16-102138. A�k
CITY OF
Federal Way
Department of Community Development
Interpretation #16-01
Kelly DeLaat-Maher, of Smith Aliing, PS, requested an interpretation of Chapter 19.235 FWRC (attached) on
behalf of Matthew Jarvis and Jarvis Financial to clarify whether a day center is a permitted use in the Office
Park zone ("OP zone").` Section 19.50.010 of the Federal Way Revised Code ("FWRC") authorizes the
Director of Community Development to interpret the application or intent of any development regulation in
Title 19 FWRC, which includes the OP zone and the uses permitted under Chapter 19.235 FWRC. As discussed
below, a day center use is permitted in the OP zone.
1. Subject
Pursuant to Chapter 19.235 FWRC, is a day center a permitted use within the OP zone?
2. Interpretation
A day center is permitted in the OP zone under the "office use" category of FWRC 19.235.010.
Chapter 19.235 FWRC allows myriad uses such as: office uses, retail establishments, restaurants, commercial
recreation facilities, educational uses, day cares, hospitals, nursing homes, government uses, utilities, cellular
facilities and churches among others. While a day center is not specifically identified within the OP zone or any
other zone within the City, the characteristics of the proposed day center use is a permitted office use under
FWRC 19.235.010 and as defined in FWRC 19.05.150.
3. Criteria
Pursuant to FWRC 19.50.040(2), and as described in further detail in Section 5, this interpretation is based on:
(a) The defined or common meaning, as applicable, of the words in the provision.
This interpretation of the permitted uses in the OP zone under Chapter 19.235 FWRC is based on the
definition of "office use" contained in the definitions chapter of Title 19 FWRC, the Zoning and
Development Code. FWRC 19.05.150.
1 While the interpretation request uses the terms "homeless shelter," "day shelter," and "homeless day shelter"
interchangeably, the proposed use at issue is in fact a "day center." Unlike a shelter, the day center use will not
provide temporary residence for individuals or families. The day center will provide services to clients and makes no
distinction to categorize such clients as "homeless" or otherwise. Accordingly, this interpretation addresses the
question of whether a "day center" is a permitted use in the OP zone.
Doc. I.D.
(b) The general purpose of the provision as expressed in the provision.
FWRC 19.05.280 states that "[t]he purpose of [Title 19] is to provide for and promote the health, safety
and welfare of the general public and not to create or otherwise establish or designate any particular
class or group of persons who will or should be especially protected or benefited by the provisions of
[Title 19]." Allowing a day center use within the OP zone is consistent with the purpose of Title 19
because it provides services that specifically benefit the health, safety, and welfare of the general public
and does not establish or designate any particular class or group of persons to benefit or protect. The
day center use will allow citizens to access basic health services that may not otherwise be available.
(c) The logical or likely meaning of the provision viewed in relation to the comprehensive plan, the FWRC
as a whole, or other plans or studies prepared or adopted by the City.
The comprehensive plan supports providing services to residents but is silent on the specific topic
of a day center.
The City of Federal Way's 2015-19 Consolidated Plan speaks to both the presence of homeless
persons and low-income families in Federal Way, and their needs for services. The organizational
systems and infrastructure for such services are inadequate to meet the City's needs. The
Consolidated Plan strategies include support for creating and enhancing opportunities for low -
and moderate -income persons, including stimulating job growth and providing safety net services
for those populations facing significant barriers until they are able to reach the goal of self-
sufficiency.
Interpreting Chapter 19.235 FWRC to allow day centers as a permitted use is consistent with the
City's established goal of supporting services to benefit the City's residents.
4. FWRC Citations
FWRC 19.235.010 - Office/Retail:
The following uses shall be pennitted in the office park (OP) zone subject to the regulations
and notes set forth in this section:... Office use...
FWRC 19.05.150 - O Definitions:
"Office use" means a place of employment providing services other than production,
distribution, sale or repair of goods or commodities, and includes but is not limited to:
medical, dental or other health care; veterinary, accounting, legal, architectural,
engineering, consulting or other similar professional services; management,
administrative, secretarial, marketing, advertising, personnel or other similar personnel
services; sales offices where no inventories or goods are available on the premises; real
estate, insurance, travel agent, loan companies, brokerage or other similar services. The
following uses are specifically excluded from the definition of "office": banks, savings
and loan companies and similar financial institutions.
