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2020-08-19 Planning Commission PacketCommissioners City Staff Lawson Bronson, Chair Tom Medhurst, Vice-Chair Robert “Doc” Hansen, Planning Manager Wayne Carlson Hope Elder E. Tina Piety, Administrative Assistant Dawn Meader McCausland Tim O’Neil 253-835-2601 Diana Noble-Gulliford Dale Couture, Alternate www.cityoffederalway.com Eric Olsen, Alternate K:\PLN Planning Commission\2020\Agenda\Agenda 08-19-20.doc City of Federal Way PLANNING COMMISSION August 19, 2020, 6:30 p.m. City Hall, Zoom Meeting AGENDA Notice: Pursuant to Governor Inslee’s Proclamation 20-28, all in-person meetings are prohibited until further notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral testimony. To access these options please use the following: Click here for a form to sign-up to give citizen comment during the meeting (via telephone, number below) / you will be given access during the public testimony portion (we request you sign up at least 2 hours before the meeting starts). Click Here to submit written comments to the Planning Commission (we request you submit them at least 2 hours before the meeting starts); please reference “Planning Commission Meeting – August 5th Please click the link below to join the webinar: https://cityoffederalway.zoom.us/j/91558684637?pwd=TEJnRFlOSTZZc0NlTVJGdXlRUDJXdz09 Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 915 5868 4637 Watch from the Zoom mobile app with meeting: 915 5868 4637 and password: 371382 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Planning Commission Meeting of August 5, 2020 4. PUBLIC COMMENT 5. COMMISSION BUSINESS a. Public Hearing – 2020 Proposed Comprehensive Plan Amendment and Rezone, Shelter Resources Property from RS-7.2 to High Density, Multiple Family Classification, and RM 1800 b. Discussion – Proposed Minor Code Amendments 6. STAFF BUSINESS a. Manager’s Report 7. NEXT MEETING a. September 2, 2020, 6:30 p.m. 8. ADJOURNMENT Planning Commission Meeting Minutes August 5, 2020 Planning Commission Minutes Page 1 August 5, 2020 CITY OF FEDERAL WAY PLANNING COMMISSION August 5, 2020 City Hall 6:30 p.m. Zoom MEETING MINUTES Commissioners present: Lawson Bronson, Tom Medhurst, Wayne Carlson, Dawn Meader McCausland, Diana Noble-Gulliford, Tim O’Neil, Dale Couture, and Eric Olsen. Commissioners absent: Hope Elder. City Staff present: Planning Manager Robert “Doc” Hansen, Assistant City Attorney Eric Rhoades, and Administrative Assistant II Tina Piety. Also: Erika Rhett, AICP, Berk Consulting. CALL TO ORDER Chair Bronson called the meeting to order at 6:37 P.M. MINUTES The July 15, 2020, minutes were approved as presented. PUBLIC COMMENT None COMMISSION BUSINESS a. Discussion: Housing Action Plan – Planning Manager Hansen introduced Erika Rhett from Berk Consulting, who delivered the staff presentation. She stated that Econ NW compiled the statistics for all South King County jurisdictions taking part in the study. Berk is developing the housing plan specific to Federal Way using Econ NW’s statistics specific to Federal Way as the base. One of the purposes of the housing plan is to discover if the city has housing that meets all stages of life. They will perform a housing needs assessment and will use that to develop policies and an implementation plan. There will be an advisory committee and stakeholders’ group of all communities and agencies impacted by housing issues. The deadline for the City Council’s adoption is June 2021. Currently, Berk plans to have six meetings for stakeholders and six for the advisory committee. There will also be public meetings and they will use various means to inform the public of the process. The Housing Action Plan will be used to understand what type of housing is needed in Federal Way; will evaluate the current city influences on housing; and will identify strategies to better meet community needs. The Housing Needs Assessment looks at the city’s housing inventory; affordability and cost-burden; demographics; existing and future demand; displacement; and includes a gap analysis. The plan’s process is to review existing policies and standards; assess housing options and preferences; identify policies and strategies; and determine implementation measures. Planning Commission Minutes Page 2 August 5, 2020 Discussion was held concerning the makeup of the stakeholders’ group and advisory committee. Commissioners made suggestions of who to include; such as mortgage lenders, trade professionals, and the city’s various ethnic communities. Commissioner O’Neil expressed concern that he didn’t find any mention of the influence of the market on housing and vice versa. Ms. Rhett responded that study of the market is part of the housing needs assessment. Commissioner Meader McCausland asked what is the scope of the plan? Will it go down to zoning and environmental suggestions for specific neighborhoods? Ms. Rhett replied it will likely be broader then that. But they will consider such specifics. STAFF BUSINESS a. Manager’s Report – Manager Hansen reminded the Commission that our next meeting will be a public hearing on a proposed comprehensive plan amendment and rezone. On September 2nd we will have a public hearing on minor code amendments. NEXT MEETING August 19, 2020, 6:30 p.m., Zoom Meeting ADJOURN The meeting adjourned at 8:00 P.M. K:\Planning