ORD 22-933 - Relating to Code Amendments to Title 18 (Subdivisions)ORDINANCE NO. 22-933
AN ORDINANCE of the City of Federal Way, Washington, relating
to code amendments to Title 18 (Subdivisions); amending FWRC
18.40.050, 18.45.040, 18.45.050, and 18.45.070. (Amending Ordinance
Nos. 07-554, 97-291, 93-191, and 90-41)
WHEREAS, counties and cities that are required to plan under the Growth Management
Act ("GMA"), Chapter 36.70A of the Revised Code of Washington ("RCW"), must ensure that
their comprehensive plans and development regulations encourage the availability of affordable
housing to all economic segments, encourage economic development, and encourage timely and
fair processing of development permits; and
WHEREAS, the Federal Way Comprehensive Plan directs the city to provide for
expeditious and efficient development, land use practices that reduce ' housing costs, and a
regulatory environment that facilitates growth of the local economy; and
WHEREAS, Title 18 of the Federal Way Revised Code establishes procedures for the
review and approval of final plats and plat alterations; and
WHEREAS, the Federal Way City Council currently is the authorized decision maker to
approve or disapprove a final plat or plat alteration application; and
WHEREAS, Senate Bill 5674, approved by the Washington State legislature in the 2017
Regular Session and signed into law by Washington State Governor Jay Inslee on April 27,
2017, authorizes a local legislative authority to adopt an ordinance delegating final plat approval
to an established planning commission or agency, or administrative personnel and became
effective on July 23, 2017; and
Ordinance No. 22-933 Page I of 11
WHEREAS, the City Council has the authority to amend provisions of the Federal Way
Revised Code related to the review and approval procedures for final plats and plat alterations;
and
WHEREAS, Federal Way seeks to fairly, efficiently, and expeditiously facilitate the
development of additional housing opportunities for existing and future residents of the city; and
WHEREAS, the City seeks to ensure that government resources are wisely and
efficiently used in the administration of planning and land use functions; and
WHEREAS, added time and cost in the final plat and plat alteration processes can create
unintended risks and uncertainty for homebuilders and developers; and
WHEREAS, unnecessary delay in the final plat and plat alteration approval processes can
result in additional housing costs and fewer housing choices for existing and future residents of
the city; and
WHEREAS, the code amendments in this ordinance streamline the final plat approval
process by delegating final plat approval to the director of Community Development; and, by
delegating plat alteration approval to the city's hearing examiner; and
WHEREAS, State agencies received 60-day notice of the proposed amendments on
August 31, 2021; and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on November 5, 2021, no comments were received and the DNS was
Ordinance No. 22-933 Page 2 of 11
finalized on November 19, 2021, and no appeals were filed and the appeal period expired on
December 10, 2021; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on December 1, 2021, and continued on January 19, 2022; and
forwarded a recommendation of approval to the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by reducing the processing and inefficiencies currently found in
certain development applications.
(c) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(d) These code amendments are consistent with the intent and purpose of Title 18
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(e) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(f) These code amendments have followed the proper procedure required under the
FWRC.
Ordinance No. 22-933 Page 3 of 11
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG2 Develop an efficient and timely development review process based on a public/
private partnership.
LUP4 Maximize efficiency of the development review process
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
EDP10 Continue to implement a streamlined permitting process consistent with state and
federal regulations to reduce the upfront costs of locating businesses or redeveloping
businesses in the City.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they will offer increased efficiencies for permit applicants.
(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they promote permitting efficiency and seek to use
governmental resources efficiently.
Section 3. FWRC 18.40.050 is hereby amended to read as follows:
18.40.050 Approval and filing.
(1) Following approval of the construction of required improvements, and/or appropriate
bonding pursuant to this section, the final plat shall be reviewed by the director of community
Ordinance No. 22-933 Page 4 of 11
developmentdir-eeter- f ^ nity development sei=viees sha4l forward the final plat to the eity
Eeun' for- approval. After considering all the information and comments submitted on the
matter, the director shall issue a written decision within the time limits provided in FWRC
18.40.030.
(2) The eity ^Derail, in a „ubli^ ineeti ^, director's decision 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- eity eetme4' have been satisfied; that the public use and interest shall be served
by the establishment of the subdivision and dedication by determining if appropriate provisions
are made for, but not limited to, the public health, safety, general welfare, open spaces,
drainageways, streets and roads, alleys, other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall
consider all other relevant facts, including sidewalks and other planning features that assure safe
walking conditions for students who walk to and from school; that all required improvements
have been made and maintenance bonds or other security for such improvements have been
submitted and accepted; that all taxes and assessments owing on the property being subdivided
have been paid. If the eity director makes such findings, then the plat shall be approved
for recording. Dedication of land to any public body, provision of public improvements to serve
the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be
required as a condition of subdivision approval. Dedications shall be clearly shown on the final
plat.
(3) The approved and signed final plat, together with all legal instruments pertaining thereto as
required herein, shall be recorded in the eotinty department f eleetions and , er-ds by the eit-y
Ordinance No. 22-933 Page 5 of 11
with the appropriate county office within 30 days of approval. A recorded and certified copy on
any standard material acceptable to the city shall be returned to the city and kept with the cit�'s
the eoui4y assessor All fees for such recording shall be paid by the applicant. A copy of the
documents stamped with the recording number shall be forwarded to the county department of
assessments for assessment purposes. Final plats shall be recorded consistent with Chapter 58.09
RCW.
