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Ord 94-209 ORDINANCE NO. 94-209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE FEDERAL WAY ZONING CODE, ORDINANCE 90-43, BY AMENDING THE TEMPORARY USE SECTION 22-546, ET AL., BY AMENDING THE DEFINITION OF "TEMPORARY USE," BY DELINEATING SEPARATE DECISIONAL PROCESSES FOR CLASS I AND CLASS II TEMPORARY USES, AND BY EXTENDING THE TERM OF TEMPORARY USES. (AMENDS ORDINANCE 90-43). WHEREAS, amendments to the Federal Way Zoning Code text are authorized pursuant to Federal Way Zoning Code §~2-216 and §22- 516; and WHEREAS, the City Council had reviewed a proposal for a Zoning Code text amendment to amend the temporary use provisions of Section 22-546, et al., to extend the term of the use; and WHEREAS, the Federal Way City Council, pursuant to Federal Way Zoning Code §22-517, having determined the proposal to be worthy of legislative consideration, referred the proposal to the Planning commission for its review and recommendation; and WHEREAS, the Planning Commission, having considered the proposal at public hearings on December 20, 1993, and January 5, 1994, pursuant to Federal Way Zoning Code §22-523, and all public notice having been duly given pursuant to Federal Way Zoning Code §22-521; and WHEREAS, following the public hearing, the Planning Commission submitted its recommendation for proposed zoning text amendment to the appropriate Council Committee; and ORD # 94-209 , PAGE 1 COpy WHEREAS, the Federal Way Land Use/Transportation Council Committee on February 7,1994, considered the recommendation of the Planning Commission and has forwarded the Planning Commission recommendation to the full Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinas. The City Council of the City of Federal Way adopts the following Findings and Conclusions with respect to these amendments: FINDINGS 1. The current ordinance does not provide a clear definition of temporary uses. It states only that temporary uses should be "inherently temporary," and examples are limited to "community festivals" and "fresh vegetable stands." This criteria is insufficient to evaluate any variety of proposals under the ordinance. 2 . The current ordinance requires that applications for a temporary use permit be reviewed under Process I. Process I is an administrative decision, with opportunity for public comment. The time frame to issue a Process I decision is a minimum of 45 days. This timeframe may be reasonable for some types of proposals. However, it is considered excessive for permitting minor uses of a very low-impact nature. 3. Currently, the temporary use permit is valid only for 30 days in one calendar year, with no provisions for extension. This timeframe is seen as unreasonably short, particularly when ORD # 94-209 , PAGE 2 applicants have to wait 45 days for the approval. Additionally, the Process I fee of $840 is seen as unreasonable in relationship to permits for very minor uses. 4. In November, 1993, a Process I Temporary Use application was submitted to the City, specifically for a homeless shelter. The zoning code requires that this application be decided administratively. Therefore, it is not within legislative purview, nor can it be a key factor in formulating amendments to the Temporary Uses ordinance. However, this application is noted because it provided the impetus to evaluate potential deficiencies in the ordinance, building a framework for staff analysis and recommendation. 5. Based on a recommendation of the Land Use Committee, the Federal Way city Council on November 9, 1993, passed a motion: "...directing the Planning Commission to review the temporary use portion of the code, including time processes and uses, and return a recommendation to the full Council for consideration...." 6. staff analysis included a review of temporary use ordinances from several other cities, and information from Municipal Research and Services Center (MRSC). 7. Temporary use ordinances were reviewed and interviews conducted with the cities of Kent, SeaTac, Bellevue, Olympia and Kirkland to gain information on definitions, processes, timelines, and fees. Ordinances from these cities were compared. ORD # 94-209 , PAGE J city Permit Fee Review Time Permit Life Kent $ 32 10 days 90 days + 1 extension SeaTac $ 50 1 week 30 to 90 days Bellevue $100 10 days Up to 90 days Olympia $100 10 days 30 days to 1 year Kirkland No Fee 1 week 60 days (Federal Way $840 45 days 30 days) a. Definitions. All examples of temporary uses from other jurisdictions fell within the following categories: seasonal sales of retail products and food rummage, fundraiser and other special sales