Commission\2016\Meeting Summary 08-05-20.doc Planning Commission Public Hearing 2020 Proposed Comprehensive Plan Amendment and Rezone, Shelter Resources Property from RS-7.2 to High Density, Multiple Family Classification, and RM 1800 Planning Commission Staff Report August 19, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 1 of 7 PLANNING COMMISSION STAFF REPORT August 19, 2020 TO: Lawson Bronson, Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director Robert “Doc” Hansen, Planning Manager SUBJECT: File 16-105018-UP: 2020 Proposed Comprehensive Plan Amendment and Rezone, Shelter Resources Property from RS-7.2 to High Density, Multiple Family Classification, and RM 1800. I. INTRODUCTION Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen-initiated requests on an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the comprehensive plan. The governing body shall consider all proposals concurrently so that the cumulative effect of the various proposals can be ascertained. Shelter Resources, Inc. re-submitted a request for a comprehensive plan amendment and rezone on September 19, 2019, to change the designations of parcels #720480-0172 and #720480-0174 from Single-Family High Density Residential and Single-Family (RS 7.2, one unit per 7,200 square feet) to Multifamily Residential and Multifamily (RM 1800, one unit per 1,800 square feet). Shelter Resources, Inc. is requesting the comprehensive plan designation and rezone in order to allow transit-oriented multifamily housing as the parcels are within one half mile of the planned 272nd Sound Transit Light Rail Station, which will be constructed in 2024 at the existing Star Lake Park and Ride, located adjacent to the intersection of I-5 and South 272nd Street. These parcels do not front on a public street. However, the applicant has acquired the Silver Shadow Apartments which is adjacent to the west, in order to provide the necessary access to parcels #720480-0172 and #720480-0174. II. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; Planning Commission Staff Report August 19, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 2 of 7 2. To determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC 19.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. III. PROCEDURAL SUMMARY Steps Date Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) March 13, 2020 End of SEPA Comment Period March 27, 2020 End of SEPA Appeal Period April 17, 2020 Public Hearing before the Planning Commission July 15, 2020 LUTC Meeting August 3, 2020 City Council 1st Reading September 1, 2020 City Council 2nd Reading September 15, 2020 IV. BACKGROUND AND PROJECT DESCRIPTION The land requested for rezone is 3.5 acres in size and is now vacant. The parcel has no direct access to any city street, and its land-locked situation is most likely the reason that the land has not been developed. In 2017, Shelter Resources, Inc. wanted the land being considered for rezone to be used for a potential multiple-family, transit-oriented development and made application for rezone. The property does not front on a public street, and there was no documented access point to Pacific Highway South when the application was made. Access had to be secured before the site would be suitable for the requested RM 1800 zoning. The land owners indicated that they would eventually obtain public access by the time of the public hearing, and the city submitted the proposal to the state’s Department of Commerce for review of the proposal and its adherence to RCW 36.70A, the Growth Management Act. No issues were raised by the Department of Commerce and it is considered to have been reviewed by the state. Since the first application was made, the applicants for the proposal have secured public access to the property through an existing multiple-family development. Such access was not available when the application was first made in 2018, which prevented the city from processing the request. Land Use An existing multiple family residential development is located adjacent and west of the proposed rezone/comprehensive plan site, similar to the request made by the applicants. A Metro Transit Park and Ride area is located north of the site and is zoned Business Commercial (BC). Land at the northeast point of the site is zoned RM 1800 and is developed with multifamily housing. Land directly east of the proposed change is zoned RS 7.2 and is vacant. Approximately 200 feet Planning Commission Staff Report August 19, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 3 of 7 southeast from the southeastern corner of the proposed rezone site is a single-family subdivision, which has been developed and is zoned RS 7.2. Land directly south and adjacent of the site is vacant and zoned 7.2. The single-family development located southeast of the proposal is buffered from this site by wetlands and a Native Growth Protection Easement (NGPE), where development is prohibited. Multi-family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the requested RM 1800 zone. The applicant is requesting a comprehensive plan designation and rezone in order to allow transit-oriented multi-family housing as the parcel is within one half mile of the planned 272nd Sound Transit Light Rail Station. The station is planned to be operating by 2024 at the existing Star Lake Park and Ride