the appeal.
æ A copy will be mailed to each person who participated in the appeal
ill A copy will be mailed to each person that specifically requested it.
(c) F;.(fect. The decision by the hearing examiner is the final decision of the ci~.
Sec. 20-103. Judicial review.
The action of the ci~ in ifanting or denying an ~plication under this article may be reviewed
pursuant to the standards set forth in RCW 36. 70C.130 in the King coun~ superior court. The
land use petition must be filed within 21 calendar days after issuance of the final land use decision
of the ci~.
Sec. Z8~86. Sec. 20-104. Departmental action.
( a) The application for a short subdivision shall be reviewed for compliance with section 20-
2, and design criteria and development standards set forth in sections 20-151 through 20-157 and
20-178 through 20-187, other applicable ordinances or regulations of the city, and RCW ch.
58.17.
(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) Action by the department of community development services shall constitute final action
on the short subdivision application; provided, that the 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 substantialty completed or theÎ1 Gofi1pletÏoJl has been bonded in complianGe
",ith 5GGtiO1l12-146 ~t 5Cq in accordance with section 20-107. 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 encoß\Passes good
planning features and provisions for safe walking conditions such as sidewalks for students who
walk to and £Tom school.
(e) Every short plat of a subdivision or short subdivision to be recorded must contain a
certificate giving fun and correct description of the lands divided as they ~pear on the plat, along
with a statement that the subdivision has been made with the consent of the owner and all affected
owners.
ill 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
1
lands described shall be recorded as part of the short plat
f
æ An offer of dedication may include a waiver of rißht of direct access to any street ITom
aI\Y property if acceptabl~he ci~. Roads not dedicated to the public must clearly be
marked on the face of the plat Any dedication, donatio!,\, or ¡rant as shown on the face
of the plat shall be considered to all intents and pUl::poses, as a Quitclaim deed.
(e 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, §1(16.180.10--16.180.50), 2-27-90)
Cross reference(s)--Procedure for requirements for bonds, § 22-146 et seq.
Sec. 20-105. Effect: duration approval.
(&) Short plat aopproval shall expire one year ITom the date of the director of communi~
development services ~proval. Said ~proval shall constitute acceptance of short subdivision
layout and desiifi and shall include all conditions, restrictions, and other requirements reQJJired by
the director of communi~ development services as part of short subdivision ~proval. CiQr
~proval of a short subdivision shall not constitute ~proval for land clearinß or ¡radini,
veaetation removal, or any other activities which otherwise reQJJire permits from the ci~.
(Þ) Prior to construction of improvements pursuant to short plat aopproval, eniÎneerina
drawinas for public improvements shall be submitted for review and IU'Proval to the department
of public works, Lakehaven UtiliQr District, and Ci~ of Tacoma public utilities department. No
permits to be¡in construction or site work shall be aranted until final aopproval of all utili~ plans,
includi!'\a storm drainaae: the payment of all pertinent fees. and the submittal of performance
securities as m~ be required.
Sec. 20-106. Same: Time Extension.
(&) No less than 30 d~s prior to lapse of approval under section 20-105. the applicant may
submit a written IU'plication in the form of a letter with supportina documentation to the
department of communi~ development services reQuestina a one-time extension of those limits of
up to one year.
(Þ) The applicant shall include with the letter of request, the fee as established by the ci~
and reasons for said reQJJest The application will not be accepted unless it is accompanied by the
required fee.
«((,) The director of community development services m~ grant a one-year extension of short
.smdivision iWproval with an expiration date and no further opportuni~ for extension.
(d) The reQJlest must demonstrate that the Iij1plicant is maki1'\g substantial prowess on the
IU>proval and conditions of approval. and that there are circumstances beyond the ~plicant's
control which prevent colI\Pliance with the time limits of section 20-105
(~ Al'\y person agifÎeved by the ¡ranting or def\YÏng of a request for a time extension under
this section may appeal that decision. The iWpellant must file a letter of iWpeal indicating how this
decision affects the appellant's propetiy and presenting aQy relevant material or information
supporting the Iij1pellant's contention The ~peal will be heard and decided upon using the Iij1peal
process described in section 20-93 et seq. Any time limit, pursuant to RCW 36.70B, upon the
city's processi1'\& and decision upon applications under this chapter may, excq>t as otherwise
specifica11y stated in this chapter, be modified by a written a2'reement between the applicant
and the director of community development services.
Section 20-107. Improvements: completion or &uarantee.
(a) Prior to recordi1'\g of the short plat, all surveying and monumentation must be colI\Plete.
In additiof\ all other reQJlired improvements must be substantially completed with remaining
uncompleted improvements consisti1'\g only of sidewalks, street lighting, landsciWin¡ where
Iij1plicable, or similar minor improvements, as determined solely by the d~artments of communi~
development services and public works.
(Þ) In lieu of the completion of the remaining construction of required improvements. prior to
recording of the short plat, the ~plicant may file a performance bond or other suitable security in
a form IU>proved by the city attorney and in an amount to be determined by the director of public
works sufficient to ¡pIarantee actual construction and installation of such ilI\Provements 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 IU>proved by the public works director.
«((,) An a¡reement must be entered into between the developer and the city whereby, all
remaining improvements shall be completed within six months of entering into the aweement, or
the city will have the option of calling the performance security and completing the ilI\Provements.
(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 temponuy erosion control,
and those facilities necessary to stabilize the site.
(~) Prior to the acceptance by the city of the constructed improvements, the IU>plicant shall
file a maintenance bond or other suitable security in a form IU>proved by the city attorney and in
an amount to be determined by the director of public works ¡uaranteeing the r~air or
replacement of aQy improvement or aQy landscaping which proves defective or fails to survive
Yli1hin a minimum two-year time period after final acceptance of the improvements or
landsc~ing Said maintenance bond shall be no less than 30 percent of the estimated cost of all
improvements.
Sec. 28-87. See 20-108. Recording of short plat.
(a) All short plats approved in accordance with this division shall be recorded with the county
division of records and elections 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 RCW ch.
58.09, the Survey Recording Act.
(c) All lots blocks, and streets within a short plat shall be named and/or numbered by the
city's buildil\i official
(d) Lots within a short plat m~ 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 al'\Y manner within a five-year
period without receivini preliminary and final plat approval
(t) Whenever a survey discrepancy exists (such as a boundary hiatus. an overl~:ppini
boundaty, or a physical appurtenance) which indicates encroachment, lines of possession, or
conflict of title. the discrepancy shall be noted on the face of the short plat and shall also be
disclosed in a title report prepared by a title insurer and issued after the filini of the short plat.
(Ord. No. 90-41, §1(16.190.10, 16.190.20),2-27-90)
Sees. 28-88-28..185. Resened.
DMSION 5 ,2. PRELIMINARY PLAT
Sec. 20-109. General procedure.
The general procedure for processing an application for a subdivision consists of seven steps
as follows:
(I) 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 43.2IC.OIO et seq., the
environmental policy, section 18-26 et seq., and impact mitigation, section 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 staffand the F~dcra:l Vlrry "yVater and Sewer
Lakehaven Utili~ District; and
(7) Approval of the final plat for recording as indicated by the signature of the mayor
thereon.
(Ord. No. 90-41, §1(16.30.10--16.30.70), 2-27-90)
Sec. 20-110. 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.