profits cultural and/or transient entertainment model homes, construction shacks, etc. by non- b. Processes. In all cities sampled, decisions on temporary use applications are administrative, and are issued within ten days of the date of application. criteria for approval varies, but were found to be substantively consistent with Federal Way's criteria for issuance. c. Fees. to $100.00. Temporary Use permit fees range from no fee d. Timelines. Approval time lines range from a minimum of 30 days to a maximum of 1 year. In all cases there is some provision for extension of the permit. e. Summarv. In all cities sampled, temporary use permits cost less and have longer approval periods than such permits in Federal Way. Definitions of temporary uses are consistently shown in examples to be of a very minor nature. f. Related Issue. For informational purposes the sample cities were asked how they locate temporary uses that are of a IIcri tical human service" nature, i. e., homeless shelters and group homes, food banks, clothing banks, and other nonprofit social services. In summary, such uses were found to be permitted outright in most zones, with approval processes ranging from administrative to legislative, depending on the proposed location. Therefore, these cities do not utilize the temporary permit process for such uses because they are addressed under regular zoning regulations. This contrasts with the Federal Way zoning regulations which permit such uses outright only in residential zones. Therefore, in Federal Way the temporary use permit is currently the only mechanism which could allow such temporary uses in any location that is non- residential. ORD # 94-209 , PAGE 4 8. Municipal Research & Services Center (MRSC) provided the following comments: No communities were found as part of MRSC's research which address group homes or similar social services under temporary use ordinances. The temporary use permit has been applied to activities which are inherently temporary, such as festivals or fruit stands. Although hopefully the residents of a group home are only there for a temporary stay, the use itself would normally continue, unless it is set up to shelter victims of flood or other similar emergency. 9. Homeless shelters and special needs housing is a necessary and urgent issue. The subject of homeless shelters and special needs housing is complex, and it exceeds the scope of a temporary use code amendment. Therefore, the issue should not be addressed in a temporary use context. Rather, it should be addressed holistically, on its own basis. The issue should be given immediate attention. CONCLUSIONS 1. Proposals for code amendments are considered pursuant to Process IV, FWCC 22-516, et seq. Such legislative code amendments must be initiated by the City Council, Council Committee, or Planning Commission. The decisional criteria for code amendments are found in FWCC 22-217. 2. The City of Federal Way's current provisions for temporary uses were found to be inconsistent with those of five cities sampled with respect to process, timeframes and fees. Consistency was noted only in the area of definitions, all of which include only low impact uses. Therefore, the city's current Process I requirement may be excessive for low impact activities, ORD # 94-209 , PAGE 5 but may be appropriate for certain temporary uses that are determined to have potentially greater impacts. 3. Findings also suggest that critical social services do not meet the test of "inherently temporary." However, a possible exception is when specific conditions are determined to be inherently temporary; for instance, a temporary shelter, open only for the coldest few months of the year when other housing options are not available. Further examples could include when a special needs group is temporarily displaced from a permanent facility for purposes of building reconstruction or repair or temporary placement between lease contracts, etc. Circumstances of this nature could meet the test of "inherently temporary," as well as meeting the perceived purpose and intent of the code provisions for temporary uses. 4. All alternatives for changes considered by the Planning commission would meet the general purpose of the proposed amendment, which is to clarify definitions, improve the process by which applications are evaluated, and make timelines more equitable. However, Alternative 7.0 of the staff Report is accepted as best achieving the following objectives: Provides maximum flexibility in evaluative criteria and processes; Addresses critical and essential human services in a context of temporary use; Recognizes varying levels