10-100927 F '
P
Aiii CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way,WA 98063-9718
(253)835-7000
www.cityoffederalway.corn
June l4, 2010
John Kois
PO Box 1621
Tacoma, WA 98401
RE: FILE#10-100927-00-AD;TRANSITIONAL HOUSING IN ZONE RS7.2
Dear Mr. Kois:
I've concluded my review of a proposed transitional housing use to be conducted at a property that you
own. We spoke in April 2010 about the definition of'Group Home' in the Federal Way Revised Code
(FWRC)and your transitional housing inquiry.
Under FWRC 19.05.070, G-Definitions, Group Homes are defined as:
"Group Hanes Type HI means housing for adults that have been convicted of a violent crime
against a person or property, have been convicted of a crime against a person with a sexual
motivation, or have been convicted or charged as a sexual or assaultive violent predator. This
category includes housing for individuals under the jurisdiction of the criminal justice system,
individuals who have entered a pre-or post-charging diversion program, or individuals selected
to participate in state-operated work/training-release and pre-release programs or similar
programs: but excludes full-time detention facilities.
You indicated in your April 28, 2010 e-mail that the definition of group home does not apply to the types
of tenants that you are proposing to house as they will be offenders participating in the Transitional
Housing for Offender Reentry Program sponsored by King County Department of Corrections; no tenant
will be a part of any program in lieu of sentencing; you are not aware that the occupants that you house
will be disabled; and you will not house sex offenders.
I've reviewed offender reentry programs under the Washington State Department of Corrections(DOC)
and spoken with staff about their programs. It appears that the transitional housing program you have
highlighted would constitute a group home as defined by the FWRC, based on the following:
• A group home is established if it contains a resident adult who has been convicted of a violent
crime, regardless of their custody status or lack of sexual offense.
• You indicated that probationers and parolees would be housed in your transitional housing. As
such, they appear to be"individuals under the jurisdiction of the criminal justice system"and
participants in a"pre-release or similar program." Housing for individuals in these categories
meets the definition of group home type III.
• The State of Washington provides vouchers that fund housing for inmates who are no longer in
custody, but who cannot be released because they do not have housing. Senate Bill 5525,
concerning rental vouchers to allow release from state institutions, authorizes vouchers that fund
Doc. I.D.54464
three months of non-prison housing for inmates.' Voucher funded housing is tantamount to a pre-
release program(based on the FWRC definition of group home) because an inmate without
housing cannot be released without first living in this state funded housing.
Based on this analysis, a group home is established when a person convicted of a violent crime is housed,
or if DOC funds housing as a condition of release. The transitional housing that you proposed would be
viewed as a group home.
Group homes are not permitted in single family(RS) zoning districts in the City of Federal Way. Group
homes are permitted in the following Federal Way zoning districts: RM 1800 and RM 2400
(Multifamily), BN, BC, and CC-F,and require land use approval under Use Process [V Hearing
Examiner Review.
However, if no more than five unrelated adults reside in a house that is located in a single family zoning
district and the use of that home by those residents does not meet the FWRC definition of a group home,
then the use is consistent with the FWRC definition of a family', and no land use permits would be
required. Be advised that under section 10.04.1 of the International Residential Code(IRC), a residence
will need to provide 200 square feet of living area per person.
Please do not hesitate to contact me at 253-835-2642 or via e-mail at deh.harkei(a cityofiederalwav_coni if
you have any questions.
Sincerely,
/ t4
Deb Barker
Senior Planner
Summary from FINAL BILL REPORT SB 5525: DOC may provide rental vouchers to an offender for a period up to three
months,if rental assistance will enable the offender to have an approved release plan. A rental voucher must be provided in
conjunction with other transitional support programming or services such as substance abuse treatment,mental health treatment,
sex offender treatment,educational programming,or employment programming. DOC is required to track the offender's housing
status for the offender's term of supervision.(Effective July 26,2009).
2 Family"means an individual;a group of not more than five individuals;or two or more individuals related by not more than
four degrees of affinity or consanguinity,including persons under legal guardianship. Any limitation on the number of residents
resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations
to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988,42 USC 3604(f)(3)(b).This definition shall not be applied to the extent that it would cause a
residential structure occupied by persons with handicaps,as defined in the Federal Fair Housing Amendments Act of 1988,to be
treated differently than a similar residential structure occupied by other related or unrelated individuals.