5. Analysis
A day center use qualifies as an "office use" under FWRC 19.05.150. The definition of "office use" in
FWRC 19.05.150 is broad and includes places of employment providing services. The definition includes
examples of places of employment providing services for illustrative purposes and not as a limitation. The
DOC. I.D.
proposed day center use will be a place of employment offering services that do not include production,
distribution, sale, or repair and will offer consulting and/or counseling services. The proposed day center
will also provide services that are consistent with medical and other healthcare uses. Because a day center
use is an "office use," and is not one of the uses specifically excluded from the definition of office and the
OP zone, it is a permitted use in the OP zone, FWRC 19.235.010.
The floor plan for the proposed day center submitted by the applicant shows a lobby (a typical office
element), counseling and administrative offices (typical office element), hallways, storage areas, and a
mechanical room (all typical office elements). The plan also shows a large open area, which the City
understands is intended to be used for: (1) computer stations for job searching, training, and other uses;
(2) a lunchroom; and (3) a multi -use space with seating. These three categories on the floor plan are all
typical of office uses. The floor plan also shows a small kitchen (typical office element). Lastly, the floor
plan shows a restroom facility with showers and a laundry room. While these elements may not be typical
in every office, many offices do include such amenities. The proposed shower and laundry facilities are
intended to support basic health services, namely, cleanliness.
In effect, the proposed use consists of clients coming to the building to receive a variety of services offered
there. This is typical of office uses throughout the City, state, and country (medical offices, tax offices,
counseling offices, physical therapy offices, job training offices, etc.). It is important to note that the proposed
use is not a shelter and does not include a residential component.
In addition to being consistent with the definition of "office use," there is precedent for considering a day center
use as an office use allowed in the OP zone. The Multi Service Center ("MSC"), a non-profit organization
focused on providing services for low-income persons, is located in the OP zone just to the west of the subject
property. The City considerers the MSC to be an office use, approving a 10,012 square foot addition in 2009.
The MSC operates a food and clothing bank in addition to offering counseling and referral services. These
services are similar to the services that will be offered by the proposed day center.
The interpretation is also consistent with the overall purpose of the FWRC, which is to promote and
protect the general health, safety, and welfare of the citizens of Federal Way.
6. Conclusions
For the reasons stated above, a "day center" is an allowed use in the OP zone under the category of
"office use."
Pursuant to FWRC 19.50,060, this interpretation may be appealed to the City Hearing Examiner using Process
IV review, Chapter 19.70 FWRC, within j,4 calendar days of the date of issuance listed below.
Scott rout, Actrng C munsty Development Director
Date
Doc. I.D.
l
CITY OF=�
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT
33325 8t" Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
www.cityoffederalwciy.com
DECLARATION OF DISTRIBUTION
1, E. Tina Piety hereby declare, under penalty of perjury of the laws of the
State of Washington, that a:
❑ Notice of Land Use Application/Action
❑ Notice of Determination of Significance
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignificance (SEPA, DNS)
❑ Notice of Mitigated Environmental
Determination of Nonsignificance (SEPA,
MDNS)
❑ Notice of Land Use Application &
Optional DNS/MDNS
P� FWRC Interpretation
❑ Other
❑ Land Use Decision Letter
❑ Notice of Public Hearing before the
Hearing Examiner
❑ Notice of Planning Commission Public
Hearing
❑ Notice of LUTC/CC Public Hearing
❑ Notice of Application for Shoreline
Management Permit
❑ Shoreline Management Permit
❑ Adoption of Existing Environmental
Document
was ❑ mailed ❑ faxed Cke-mailed and/or ❑ posted to or at each of the attached addresses on
Project Name C' .'
