Chapter 18.35
PRELIMINARY PLAT
Sections:
18.35.020 Content and form of application.
18.35.030 Conformance with applicable codes and standards.
18.35.040 Determination of completeness – Routing.
18.35.050 Time limitation for approval or disapproval of plats.
18.35.060 Completion of environmental policy process.
18.35.090 Notice of application.
18.35.100 Notice of public hearing.
18.35.110 Report to hearing examiner – Review.
18.35.130 Electronic sound recording.
18.35.150 Public comments and participation at the hearing.
18.35.160 Continuation of the hearing.
18.35.170 Decision by the hearing examiner.
18.35.190 Notice of decision on preliminary plat application.
18.35.220 Duration of approval.
18.35.010 General procedure.
The general procedure for processing an application for a subdivision is as follows:
(1) A preapplication conference between the proponent and city staff to discuss land use, site design, transportation, and environmental issues if the applicant requests it;
(2) Review of the preliminary plat application by the city staff to determine whether or not the application is acceptable for filing;
(3) Review of the proposed preliminary plat by the responsible official in order to ensure compliance with the State Environmental Policy Act, RCW 43.21C.010 et seq., the environmental policy, FWRC Title 14, and impact mitigation, Chapter 19.100 FWRC;
(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) Review of the final plat by the city staff and the Lakehaven utility district;
(6) Approval of the final plat for recording as indicated by the signature of the mayor thereon;
(7) Preliminary plat certificate not less than 90 days old from a licensed title insurance company;
(8) Additional information as required at the discretion of the director of community development services.
(Ord. No. 14-760, § 14, 3-4-14; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.30.10 – 16.30.70), 2-27-90. Code 2001 § 20-110.)
18.35.020 Content and form of application.
All preliminary plat applications must at the minimum provide the information contained within City of Federal Way Department of Community Development Services Bulletin No. 037, Preliminary Plat Submittal Requirements. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determined if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. The director may waive any sections determined to be not reasonably necessary.
(Ord. No. 10-672, § 4, 10-19-10; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.50), 2-27-90. Code 2001 § 20-111.)
18.35.030 Conformance with applicable codes and standards.
All applications for preliminary plat approval shall be in conformance with the zoning code and official zoning maps of the city. In the event an amendment to the zoning code and/or a change in the zoning maps is required to assure such conformance, the director of community development services shall require that the appropriate applications for such change be submitted so that such requests may be considered concurrently. No plat shall be approved covering any land situated in a flood control zone without the prior written approval of the Department of Ecology of the state of Washington.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.60), 2-27-90. Code 2001 § 20-112.)
18.35.040 Determination of completeness – Routing.
(1) Completeness.
(a) Within 28 calendar days of receiving an application, the city must determine whether the application is complete. To determine completeness the city shall apply FWRC 18.35.020, and determine whether the applicant has paid all fees and submitted all documents and information required to permit a full public hearing upon the merits of the application, and determine whether the director of community development services has received a notice of availability from the Lakehaven utility district and city of Tacoma public utilities department for sewer and water, as appropriate. If the city deems the application to be complete, a letter of completeness must be issued prior to the 28-day deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. An application shall be deemed complete under this section if the city does not provide a written determination to the applicant as required in this subsection.
(b) Within 14 days after an applicant has submitted the additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or whether additional information is necessary.
(c) A determination of completeness shall not preclude the city from requesting additional information or studies either at the time of the letter of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
(2) Routing. Upon issuance of a letter of completeness, the department of community development services shall transmit at least one copy of the plat for review and recommendation to each of the following:
(a) Public works department;
(b) Parks department;
(c) School District No. 210;
(d) Lakehaven utility district and city of Tacoma public utilities department, if necessary utilities will be provided by the city of Tacoma;
(e) South King Fire and Rescue;
(f) County department of public health, if septic systems are proposed for sewage disposal;
(g) Utility companies proposed to provide electricity, telephone, natural gas, cable television, and solid waste collection.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.70.10, 16.70.20), 2-27-90. Code 2001 § 20-113.)
18.35.050 Time limitation for approval or disapproval of plats.
A complete preliminary plat and any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from date of filing thereof, unless the applicant consents to an extension of such time period; provided, that the 90-day period shall not include the time spent preparing and circulating environmental documents as required.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-114.)
18.35.060 Completion of environmental policy process.
A preliminary plat application will not be scheduled for public hearing until the State Environmental Policy Act review process has been completed. If there is an appeal of the threshold determination, the appeal hearing shall be held simultaneously with the public hearing in front of the hearing examiner on the preliminary plat application. Said hearing shall be scheduled within 90 days from the date of the appeal of the threshold determination.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.80), 2-27-90. Code 2001 § 20-115.)
