Loading...
Ord 93-191 ORDINANCE NO. 93-191 AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON, PROVIDING FOR A PROCESS FOR ALTERATION OF SUBDIVISIONS, ADDING A NEW DIVISION 7, "PLAT ALTERATIONS," SECTION 20.140, ET AL., OF THE FEDERAL WAY CITY CODE. WHEREAS, the city Council of the City of Federal Way in its city Code has established a process for plat approval, including boundary line adjustments, binding site plans, short subdivision plats, preliminary plats, and final plats; and WHEREAS, the Federal Way City Code currently does not provide for a process for alterations of subdivisions; and WHEREAS, RCW 58.17.215 authorizes jurisdictions to determine the public use and interest in any proposed subdivision alteration and to deny or approve the application for alteration; and WHEREAS, establishing a codified city process for this land use action would be in the best interests of the public's health, safety and welfare, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new Division 7, Section 20-l40, et al., is added to the Federal Way City Code, as follows: Ord.#93-191, Page - 1 COP" I section l40. Division 7 - Alterations of Plats. Plat Alteration Distinquished From Boundarv Line Adiustment. 1& Applications for shall be t:lrocessed revisions to plats t:lursuant to the procedure for alterations of plats. and shall not be considered boundarv line adiustments. as defined in Section 20-4l. if anv one of the followinq threshold criteria are met: ill The proposed result in the relocation of anv internal private street access revision will or public point to an exterior street from the plat. or an increase in the number of sinqle-familv drivewav access points accordinq to the followinq threshold criteria: # of Relocated Drivewavs lor more lor more lor more 2 or more 3 or more 3 or more Ord.# 93-191, Page - 2 Affected Street princit:lal Arterial Minor Arterial Collector Arterial Residential Collector Neiqhborhood Access Cul-de-Sac: l.!2l 1..çl .ù!l. ill The chanqe will result in anv loss of open space area or bufferinq Drovided in the plat: or ill The city determines that the chanqe will or in result increase any adverse impacts or undesirable effects of the proiect and the chanqe alters the not be construed as siqnificantlv proiect. This section shall applvinq to the. alteration or replattinq of any plat of state qranted tide or shorelines. This section shall not applY to alterations or reconficrorations subdivisions. short to as short subdivisions are defined in FWCC 20-l: provided. however. that this exception shall not if the short subdivision is owned bv the owner of a or parcel at the time of aDPlv simultaneous Iv conticroous lot application. As used in this "plat alteration" chapter shall also include reconficrorations of leqallv created platted or leqallv created unplatted lots. or both. Ord.#93-191, Page - 3 Section 141. Alteration Application. When anv person is interested in the alteration of anv subdivision or the a1terincr of oortion thereof. anv exceot as provided for in FWCC Sections 20-41 throuqh 20-44. that person shall submit aoplication to an request the alteration to the citv. 1& 1!ù. Siqnators. The application shall contain the siqnatures of the maioritv of those persons havinq an ownership interest of lots. tracts. parcels. sites or division in the subiect subdivision or a portion to be altered. If the subdivision is subiect 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 covenant. the application shall a contain an aareement siqned bv all oarties subiect to the covenants providinq that the parties aqree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. ComÐleted AÐÐ1ication como1eted Defined. A application shall be as required for preliminarv plats. pursuant to FWCC section 20-107. section 142. 1& Acceptance of Application. Routincr. Upon submittal of a completed Application for Alteration of Plat. the Department of Cornmunitv Development shall transmit at Ord.#93-191 , Page - 4 least one copv of the Application for Alteration for review and recommendation to each of the followinq: ill l.ll Public Works Department: Federal Way Water and Sewer District and/or city of Tacoma Public utility Department and/or other utility district. as appropriate: ill .ti.l. Fire District #39: Countv Department of Public Health. if septic systems are proposed for sewaqe disposal: 1..2.1. Federal Way School District #210: and l.