File Number(s) 1; --i /� 1 `39 -Gt
Signature
Date Z-1,
K:\CD Administration Files\Declaration of DlstNbution.doc/Last printed 4/1 /2016 10:59:00 AM
Ak-
CITY OF
Federal Way
NOTICE OF DEPARTMENT OF COMMUNITY DEVELOPMENT
INTERPRETATION #16-01
Citation of Code Provision
An interpretation of Chapter 19.235 Federal Way Revised Code (FWRC) to clarify whether a day center is a
permitted use in the Office Park (OP) zone. Chapter 19.235 FWRC permits "office uses," as defined in FWRC
19.05,150, which includes a place of employment providing services other than production, distribution, sale, or
repair of goods or commodities.
Summary Statement of Interpretation
A day center is permitted in the OP zone under the "office use" category of FWRC 19.235.010.
Date of Interpretation
May 31, 2016
Availability of Official File
The official project file (#16-102138-00-UP) is available for review at the City of Federal Way
Department of Community Development (Federal Way City Hail, 33325 81h Avenue South, Federal Way,
WA 98063-9718), 253-835-2607, or ermitcenter ci offederalwa .com, from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Right to Appeal
Any person who is aggrieved by this interpretation may file a written letter of appeal to Acting Director
Scott Sprout, indicating how the interpretation affects his or her property or other interest and present any
relevant arguments or information on the correctness of the interpretation, within 14 days of the issuance
of the decision. The appellant shall include the appeal fees as established by the city. The appeal will not
be accepted unless the required fee accompanies it.
An appeal of this interpretation will be reviewed and decided upon using the process for appeals outlined
in FWRC 19.55.060 and Chapter- 19.70 FWRC.
Deadline for Filing an Appeal
5:00 p.m., June 14, 2016
City Staff Contact
Planning Manager Isaac Conlen, 253-835-2643, or isaac.conleji@cilyoffederalwgy.com
Published in the Federal Way Mirror on June 3, 2016.
Doc. I.D. 73 63 8
File # 16-102138-00-UP
Tina Piet
From: Jennifer Anderson <jnderson@fedwaymirror.com>
Sent: Wednesday, June 01, 2016 2:18 PM
To: Tina Piety
Subject: Re: Legal Notice
Got it, thanks!
Jennifer Anderson
Advertising Sales Consultant
Direct: 253-946-2890
Internal: 35602
Fax: 253-925-5750
31919 1 st Ave S, Ste 101, Federal Way, WA 98003
a
Sound Publishing
Man Print Rates online Rate Media Kit Sound Info
On Wed, Jun 1, 2016 at 2:11 PM, Tina Piety <I ina.Piety tc_,cityoffederalway-comma wrote:
Hello Jennifer,
Please publish the attached legal notice (Notice of Interpretation 16-01, 16-102138-UP) in Friday's (6/3/16)
issue. Please furnish an affidavit of publication. Thank you,
Tina
E. Tina Piety
Administrative Assistant II
i ederal Way
Community Development Department
33325 81" Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2601 Fax: 253/835-2609
www.cityoffederalway.com
1
CITY OF
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT
33325 8th Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
ww w.cifivaffederaIwaY_com
DECLARATION OF DISTRIBUTION
1, ,y< P-6. j i I S hereby declare, under penalty of perjury of the laws of the State of
Washington, that a:
❑ Notice of Land Use Application/Action ❑ Land Use Decision Letter
❑ Notice of Determination of Significance
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignificance (SEPA, DNS)
❑ Notice of Mitigated Environmental
Determination of Nonsignificance (SEPA,
MDNS)
❑ Notice of Land Use Application &
Optional DNS/MDNS
❑ FWRC Interpretation
❑ Notice of Public Hearing before the
Hearing Examiner
❑ Notice of Planning Commission Public
Hearing
❑ Notice of LUTC/CC Public Hearing
❑ Notice of Application for Shoreline
Management Permit
❑ Shoreline Management Permit
❑ Adoption of Existing Environmental
Document
Other U -� 61. f� ��, c:��nt �.�►��,l cr rt lfl C. ., c<<
was ❑ mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on
ri, -a s
Project Name ��� Cel\ �,eF n L4—r-( 1/1
File Number(s) ) G g, 13 g - 0 o- uto
Signature n JJ 1—Date /J&
K:\CD Administration Fles\Declaration of Distribution.doc/Last printed 6/1 /2016 7:51:00 AM
Posted Sites: /
Federal Way City Hall: 33325 8th Ave South
Federal Way Library: 34200 1 st Way South
Federal Way 320th Library: 848 S. 320th St o/
K:\CD Administration Files\Declaration of Distribution.doc/Last printed 6/1 /2016 7:51:00 AM
41k
CITY OF
Federal Way
NOTICE OF DEPARTMENT OF COMMUNITY DEVELOPMENT
INTERPRETATION #16-01
Citation of Code Provision
An interpretation of Chapter 19.235 Federal Way Revised Code (FWRC) to clarify whether a day center is a
permitted use in the Office Park (OP) zone. Chapter 19.235 FWRC permits "office uses," as defined in FWRC
19.05.150, which includes a place of employment providing services other than production, distribution, sale, or
repair of goods or commodities.