18.35.070 Process for review.
Upon confirmation by the director of community development services that the preliminary plat application is complete and that all pertinent requirements of the environmental policy, FWRC Title 14, have been fulfilled, the application shall be processed and reviewed as set out in FWRC 18.35.070 et seq.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.90.10 – 16.90.30), 2-27-90. Code 2001 § 20-116.)
18.35.080 Official file.
(1) Contents. The director of community development services shall compile an official file on the application containing the following:
(a) All application materials submitted by the applicant.
(b) The staff report.
(c) All written comments received on the matter.
(d) The electronic recording of the public hearing on the matter.
(e) The decision of the hearing examiner.
(f) Any other information relevant to the matter.
(2) Availability. The official file is public record. It is available for inspecting and copying in department of community development services during regular business hours.
(Ord. No. 14-760, § 15, 3-4-14; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-117.)
18.35.090 Notice of application.
(1) Contents. Within 14 days of the letter of completeness being issued, the director of community development services shall prepare and publish a notice of application within the local newspaper of general circulation. The notice of application shall contain the following:
(a) The name of the applicant and, if applicable, the project name.
(b) The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(c) The citation of the provision of this title describing the applied-for decision and, to the extent known by the city, any other permits which are not included in the application.
(d) A brief description of the requested decision.
(e) A list of the project permits included in the application and, if applicable, a list of all required studies submitted with the application.
(f) The date of application, the date of the notice of completion of the application, and the date of the notice of the application.
(g) A statement that notification of the public hearing date will occur approximately 15 days prior to the scheduled hearing date.
(h) A statement of the availability of the official file.
(i) A statement of the right of any person to submit written comments to the hearing examiner and appear at the public hearing of the hearing examiner to give comments orally.
(j) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed.
(k) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040.
(2) Distribution. The director of community development services shall distribute this notice 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.
(b) If the owner of the property which is proposed to be subdivided owns another parcel, or parcels, of property which lie adjacent to the property proposed to be subdivided, notice of application shall be given to owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels of property owned by the owner of the property proposed to be subdivided.
(c) A copy shall be mailed to appropriate city or county officials if the proposed plat lies within one mile of an adjoining city or county boundary.
(d) A copy shall be mailed to all agencies or private companies who received copies of the preliminary plat pursuant to FWRC 18.35.040.
(e) Notice shall be mailed to the State Department of Transportation if the proposed plat abuts a state highway.
(f) A copy will be published in the official daily newspaper of the city.
(g) A copy will be posted on the city website.
(3) 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 if he or she determines that this is appropriate to provide notice to the public.
(4) Timing. The public notification sign or signs must be in place at least 14 calendar days after the letter of completeness has been issued, and removed within seven calendar days after the final decision of the city on the matter.
(Ord. No. 20-898, § 7, 10-20-20; Ord. No. 14-760, § 16, 3-4-14; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 00-375, § 8, 10-3-00; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-118.)
18.35.100 Notice of public hearing.
(1) Contents. At least 15 calendar days prior to the date of the public hearing, the director of community development services shall distribute a public notice in essentially the same form as the notice of application, except that a public hearing date will be scheduled.
(2) Distribution. The public notice shall be mailed to all persons and agencies who received the original notice of application. The notice shall also be mailed to the official weekly newspaper of the city with a request that the hearing be noted on their calendar of events. In addition, any person specifically requesting to be notified or who submitted comments as a result of the notice of application shall be notified at this time.
(3) Public notification sign. The director of community development services shall have changes made to the public notification sign or signs erected at the time of notice of application to reflect any changes in the application, including the scheduled date of the public hearing.
(4) Timing. The public notification sign or signs must be removed within seven calendar days after the final decision of the city on the matter.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-119.)
18.35.110 Report to hearing examiner – Review.
(1) No less than seven days prior to the date of the public hearing, the department of community development services shall submit to the hearing examiner a written report summarizing the application. The report shall contain the following information:
(a) All pertinent application materials.
(b) An analysis of the application under the relevant provisions of this title and the comprehensive plan.
(c) A statement of the facts found by the director of community development services and the conclusions drawn from those facts.
(d) A notice of availability from the Lakehaven utility district and city of Tacoma public utilities department as appropriate.
(e) 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.
(f) 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.
(g) 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.
(h) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, or draft environmental impact statement and final environmental impact statement along with a list of any required mitigation measures issued by the responsible official.