Doc.I.O.54464
e •
Multiple Agency Fiscal Note Summary
Bill Number: 5525 SB 5525 AMH HS Tide: State institutions/release
MERE 087
Estimated Cash Receipts
NiEEMBEEMENRIMMine
... ....:...........................:.:.......................:..........................�t>E:::::....'.':"..:::::::::::..::.:::::,::•:::.:.:.i:.::::.�t�:.��:.::::::::::.:t::::::::::.._::.;:.;:.;>:.::?.::.;:.:<:<.::.obi.�-t�...................,....
.:}:�'�:.,J�{�►W,�::?4:?:•i:•iii:•:?C:?�!iM�R{::^:•i:L:•ii:??4:•i::•:7'J.��::1M7F1F.•ii:•i:4:•:^:^:^::4�[!F�4:^:??^i}<• •ii: �../:.f/W?i>.it+r:2<C{CL??i�.�R� ji:::i:ti�i�:
Total S
Local Gov.Courts Local Gov.Other
**
Local Gov.Total
Estimated Expenditures
Department of (42.8) (4,090,852) (4,090,852) (42.8) (4,090,852) (4,090,852) (42.8) (4,090,852) (4,090,852)
Corrections
Sentencing Guidelines 0 0 0 .0 0 0 .0 0 0
Commission
I Total (42.8) $(4,090,852) $(4,090,852) (42.8) $(4,090,852) 5(4,090,852) (42.8) $(4,090,852)I $(4,090,852)
Lo
cal Gov.Courts
Local Gov.Other
**
Local Gov.Total .................. ............ ..... ......... ... ........
Prepared by: Adam Aaseby,OFM Phone: Date Published:
360-902-0539 Final
* See Office of the Administrator for the Courts judicial fiscal note
** See local government fiscal note
FNPID 2425 i
FNS029 Multi Agency rollup
Individual State Agency Fiscal Note
Bill Number: 5525 SB 5525 Tide: State institutions/release Agency: 310-Department of
AMH HS MERE Corrections
087
Part I: Estimates
No Fiscal Impact
Estimated Cash Receipts to:
FUND
Total$
Estimated Expenditures from:
FY 2010 FY 2011 2009-11 2011-13 2013-15
FTE Staff Years (42.8) (42.8) (42.8) (42.8) (42.8)
Fund
General Fund-State 001-1 (2,045,426) (2,045,426) (4,090,852) (4,090,852) (4,090,852)
Total$ (2,045,426) (2,045,426) (4,090,852) (4,090,852) (4,090,852)
The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
and alternate ranges(if appropriate),are explained in Part II.
Check applicable boxes and follow corresponding instructions:
aIf fiscal impact is greater than$50,000 per fiscal year in the current biennium or in subsequent biennia,complete entire fiscal note
form Parts I-V.
If fiscal impact is less than$50,000 per fiscal year in the current biennium or in subsequent biennia,complete this page only(Part I).
EiCapital budget impact,complete Part IV.
Requires new rule making,complete Part V.
Legislative Contact: Alex MacBain Phone: 360-786-7288 Date: 03/29/2009
Agency Preparation: Susan Lucas Phone: (360)725-8277 Date: 04/08/2009
Agency Approval: Susan Lucas Phone: (360)725-8277 Date: 04/08/2009
OFM Review: Adam Aaseby Phone: 360-902-0539 Date: 04/09/2009
Request# 144-2
Form FN(Rev 1/00) l Bill#5525 SB 5525 AMH HS MERE 087
FNS063 Individual State Agency Fiscal Note
Part II: Narrative Explanation
II.A-Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number,the significant provisions of the bill,and any related workload or policy assumptions,that have revenue or
expenditure impact on the responding agency.
Section 1 Amends RCW 9.94A.728 and 2007 c 483 s 304,(effective until August 1,2009),to re-organize and
incorporate section three of this Act.
Section 2 Amends RCW 9.94A.728 and 2008 c 231 s 34(effective on August 1,2009),to re-organize and incorporate
section three of this Act.
Section 3 Adds a new section in RCW 9.94A regarding offenders eligibility to earn release time which re-organizes and
replaces RCW 9.94A.728(1)-(3). Allows the department when an offender does not have an approved release plan to:
1) transfer an offender to partial confinement in lieu of earned release for a period not to exceed three months. The
three months in partial confinement is in addition to that portion of the offender's term of confinement that may be
serviced in partial confinement.
2) Provide rental vouchers to the offenders for a period not to exceed three months if rental assistance will result in an
approved release plan. If vouchers are provided,the Department must also provide additional transition support
programming or services that enable an offender to participate in services once in the community.