located adjacent to the intersection of I-5 and South 272nd Street. V. COMPLIANCE WITH THE COMPREHENSIVE PLAN The property proposed to be rezoned is now within a Single-Family High-Density Residential plan classification. Applicants request to be within a multifamily classification allowing the proposed multi-family development. According to FWRC 19.80.140, the city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. There are no environmental restrictions to development here. There is a steep slope to the east of the site. Rigorous, existing stormwater and development standards will reduce the impact of development. An additional 120 units is expected to increase traffic by approximately 8500 vehicle trips per day, assuming 7 trips per unit. (2) The effect on open space, streams, and lakes. Please refer to the above. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Multiple family development will be compatible with the neighborhood area. Existing multi- family development exists to the west and northeast of the project. The commercial land use along Pacific Highway South has a high-density potential that is conducive to such development. The zone classification will be compatible with surrounding environment. The open space area to the east contains a wetland that may remain undeveloped; thereby, providing a buffer between the existing single-family housing in the RS 7.2 zone, and the proposed multiple family development. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. Existing sewer and water capital facilities exist adjacent to the development adequate to service any potential development. Access has been provided to the site which will provide an appropriate entrance to a proposed development. Any project is subject to transportation and school impact fees designed to address impact upon these facilities. Planning Commission Staff Report August 19, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 4 of 7 (5) The benefit to the neighborhood, city, and region. The proposed zone and amendment provide opportunity for development of additional housing needed within the city as encouraged by the comprehensive plan. Existing land uses surrounding the proposal are compatible with development that may result from the action of the amendment. Any development would be Transit Oriented Development (TOD) by locating next to the transit station located to the north of the site. Single-family development to the east of the site will be buffered by native vegetation expected to remain. Any development within the space will meet objectives and policies for provision of adequate housing, for compatible development, and appropriate land use. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. The site is near mass transportation and has adequate physical public facilities (road, water, and sewer) to accommodate high density development. (7) The current and projected population density in the area. This proposed amendment will allow additional provision/production of needed high-density housing for existing and future populations. The site exists near and adjacent to high-density development, making it compatible with the surrounding environment. (8) The effect upon other aspects of the comprehensive plan. Approval of this proposal fulfills and meets relevant land use, capital facilities, housing, environmental, and transportation policies within the adopted comprehensive plan (see item 3 below per FWRC 19.80.150). Per FWRC 19.80.150, the city may amend the comprehensive plan only if it finds that the proposal meets the criteria for amending the comprehensive plan, including: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; The proposed amendment and rezone enable the development of needed housing within the City of Federal Way. (2) The proposed amendment is in the best interest of the residents of the city. Please see the responses under Sections V(1)(2) and (5). (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city’s adopted plan not affected by the amendments. The proposed category and zone reclassification are consistent with policies listed in Chapter 5 of the 2015 Federal Way Comprehensive Plan. Specifically, the following policies are relevant to the proposal being made: LUP 21 Support multi-family development with transportation and capital facilities improvements. Planning Commission Staff Report August 19, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 5 of 7 The proposal is located adjacent to a transit stop, making it a transit-oriented development, and providing potential residents access to public transportation. HP13 Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and minimize impacts on surrounding development. The proposal will be designed to provide the needed housing while maintaining the compatibility of the neighborhood. It will provide a housing buffer between an existing single-family neighborhood to the southeast and the multiple family development to the west and northeast. Any development in the rezoned area will meet design standards required in FWRC 19.115 to insure compatibility. HG5 Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and the needs of the community. Two CWPP are significant to this development including: H-9 plan for housing that is accessible to major employment centers and affordable to the