Summary Statement of Interpretation
A day center is permitted in the OP zone under the "office use" category of FWRC 19.235.010,
Date of Interpretation
May 31, 2016
Availability of Official File
The official project file (#16-102138-00-UP) is available for review at the City of Federal Way
Department of Community Development (Federal Way City Hall, 33325 8`h Avenue South, Federal Way,
WA 98063-9718), 253-835-2607, or ermitcenter cit ❑ffederalwa .com, from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Right to Appeal
Any person who is aggrieved by this interpretation may file a written letter of appeal to Acting Director
Scott Sproul, indicating how the interpretation affects his or her property or other interest and present any
relevant arguments or information on the correctness of the interpretation, within 14 days of the issuance
of the decision. The appellant shall include the appeal fees as established by the city. The appeal will not
be accepted unless the required fee accompanies it.
An appeal of this interpretation will be reviewed and decided upon using the process for appeals outlined
in FWRC 19.55.060 and Chapter 19.70 FWRC.
Deadline for Filing an Appeal
5:00 p.m., June 14, 2016
City Staff Contact
Planning Manager Isaac Conlen, 253-835-2643, or isaae.conien cit offederalwa .com
Published in the Federal Way Mirror on June 3, 2016.
File #16-102138-00-UP Doc. I.D. 73638
P ciCEIVED
MAY 0 2 2016
CITY OFF
Federal Way
CITY OF FEDERAL WAY
MASTER LANVUSE APPLICATION
DEPARTMENT OF COMMUNrry DEVELOPMENT SERVICES
33325 8`h Avenue South
Federal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
www.c1tyoffeder&[way.co
APPLICATIONNW) Date May 2 2016 _
Project Name
Catholic Community Services Day Shelter
Property Address/Location
Parcel Number(s) 926503-0053
Project Description Construction of a day shelter _
PLEASE PRINT
Type of Permit Required
_ Annexation
_ Binding Site Plan
_ Boundary Line Adjustment
Comp Plan/Rezone
_ Land Surface Modification
_ Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process II (Site Plan Review)
T Process III (Project Approval)
Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
OP Zoning Designation
_Comprehensive Plan Designation
l Inknown Va1ue of Existing Improvements
Unknown Value of Proposed Improvements
International Building Code (IBC):
_Occupancy Type
Construction Type
Bulletin #003 — January 1, 2011
Applicant
Name:
Matthew Jarvis
Address:
33308 13th Place South, Suite 3
City/State:
Federal Way, WA
Zip:
98003
Phone:
253-261-0384
Fax:
Email:
Signature:
Agent (if different than Applicant)
Name: Kelly DeLaat-Maher of Smith Alling, PS
Address: 1501 DoCk Street
City/State: Tacoma, WA
Zip' 98402
Phone: 253-627-1091
Fax: 253-627-0123
Email: Kelly@smithalling.com
Signature:
Owner
Name: Schultz Murphy Properties
Address:
30504 Pacific Highway South
city'state:
Federal Way, WA
Zip:
98003
Phone:
Fax:
Email:
Signature:
Page I of 1
k:\Handouts\Master Land Use Application
SMITH ALLANGPS
ATTC)R11EYS Al' LAW
1501 Dock Street, Tacoma, WA 98402
Tel: (253) 627-1091 1 Fax: (253) 627-0123
www.smithalling.com
May 2, 2016
Scott Sproul
Acting Director of Community Development
City of Federal Way
33325 8th Avenue South
Federal Way, WA 98003
Re: Catholic Community Services Day Shelter
33505 13th Place South, Federal Way, WA
Dear Mr. Sproul:
Chad E. Ahrens
Douglas V. Alling
Gina M. Auter
Kelly DeLaat-Maher
Barbara A. Henderson
Edward G, Hudson
Russell A. Knight
Michael E. McAleenan
Robert L. Michaels