0» The survey of the proposed subdivision and pr~aration of the plat shall be made Qyr or
under the supervision of.. a reiPstered land surveyor who shall certify that it is a true and correct
r~resentation of the lands actually surveyed.
(b &) The application shall be accompanied by the following information:
(1) Ten prints and on~ reproducible 5epia of the proposed preliminary plat drawn to a scale
of one inch eqmds r~resents 100 feet or larger. The preliminary plat drawing shall
include the following specific information:
a.
b.
c.
d.
Proposed name of the plat.
Location by section, township, range, and/or by other legal description.
Name, address, and phone number of developer.
Name, address, and phone number of each property owner.
Name, address, and phone number of registered land surveyor.
Scale of plat, date, and north point.
Existing topography ofthe land indicated by contours of two-foot intervals for
slopes less than 20 percent and five-foot intervals for slopes of20 percent or
greater.
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 siiJlÏficant natural features
and/or their associated buffers affect the proposed preliminary plat.
e.
f.
g.
b.
1. Comprehensive plan and zoning classification of the proposed plat and adjoining
properties.
J. Adjacent common ownerships and the land or lot divisions of adjoining properties
not in common ownership for a distance of at least 100 feet around the perimeter
of the property proposed for subdivision.
k. Location, widths, and names of existing or prior platted streets, railroad or utility
rights-of-way or easements, parks or other public spaces, or existing permanent
structures to be retained within and adjacent to the proposed plat. Where the
property had been previously subdivided, the original lots, blocks, streets,
easements, etc., shall be shown in dotted lines in scale with the proposed plat.
1. Existing and proposed water, sewer, and drainage utilities on, under, or over the
land showing size, grades, and location.
m. Layout of proposed streets, pedestrian walkways, and easements.
n. Layout, number, and dimensions of proposed lots.
o. Parcels ofland 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 subdivision1s relation to the area.
(2)
A copy of the current county quarter section map for the appropriate area.
(3) Two A lists of the names and addresses of all owners of real property, as shown by the
records of the county assessor, Al1d occupants of all real propc.rty 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. Th(. lists shall
be provided on Addlesslabds. If the owner of the prope~ which is proposed to be
subdivided owns a<ljacent property, the addresses of owners ofprope~ located within
300 feet of any portion of the boundaries of such adjacently located parcels must also
be provided.
œ Three sets of stamped envelopes with address labels for all owners described in (2)
above.
(at .5.) Two 81f2-inch by II-inch fihll positi~GS transparencies and paper positives of the
preliminary plat map.
(5 §) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for
construction of each division.
(61) A complete environmental checklist pursuant to environmental policy, section 18-26 et
seq.
(q. B) Additional information as required at the discretion of the director of community
development services.
(c d) Upon submittal of the preliminary plat application, the applicant shall tender payment of
required fees. Such fees shall be determined according to a standard fee schedule approved by the
city council. The purpose of such fees is to defray the city's cost in processing the application.
(Ord. No. 90-41, §1(16.50), 2-27-90)
Sec. 20-111. Conformance with }(;ollJng code, zoìlillg nlaps applicable codes and standards.
All applications for preliminary plat approval shall be in conformance with the zoning code
and official zoning maps of the city. In the event an amendment to the zoning code and/or a
change in the zoning maps is required to assure such conformance, the director of community
development services shall require that the appropriate applications for such change be submitted
so that such requests may be considered concurrently. No plat shall be approved coveri~ aI\Y
land situated in a tloodcontrol zone without the prior written ~proval of the d~artment of
eCOiDi)' of the state ofWashiniton.
(Ord. No. 90-41, §1(16.60), 2-27-90)
Sec. 20-112. Acceptance of application; routing.
a) Within 28 calendar days of receivin~ an application, the city must determine whether
the application is complete. A checkJist for determinin~ complete applications is available
throu~h the d~artment of community development services. If the cHy 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 ~encies of local, state or federal
¡overnment that may have jurisdiction over some aspect of the proposed development activity
Within fourteen days after an applicant has submitted the additional information identified
by the city as bein¡ necessat:}' for a complete application, the city shall notify the applicant
whether the application is complete or whether additional information is necessat:}'. An
application shall be deemed complete under this section if the city does not provide a written
determination to the applicant that the application is complete.
(b) A prQject permit application is complete for pUl:poses of this section when it meets the
city's procedural submission requirements and is sufficient for continued processin¡ even
thou¡h additional information may be required or prQject modifications may be undertaken
subsequently. A determination of completeness shall not preclude the city from requestin~
additional information or studies either at the time of the Notice of Completeness or
subsequently if new information is required or subsœntial chan~es in the proposed action
occur.
(a~) Upon submittal of a completed preliminary plat application, 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) F~d~la-l'y'¡tty \Vat~r and Sc.~e.I Lakehaven Utili~ District and City of Tacoma public
utility department, if necessary utilities will be provided by the City of Tacoma;
(5) Fire District #39;
(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.
(b d) A preliminary plat application shall not be deemed complete and 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 upon the merits of the application;
(2) The director of community development services has received a notice of availability
from the Federa-l'.,Vtry WAter And Se~Gr Lakehaven Utili~ District and City of Tacoma
public utilities department for sewer and water, as appropriate.
(Ord. No. 90-41, §1(16.70.10, 16.70.20),2-27-90)
Sec. 20-113. Time limitation for approval or disapproval of plats.
A complete preliminary plat and any proposed subdivision and dedication shall be ~proved,
disapproved, or returned to the ~plicant for modification or correction within 90 da.ys from date
of filing thereo(. unless the a.pplicant consents to an extension of such time period; PROVIDED, that
the 90 da.y period shall not include the time spent preparing and circulating environmental
documents as reQJlired
Sec. 20-H&114. 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 ~peal 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 ITom the date of the appeal of the threshold determination.
(Ord. No. 90-41, §1(16.80), 2-27-90)
Sec. 20-Htill. Process for review, dot;ce ofpnblit hea.jng.
(a) 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, section 18-26 et seq. have been fulfilled, the application shall be processed and reviewed
foHo~inß the procedures definGd in plOGeS5 ill, seGtion 22-476 et seq as set out in section 20-116
~.
(b) In addition to the reqtlirelnGnt5 of Stlb~ection (a) of this section, notk;G of tile heating
shall bG .Hailed to aþp!opIiate city 01 Gounty offiGials i[the P!oposcd plat IiGS within 500 fcGt of
the adjoining GÏt} or countJ bonndary, and to all agenGies 01 pIÏvate Gompanies who rCiceived
copies of tht. preliminary plat pal suant to seGtion 20-109. AdditionaHy, ltotiGe shaH be mattGd to
the state department oftra11sportation i[tIle ploposed plat abuts a stme highway.:;:
(G) AD notices lequÏIed in this seGdon shall dead}' desGIibe, in layn1ð:n's te1111S, the nature of
the request, the location of the proposal, the. date., time and 10,at;011 of tb, bearing, and an add! ess
and phone numbel where additional iufuIm4tÏonma, be obtained rclatrve to the application.
(Ord. No. 90-41, §1(16.90.10--16.90.30), 2-27-90)
Sec. 22-116. Official file.
(a.) Contents. The director of community development services shall coJ1Wile an official file
on the çplication containing the fQllowing.
OJ AlIlWplication materials submitted by the ~p1icant.