workforce in them so people of all incomes can live near or within reasonable commuting distance of their places of work. Encourage housing production at a level that improves the balance of housing to employment throughout the county. T-12 address the needs of non-driving populations in the development and management of local and regional transportation systems. The proposed project is located near a public transit station allowing low income residents to access to public transportation throughout the region and therefore, access to employment and shopping. HP21 Promote fair housing access to all persons without discrimination. The proposed project is intended to provide housing on the basis of income and not upon any social status, thereby avoiding any discrimination issues. HP22 As required by the CWPPs, maintain sufficient land supply and adequate zoning within the City to accommodate those types of housing consistent with the City’s affordable housing targets. Land for the development of all housing is scarce and this property has not been developed largely due to the non-access of the property to any street. Since the project proponents obtained access to the property, the development will aid in the development of affordable and in reaching low income housing objectives. VI. COMPLIANCE WITH FWRC 19.75.130(3) Site-specific requests are also required to be evaluated for compliance with this section. 1) The city may approve the application only if it finds that: Planning Commission Staff Report August 19, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 6 of 7 a. The proposed request is in the best interests of the residents of the city. Provision of affordable housing is a main objective within the city’s comprehensive plan, and the proponents initiating the reclassification and rezone have a primary purpose of providing affordable housing for all ages. The proponents will eventually apply for a project providing needed affordable housing. b. The proposed request is appropriate because either: (i) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a change in designation is within the public interest; or Demand for affordable housing and all housing has increased dramatically since the adoption of the plan. Average housing cost in 2015 was $289,100, increasing to $362,100 in 2018, a 12% percent increase and demonstrating a need for rental, multifamily dwellings. The proposed reclassification will permit of expanded affordable housing. (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established. In relation to item (ii) above, the proposal is not intended to “correct” any inappropriate zone classification. c. It is consistent with the comprehensive plan. The proposal is designated for High-Density Residential in the comprehensive plan. The proposal will reclassify the site to “Multiple Family,” which is in the nature of “high- density” multifamily development (see the expanded response in V.19.80.150[3] above.). d. It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan. If this request is granted, any future development will be required to comply with all city regulations, including those adopted by reference from the comprehensive plan. e. It is consistent with the public health, safety, and welfare. The proposed amendment provides opportunity for development of affordable housing, similar to the project proponents have discussed. Provision of any affordable housing is consistent with meeting public welfare. All development will meet current codes and regulations to protect public safety. Planning Commission Staff Report August 19, 2020 Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 7 of 7 VII. CITIZEN COMMENT No citizen comment has been received on this proposal at the time of writing the report. Comment was received in a March 11, 2020, letter encouraging the testing of soils for arsenic and lead prior to any development. These items are reviewed at the time of SEPA review when a project is submitted. VIII. MAYOR’S RECOMMENDATION Upon review of the application and information that has been presented, the Mayor makes recommendation to approve the proposed amendment. IX. PLANNING COMMISSION ACTION 1 Recommend to City Council adoption of the proposed comprehensive plan amendment; 2. Recommend to City Council that the proposed comprehensive plan amendment not be adopted; 3. Forward the proposed comprehensive plan amendment to City Council without a recommendation; or 4. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment as modified. K:\Comprehensive Plan\2017 Comprehensive Plan\Planning Commission\.doc Planning Commission Discussion Proposed Minor Code Amendments Proposed Minor Code Amendments – Draft Page 1 of 11 August 19, 2020 Proposed Minor Code Amendments – Draft Planning Study Session August 19, 2020 1. SEPA Threshold Determination Timing The requirement to issue a threshold determination or to decide significance within 90 days is problematic for complex projects. Furthermore, this is not a requirement for cities like Federal Way planning under the Washington Growth Management Act (GMA). Removal of this section is being proposed. This is will not have any impact upon the appropriate timing in issuance of the threshold determination. It will only reduce the number of formal extensions that have been necessary with some projects. 