Section 4 Makes section 2 of the Act effective on August 1,2009.
Section 5 Makes section 1 of this Act expire on August 1,2009.
. Section 6 Provides an emergency clause for the entire Act to take effect immediately.
IL B-Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency,identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the cash
receipts impact is derived Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.
IL C-Expenditures
Briefly describe the agency expenditures necessary to implement this legislation(or savings resulting from this legislation),identifying by section number
the provisions of the legislation that result in the expenditures(or savings). Briefly describe the factual basis of the assumptions and the method by
which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing
functions.
The bill allows the Department to release offenders who are beyond their Earned Release Date(ERD)if certain
conditions are met. If the offender's release plan is not sufficient,the Department may provide partial confinement and/or
housing vouchers to facilitate the offender's transition to the community.
The proposed language would allow the Department to provide partial confinement and/or rental vouchers up to three
months for offenders that are beyond their earned release date due a non approved release plan. The Department of
Corrections during Fiscal Year 2008 held 1,258 offenders(ADP of 370)beyond their earned release date due to non
approved release plans. Many of these offenders lack approved housing in the community for their release. The
Department estimates that 75%or 944 offenders would be able to be released under this legislation. Because placement
has not been approved,the Department assumes 75%of the identified population or 708 will receive a rental voucher for
Request# 144-2
Form FN(Rev 1/00) 2 Bill t 5525 SB 5525 AMH HS MERE 087
FNS063 Individual State Agency Fiscal Note
' 4
three months.
Of those released,it is estimated that 25 percent will present sufficient risk that partial confinement is necessary for three
months. Partial confinement is assumed to be electronic home and/or GPS monitoring.
Prison Impacts:
The Department estimates an ADP reduction of 278 per year or($4,130,298 per year)by releasing these offenders
instead of holding the offender in prison when they are beyond their early release date.
Community Impacts:
The Department estimates 315 offenders per year would be placed on electronic home monitoring(EHM)as a form of
"partial confinement". The Department estimates an additional$439,514 per year will be required for equipment and
equipment replacement. Additionally,the Department assumes 708 offenders would receive housing vouchers at
$15.00 per day for three months at a cost of$955,294 a year.
Part III: Expenditure Detail
III.A-Expenditures by Object Or Purpose
FY 2010 FY 2011 2009-11 2011-13 2013-15
FTE Staff Years (42.8) (42.8) (42.8) (42.8) (42.8)
A-Salaries and Wages (2,224,026) (2,224,026) (4,448,052) (4,448,052) (4,448,052)
B-Employee Benefits (1,268,387) (1,268,387) (2,536,774) (2,536,774) (2,536,774)
C-Personal Service Contracts
E-Goods and Services 1,400,980 1,400,980 2,801,960 2,801,960 2,801,960
G-Travel 9,600 9,600 19,200 19,200 19,200
J-Capital Outlays 78,625 78,625 157,250 157,250 157,250
M-Inter Agency/Fund Transfers
N-Grants,Benefits&Client Services (42,218) (42,218) (84,436) (84,436) (84,436)
P-Debt Service
S-Interagency Reimbursements -
T-Intra-Agency Reimbursements
9-
Total: $(2,045,426) $(2,045,426) $(4,090,852) ($4,090,852) $(4,090,852)
III.B-Detail: List FTEs•by classification and corresponding annual compensation. Totals need to agree with total FTE.s in Part I
and Part ILIA
Job Classification Salary FY 2010 FY 2011 2009-11 2011-13 2013-15
Community Corrections 48,164 8.0 8.0 8.0 8.0 8.0
Correctional Staff(Workload Model 51,742 (50.8) (50.8) (50.8) (50.8) (50.8)
Driven variety
Total FTE's 99,906 (42.8) (42.8) (42.8) (42.8) (42.8)
IIL C-Expenditures By Program(optional)
Program FY 2010 FY 2011 2009-11 2011-13 2013-15
Correctional Operations(200) (4,128,334) (4,128,334) (8,256,668) (8,256,668) (8,256,668)
Community Corrections(300) 2,082,908 2,082,908 4,165,816 4,165,816 4,165,816
Total$ (2,045,426) (2,045,426) (4,090,852) (4,090,852) (4,090,852)
Part IV: Capital Budget Impact
Request# I44-2
Form FN(Rev 1/00) 3 Bill#5525 SB 5525 AMH HS MERE 087
FNS063 Individual State Agency Fiscal Note
Part V: New Rule Making Required
Identify provisions of the measure that require the agency to adopt new administrative rules or repeal/revise existing rules.