(2) The staff report
ill All written comments received on the matter.
œ The electronic recording of the public hearing on the matter.
ill The recommendation of the hearing examiner.
œ The electronic sound recording and minutes of the city council proceedings on the
matter.
CD The decision of city council.
00 Any other information relevant to the matter.
(b) A vai/ability. The official file is a public record. It is available for inspection and copying
in the department of community development services during reiUlar business hours.
Section 20-117. Notice of application.
(éÚ Contents. Within 14 d~s of the Letter of Completeness being issued, the director of
communi~evelopment services shall prepare an~ a notice of ~p1ication within the local
newsp~er of general circulation The notice of &pplication shall contain the followinir
ill The name of the &pplicant and, if&pplicable, the project name.
æ The street address of the subject prope~ or, if this is not available, a locational
description in nonlegallanillage. Except for notice published in the official new$p~er
of the city, the notice must also include a vicinity m~ that identifies the subject
prope~ .
ill The citation of the provision of this ch~ter describing the ~plied-for decision.
ill A.brief verbal description of the requested decision.
ill A list of the prQject permits included in the 1\Pplication
£Q) A list of all required studies submitted with the application.
ø The date of application, the date of the notice of coIT\Pletion of the &pplication, and the
date of the notice of the &pplication.
œ A statement that notification of the public hearing date will occur ~proximately 14
days prior to the scheduled hearing date
(2) A statement of the availability of the official file.
(lQ) 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
~
au A statement that only persons who submit written or oral comments to the hearing
examiner m~ challenge the recommendation of the hearing examiner
(b) Distribution. The director of community development services shall distribute this notice
as follows:
ill A copy will be sent to the persons receiving the prope~ tax statements for all prope~
within 300 feet of each boundary of the subject prope~.
(2) If the owner of the prope~ which is proposed to be subdivided owns another parcel,
or parcels. of prope~ which lie acljacent to the prope~ proposed to be subdivided,
notice of &pplication shall be given to owners of prope~ located within 300 feet of allY
portion of the boundaries of such acljacently located parcels of property owned by the
owner of the property proposed to be subdivided.
ΠA 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.
œ A copy shall be mailed to all agencies or private companies who received copies of the
preliminaty plat pursuant to section 20-109
ill Notice shall be mailed to the state d~artment oftran~ortation if the proposed plat
abuts a state highway.
£Q) A copy will be published in the official new~~er of the city
ill 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 ~plicant shall erect at least one public notification siill
which colI\Plies with standards developed by the department of community development services.
This siill shall be located on or near the subject property facini the ri¡ht-of-way or vehicle access
easement or tract providing direct vehicle access to suQject property. The director of community
development services may reQJ1ire the placement of additional public notice StillS on or near the
subject property if he or she determines that this is ~propriate to provide notice to the public.
(d) Timinx. The public notification siin or si¡ns 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.
Section 20-118. Notice of public hearin2.
(a) Contents. At least 15 calendar days prior to the date of the public hearini. the director of
community development services shall distribute a public notice in essentially the same form as the
notice of ~plication exc~t that a public hearini date will be scheduled.
(b.) Distribution. The public notice shall be mailed to all persons and a¡encies who received
the ori~nal notice of application In addition, any person specifically reQuestin¡ to be notified or
who submitted comments as a result of the notice of ~plication shall be notified at this time.
(c) Public notification sifPl The director of community development services shall have
changes made to the public notification si~ or si~s erected at the time of notice of application to
reflect any changes in the ~plication. including the scheduled date of the public hearin¡.
(d) Timin~. The public notification sign or si¡ns must be removed within seven calendar days
after the final decision of the city on the matter.
Sec. 20-ff:!ill. 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; in addition to the requirements in process
ill, section 22-476 et seCt., the following information:
ill All pertinent f\Pplication materials.
æ An analysis of the f\Pplication under the relevant provisions of this chlij)ter and the
comprehensive plan
æ A statement of the facts found by the director of community development services and
the conclusions drawn from those facts.
(t~) A notice of availability from the Federal Vllt"J ".Vat~1 and Sewer Lakehaven Utility
District and City of Tacoma public utilities department as appropriate.
(2 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- Q) 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- 1) A list of recommendations from the department of community development service~,
department of public works and other appropriate departments relating to alterations or
conditions of plat approval.
(5 ~) A copy of the declaration of non significance, mitigated declaration of nonsignificance,
and QI draft environmental impact statement and final environmental impact statements
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 section 20-2,
design criteria and development standards sections 20-151 through 20-157 and 20-178 through
20-187, any other applicable ordinances or regulations of the city and RCW ch. 58.17 and for
coß\Pliance with criteria found in section 20-125.
(Ord. No. 90-41, §1(16.100.10, 16.100.20),2-27-90)
ClOSS .ef~.ekaCe(5)-..proceos5 ill l~viGvv lequÌ1ements, § 22-47G Cot seCt.
Sec. 20-120. Public bearin&.
(a.) General. The hearing examiner shall hold a public hearing on each f\Pplication.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(c) Weer. The hearing of the hearing examiner is the open record hearing for city council on
the ~plication. The city council shall not hold another open record hearing on the ~plication
Sec. 20-121. Electronic sound recordin¡.
The hearing examiner shall make a complete electronic sound recording of each public
hearina.
Sec. 20-122. Burden of proof.
The ~plicant has the responsibility of convincin¡ the city that. under the provision of this
articl~, the applicant is entitled to the reQJlested decision.
Sec. 20-123. Public comments and participation at the heann&-
Any person may participate in the public hearing in either or both of the following ways.
ill By submittins written comments to the hearing examiner, either by delivering these
comments to the department of community development services prior to the hearina
or by ¡iving these directly to the hearing examiner at the hearing.
(2) By ~pearing in person or through a r~presentativ~, at the hearing and makina oral
comments directly to the hearing examiner The hearing examiner may reasonabty limit
the extent of oral comments to facilitate the orderly and timely conduct of the hearing.
Sec. 20-124. Continuation of the hearin¡.
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 It during the hearins. 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 hearins need be given.
Sec. 20-125. Recommendation by the hearin¡ 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) TiminK. 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 ten working days
following conclusion of all testimony and hearings.
«<) Decisional criteria. The hearins examiner shall use the followins criteria in reviewing the
preliminary plat and m&y recommend approval of the plat to the city council if
ill It is consistent with the comprehensive plan;
í2J It is consistent with all ~plicable provisions of the chapter" includin¡ those adopted by
reference from the comprehensive plan;
ill It is consistent with public health, safety. and welfare:
W It is consistent with desiil1 criteria listed in section 20-2; and
ill It is consistent with the development standards listed in sections 20-151 throu¡h 157.
and 20-178 throuih 20-187.
(d) Conditions and restrictions. The hearin¡ examiner shall include in the written
recommendations any conditions and restrictions that the examiner determines are reasonably
necessaty to eliminate or minimize artY undesirable effects of grantin¡ the application.
(~ Contents. The hearini examiner shall include the followini in the written recommendation
to the city council:
ill 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.
OJ A statement of criteria used by the hearing examiner in makin¡ the recommendation.
w
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:
ill Within two working days after the hearing examiner's written recommendation is
issued a copy will be sent to the ~plicant, each person who submitted written or oral
testimony to the hearing examiner. and each person who specifically reQJ1ested it.