14.10.020 Lead agency determination and responsibilities. (6) Within 90 days of issuing a letter of completeness for the application and environmental checklist, the responsible official shall make a threshold determination or notify the applicant that a determination of significance is likely and indicate the areas of likely impact. The applicant may request an additional 30 days for the issuance of the threshold determination by the responsible official, or for the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. A final determination shall be made within 90 days from the receipt of the applicant’s response for additional information, unless the applicant requests an additional 30 days as provided in this section. 2. Issue Between “Lot” and “Tract” It is not clear whether “tracts” established for the purposes of environmental protection, common open areas required by regulation, or spaces accommodating stormwater should be counted as “lots.” Per RCW 58.17, the definition of subdivision “. . .is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.” The city should clarify that tracts identified for, or with, the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities within a proposed development are not included in determining the number of lots created. 18.05.010 Definitions. “Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer, including the division of land into lots or tracts which are one-one-hundred-twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. For purposes of computing the size of a lot, which is one-one-hundred-twentieth of a Proposed Minor Code Amendments – Draft Page 2 of 11 August 19, 2020 section of land or larger, or five acres or larger, and which borders on a street or road, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line. “Subdivision” means the division or redivision of land into 10 or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer, including the division of land into lots or tracts which are one-one- hundred-twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. For purposes of computing the size of a lot, which is one-one-hundred-twentieth of a section of land or larger, or five acres or larger, and which borders on a street or road, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line. 3. Notice to Owners Adjacent to Short Plats It is proposed to amend the language for short plats to make noticing requirements the same as for long plat. This amendment intends to provide landowners adjacent to a short plat the same courtesy as provided land owners adjacent to a long plat, especially since short plats are expanded to include projects with nine lots or fewer. 18.30.080 Notice. (2) Distribution. Within 14 days of issuance of the letter of completeness, and at least 14 calendar days before the deadline for submitting comments, the director of community development services shall distribute this notice as follows: (a) A copy of the notice will be published in a newspaper of general circulation of the city. (b) A copy of the notice will be conspicuously posted every 500 lineal feet of upon the property adjoining a each public right-of-way. (c) A copy of the notice will be posted on the city website. each of the official notification boards of the city and public libraries located within the city. (d) A copy will be sent to persons receiving the property tax statement for all property within 300 feet of each boundary of the subject property. (e) If the owners of the property which is proposed to be subdivided also 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 feed of any portion of the boundaries of such adjacently located parcels of property owned by the owner of the property proposed to be subdivided. Proposed Minor Code Amendments – Draft Page 3 of 11 August 19, 2020 4. Public Notice Posting Locations Several land use review processes including: short plat; preliminary plat; Code Interpretations; Process III & IV applications; and environmental (SEPA) review require public postings of the application during the review process. Per the FWRC, the required posting locations for each of the above reviews requires posting at the public libraries in the City of Federal Way. The library posting is an outdated mode of public notice in the digital age, and is not a required posting location under Washington State law. With the Covid-19 pandemic, the city has been unable to conduct required postings at the library. The time is appropriate to modernize and improve public notice of land use applications and decisions in the FWRC. City staff is recommending eliminating the requirement of library posting and City Hall lobby posting for the above types of land use applications, and updating the FWRC provisions to require posting of notices on the City of Federal Way website. City staff is also recommending the elimination of the definition of Official Notification Boards of the City, which would eliminate the requirement to post land use notices on the City Hall lobby Public Notice Board; however, city staff would still post notices on the City Hall Public Notice Board as standard practice. 19.05.150 O definition - “Official notification boards of the city” means the bulletin boards in the public areas of City Hall and other public locations as designated by city council. 