§.l Buildinq Department: l.1.l Other individuals or iurisdictions as deemed appropriate bv Director. An Application for Plat Alteration shall 1.!2l not be accepted for filinq for the purpose of official processinq until: ill The Director of communitv Development Services determines that the applicant has paid all fees and submitted all documents and information as Ord.#93-191, Page - 5 required herein to Dermit a full public hearina on the merits of the aDDlication: and .ill- The Director of Communitv Development Services has received a Notice of Avail- ability from the Federal Wav Water and Sewer District and/or city of Tacoma Public utilities Department. for sewer and water and/or other aDD1icable utility district. as approDriate. Section 143. Process for Review and Notice of Public Hearinq. 1& Upon confirmation bv the Director of Comrnunitv Development Services that the plat alteration application is complete and that all pertinent requirements to the environmental policy. section 18-26. et sea. . have been fulfilled. the application shall be processed and reviewed followinq the procedures defined in Process III. section 22-476. et sea. Notice of the hearina shall be mailed to 1.!ù. the appropriate citv or county officials if their proposed plat alteration lies within five hundred (500) feet of the ord.#93-191, Page - 6 .1..£l adioininq citv or countv boundarv. and to all aqencies private companies or pursuant to Section 20-142(a) herein. Additionallv. notice shall be mailed to the State Department of Transportation if the plat proposed to be altered abuts a state hiqhwav. All notices section required in this shall clearlv describe in lavperson's terms the nature of the request. the location of the proposal. the date. time and location of the hearinq. and address and telephone number where additional information mav be obtained relative to the application. section 144. .!.& Report to Hearinq Examiner: Review. No less than seven (7) davs prior to the date of the public hearinq. the Depart- ment Communitv of Development shall submit to the Hearinq Examiner a.written report summarizinq the Application for Plat Alteration. The report shall contain. in addition to the requirements in Process III. Section 22-476. et seq.. the followinq information: l..li A notice of availabilitv from the Federal Wav Water and Sewer Ord.#~, Page - 7 .ill. i.ll .ill. .L2.l Ord.# 93-191, Page - 8 District and/or city of Tacoma Public utilities Department or other applicable utility department. as appropriate. If the subdivision is to contain septic svstem. a a letter from the county department public of health reaardinq the adequacy and safety of such a system. All communications from other aqencies or individuals relatina the application to which were received in time to be included in the report to the Hearinq Examiner. A list of recommendations from the Community Department of Development. Department of Public Works and other appro- priate departments relatina to alterations conditions of or plat approval. A COpy of the declaration of nonsiqnificance. mitiqated declaration of nonsiqnificance. draft environmental impact statement and final environ- mental imoact statements. as applicable. alona with a list of any required mitiqation measures issued by the Responsible Official. if required. .LQl The Hearina Examiner shall review the Application for Plat Alteration for compliance with Section 20-2 (purpose). and the fo11owina selected desian criteria: .Lll Section 20-151 - Desiqn: .Lll section 20-152 - Lot Desian: ill section 20-153 - Densitv: i.tl. section 20-155 - Open Space: .ill. section 20-156 - Pedestrian and Bicvcle Access: i2l The Hearina Examiner shall also review the Application for Plat Alteration for compliance with the followina development standards: .Lll section 20-l76 Street Improvements and Dedication of Riaht-of-Wavs and/or Easements: .ill. section 20-177 Density Requ1ations: Ord.#93-191, Page - 9 ill ill .ill. .L2.l 11J.. III ill section 20-180 streets and Riqht of Wavs: section 20-181 - Water: Section 20-182 - Sewer Disposal: section 20-183 - Storm Drainaqe: section 20-184 other utilities: section 20-185 - Street Liqhts: provided. however. that the aPD1ication of FWCC 20-185 shall aPD1v on1v to new road-wavs proposed result of the as a alteration to the plat: Section 20-187 - Monuments. 