(2) Prior to the public meeting where city council considers the hearin¡ 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
hearini examiner's recommendation with a copy of the recommendation.
See 28-113. Sec. 20-126. City council review, action.
(a) 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) The city council review of the preliminary plat application shall be limited to the record of
the hearing before the hearing examiner and the hearing examiner's written report and for
compliance with review criteria set forth in section 20~112, ptovided, the c.oducil may choose to
scltGdule its own public. heAti~ on the application 20~125.
(c) An.y intaested pMt, who feels that thG hc.Ating examiner's recommendations wete. bASed
on enOl ofprocedtlre., offKt, 01 OflA~, nlllJ submit a wIÏtten tequest to the. Gi~ council that the
appliGation be remanded back to the heAtiii8 examinet £ot rcGonsideratioJl. The city council may
c.onsidel this tequest AS part oft be record at its public. nleetn1&. This writtro request mtl~t be
submitted no less than five worlåt1& days pIÏor to the date oCtile cobllcil nteeting.
(d k) After considering the written rcGord and recommendations of the hearing examiner and
any ptoperl) Stlbmitted requests fur teconsidenrtion b, interested pAtties, the city council may
adopt or reject the hearing examiner's recommendations based on the record established at the
public hearÏI\a with minor nlOdmGattons as provided in subscction (e-) oftlds section, remand the
matte.! back to the hearing eÁAllhIlc.r for fuI thCI GonsidGI atioD, 01 sGhc.dule a public. hearing before
the ci~ council. The Gity council shall not substAtrtially modify the I ecomnlcndation of the hearing
ent1'lÌuet "ithont fiat referring the mattel bACk to the hearing e.œmineI 01 conducting its own
publiG hearing on the çpliGation. It: after considerin¡ the matter at a public meetini, the city
council deems a chan¡e in the hearin¡ examiner's recommendation ~provin¡ or disawrovin¡ the
preliminary plat is necessaty" the city council shall adopt its own recommendations and ~prove or
dis~prove the preliminaty plat.
(e 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
fÌ"om the plat;
(3) The change will not result in any loss of open space area or buffering provided in the
plat; and
(4) The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter the
project.
(Ord. No. 90-41, §1(16.110.10~-16.110.50), 2-27-90)
Sec. 20-127. Notice of decision on final plat application.
(8) General. Followin¡ the final decision by the city council, the director of community
development services shall prepare a notice of the city's final decision on the ~plication.
0» Distribution. Within ten workin¡ dl\Ys after the city council's decision is made. the
director of community develQpment services shall distribute a copy of the notice of the final
decision as follows:
ill A cQPy will be sent to the ~plicant.
æ A copy will be sent to aI\Y person who submitted written or oral comments to the
hearini examiner.
ill A copy will be sent to each person who has specifically reQuested it.
Sec. 20-128. Effect of decision.
The ~plicant m~ not en¡a!:e in aI\Y activity based on the decision until eniÏneerin!: plans
have been ~proved and a pre-construction meetin!: held.
Sec. 20-129. Judicial review.
The action of the city in ¡rantinß or denyin¡ an ~plication under this article may be reviewed
pursuant to the standards set forth in RCW 36 70C 130 in the Kin!: county superior court. The
land use petition must be filed within 21 calendar days after the final land use decision of the city.
Sec. 20-ii:-t m. Effect; duration approval.
(a) 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.
(b) 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 Federal Wlt'j Vlater and Sewer Lakehaven Utility District and City of
Tacoma public utilities department. No pelmits to begin construction or site work shall be ß1anted
performed until final approval of all utility plans, including storm drainage, the payment of all
pertinent fees, and the submittal of performance and maintenance securities as may be required.
( c) Preliminary plat approval shall expire three m 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.
(d) 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 section 20-111 20-115.
( e) The hearing examiner may grant a one-year extension of preliminary plat approval or may
allow division of the plat into separate phases, each with an expiration date and no further
opportunity for extension.
(Ord. No. 90-41, §1(16. 120.10--16. 120.50), 2-27-90)
Sees. 28..115 20-128-20-130. Reserved.
DIVISION 61. FINAL PLAT
Sec. 20-131. Submission.
(a) The A set of reproducible mylar drawings, and five sets of blue line copies thereof, shall be
submitted to the director of community development services together with additional information
and documentation as required in section 20-132.
(b) The director of community development services shall route the drawings to the
appropriate departments and agencies for review.
( c) If the final plat is found to be incomplete or contain inaccurate information, the director
of community development services shall return the mylar to the owner or his or her
representative for correction.
(Ord. No. 90-41, §1(16.380.10--16.380.30), 2-27-90)
Sec. 20-132. Contents.
(a) All final plats shall contain the following information:
(1) Name of plat.
(2) Location by section, township, range, and/or other legal description.
(3) The name and seal of the registered land surveyor responsible for preparation of the
plat, and a certification on the plat by the surveyor to the effect that it is a true and
correct representation of the land actually surveyed by him or her, that the existing
monuments shown thereon exist as located and that all dimensional and geodetic details
are correct.
(4) The scale, shown numerically and graphically, meridian and north point. The scale of
the final plat shall be determined by the department of public works in order that all
distances, bearings and other data can be clearly shown.
(5) The boundary line of the plat, based on an accurate traverse, with angular and linear
dimensions.
(6) Exact location, width, number, or name of all streets, alleys, and walks within and
adjoining the plat and all easements and dedications for rights-of-way provided for
public services or utilities.
(7) True courses and distances to the nearest established street lines or official monuments
which shall accurately locate the plat.
(8) Building setback lines if in a cluster subdivision.
(9) Municipal, township, county, or section lines accurately tied to the lines of the plat by
distances and courses.
(10) Radii, internal angles, points of curvature, tangent bearings, and lengths of all arcs.
(11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of
feet. Blocks in numbered additions to subdivisions bearing the same name may be
numbered or lettered consecutively through the several additions.
(l2) All lots must be provided with mailing addresses by the building official Said addresses
must be provided on the face of the final plat.
(iZ U)
Accurate locations of all monuments. One such monument shall be located at each
street intersection, point of curvature, and at location to complete a continuous
line of sight, and at such other locations as required by the provisions ofRCW
58.17.240 and by the department of public works.
(HH)
All plat meander lines or reference lines along bodies of water shall be established
above, but not farther than 20 feet fÌ"om the high-water line of such water.
(M ll)
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.
(lQ) If a plat is subject to a dedication, dedication langu~ge 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 ifant 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,
(15 11)
(t6ll)
(iT 12)
(is ~)
(26 Zl)
¡rantee or ¡rantees for his. her. or their use for the pur:pose intended by the donor or
¡rantors as aforesaid.
A full and correct legal description of the property platted.
Restrictions or conditions on the lots or tracts in the plat required by the hearing
examiner or city council.
All signatures on the final plat mylar shall be in reproducible black ink.
Additional pertinent information as required by director of public works or the
director of community development services.
A drainage release releasing the city for claims for injury or damage resulting ftom
the storm drainage system to be installed and indemnify the city ftom claims
brought by downstream owners based on the operation, failure to operate,
improper design, or improper construction.
(b) In addition to the above requirements, the final plat shall be accompanied by the following
information:
(1) A copy of any deeds, covenants, conditions, or restrictions together with a copy of the
documents which establish and govern any homeowners' association which may be
required.