Request# 144-2
Form EN(Rev l/00) 4 Bill#5525 SB 5525 AMH HS MERE 087
FNS063 Individual State Agency Fiscal Note
Individual State Agency Fiscal Note
Bill Number: 5525 SB 5525 Title: State institutions/release Agency: 325-Sentencing Guidelines
AMH HS MERE Commission
087
Part I: Estimates
X❑ No Fiscal Impact
The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
and alternate ranges(if appropriate),are explained in Part II.
Check applicable boxes and follow corresponding instructions:
❑ If fiscal impact is greater than$50,000 per fiscal year in the current biennium or in subsequent biennia,complete entire fiscal note
form Parts I-V.
ElIf fiscal impact is less than$50,000 per fiscal year in the current biennium or in subsequent biennia,complete this page only(Part I).
ElCapital budget impact,complete Part IV.
ElRequires new rule making,complete Part V.
Legislative Contact: Alex MacBain Phone: 360-786-7288 Date: 03/29/2009
Agency Preparation: Keri-Anne Jetzer Phone: 360-407-1060 Date: 04/01/2009
Agency Approval: Keri-Anne Jetzer Phone: 360-407-1060 Date: 04/01/2009
OFM Review: Adam Aaseby Phone: 360-902-0539 Date: 04/01/2009
Request# 325-09-070-1
Form FN(Rev 1.'00) 1 Bill#5525 SB 5525 AMH HS MERE 087
FNS063 Individual State Agency Fiscal Note
Briefly describe by section number,the significant provisions of the bill,and any related workload or policy assumptions,that have revenue or
expenditure impact on the responding agency.
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency,identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the cash
receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.
Briefly describe the agency expenditures necessary to implement this legislation(or savings resulting from this legislation),identifying by section number
the provisions of the legislation that result in the expenditures(or savings). Briefly describe the factual basis of the assumptions and the method by
which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing
functions.
Part IV: Capital Budget Impact
Request# 325-09-070-1
Form FN(Rev 1/00) 2 Bill is 5525 SB 5525 AMH HS MERE 087
FNS063 Individual State Agency Fiscal Note
SB 5525 AMH HS MERE 087
RENTAL VOUCHERS FOR RELEASE
325—Sentencing Guidelines Commission
April 1, 2009
SUMMARY
A brief description of what the measure does that has fiscal impact.
Section 1 This section of the Act, amends RCW 9.94A.728 and 2007 c 483 s 304, (effective until
August 1, 2009),to re-organize and incorporate section three of this Act.
Section 2 This section of the Act, amends RCW 9.94A.728 and 2008 c 231 s 34 (effective on
August 1, 2009),to re-organize and incorporate section three of this Act.
Section 3 This section of the Act, adds a new section regarding offenders eligibility to earn release
time which re-organizes and replaces RCW 9.94A.728(1)-(3). It changes eligibility of
the offender from being classified into one of the two lowest risk categories, to "not
classified...at a high risk to reoffend" according to a risk assessment tool recommended
by the Washington State Institute for Public Policy.
For those offenders who are unable to have their release plan approved, the department of
corrections may provide rental vouchers not to exceed three months if it will result in an
approved release plan.
Makes the receipt of a rental voucher conditional on the assessment for and availability of
services in the community for an offender released from the Department of Corrections.
Section 4 Makes section 2 of the Act effective on August 1,2009.
Section 5 Makes section 1 of this Act expire on August 1, 2009.
Section 6 Provides an emergency clause for the entire Act to take effect immediately. (It is unclear
if this applies also to section 2 which has an effective date of August 1, 2009.)
EXPENDITURES
Assumptions.
None
Impact on the Sentencing Guidelines Commission.
This bill would not require modification of the Commission's database and data entry programs.
Impact on prison and jail beds.
This bill does not affect criminal sentencing itself,but rather, the amount of time an offender may serve
in confinement after sentencing; therefore, the Sentencing Guidelines Commission cannot provide
impact analyses.