14.10.040 Public notice. (State EnvironmentalPolicy Act SEPA) (1) The city shall give public notice for project-related actions as follows: (a) Notices will be posted on the city website, each of the official public notification boards of the city and public libraries, published in a newspaper of general circulation in the city, posted prominently on the site and mailed to all owners of real property as shown in the records of the county assessor located within 300 feet of the site and any interested party or agency who has filed its name directly with the responsible official or as part of a public hearing or scoping process for the following situations: (i) When the responsible official issues a determination of nonsignificance, optional determination of nonsignificance, or mitigated determination of nonsignificance; (ii) When an appeal had been filed related to a threshold determination as provided in this chapter; (iii) A draft environmental impact statement is available for public review and comment. (b) In addition to the requirements of subsection (1)(a) of this section, notices will be mailed to all owners of real property as shown in the records of the county assessor within 600 feet of a proposed project-related action for the following situations: (i) When the city commences scoping; (ii) Whenever the city holds a public hearing as required by WAC 197-11-535. (2) Notice of public hearing shall be issued no later than 14 days before a public hearing. (3) Notice of a threshold determination or environmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties or agencies who have registered with the city, and posted on the city website in the City Hall and library. 18.30.080 Notice. (Short Subdivision) (1) Content. The director of community development services shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. The date of application, date of the notice of completion for the application and the date of the notice of application. Proposed Minor Code Amendments – Draft Page 4 of 11 August 19, 2020 (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 requested 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, a list of the project permits included in the application, and, if applicable, a list of any studies requested under RCW 36.70A.440. (e) A statement of the availability of the official file. (f) A statement of the right of any person to submit written comments to the director of community development services regarding the application within 15 days of the date of the notice. (g) A statement that only persons who submit written comments to the director of community development services, or specifically requests a copy of the original decision, may appeal the director’s decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) 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. Within 14 days of issuance of the letter of completeness, and at least 14 calendar days before the deadline for submitting comments, the director of community development services shall distribute this notice as follows: (a) A copy of the notice will be published in a newspaper of general circulation of the city. (b) A copy of the notice will be conspicuously posted every 500 lineal feet of property adjoining a public right-of-way. (c) A copy of the notice will be posted on the city website. each of the official notification boards of the city and public libraries located within the city. 18.35.090 Notice of application. (Subdivision – Preliminary Plat) (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. Proposed Minor Code Amendments – Draft Page 5 of 11 August 19, 2020 (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 each of the official notification boards of the city and at public libraries within the city. 19.50.050 Notice. (Interpretations) (1) Applicability. Interpretations issued by the director of community development that are related to a land use or subdivision application shall be incorporated into the director’s decision on the application and be subject to applicable notice provisions for the decision. Interpretations issued by the director of community development that are not related to a land use or subdivision application shall be subject to the notice provisions under this section. (2) Contents. The director of community development shall prepare a notice of each interpretation that is not related to a land use or subdivision application, containing the following information: (a) The citation, if any, of the provision(s) of the Federal Way Revised Code that is the subject of the interpretation along with a brief description of the subject provision(s). (b) A summary statement of the interpretation of the affected provision. (c) The date of the interpretation. (d) A statement of the availability of the official file. (e) A summary of the rights, as established in this chapter, of any person to submit an appeal of the interpretation. (f) The deadline for filing appeals of the interpretation. (3) Distribution. Upon issuance of the interpretation, the director of community development shall distribute this notice of the interpretation as follows: (a) A copy of the notice of the interpretation shall be published in the official newspaper of the city. Proposed Minor Code Amendments – Draft Page 6 of 11 August 19, 2020 (b) A copy of the notice will be posted on the city website each of the official notification boards of the city and public libraries located within the city. (c) A copy of the notice will be mailed to the person who filed the written request. 