Division II. Development Process

Chapter 19.40


19.40.010    Generally.

19.40.020    Purposes of review.

19.40.030    Exceptions.

19.40.040    Conduct of the review.

19.40.050    Administrative guidelines.

19.40.060    Applications.

19.40.070    Timing.

19.40.080    Other authority not affected.

19.40.090    Responsibility of applicants.

19.40.010 Generally.

Except as specified in FWRC 19.40.030, every applicant for a development permit must undergo a preapplication conference under this chapter and is subject to the provisions of this chapter. Development permit applications subject to the provisions of this chapter shall not be accepted by the director of community development services unless the applicant or the applicant’s representative has requested and attended a preapplication conference.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1651.)

19.40.020 Purposes of review.

The preapplication conference has the following purposes:

(1) To generally 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 legal and/or code-related issues that may arise during subsequent review of a development permit application. The preapplication review shall not prevent the city or other agencies from applying all relevant laws to the application; and

(2) To acquaint city and other agency staff with a sufficient level of detail about the proposed development in order to assist them in reviewing the application when received.

The quality, 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.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1652.)

19.40.030 Exceptions.

The following actions are exempt from the provisions of this chapter:

(1) Development proposals and permits listed in FWRC 19.15.010(3)(b). Preapplication conferences for such proposals and permits are optional. Optional preapplication conferences will be scheduled by the director on a time-available basis.

(2) Projects that are granted a written waiver by the director of community development services based on the following procedure:

(a) The applicant submits a written request to the director of community development services for a waiver from the requirement to undergo a preapplication conference based on one or more of the following criteria:

(i) The simple nature of the proposal;

(ii) The project would be severely impacted by the preapplication process due to time or financial constraints outside the control of the applicant;

(iii) The site has previously undergone preapplication, 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;

(iv) The director determines preapplication review is not in the best interest of the city or applicant.

(b) The applicant is advised in writing that waiver of preapplication review increases the risk of the application being incomplete or that the processing time will be increased.

(Ord. No. 07-573, § 50, 12-4-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1653.)

19.40.040 Conduct of the review.

The director of community development services shall coordinate the involvement of city and agency staff responsible for development review including planning, building, fire, utilities, roads, drainage, parks, and other subjects, as appropriate, in the preapplication review process. Relevant staff shall attend the preapplication conference or shall take other steps to fulfill the purposes of preapplication review.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1654.)

19.40.050 Administrative guidelines.

The mayor is authorized to adopt administrative guidelines to implement the provisions of this chapter. These administrative guidelines will be used in the preapplication review and have the full force and effect as if they were set forth in this title, and shall be on file in the department of community development services.

(Ord. No. 10-669, § 67, 9-21-10; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1655.)

19.40.060 Applications.

(1) Who may apply. Any person may, personally or through an agent, apply for a conference.

(2) How to apply. The applicant shall file a completed application and any required fee with the department of community development services on the form provided by the department. Any fee imposed will be credited toward the application fee at time of formal application. The applicant 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.

(3) Director authority. The director may modify requirements for preapplication materials and may conduct a preapplication review with less than all of the required information. However, failure to provide all of the required information may prevent the city from identifying all applicable issues or providing the most effective preapplication review.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1656.)

19.40.070 Timing.

(1) Scheduling of preapplication conference. Within five working days after receipt of a complete preapplication, the department of community development services shall notify the applicant of the date, time, and location of the preapplication conference.

(2) Preapplication meeting summary. The department shall mail the applicant and other parties a written summary of the preapplication review. The written summary shall provide the following information to the extent possible given the information provided by the applicant:

(a) Summarize the proposed applications;

(b) Identify relevant city approval procedures, decisional criteria and development standards;

(c) Evaluate information the applicant submitted and identify specific modifications or additional information that is needed to respond to relevant criteria and standards or is recommended to respond to other issues;

(d) Identify applicable application fees and time frames;

(e) Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:

(i) Comprehensive plan map designation and zoning;

(ii) Environmentally sensitive areas;

(iii) Public facilities and services that will serve the site and relevant service considerations;

(iv) Other development permit applications already on file with the department of community development services and which may affect or be affected by the proposed development; and

(v) Requirements for a complete application.

(3) Subsequent request for preapplication review. An applicant may submit a written request for subsequent preapplication conference for the same site or project at any time. A request for subsequent preapplication review shall be subject to the same submittal requirements and procedures outlined in this chapter including payment of all required application fees.

(4) Expiration. Preapplication review does not vest an application. 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.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1657.)

19.40.080 Other authority not affected.

A preapplication conference shall not be construed to constitute acceptance, approval, conditional approval, denial, public notice, or any other decision or action whatsoever nor shall it affect in any way the city’s authority under other provisions of this title.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1658.)

19.40.090 Responsibility of applicants.

Regardless of any preapplication conference or any subsequent review, approval, inspection, or other actions of the city, it is the responsibility of the applicant to ensure that all work, actions, or conditions on the subject property complies with the Federal Way Revised Code, other applicable laws, and any permits and/or approvals granted concerning the subject property.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1659.)