of complexity in proposals; and Resolves the ambiguities in the ordinance while most closely meeting its perceived purpose and intent. ORD # 94-209 , PAGE 6 section 2. Conclusions. Pursuant to Federal Way Zoning Code §22-530(b) and §22-217 and based upon the above Findings and Conclusions, the Federal Way City Council makes the following Conclusions of Law with respect to the Decisional Criteria necessary for this amendment: 1. The recommendation is consistent with the Comprehensive Plan in that: The code amendment will be consistent with the Comprehensive Plan by providing decisional criteria that specifically requires that applications for temporary use permits be evaluated for consistency with the comprehensive plan. 2. The proposal bears a substantial relation to the public health, safety and welfare in that: The code amendment will bear a substantial relationship to the public health, safety, and welfare through adoption of decisional criteria that specifically requires that applications for temporary use permits be evaluated for consistency with the public health, safety, and welfare. 3. The proposal is in the best interest of the residents of the city in that: The code amendment is in the best interests of the residents of the City in that it provides a decisional framework under which to evaluate the individual merits of a range of critical public services that might not otherwise be available at a specific time or in a specific location. Section 3. Amendment. The Federal Way Zoning Code sections 22-546 through 22-555 are amended as set forth in Exhibit A, attached hereto and incorporated by reference, by amending the definition of "temporary use"; by delineating two separate ORD # 94-209 , PAGE 7 decisional processes for Class I and Class II temporary uses; and by extending the term of temporary uses. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective Date. This ordÌl1ance shall be effective thirty (30) days after passage, as provided by law. PASSED by the City Council of the city of Federal Way this 15th day of Karch , 1994. CITY OF FEDERAL WAY ~<e!4~/ MAY R, Y E. GATES LAKE FILED WITH THE CITY CLERK: February 23, 1994 PASSED BY THE CITY COUNCIL: March 15, 1994 PUBLISHED: March 19, 1994 EFFECTIVE DATE: April 14, 1994 ORDINANCE NO. 94-209 MARYK\ORD\TEMPRARY.USE ORD # 94-209 , PAGE 8 EXllIBIT A ARTICLE X. TEMPORARY USFS* Sec. 22-546. Administration. This article establishes a mechanism whereby the city may, on. a short term basis, permit a use to be conducted on a short-term basis that would not otherwise be allowed in the zone in which it is proposed to be located. This article is intended to permit certain inherently temporary uses, such as commuRity festY/als and fresh vegetable stands, that would not be allowed outrie:ht in the zone in which they are proposed, but which, if limited in time and strictly controlled bv appropriate conditions, may be in. the best interests of the residents of the city. Sec. 22-547. Definitions. The followine: catee:ories of temporary uses are established: ill} ill Class I temporary uses shall mean temporary uses includine: seasonal retail sales of a!!:ricultural or horticultural products such as ve!!:etable. fruit or flower stands: community festivals. circuses. carnivals. fairs. or similar transient amusement. cultural. or recreational activities: and fundraisine:. rumma!!:e or other outdoor sales sponsored bv school. churches and other nonprofit or!!:anizations. Class I tem{Jorary uses shall be decided under section 22-550: except that the Director of Community Development may reauire an application to be dedded under sections 22-550 and Process I. section 22-386 et sea.. when it is determined that the dee:ree and scope of potential impacts of the proposal warrant such review. Class IT temporary uses shall mean temporary uses such as critical and essential human services of a non-profit social services nature. includin!!: food banks. and cloth in!!: banks. but not includin!!: homeless shelters. when the Director of Community Development Services determines that the conditions promptine: such pro{Josal are of a critical and temporary nature. Class IT temporary uses shall be decided under section 22-548(b). Sec. 22--34f548. Process for deciding upon proposal. I\n appliC6.tion for a tcmIJorary \:Ise permit will be reviewed and decided UpOR \:Ising process I, described in section 22 386 et sex¡. .