Keri-Anne Jetzer (360)407-1070
Washington State Sentencing Guidelines Commission KeriJ@sgc.wa.gov
F Y;
IL
hi,
OF CITY HALL a...d:d
33325 8th Avenue South
Federal Way Mailing Address: PO Box 9718
Federal Way,WA 98063-9718
(253)835-7000
www.cityoffecleralway.com
April 14, 2010
Mr. John Kois via e-mail:john(nwtitan.com
PO Box 1621
Tacoma,WA 98401
RE: File#10-100927-AD; ADDITIONAL INFORMATION REQUESTED
"Transitional Housing" in the RS 7.2 Zoning District
Dear Mr. Kois:
The Department of Community Development Services received your March 8, 2010, letter requesting
permission to provide"Transitional Housing"in the RS 7.2 zoning district. You stated that your
Transitional Housing would be in compliance with RCW 84.36.043,would provide a clean and sober
environment for residents who are monitored for compliance daily, and would not allow sex offenders of
any class as residents. Although no address was referenced,you noted that you were interested in the RS
7.2 zoning district.
Unfortunately, as discussed below, we need more information in order to evaluate your request.
FWRC-Background
In the Federal Way Revised Code(FWRC), the only type of transitional housing is listed under FWRC
19.05.190 S-Definitions:Social Service Transitional Housing, which are facilities that provide temporary
and transitional housing to individuals on an as-needed basis,are operated by a non-profit social services
agency, and are licensed as required by the state. While social service transitional housing uses are
permitted in several zoning districts in the City, they are not permitted in the Single Family(RS)zoning
district.
However, the definition also states that limitations on the number of residents in social service transitional
housing facilities are not applied if it"prohibits the city from making reasonable accommodations to
disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required
by the Federal Fair Housing Amendments Act of 1988 USC 3604(f)(3)(b)."Under this provision, housing
for disabled persons would be permitted in the RS zone as long as no more than five unrelated persons
reside in the home. If no more than five unrelated persons live in the home at any one time, the City
would consider those residents a"family"as defined under Federal Way Revised Code. This "family"
housing use would be permitted outright and not require any permits,approval, or licensing under FWRC
19.105.060.
However, if more than five unrelated residents are living in a house in the RS zone, the definition of
"family"no longer applies. Social Service Transitional Housing uses for more than five unrelated
residents are permitted in other zones, such as the RM (Multi-family)zoning district, but are not allowed
in the RS zone.
•
Mr. Jo Kois;
April 14,2010
Page 2
Additional Information Requested
I do have a few questions about the proposed housing. You stated that the transitional housing would be
for residents of a clean and sober environment and in compliance with the RCW 84.36.043' yet this RCW
concerns low income homeless persons or victims of domestic violence2 and I'm not certain what
reference this RCW has for your clients. Victims of domestic violence are of a class that is protected by
the federal fair housing rules, and housing for victims of domestic violence is exempt from the definition
of"family."However, low-income homeless persons are not a protected class based on the Fair Housing
Act unless they are disabled. Recovering alcoholics are a protected class and that housing would be
exempt from the definition of family,but recovering alcoholics are not listed in the RCW that you cited.
In order for the City to provide direction for your proposed housing,please provide additional information
about the occupants of the proposed housing, including their eligibility as a protected class and the
number of proposed unrelated occupants. Basic information about the organizational non-profit group
would also be helpful, as would any proposed housing location. Please use the enclosed Resubmittal
Information Form for tracking purposes.
If you have any questions regarding this letter or would like further clarification, please contact me at
253-835-2642 or deb.barker®cityoffederalway.com.
Sincerely,
atir
Deb Barker
Senior Planner
enc: Resubmittal Information Form
1 RCW 84.36.043: "Nonprofit organization property used in providing emergency or transitional housing to low income
homeless persons or victims of domestic violence",
2"RCW 84.36.043(I)The real and personal property used by a nonprofit organization in providing emergency or transitional
housing for low-income homeless persons as defined in RCW 35.21.685 or 36.32.415 or victims of domestic violence who are
homeless for personal safety reasons is exempt from taxation."
1 0-1009 27 Doc.t.D 53255
PP
/CQ - /OO CTZF-00
•
RECEIVED BY
•
COMMUNITY DEVELOPMENT DEPARTMENT
03-08-2010 MAR 0 9 2010
John.Kois
PO Box 1621
Tacoma,WA 98401
john@nwtitan.com
Community Development
do Isaac Conlen
PO Box 9718
Federal Way WA 98063
Dear Isaac,
I am requesting permission to provide Transitional Housing in Zone RS7.2. The Transitional Housing
shall be in full compliance of RCW 84.36.043.The Program shall provide a clean and sober
environment for the residents that are monitored for compliance daily.This program will not allow sex
offenders of any class as residents.The goal of the program is to help its residents become contributing
members of the community.
Thank ou very much f your time,
John Ko
Doc.I.D.