(2) A statement of approval ftom 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
Federal \VAY '.'latc.! and Sewc.r Lakehaven Utility District as to the water system.
(4) A statement of approval ftom the Federal Wtty WAle! And Sc.WCI Lakehaven Utility
District as to the sanitary sewer system.
(5) Where appropriate, a statement of approval ftom 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 ftom 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 ftee consent,
and in accordance with the desires of the owner or owners.
(9) A current (witrun 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 ownersrup 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.
(G) Whenever a survey of a proposed subdivision reveals a discr~ancy (such as a boundary
hiatus, an overlapping boundary, or a physical ~purtenanc~), wruch indicates encroachment, lines
of possessio1\, 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 pr~ared by a title insurer and issued after the filing of the
final plat.
(Ord. No. 90-41, §1(16.390.10, 16.390.20), 2-27-90)
Sec. 20-133. Time limitation for approval or disapproval of final plats
Final plats shall be approved, dis~proved, or returned to the applicant witrun 30 d~s from
the date of filing a complete IWplication unless the applicant consents to an extension of such time
period.
Se~. 28..133. Sec. 20-134. Improvements; completion or guarantee.
(a) Prior to approval of the final plat, the applicant shall Gomplcte all rc.quÏIed ¡1Uplo~'mcnts
including streets, sidewalks, bikewAys, landscapift8, storm d!ainAg~, water, sew~r, ~t1eet lightinS,
undeIground utilities, mollumentation mid other improvelU(.nts whidl may be r~qtlircd by the
he-millS examine! or city Goundl. 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 ~plicable, or
similar minor improvements, as determined solely by the departments of community development
services and public works.
(b) In lieu of the completion of the aetmd 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 witrun
one yeM six months offinal plat approval. The amount of the security for completion shall not be
less than -ffil2Q percent of the Gonduûuity development dil eGtOI '5 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 witrun six months of entering into the aifeement 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 d~posit, accepted by the ci~ at the
pre-construction sta,¡~, shall be no less than 120 percent of the cost oftenwonuy erosion control,
and those facilities necessaty to stabilize the site.
(c .e) Prior to the acceptance by the city of the constructed improvements, the applicant shall
file a warrant} 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
Ìß\Provements
(Ord. No. 90-41, §1(16.400.10--16.400.30), 2-27-90)
s~c. 28-134. Sec. 20-135. Approval and filing
(a) Following approval of the construction of required improvements or the s~mittal of
Appro~ed seGuritj in lieu ofthc. hnplovelllents, and/or a.ppropriate bondin¡ 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 seNed by the establishment of
the subdivision and dedication by determinin¡ if ~propriate provisions are made for", but not
limited to, the public health, safety, ¡eneral welfare. open ~aces, draina¡e w~s, streets and
roads alleys other public w~s transit stops, potable water supplies. sanitaty wastes parks and
recreation, playgrounds, schools and schoolgrounds and shall consider all other relevant facts,
includin¡ sidewalks and other plannin¡ features that assure safe walkin¡ conditions for students
who only walk to and fTom 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 seNe the subdivision, and/or impact fees
imposed under RCW 82.02.050 throu¡h 82 02 090 may be reQJ.lired as a condition of subdivision
~proval. 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 re.producible copy shall be furnished to the ci~. One pé\Per copy shall be filed with the coun~
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 RCW ch. 58.09.
(d) ~ lots within a final plat filed for record shall be a valid land use not withstandini any
chan¡e in zonini laws for a period of five years trom the date of filini A subdivision shall be
ioverned by the terms of approval of the final plat and the statutes, ordinances, and reilliations in
effect at the time of c\pproval for a period of five years after final plat c\pproval, unless the
leiislative boQy finds that a chanie in conditions creates a serious threat to the public health or
safety in the subdivision.
(Ord. No. 90-41, §1(16.410.10--16.410.30), 2-27-90)
Section 20-136. Appeal of decision on final plat.
Any decision c\pproving or disc\pproving any plat shall be reviewable pursuant to the
standards set forth in RCW 36.2IC.130 before the King County superior court. Standing to bring
the action is limited to the following parties'
.Q.) The ~plicant or owner of the property on which the subdivision is proposed'
(2) AI\y property owner within 300 foot of the proposal.
OJ Any property owner who deems himself ag¡rÎeved thereby and who will suffer direct
and substantial impacts trom the proposed subdivision.
Sees. 20-131-20-139. Reserved.
DIVISION 7- ~. ALTERATIONS OF PLATS
See. 20-140. Plat alteration distinguished from boundary line adjustment.
(a) Applications for revisions to plats shall be processed pursuant to the procedure for
alterations of plats, and shall not be considered boundary line adjustments, as defined in section
20-141, ifany one of the following threshold criteria are met:
(I)
The proposed revision will result in the relocation of any internal private or public
street access point to an exterior street trom 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 Section 20-1; provided, however, that this exception shall
not apply if the short subdivision is simultaneously owned by the owner of a contiguous lot or
parcel at the time of application.
(d) As used in this chapter "plat alteration" shall also include reconfigurations of legally
created platted or legally created unplatted lots, or both.
(Ord. No. 93-191, §1, 11-9-93)
Sec. 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 Sections 20-41 through 20-44, that person shall
submit an application to request the alteration to the city.
(a)
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 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
(b) Completed application defined. A completed application shall be as required for
preliminary plats, pursuant to FWCC Section 20-107.
(Ord. No. 93-191, §1, 11-9-93)
Sec. 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) Federal 'lIlt} Vt'ater and Sewer Lakehaven Utility District and/or City of Tacoma Public
Utility Department and/or other utility district, as appropriate;
(3) Fire District #39;
(4) County department of public health, if septic systems are proposed for sewage disposal;
(5) Federal Way School District #210; and
(6) Building department;
(7) Other individuals or jurisdictions as deemed appropriate by ~ 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
fÌ'om the Federal \Vay Vlatc.1 And Sewer Lakehaven Utility District and/or City of
Tacoma public utilities department, for sewer and water and/or other applicable utility
district, as appropriate.
(Ord. No. 93-191, §1, 11-9-93)
Sec. 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,
section 18-26, et seq., have been fulfilled, the application shall be processed and reviewed .
following the procedures defined in ProGess ill, section 22-476, ~t seq. Section 20-109 et seQ
(b) Notice of the hearing shall be mailed to the appropriate city or county officials if their
proposed plat alteration lies within 500 wc.t one mile of the adjoining city or county boundary, and
to all agencies or private companies pursuant to section 20-142(a) herein. 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, §1, 11-9-93)
Sec. 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 Process ill, section 22-476, et seq., the following information:
(I) A notice of availability from the Fedetai ~Na., ~Nater Ahd SG~'r Lakehaven Utility
District and/or City of Tacoma Public Utilities Department or other applicable utility
department, as appropriate.
(2) If the subdivision is to contain a septic system, a letter from the county department of
public health regarding the adequacy and safety of such a system.
(3) All communications from other agencies or individuals relating to the application which
were received in time to be included in the report to the hearing examiner.
(4) A list of recommendations from the department of community development services,
department of public works, and other appropriate departments relating to alterations
or conditions of plat approval.