19.65.070 Notice. ( Use Process III) (1) Content. The director shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the date of the notice of completion for the application, and the date of the notice of application. (c) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (d) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any related permits which are not included in the application. (e) A statement of the availability of the official file. (f) A statement of the right of any person to submit written comments to the director regarding the application within 15 days of the date of the notice. (g) A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director’s decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) 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. Within 14 calendar days of issuing the letter of completeness, the director shall distribute this notice of application as follows: (a) A copy of the notice of application will be published in the official daily newspaper of the city. (b) The notice of application will be conspicuously posted on or near the subject property. At least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property. (c) A copy of the notice will be posted on the city website each of the official notification boards of the city and public libraries located within the city. (d) For projects under this chapter which are located within, or are 300 feet from, property zoned SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. 19.70.060 Notice. (Use Process IV) (1) Contents. The director shall prepare the following notices as applicable: (a) Notice of application. A notice of application shall contain: (i) The name of the applicant and, if applicable, the project name and file number. Proposed Minor Code Amendments – Draft Page 7 of 11 August 19, 2020 (ii) The date of application, the notice of completion, and the notice of application. (iii) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notices published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (iv) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application. (v) A statement of the availability of the official file. (vi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. (vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (viii) 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. (b) Notice of public hearing. In addition to the information specified in the notice of application, the notice of public hearing shall include the following: (i) The date, time, and place of the public hearing. (ii) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made. For agency decision appeals this right is limited to those entitled to appeal. (c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain: (i) The file number and a brief description of the matter being appealed. (ii) A statement of the scope of the appeal, including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal. (iii) The date, time, and place of the public hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (2) Distribution. The director of community development services shall distribute these notices as follows: (a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director shall distribute the notice of application as follows: (i) A copy of the notice of application will be published in a newspaper of general circulation in the city; (ii) At least three copies of the notice of application will be conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property; (iii) A copy of the notice will be posted on the city website each of the official notification boards of the city and public libraries within the city. (iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. Proposed Minor Code Amendments – Draft Page 8 of 11 August 19, 2020 5. “Special Needs Housing” as a Dwelling Unit There has been a demonstrated need that “Special Needs Housing” is only allowed as stacked dwelling units. There are several proposals for Special Needs Housing as a memory care facility, but they are not designed to be used as living facilities; providing complete, independent living facilities exclusive for one family. By placing the definition of “special needs housing” as a dwelling unit, administrators of the ordinance can distinguish between proposals which are designed for a special need, such as convalescent center/memory care, and a unit that is designed for independent living. 