191 The Hearinq Examiner shall also review the ADDlication for Alteration for Plat compliance with applicable anv other ordinances or reaulations of the Citv and Chapter 58.17 RCW. igl If anv land within the alteration is part of an assessment district. anvoutstandinq levied assessment shall be eauitab1v divided and aqainst remaininq the lots. parcels. tracts. or be levied equitablv on the lots resultinq from the alteration. If anv land within the alteration contains a dedication to the qeneral use of persons Ord.# 93-191, Page - 10 residina within the subdivision. such land may be altered and divided equitablY between the ad;acent prooerties. Section l45. city Council Review. Action. city Council review of Hearinq Examiner recommendations on aoolications for olat alterations shall follow that procedure established in Section 20-l13. city Council Review. Action for Preliminary Plat Applications. section 146. Affect: Duration Aporoval. igl Approval of the altered plat bY the city council shall constitute conditional acceptance of subdivision layout and desian and shall include all conditions. restrictions and other requirements adopted bv the Council as part of olat alteration approval. city Council approval of a plat alteration shall not constitute approval for land clearinq or aradina. veqetation removal or any other activities which otherwise require permits from the city. 1!ù. Prior to construction of imorovements pursuant to altered plat approval. enqineerina drawinqs for public improvements shall be submitted for review and approval to the Department of Public Works and the Federal Way Water and Sewer Ord.#~, Page - 11 District and/or city of Tacoma Public utilities Department. as appropriate. No permits to beain construction or site work shall be aranted until final approval of all utility plans. includinq storm drainaae. the Davrnent of all Dertinent fees and the submittal of performance securities as may be reauired. 1£l Conditional approval of the altered Dlat shall expire three vears from the date of city council approval unless substantial proqress has been made toward completion of the approved alterations to the plat. or the initial Dhase of the aDDroved alterations to the plat. if the conditional approval included phasinq. In the event the applicant has not made substantial proqress toward comDletion of the aDDroved alterations to the Dlat. the applicant mav request an extension from the hearinq examiner. The reauest for extension must be submitted to the Department of Community Development at least 30 days prior to the expiration date of the conditional plat alteration. .úil In considerinq whether to qrant the extension. the hearinq examiner shall Ord.#~, Page - 12 consider whether conditions in the vicinity of the altered lots have chanqed to a sufficient deqree since conditional approval of the alteration to warrant reconsideration. If the hearinq examiner deems such reconsideration is warranted. a public hearina shall be scheduled and advertised in accordance with FWCC Section 143(b). 19l The hearinq examiner mav qrant a one-year extension of the conditional approval of the plat alteration or mav allow division of the altered plat into separate phases. each with an expiration date and no further opportunitv for extension. section 147. After approval of the alteration and satisfaction of all approval necessary per section 146 (b). the leqislative body shall order the applicant to produce a final drawinq of the approved alteration of the final plat. The requirements for the final drawinq shall be as required for final plats. pursuant to FWCC Section 20-132. After siqnature of the leqislative authority. the final drawinq shall be filed with the County Auditor to become the lawful plat of the property. section 2. Severability. If any section, subsection, clause or phrase of the sections herein are for any reason held to be invalid or unconstitutional, such invalidity or Ord.#~, Page - 13 unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the chapter. section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. section 4. 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 ~ day of November , 19....2.3....-. ~TY OF FEDERAL WAY ~~~i!df¿'Æ~k . SWANEY, CMC ~Pø ro cìTY ATTORNEY, FORM: CAROLYN A. LAKE FILED WITH THE CITY CLERK: October 13, 1993 PASSED BY THE CITY COUNCIL: November 9, 1993 PUBLISHED: November 13, 1993 EFFECTIVE DATE: December 9, 1993 ORDINANCE NO. q1-]q] MARYK\ORDIPLAT.ALT Ord.# 93-191, Page - 14