(5) A copy of the declaration of non significance, mitigated declaration of non significance,
and m: draft environmental impact statement and final environmental impact statements,
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
section 20-2 (purpose), and the following selected design criteria:
(1) Section 20-151--Design;
(2)
Section 20-152--Lot Design;
(3) Section 20-153--Density;
(4) Section 20-1 55--0pen Space;
(5) Section 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) Section 20-176--Street Improvements and Dedication of Rights-of-Way and/or
Easements;
(2)
Section 20-177 --Density Regulations;
(3)
(4)
Section 20-180--Streets and Rights-of-Way;
Section 20-181--Water;
(5)
Section 20-182--Sewer Disposal;
(6)
(7)
Section 20-183--Storm Drainage;
Section 20-184--0ther Utilities;
(8) Section 20-185--Street Lights; provided, however, that the application ofFWCC
Section 20-185 shall apply only to new roadways proposed as a result of the alteration
to the plat;
(9)
Section 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. If a11} land within th~ alteration contains
a dedication to the ~enGlal use ofpcrsoJls residing within the sl1bdiyision, such land may be
altered and di"ided equitably between the adjacent ploperties. Easements established by
dedication are property riihts that cannot be extinilJished or altered without the ~Proval of the
easement owner or owners. unless the subdivision or other document creatini the dedicated
easement provides for an alternative method or methods to extinilJish or alter the easement.
(Ord. No. 93-191, §1, 11-9-93)
Sec. 20-145. City council review, action.
City council review of hearing examiner recommendations on applications for plat alterations
shall follow that procedure established in seGtion 20-llJ, city couJldll~iew, aGtioll for
preliminary plat appliGatiohS be limited to the record of the hearini examiner and the hearini
examiner' s r~port.
(Ord. No. 93-191, §1, 11-9-93)
Sec. 20-146. Affect; duration 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 ftom 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 Federal Vltty \Vat~l and Sewer Lakehaven Utility District and/or City of
Tacoma public utilities department, as appropriate. No permits to begin construction or site work
shall be granted until final approval of all utility plans, including storm drainage, the payment of all
pertinent fees, and the submittal of performance securities as may be required.
(c) Conditional approval of the altered plat shall expire three ~ years ftom 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 ftom
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 Section 20-143(b).
( 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, §1, 11-9-93)
Sec. 20-147. Final drawings.
After approval of the alteration and satisfaction of all approval necessary per section 20-
146(b), the legislative body shall order the applicant to produce a final drawing of the approved
alteration of the final plat. The requirements for the final drawing shall be as required for final
plats, pursuant to FWCC Section 20-132. After signature of the legislative authority, the final
drawing shall be filed with the county auditor to become the lawful plat of the property.
(Ord. No. 93-191, §1, 11-9-93)
Sees. 20-148-20-150. Reserved.
ARTICLE ID. DESIGN CRITERIA *
----------
*Cross referenee(s)-Site design requirements for environmentally sensitive areas, §22-1266
et seq.
----------
Sec. 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 five degrees.
( c) Cul-de-sac streets should be no longer than 600 feet.
(d) Blocks should be no longer than 1,200 feet without an intersecting connector road.
( 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 confonnance with adopted standards for sight distance at
intersections, as prescribed in section 22-1151 et seq.
(Ord. No. 90-41, §1(16.210.10--16.21O.60), 2-27-90)
Sec. 20-152. Lot design.
(a) All lots should be ofarnple 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) Except in a cluster subdivision, all lots should abut a public street right-of-way.
Residential lots should not have access onto arterial streets.
(Ord. No. 90-41, §1(16.220.10--16.220.40), 2-27-90)
Sec. 20-153. Density.
(a) All lots in conventional subdivisions shall meet the density and minimum lot size
requirements of chapter 22. Calculation of density in subdivisions shall not include streets or
vehicle access easements.
(b) Lots created in cluster subdivisions may be below the minimum lot size requirements of
chapter 22, Zoning, provided the total number of lots created does not exceed the number which
would be permitted in a conventional subdivision on a site of the same total area, after reservation
of required open space.
(Ord. No. 90-41, §1(16.230.10, 16.230.20),2-27-90)
Sec. 20-154. Cluster subdivision.
( a) In order to promote open space and the protection of natural features, such as trees and
wetlands, lots may be reduced in size and placed in clusters on the site.
(b) Lots created in a cluster subdivision may be reduced in size below the minimum required
in chapter 22, provided that minimum yard and setback requirements are met. Building setback
lines for each lot shall be shown on the face of a cluster subdivision plat.
( c) Open space created by cluster subdivisions shall be protected ftom further subdivision or
development by covenants filed and recorded with the final plat of the subdivision.
(Ord. No. 90-41, §1(16.240.10--16.240.30), 2-27-90)
Sec. 20-155. Open space and recreation.
(a) For the purpose of this article, open space shall be described in the following categories:
(1) Usable open space. Areas which have appropriate topography, soils, drainage, and size
to be considered for development as active recreation areas.
(2) Conservation open space. Areas containing special natural or physical amenities or
environmentally sensitive features, the conservation of which would benefit surrounding
properties or the community as a whole. Such areas may include, but are not limited to,
stands of large trees, view corridors or view points, creeks and streams, wetlands and
marshes, ponds and lakes, or areas of historical or archaeological importance.
Conservation open space and usable open space may be, but are not always, mutually
inclusive.
(3) Buffer open space. Areas which are primarily intended to provide separation between
properties or between properties and streets. Buffer open space may, but does not
always, contain usable open space or conservation open space.
(4) Severely constrained open space. Areas not included in any of the above categories
which, due to physical characteristics, are impractical or unsafe for development. Such
areas may include but are not limited to steep rock escarpments or areas of unstable
soils.
(b) All residential subdivisions shall be required to provide open space in the amount of 15
percent of the gross land area of the subdivision site, or if the site is five acres or less in size,
applicants may seek alternative methods of providing the required open space as permitted by
section 19-41 et seq., if acceptable to the city.
(c) Any combination of open space types may be used to accomplish the total area required
to be reserved as follows:
Open Space Cate~orv ....... . % of Gross Land Area.
Usable 10% minimum
Conservation No maximum or minimum
Buffer 2% maximum
Constrained 2% maximum
(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.
(t) Subject to approval by the city, ownership in open space may be transferred to a special
interest group or organization which shall assume the responsibility of maintaining the open space
for its intended purpose.
(Ord. No. 90-41, §1(16.250.10--16.250.60), 2-27-90)
Sec. 20-156. Pedestrian and bicycle access.
(a) In addition to the sidewalks required in section 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, and transit stops.
(b) Pedestrian and bicycle access shall be provided in easement corridors of sufficient width
to assure the privacy of adjacent residences.
( c) Pedestrian and bicycle access corridors shall be considered as usable open space in
determining open space requirements.
(Ord. No. 90-41, §1(16.260.10--16.260.30), 2-27-90)
Sec. 20-157. View considerations.
(a) Design of new subdivisions adjacent to existing development should assess the potential
blockage of existing views and utilize methods such as staggered or offset lot lines and building
areas so as to reduce horizontal view blockage.
(b) Where feasible, subdivision design shall recognize and preserve important view corridors
by proper location of street rights-of-way, view conservation easements, or other means.
(Ord. No. 90-41, §1(16.270.10, 16.270.20),2-27-90)
Secs.20-158-20-175.lleserved.
