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2020-09-02 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 C:\Users\tinap\Desktop\Agenda 09-02-20.doc City of Federal Way PLANNING COMMISSION September 2, 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: DOWNLOAD THE DOCUMENT TO ACCESS THE LINKS. 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 – September 2nd 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 19, 2020 4. PUBLIC COMMENT 5. COMMISSION BUSINESS a. Public Hearing – Proposed Minor Code Amendments b. Discussion – FWRC Chapter 19.250, Cottage Housing Amendment 6. STAFF BUSINESS a. Manager’s Report 7. NEXT MEETING a. September 16, 2020, 6:30 p.m. 8. ADJOURNMENT Planning Commission Meeting Minutes August 19, 2020 Planning Commission Minutes Page 1 August 19, 2020 CITY OF FEDERAL WAY PLANNING COMMISSION August 19, 2020 City Hall 6:30 p.m. Zoom MEETING MINUTES Commissioners present: Lawson Bronson, Tom Medhurst, Wayne Carlson, Diana Noble-Gulliford, Tim O’Neil, Dale Couture, and Eric Olsen. Commissioners absent: Dawn Meader McCausland (ex) and Hope Elder. City Staff present: Planning Manager Robert “Doc” Hansen, Senior Planner Becky Chapin, Assistant City Attorney Eric Rhoades, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Bronson called the meeting to order at 6:30 P.M. MINUTES The August 5, 2020, minutes were approved as presented. PUBLIC COMMENT None 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 – Planning Manager Hansen delivered the staff report. Discussion was held regarding driveways and impact fees. Assistant Piety read the following comment into the record: Amanda Santo, Multi-Service Center Director of Operations and Housing Development – “Multi-Service Center in partnership with SRI are committed to preserving and building capacity of affordable housing. Our mission is to build a future without poverty by creating pathways to help, hope, and dignity for our neighbors. A cornerstone of this mission is safe, healthy and affordable housing. MSC currently owns and operates over 500 units of affordable housing throughout Pierce and King County. This project preserves and improves existing affordable housing while expanding the number of units to support more individuals and families. With great access to public transportation, schools, and jobs, these residents will have an opportunity to lead productive and thriving lives. We appreciate City of Federal Way’s support of our mission and commitment to this community. Thank you for your time and consideration. We ask for your support in this land use action.” Planning Commission Minutes Page 2 August 19, 2020 Commissioner O’Neil moved (and Commissioner Noble-Gulliford seconded) to recommend adoption of the proposed rezone/comprehensive plan as presented. There was no further discussion. The vote was held and the motion passed unanimously. b. Discussion: Proposed Minor Code Amendments – Planner Chapin delivered the staff report. The purpose of this session is to brief and obtain feedback from the Commissioners on the proposed minor “housekeeping” amendments. The proposed amendments are in FWRC Titles 14 “Environmental Policy”; 18 “Subdivisions”; and 19 “Zoning and Development Code.” Several of the proposed changes are designated to provide new standards due to COVID-19 and to meet state requirements. Planner Chapin explained each of the proposed amendments and the reason behind it. There was no discussion. Discussion was held on posting and informing the public about proposed policy changes, amendments, etc. Planner Chapin informed the Commission that staff is working with IT to have a link on the city’s main website page for notices of land use actions. Discussion was also held about notices in the newspaper and Commissioner Noble-Gulliford encouraged the staff to have a clear alternative to the Federal Way Mirror in case they stop publishing a hard-copy, as they recently did on a temporary basis due to COVID 19. Planner Chapin stated that during that shut-down, notices were published in The Tacoma Tribune and online with the Federal Way Mirror. STAFF BUSINESS a. Manager’s Report – Manager Hansen reminded the Commission that our next meeting will be a public hearing on the minor code amendments. NEXT MEETING September 2, 2020, 6:30 p.m., Zoom Meeting ADJOURN The meeting adjourned at 7:15 P.M. K:\Planning Commission\2016\Meeting Summary 08-19-20.doc Planning Commission Public Hearing Proposed Minor Code Amendments Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 1 of 13 PLANNING COMMISSION STAFF REPORT TO: Lawson Bronson, Federal Way Planning Commission Chair VIA: Brian Davis, Community Development Director FROM: Robert “Doc” Hansen, Planning Manager Becky Chapin, Senior Planner DATE: August 26, 2020 SUBJECT: Minor Code Amendments to the FWRC HEARING DATE: September 2, 2020 I. BACKGROUND INFORMATION Planning staff identified several “housekeeping” items to amend in Title 14, Title 18, and Title 19 of the Federal Way Revised Code (FWRC); they are considered Minor Code Amendments. The Minor Code Amendments are not complex and require little