úù ilil An application for a Class I temporary use shall be reviewed bv the Director of Community Development Services. usin!!: section 22-550. who shall issue a written determination approvine:. conditionally approvine: or denvine: the temporary use permit within ten (10) days after the date of application. An application for a Class IT temporary use shall be reviewed and decided uPon usine: section 22-550. and Process I. described in section 22-386 et sea. '. Sec. 22~549. Application information. 1ft adåitioft to thc applicatiof! matcrials required if! sootieft 22 386 ct seq., thc appliCtlllt shall ~ .ill>. All applications for a temporarv use pennit shall be submitted prior to the requested date of commencement of the temporary use and shall include: (2) ill (1) A completed application on the form provided by the dcpartmcHt of comml;lf!ity dc"lclopmcf!t, Department of Communi tv Development Services. along with all information listed in that form; and An irrevocable, signed and notarized statement. bv the property owner of record. granting the city pennission to summarily abate the temporary use and all physical evidence of that use if it is not removed by tfie Iij!plieaRt within the period specified as part ef the in the permit, and agreeing to reimburse the city for any expenses incurred by the city in abating the temporary use. If the permit is granted, this statement shall be recorded with the Kin!': e!:;ounty at the expense of the applicant and will run with the propertY7 throu!':hout the tenn of the pennit. and shall be vacated at the tennination of the use. as detennined in the citv's sole discretion. Class I temporarv use applications shall also include such infonnation necessary for the Director of Community Development Services to evaluate the use pursuant to section 22-550. Criteria for issuance: and. if detennined applicable pursuant to section 22-547(a). shall include application materials required in section 22-386 et sea. (Process n. íd Class IT temporarv use applications shall include all of the fore!':oin!': infonnation as well as the application materials required in section 22-386 et sea. (Process D. Seè. 22-549550. Criteria for issuance. The city may grant a temporary use permit only if it finds that: (1) (2) (3) (4) The proposed temporary use will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate vicinity; The proposed temporary use is compatible with existing land use in the immediate vicinity; The proposed temporary use is not otherwise allowable in the zone in which it is proposed; The proposed temporary use will provide a benefit to the residents of the city which outweighs any undesirable effects of the proposed temporary use. Sec. 22~551. Dimensional requirements, development and performance standards. The city shall establish dimensional requirements and development and performance standards as part of the approval of each proposed temporary use. The city will use the nature of the proposed use and the character of the surrounding area as guides in establishing these requirements and standards. Sec. 22~552. Frequency and duration. The city may not grant a temporary use permit to the same user or 011 t.fie same ~ at the same location more frequently than once in every 365-day period. The city may only approve a temporary use for a specified period of time, not to exceed 3G 60 days. A temnorarv use may onerate un to an additional 60 days when the Director of Community DeyeloDment Services detennines that such an extension will be consistent with the reauirements of section 22-550 and. if aDDlicable. section 22-386 et sea. Sec. 22-$£553. Removal. The city shall designate, as part of the approval of the temporary use, a period following the expiration of the approval within which the temporary use must be terminated and all physical evidence of the use must be removed by the applicant. If the temporary use and all physical evidence of the use are not removed within the time specified, the city will remove it under the authority provided in section 22-5412.(al(2). Sec. 22~554. Bonds. Prior to engaging in any activity pursuant to an approval granted under this article, the applicant must post or establish a bond under section 22-146 et seq. to insure compliance with the requirements of this article, with any condition or restriction on the approval and with the I!r-o...isiolls of the Statemen~ required under section 22-146 et seq. Sec. 22~555. Exceptions to permit requirement. The following temporary uses may be conducted in commercial and industrial zones, and are exempt from the requirements of this article: (I) Christmas tree lots aHå fireworks staflås which exist for no more than 35 days in every 365 days. (2) Parking lot sales which are ancillary to the indoor sale of the same goods, amusement rides, carnivals and circuses, which exist for no more than seven days in every 180 days.