(2) The hearing examiner shall review the preliminary plat for compliance with FWRC 18.05.020, decisional criteria in FWRC 18.35.170, design criteria and development standards in Chapter 18.55 FWRC and FWRC 18.60.030 through 18.60.120, any other applicable ordinances or regulations of the city and Chapter 58.17 RCW.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.100.10, 16.100.20), 2-27-90. Code 2001 § 20-120.)
18.35.120 Public hearing.
(1) General. The hearing examiner shall hold an open record hearing on each application.
(2) Open to public. The hearings of the hearing examiner are open to the public.
(3) Effect. The hearing of the hearing examiner is the open record hearing for city council on the application. The city council shall not hold another open record hearing on the application.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-121.)
18.35.130 Electronic sound recording.
The hearing examiner shall make a complete electronic sound recording of each public hearing.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-122.)
18.35.140 Burden of proof.
The applicant has the responsibility of convincing the city that, under the provision of this chapter, the applicant is entitled to the requested decision.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-123.)
18.35.150 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. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-124.)
18.35.160 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. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-125.)
18.35.170 Decision by the hearing examiner.
(1) Generally. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision.
(2) Timing. Unless a longer period is mutually agreed to by the applicant and the hearing examiner, the hearing examiner must issue the decision not later than 10 working days following conclusion of all testimony and hearings.
(3) Decisional criteria. The hearing examiner shall use the following criteria in reviewing the preliminary plat and may grant approval of the plat if:
(a) It is consistent with the comprehensive plan;
(b) It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan;
(c) It is consistent with public health, safety, and welfare;
(d) It is consistent with criteria listed in FWRC 18.05.020; and
(e) It is consistent with the development standards listed in Chapter 18.55 FWRC, and FWRC 18.60.030 through 18.60.120.
(4) Conditions and restrictions. The hearing examiner shall include in the written decision any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application.
(5) Contents. The hearing examiner shall include the following in the written decision:
(a) A statement of facts presented to the hearing examiner that supports his or her decision, including any conditions and restrictions.
(b) A statement of the hearing examiner’s conclusions based on those facts.
(c) A statement of criteria used by the hearing examiner in making the decision.
(d) The date of issuance of the decision.
(Ord. No. 14-760, § 17, 3-4-14; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-126.)
18.35.190 Notice of decision on preliminary plat application.
(1) General. Following the preliminary decision by the hearing examiner, the director of community development services shall prepare a notice of the hearing examiner’s decision on the preliminary plat application.
(2) Distribution. Within 10 working days after the hearing examiner’s decision is made, the director of community development services shall distribute a copy of the notice of the final decision as follows:
(a) A copy will be sent to the applicant.
(b) A copy will be sent to any person who submitted written or oral comments to the hearing examiner.
(c) A copy will be sent to each person who has specifically requested it.
(3) Contents. The director of community development services shall include in the notice of the final decision the following:
(a) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW.
(b) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.
(Ord. No. 14-760, § 19, 3-4-14; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-128.)
18.35.200 Effect of decision.
(1) Final decision. The hearing examiner’s decision shall be the city’s final decision on the preliminary plat application.
(2) Effect on applicant. Prior to construction of improvements pursuant to preliminary plat approval, engineering drawings for public improvements shall be submitted for review and approval to the department of public works and the Lakehaven utility district and city of Tacoma public utilities department. The applicant may not engage in any activity based on the decision, including construction or site work, until final approval of all engineering and utility plans, including storm drainage, the payment of all pertinent fees, the submittal of performance and maintenance securities as may be required, and a preconstruction meeting has been held.
(3) Effect on city. Approval of the preliminary plat by the hearing examiner shall constitute acceptance of subdivision layout and design and shall include all conditions, restrictions, and other requirements adopted by the hearing examiner as part of plat approval. Hearing examiner approval of a preliminary plat shall not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require permits from the city.
(Ord. No. 14-760, § 20, 3-4-14; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-129.)
18.35.210 Judicial review.
The action of the city in granting or denying an application under this chapter may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days of issuance of the city’s final decision on the preliminary plat application. Standing to bring the action is limited to the following parties:
(1) The applicant or owner of the property on which the subdivision is proposed;
(2) Any property owner within 300 feet of the proposal;
(3) Any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.
(Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 20-130.)
18.35.220 Duration of approval.
Preliminary plat approval shall expire five years from the date of hearing examiner approval, unless the applicant requests an extension as provided in FWRC 18.05.090.
(Ord. No. 14-760, § 21, 3-4-14; Ord. No. 09-624, § 7, 9-15-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.120.10 – 16.120.50), 2-27-90. Code 2001 § 20-131.)