research. Several proposed changes are designed to provide new standards due to Covid-19 and to meet state requirements. On August 19, 2020, discussions began at Planning Commission to introduce the amendments being proposed and allow the Planning Commission to provide direction. The proposal presented within Exhibit A is the result of those discussions and the focus of the hearing. Specifically, the amendments address: • SEPA Threshold Determination Timing; • Refining the definition of “lot” and “tract”; • Revising public notice posting locations; • Adding notices to owners adjacent to short plats; • Refining the definition of “dwelling unit”; • Removing the Double Notice Requirements for Administrative Variances; and • Updating family day care requirements to meet the state standards. II. PROPOSED CODE AMENDMENTS 1. SEPA Threshold Determination Timing, FWRC 14.10.020 – 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 who plan under the Washington Growth Management Act (GMA). Removal of this section is being proposed. This 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. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 2 of 13 2. Issue Between “Lot” and “Tract,” FWRC 18.05.010 – 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. 3. Notice to Owners Adjacent to Short Plats, FWRC 18.30.080 – It is proposed to amend the language for short plats to make noticing requirements the same as for long plats. 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. 4. Public Notice Posting Locations, Several Citations in FWRC Title 14, Title 18, and Title 19 – Several land use review processes, including: short plat; preliminary plat; code interpretations; Use Process III & IV; 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 the required postings at the libraries. The time is appropriate to modernize and improve public notice of land use applications and decisions in the FWRC. The proposed amendment will update the FWRC provisions to require posting of notices on the City of Federal Way website rather than the libraries. The proposal also eliminates the definition of Official Notification Boards of the City, which will eliminate the requirement to post land use notices on the City Hall lobby Public Notice Board; a requirement that has been problematic in helping businesses and residents move forward with any kind of development that involves a land use notice. However, city staff will still post notices on the City Hall Public Notice Board as standard practice once City Hall reopens. 5. “Special Needs Housing” as a Dwelling Unit, FWRC 19.05.040 –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. 6. Double Notice Requirement for Administrative Variance, FWRC 19.45.015 – The initial Notice of Application gives 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. 7. Update Family Day Care to Reference State Requirements, FWRC 19.105.070 – The code needs to be updated to be more in line with state requirements. Currently, there are some inconsistencies between the FWRC and what state law allows. 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 it is a legally nonconforming structure. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 3 of 13 III. TIMELINE The anticipated timeline for completion of the code amendment process is as follows: *SEPA Threshold Determination 7/22/2020 *Notice of Planning Commission Public Hearing 8/14/2020 *Planning Commission Discussion 8/19/2020 *SEPA Appeal Ends 8/28/2020 Planning Commission Hearing 9/2/2020 LUTC Review 9/14/2020 Council First Reading 10/6/2020 Council Second Reading 10/20/2020 *Actions which have already been accomplished. IV. PUBLIC COMMENTS No public comments have been received regarding this proposal as of August 26, 2020. Any comments received since this time will be submitted into the record for City Council review. V. REASON FOR PLANNING COMMISSION ACTION FWRC Title 19, “Zoning and Development Code,” Chapter 19.80, “Process VI Review,” establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendment meets the criteria provided by FWRC 19.80.130 (item VI below). 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment. VI. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response – The proposed code amendment is consistent with the following goals and policies: Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 4 of 13 LUG 2 – Develop an efficient and timely development review process based on a public/private partnership. LUP4 – Maximize efficiency of the development review process LUP6 –Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP2 – Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response – The proposed code amendments bear a substantial relationship to public welfare as it reduces conflicts, inconsistences, or omissions related to state law; and provides necessary updates and code clarifications that will allow for a streamlined review process for both the city and the applicant. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response – The proposed code amendments are in the best interest of the city as a whole because it codifies current city practices, addresses emerging land use issues, and increases code clarity, simplicity, and efficiency of the development review process. VII. PLANNING COMMISSION ACTION The Mayor recommends adopting the proposed ordinance for minor amendments to Title 14, Title 18, and Title 19 of the Federal Way Revised Code (FWRC) as shown in Exhibit A. Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed regulation amendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to City Council without a recommendation. Exhibit A: Proposed Minor Code Amendments to FWRC Title 14, Title 18, and Title 19. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 5 of 13 EXHIBIT A Proposed Minor Code Amendments 1. SEPA Threshold Determination Timing 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” 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 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 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. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 6 of 13 (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 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. 4. Public Notice Posting Locations 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: Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 7 of 13 (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. (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. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 8 of 13 (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 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. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 9 of 13 (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. (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 Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 10 of 13 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. (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; Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 11 of 13 (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. 5. “Special Needs Housing” as a Dwelling Unit 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. (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. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 12 of 13 (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 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 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 facilities 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. (6) (8) No exterior alterations are allowed to accommodate the family day care home, including signage. Planning Commission Staff Report September 2, 2020 Minor Code Amendments Page 13 of 13 (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. Planning Commission Discussion FWRC Chapter 19.250, Cottage Housing Amendment ~ 1 ~ CITY OF FEDERAL WAY PLANNING COMMISSION MEMO DATE: September 2, 2020 TO: Planning Commission FROM: Robert “Doc” Hansen, Planning Manager Chaney Skadsen, Associate Planner SUBJECT: Brief Synopsis of the Proposed Cottage Housing Amendment BACKGROUND The term “cottage housing” refers to small detached houses, on small lots built in clusters usually grouped around a shared common open space. Parking may be on each lot, in a shared parking area, or both. Cottage housing developments may include a common recreational or meeting building. It is becoming a sought-after type of housing as a result of increasing aging and young family populations seeking single- family type housing without the amount of landscape maintenance often required with larger lots. The proposal will permit an increase in the total number of cottages allowed in one development from 12 to 16. PROPOSED AMENDMENTS It is proposed to amend Federal Way Revised Code (FWRC) Title 19 “Zoning and Development Code” Chapter 19.250, “Cottage and Compact Single-Family Housing” as follows: • Increase the allowed maximum base density of cottage housing development in Single- Family Residential (RS) zones by amending FWRC 19.250.030(1)(b) to read: (b) CHDs shall contain clusters consisting of a minimum of 4 dwelling units and a maximum of 16 units. In RS 5.0 and 7.2 zones, a CHD may be integrated into a larger conventional subdivision. The maximum number of dwelling units is not limited in the RM zoning classifications. • Remove FWRC 19.250.150 outlining affordability standards. EXPLANATION The code currently recognizes that as many as 16 houses are feasible upon one site. While the current language limits the number of units in a cottage housing development to 12 units, the fact that 16 units can be achieved with affordable units demonstrates that as many as 16 houses are feasible upon the site. Brief review of other jurisdictions shows that many limit the number of units between 8 and 16 units. The requirement to have 2 units affordable in order to receive 16 units is unachievable in meeting the maximum density allowed given the cost of building cottage housing. Eliminating the affordability requirement will allow and encourage higher density cottage housing development in the city; thereby, addressing the city’s need for increased moderate cost housing.