ARTICLE IV. IMPROVEMENTS'"
----------
"'Cross reference(s)--Streets, sidewalks, and other public places, ch. 13; utilities, ch. 16;
improvements required under zoning regulations, §22-1471 et seq.; yard requirements for
driveways, parking areas, fences, structure protruding beyond exterior walls of a structure,
retaining walls, walkways, and certain other improvements or structures, §22-1133; water quality
requirements and surface water, stormwater, and other waterways, §22-1196 et seq.; regulations
regarding public improvement master plan or special design guidelines for a particular area, §22-
1471; official right-of-way map adopted, §22-1472; public improvements required to be installed,
§22-1473; vehicular access easement improvements required, §22-1496 et seq.; right-of-way
improvements required, § 22-1516 et seq.; street design guidelines, § 22-1517; sidewalk
requirements, §22-1520; utilities required improvements, §22-1521; street lighting required
improvements, §22-1522; arterial rights-of-way requirements, §22-1524; local rights-of-way,
§22-1525; driveway requirements, §22-1541 et seq.
----------
Sec. 20-176. Improvements required.
Street improvements, and the dedication of rights-of-way and/or easements, shall be required
in accordance with section 22-1471 et seq. regarding required improvements to rights-of-way and
vehicular access easements. If a plat is subiect to a dedication dedication lan¡uage 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 AIly dedication, donation, or arant as shown on the face of the plat shall be
considered to all intents and pu¡:poses, as a Quitclaim deed to the said donee or donees, grantee or
ifantees for his. her. or their use for the pu¡:pose intended by the donor or ifantors as aforesaid
(Ord. No. 90-41, §1(16.440.20), 2-27-90)
Sec. 20-177. Density regulations.
Density or parcel size, setbacks and buffers shall be in accordance with chapter 22, Zoning.
(Ord. No. 90-41, §1(16.440.10), 2-27-90)
Cross reference(s)--District regulations, §22-571 et seq.; supplementary district regulations,
§22-946 et seq.; landscape requirements, §22-1561 et seq.
Sec. 20-178. ButTers.
(a) Subdivision design should provide AInpk buffers a ten foot wide Type III landscape strip
along all arterial streets to shield new residences from arterial streets. See FWCC Section 22-
1565«<) Said landscl:ij>e strip shall be provided in a separate tract to be owned and maintained by
the homeowners' association or established land uses adjAcent to the subdivision, under the
provisions ofsectiofts 22-1572 thl0ugh 22-1575 Je8aIdin~ landscapiJ18 as follo""s.
(1) BufFel TYPG 2 when adjacGnt to nonr~sidential 01 nonagricultural uses,
(2) Bufrer Type J ~hen adjacent to multifamiry 01 pJof(.ssional office uses,
(J) Daffe1 Type J when the density ofth~ proposed sklbdivision exGeeds the, allowed
density of adjacent plAtted, sil181e-family properties.
(b) L'XÌstÍJ18 maml e \1 cgc.tation shall be. I etained for buftb in! pdl poses as pI 0 v ided in section
22-1573 reßardinß use of significant natural veßetation.
(c) O:ù Perimeter fencing in subdivisions shall be located on the interior side of~quited
bu& aI eM landscl:ij>e strips planted aloni arterial streets.
(Ord. No. 90-41, § 1(16.280.10--16.280.30),2-27-90)
Sec. 20-179. Retention of vegetation.
All natural vegetation shall be retained on the site to be subdivided except that which will be
removed for improvements or grading appro'Ved in the prelin1Ïnary subdivision 01 short
subdivision as shown on approved en¡ineerin¡ plans. A preliminary c1earin¡ and ¡radin¡ plan shall
be submitted as part of preliminary plat application.
(þ) Existin¡ mature ve¡etation shall be retained to the maximum extent possible. Preservation
of si¡pùficant trees pursuant to FWCC Section 22-1568 shalll:ij>ply solely to the development of
each sin¡le family lot at the time a buildin¡ permit is applied for.
(Ord. No. 90-41, §1(16.290), 2-27-90)
Sec. 20-180. Streets and rights-of-way.
(a) All streets within an approved subdivision or short subdivision shall be within a dedicated
public right-of-way.
(b) All streets within the public rights-of-way shall be improved to the standards specified in
section 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 section 22-1471 et seq. regarding required improvements to rights-of-way and vehicular
access easements.
(d) All traffic control devices within the subdivision or short subdivision shall be provided by
the developer as required by the director of public works.
(e) Additional off-site street and traffic control improvements may be required to mitigate
impacts resulting ftom the subdivision or short subdivision.
(Ord. No. 90-41, §1(16.300.10--16.300.50), 2-27-90)
Sec. 20-181. Water.
(a) All lots in a subdivision or short subdivision shall be served by a water system designed
and constructed to the specifications of the Federal V1Ny Vlater and Se~eI Lakehaven Utili~
District or City of Tacoma, public utilities department or any other appropriate district.
(b) The water system shall be dedicated to the Federal \'Ia1 V.TateI and Sewer Lakehaven
Utility District or City of Tacoma public utilities department or any other appropriate district
upon approval of the final or short plat. Easements shall be shown on the face of the final plat.
(Ord. No. 90-41, §1(16.31O.10, 16.310.20),2-27-90)
Sec. 20-182. Sewage disposal.
(a) Wherever feasible, all lots in subdivisions and short subdivisions shall be connected to a
sanitary sewer system designed and constructed to the specifications of the Fedelal".Ytty 'Yater
and Sewer Lakehaven Utility District or other appropriate district.
(b) The sanitary sewer system shall be dedicated to the Federal Via} \Vater And Sewel
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.
(c) Where connection to the sanitary sewer system is not feasible, on-site sewage disposal
systems may be utilized. The design and construction of such systems shall be approved by the
Seattle-King County department of public health.
(Ord. No. 90-41, §1(16.320.10--16.320.30), 2-27-90)
Sec. 20-183. Storm drainage.
(a) All subdivisions and short subdivisions shall be provided with an adequate storm drainage
system designed and constructed in accordance with the surface water management requirements
in section 21-26 et seq., and the storm and surface water utility requirements in section 16-76 et
seq.
(b) As required by the director of public works, subdivisions and short subdivisions shall
provide storm water detention or retention facilities. Such required systems should include bio-
filtration swales, oil/water separation devices, or any other appropriate systems approved by the
public works director.
( c) As appropriate, the storm drainage system shall be dedicated to the city upon approval of
the final plat or short plat.
(Ord. No. 90-41, §1(16.330), 2-27-90)
Cross reference(s)-Storm and surface water utility, §16- 76 et seq.; drainage program, §21-
26 et seq.
Sec. 20-184. Other utilities.
(a) All lots in subdivisions and short subdivisions 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.
(Ord. No. 90-41, §1(16.340.10, 16.340.20),2-27-90)
Cross reference(s)-Utilities, ch. 16.
Sec. 20-185. Street lighting.
(a) All subdivisions and short subdivisions shall install street lighting on all streets, except
neighborhood access streets and cul-de-sacs where installation is optional, in accordance with
common design standards for spacing, placement, and luminous intensity.
(b) Light standard and luminaire design shall be approved by the director of public works.
(Ord. No. 90-41, §1(16.350.10, 16.350.20),2-27-90)
Cross reference(s)-Streets, sidewalks and other public places, ch. 13.
