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