19.05.040 D definitions. “Dwelling unit” means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 10 types of dwelling units: (1) “Dwelling unit, attached” means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) “Dwelling unit, detached” means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) “Dwelling unit, efficiency” means a small one-room unit, which includes all living and cooking areas with a separate bathroom. (4) “Dwelling unit, stacked” means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (5) “Dwelling unit, multifamily” means a building containing two or more dwelling units, which are either attached or stacked. See definition of “dwelling unit, townhouse.” (6) “Dwelling unit, senior citizen housing” means housing available for the exclusive occupancy of persons over 55 years of age. (7) “Dwelling unit, small lot detached” means detached residential dwelling units developed on multifamily- zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit’s sides may rest on a lot line (zero lot line) when certain site development conditions are met. Proposed Minor Code Amendments – Draft Page 9 of 11 August 19, 2020 (8) “Dwelling unit, special needs housing” means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (8) (9) “Dwelling unit, studio” means a one-room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an “efficiency apartment.” Studio apartments can contain a loft. (9) (10) “Dwelling unit, townhouse” means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (10) (11) “Dwelling unit, zero lot line townhouse” means attached residential dwelling units with common (or “party”) walls. Each unit is located on a lot in such a manner that one or more of the dwelling’s sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. 19.05.190 S definitions. “Special needs housing” means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. 6. Double Notice Requirement for Administrative Variance The initial Notice of Application gives the public opportunity to comment on the project and opt in to receive the final decision. If they do not agree with the decision, those who provided comments or requested the decision can file an appeal. There is no need for a notice of impending decision since no other land use review process has this second notice requirement. 19.45.015 Administrative variance. (2) Additional notice. A notice of impending decision shall be issued with content items and distribution methods set forth in FWRC 19.65.070 at least 15 days prior to the director’s decision. 7. Update Family Day Care to Reference State Requirements The code needs to be updated to be more in line with state requirements (RCW). Currently, there are some inconsistencies between FWRC and RCW; specifically, the FWRC requires a Process III land use review process for nonconforming structures; however, the RCW allows the structure to be exempt from certain zoning requirements if a legally nonconforming structure. Proposed Minor Code Amendments – Draft Page 10 of 11 August 19, 2020 RCW 36.70A.450: (1) Except as provided in subsections (2) and (3) of this section, no county or city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility. (2) A county or city may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day- care and who work a nonstandard work shift. (3) A county or city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute. (4) Nothing in this section shall be construed to prohibit a county or city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.216.010. 19.105.070 Family day care Family day care is permitted in conjunction with any residential use in any zoning district provided it meets all of the following criteria: (1) The use must be operated as part of a principal residential use, operated by a family member(s) who resides in the residential use. (2) Family day care facilitesfacilities must obtain all required state approvals. The state shall certify that the proposed family day care will have a safe passenger-loading area.The use must be licensed by the state, if required. Family child day care homes as defined by RCW 43.215.010 must be licensed by the state Department of Social and Health Services (3) All city licensing, zoning, building, housing, and fire regulations applicable to the underlying type of housing in which the use exists (i.e., single-family residence, multifamily residence, etc.) must be met. (4) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district, except if the structure is a legal nonconforming structure. If the lot or structure is legally nonconforming the family day care may be approved through process III review. (5) No more than two persons who are not residents of the dwelling unit may be employed or work at the family day care at any one time. (6) One off-street parking space must be provided for each nonresident employee or worker in addition to the spaces required by the zoning district for the residential use. A residential driveway may be used for this purpose. (7) The city may require an on-site passenger loading area, depending on the number and nature of the attendees and the extent and nature of existing street improvements. If located on a principal arterial street, an off-street passenger loading area must be provided. This requirement is waived for family child care homes if the department of early learning licensor certifies the home as providing a safe passenger loading area. Proposed Minor Code Amendments – Draft Page 11 of 11 August 19, 2020 (6) (8) No exterior alterations are allowed to accommodate the family day care home, including signage. (7) (9) Only those interior alterations customary to residential use shall be made. (10) The applicant shall provide documentation that residents living immediately adjacent to the proposal have been notified of the proposal, or the applicant may provide stamped and addressed envelopes of the residents living immediately adjacent to the proposal and the city will notify the neighbors. (11) The family day care may be required to limit its hours of operation to reduce impacts on nearby residential uses.