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.