Sec. 20-186. Landscaping protection and enhancement.
(a) A landscape plan prepared by a licensed landscape architect shall be submitted with each
subdivision or short subdivision application. The plan shall identify existing wooded areas,
siiIlÏficant trees, meadows, rock outcroppings, and other landscape features. The plan shall AlsQ
show proposed buffers, signifi,allt tl ees, open spaces, street trees, and other ornamental
landscaping.
(b ) Plio! to the installAtion of impro vemeI1ts, sSignificant trees, as defined in chapter 22,
Zoning, shall be identified, except for those to be removed in areas to be improved or ifaded as
shown on the preliminax:y plat. DuriQi construction of subdivision improvements and permittiQi
of siQile fami\)' residences. P¡2rotection techniques, as required in chapter 22, Zoning, shall be
used to protect the identified trees fÌ'om 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, §1(16.360.10--16.360.40), 2-27-90)
Cross reference(s)-Landscaping requirements in the zoning regulations, §22-1561 et seq.
Sec. 20-187. Monuments.
(a) Permanent survey control monuments shall be provided for all final plats and short plats
at:
(I)
All controlling comers on the boundaries of the subdivision or short subdivision;
(2)
The intersection of centerlines of roads within the subdivision or short subdivision; and
(3)
The beginnings and ends of curves on centerlines or points of intersections on tangents.
(b) Permanent survey control monuments shall be set in two-inch pipe, 24 inches long, filled
with concrete or shall be constructed of an approved equivalent. Permanent survey control
monuments within a street shall be set after the street is paved. Every lot comer shall be marked
by a three-quarter-inch galvanized iron pipe or approved equivalent, driven into the ground. If any
land in a subdivision or short subdivision is contiguous to a meandered body of water, the
meander line shall be reestablished and shown on the final plat or short plat.
(Ord. No. 90-41, §1(16.370.10, 16.370.20),2-27-90)
Sees. 20-188-20-205. Resenred.
ARTICLE V. PUBLIC IMPROVEMENT ASSESSMENTS.
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.Cross reference(s)-Finance, ch. 7; streets, sidewalks and other public places, ch. 13;
utilities, ch. 16; in each case where the city requires an applicant to provide a public walkway,
public use area, or other area, facility, or structure that is open to the public under the zoning
regulations, the applicant may execute an easement or similar document in a form approved by the
city attorney, §22-10; required improvements under the zoning regulation, §22-1471 et seq.;
official right-of-way map adopted, §22-1472.
State law reference(s)-Public improvements, authority RCW 35A.40.200, 35.23.352,
35.72.010 et seq., 39.04.010 et seq.
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Sec. 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, §1, 1-30-90)
State law reference(s)-Contracts for street projects, RCW 35.72.010 et seq.
Sec. 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)
Sec. 20-208. Contents of application.
Every application for the establishment of an assessment reimbursement area shall be
accompanied by the application fee specified in section 20-213 and shall include the following
items:
(1) Detailed construction plans and drawings ofthe 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 fÌ"om such project. Proper postage for registered mail shall be affixed or
provided;
(7) Copies of executed deeds and/or easements in which the applicant is the grantee for all
property necessary for the installation of such street project.
(Ord. No. 90-22, §3, 1-30-90)
Sec. 20-209. Notice to property owners.
Prior to the execution of any contract with the city establishing an assessment reimbursement
area, the public works director or designee shall mail, via registered mail, a notice to all record
property owners within the assessment reimbursement area as determined by the city on the basis
of information and materials supplied by the applicant, stating the preliminary boundaries of such
area and assessments along with substantially the following statement:
As a property owner within the Assessment Reimbursement Area whose preliminary
boundaries are enclosed with this notice, you or your heirs and assigns may be obligated to
pay under certain circumstances, a pro rata share of construction and contract administration
costs of a certain street project that has been preliminarily determined to benefit your
property. The proposed amount of such pro rata share or assessment is also enclosed with
this notice. You, or your heirs and assigns, may have to pay such share, if any development
permits are issued for development on your property within ( ) years of
the date a contract establishing such area is recorded with the King County Department of
Records, provided such development would have required similar street improvements for
approval. You have a right to object to your property's assessment and request a hearing
before the Federal Way City Council within twenty (20) days of the date of this notice. All
such requests must be in writing and filed with the City Clerk. After such contract is recorded
it shall be binding on all owners of record within the assessment area who are not a party to
the contract. Dated:
(Ord. No. 90-22, §4, 1-30-90)
Assessment reimbursement contracts, RCW 35.72.040.
Sec. 20-210. City council action.
If the owner of any property within the proposed assessment reimbursement area requests a
hearing, notice of such shall be given to all affected property owners in addition to the regular
notice requirements specified by this article. Cost of this notice shall be borne by the applicant. At
the hearing the city council shall take testimony from affected property owners and make a final
determination of the area boundaries, the amount of assessments, length of time for which
reimbursement shall be required and shall authorize the execution of appropriate documents. If no
hearing is requested, the council may consider and take final action on these matters at any public
meeting held more than 20 days after notice was mailed to the affected property owners.
(Ord. No. 90-22, §5, 1-30-90)
Sec. 20-211. Preliminary assessment reimbursement area, amendments.
If the preliminary determination of area boundaries and assessments is amended so as to raise
any assessment appearing thereon, or to include omitted property, a new notice of area
boundaries and assessments shall be given as in the case of an original notice; provided, that as to
any property originally included in the preliminary assessment area which assessment has not been
raised, no objections shall be considered by the council unless the objections were made in writing
at or prior to the date fixed for the original hearing. The city council's ruling shall be determinative
and final.
(Ord. No. 90-22, §6, 1-30-90)
Sec. 20-212. Contract execution and recording.
( a) Within 30 days of final city council approval of an assessment reimbursement agreement,
the applicant shall execute and present such agreement for the signature of the appropriate city
officials.
(b) To be binding the agreement must be recorded with the county department of records
within 30 days of the final execution of the agreement pursuant to RCW 35.72.030.
(c) If the contract is so filed and recorded, it shall be binding on owners of record within the
assessment area who are not party to the agreement.
(Ord. No. 90-22, §7, 1-30-90)
Sec. 20-213. Application fees.
The applicant for street reimbursement agreements as provided for in this article shall
reimburse the city for the full administrative and professional costs of reviewing and processing
such application and of preparing the agreement. At the time of application a minimum fee of
$250.00, plus .025 percent of the value of the assessment contract, to a maximum of $2,500.00
shall be deposited with the city and credited against the actual costs incurred. The applicant shall
reimburse the city for such costs before the agreement is recorded.
(Ord. No. 90-22, §8, 1-30-90)
Sec. 20-214. City financing of improvement projects.
As an alternative to financing projects identified in this article solely by owners of real estate,
the city may join in the financing of an improvement project and may be reimbursed in the same
manner as the owners of real estate who participate in the project, upon the passage of an
ordinance specifying the conditions of the city's participation in such project. The city shall be
reimbursed only for the costs of improvements that benefit that portion of the public who will use
the developments within the established assessment reimbursement area. No city costs for
improvements that benefit the general public shall be reimbursed.
(Ord. No. 90-22, §9, 1-30-90)
Alternative financing method, RCW 35.72.050.
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