(4) Any lots within a final plat filed for record shall be a valid land use notwithstanding any
change in zoning laws for a period of five years from the date of filing. A subdivision shall be
governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations
in effect at the time of approval for a period of five years after final plat approval, unless the
legislative body finds that a change in conditions creates a serious threat to the public health or
safety in the subdivision.
Section 4. FWRC 18.45.040 is hereby amended to read as follows:
18.45.040 Process for review and notice of public hearing.
(1) Upon confirmation by the dire ter- f,,,,mr,. unity development se that the plat alteration
application is complete and that all pertinent requirements to the environmental policy, FWRC
Title 14, have been fulfilled, the application shall be processed and reviewed following the
procedures defined in Chapter 18.35 FWRC.
(2) Notice of the hearing shall be mailed to the appropriate city or county officials if the
proposed plat alteration lies within one mile of the adjoining city or county boundary, and to all
agencies or private companies pursuant to FWRC 18.45.030(1). Additionally, notice shall be
Ordinance No. 22-933 Page 6 of 11
mailed to the State Department of Transportation if the plat proposed to be altered abuts a state
highway.
(3) 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.
Section 5. FWRC 18.45.050 is hereby amended to read as follows:
18.45.050 Report to hearing examiner — Review.
(1) No less than seven days prior to the date of the public hearing, the department of community
development serviees—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 Chapter
18.35 FWRC, the following information:
(a) A notice of availability from the Lakehaven utility district and/or city of Tacoma public
utilities department or other applicable utility department, as appropriate.
(b) 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.
(c) 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.
(d) 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.
(e) A copy of the declaration of nonsignificance, mitigated declaration of nonsignif cance, or
draft environmental impact statement and final environmental impact statement, as
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applicable, along with a list of any required mitigation measures issued by the responsible
official, if required.
(2) The hearing examiner shall review the application for plat alteration for compliance with
FWRC 18.05.020 (Purpose), and the following selected design criteria:
(a) FWRC 18.55.010 — Land division design;
(b) FWRC 18.55.020 — Lot design;
(c) FWRC 18.55.030 —Density;
(d) FWRC 18.55.060 — Open space and recreation;
(e) FWRC 18.55.070 — Pedestrian and bicycle access.
(3) The hearing examiner shall also review the application for plat alteration for compliance with
the following development standards:
(a) FWRC 18.60.010 — Street improvements and dedication of rights -of -way and/or
easements;
(b) FWRC 18.60.020 — Density regulations;
(c) FWRC 18.60.050 — Streets and rights -of -way;
(d) FWRC 18.60.060 — Water;
(e) FWRC 18.60.070 — Sewer disposal;
(f) FWRC 18.60.080 — Storm drainage;
(g) FWRC 18.60.090 — Other utilities;
(h) FWRC 18.60.100 — Street lighting; provided, however, that the application of FWRC
18.60.100 shall apply only to new roadways proposed as a result of the alteration to the plat;
(i) FWRC 18.60.120 — Monuments.
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(4) 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.
(5) If any land within the alteration is part of an assessment district, any outstanding assessment
shall be equitably divided and levied against the remaining lots, parcels, tracts, or be levied
equitably on the lots resulting from, the alteration. Easements established by dedication are
property rights that cannot be extinguished or altered without the approval of the easement owner
or owners, unless the subdivision or other document creating the dedicated easement provides for
an alternative method or methods to extinguish or alter the easement.
Section 6. FWRC 18.45.070 is hereby amended to read as follows:
18.45.070 Effect — Duration of approval.
(1) Approval of the altered plat by the ^'�=counet' hearing examiner shall constitute conditional
acceptance of subdivision layout and design and shall include all conditions, restrictions and
other requirements adopted by the eoun as part of plat alteration approval. City cou Hearin
examiner approval of a plat alteration shall not constitute approval for land clearing or grading,
vegetation removal, or any other activities which otherwise require permits from the city.
(2) Prior to construction of improvements pursuant to altered plat approval, engineering
drawings for public improvements shall be submitted for review and approval to the department
of public works and the Lakehaven utility district and/or city of Tacoma public utilities
department, as appropriate. No permits to begin construction or site work shall be granted until
final approval of all utility plans, including storm drainage, the payment of all pertinent fees, and
the submittal of performance securities as may be required.
(3) Conditional approval of the altered plat shall expire five years from the date of hearing
examinereity couneii approval, unless the applicant requests an extension from the hag
Ordinance No. 22-933 Page 9 of 11
examine city. The request for extension must be submitted to the department of community
development ser-viee-s—at least 60 days prior to the expiration date of the conditional plat
alteration.
(4) The depaAment of community development ser-viees shall sehedule and advei4ise a public
hearing in aceer-dance with-FWRG 1 B.35.'00r-In considering whether to grant the extension, the
hearing examine director shall consider the following it the „ublie hearing:
(a) Whether substantial progress has been made toward completion of the approved
alterations to the plat, or the initial phase of the plat, if the conditional approval of the plat
alteration included phasing.
(b) Whether conditions in the vicinity of the altered lots have changed to a sufficient degree
since initial approval to warrant reconsideration of the altered plat.
(5) The hearing examine director 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.
Section 7. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 22-933 Page 10 of 11
Section 9. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall be effective thirty (30) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 3rd day of May, 2022.
CITY OF FEDERAL WAY:
V.Fc- F KA
JoeVELL, MAYOR
ITE
ATTEST:
S ANIE COURTNE , C C, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 04/20/2022
PASSED BY THE CITY COUNCIL: 05/03/2022
PUBLISHED: 05/06/2022
EFFECTIVE DATE: 06/05/2022
ORDINANCE NO.: 22-933
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