Thomas P. Quinlan
C. Tyler Shiltito
Morgan K. Edrington
Matthew C. Niemela
RECEIVED
MAY 0 2 2016
CITY OF FEDERAL WAY
CDS
This firm represents Matthew Jarvis and Jarvis Financial relating to the City's efforts to
approve the establishment of a homeless day shelter located at 33505 13th Place South, Federal
Way, Washington. This shelter will impact Mr. Jarvis's business, and he is concerned regarding
its implementation.
I previously wrote to the City Council with respect to this project, and have spoken to
several people within the City regarding my client's desire to be kept in the loop as to any
development of that project, including the Director of Community Development, Michael
Morales and the City Attorney, Amy Jo Pearsall. Further, my client, as well as other concerned
business owners, have been in contact with the City and met with the Mayor regarding their
concerns.
Despite having communicated our request to be notified in the event of development, I
understand that the City may now be in the process of either issuing a building permit or
development permit for that site. Please accept this letter as a request for a formal interpretation
by the Community Development Director under Federal Way Revised Code Chapter 19.50
et. seq.
+ a
May 2, 2016
Page 2
It is our opinion that a homeless shelter at that location is inconsistent with zoning codes.
That property and the surrounding properties, including the properties owned and operated by
my client, are within the Office Park (OP) zone. My review of the City of Federal Way's zoning
code, specifically Chapter 19.235, indicates that a homeless shelter use is not contemplated or
consistent with that zoning. As such, we ask for an interpretation of FWRC 19.235 as to how it
allows for a day shelter in the Office Park zone.
Our client and other business owners within the area have not been given an opportunity
to provide official comments as to that use and it is unclear as to how that use is approved or is in
the process of being approved within that zone. Further, I understand that the City of Federal
Way has approved funding to support the shelter in that location. Again, the surrounding
business owners were not given an opportunity or notice to comment with respect to those
decisions.
Please be advised that these business owners object to the implementation of a shelter in
that area as simply as being inconsistent with the surrounding business usages, including the
operation of a daycare across the street.
Pursuant to FWRC 19.50,030, 1 understand that an applicant for an interpretation must
submit a Master Land Use Application, along with a written description of the code request.
This letter constitutes a written description of the request for interpretation. While I am
enclosing a Master Land Use Application, the City's form does not appear to be tailored for an
interpretation request under FWRC 19.50,030, Notwithstanding, we have completed it as
outlined, and ask that any deficiencies in the Application be determined de minimus to the
process.
Thank you for your attention to this matter.
Sincerely,
SMITH ALLING, PS
KDM/mn
Eno.
cc: Client
PROJECT INFORMATION NOTES.
-YEAR BUILT 1990
-USE GROUP CLAS61FICATIOIN \ 'A- L OCCUPANT LOAD SHALL NOT EXCEED 29
-FLOOR AREA i 2 THE MEANS OF EGRESS SHALL BE
-DESIGN OCCUPANCY LOAD
S.B' COMPLT WITH SECTION 10061 , INCWDING
-TYPE OF CONSTRUCTION THE EXIT DISCHARGE SHALL BE
ILLUMINATED AT ALL TIMES THE BUILDING
-MONITERED SPRINKLER SYSTEM = NO SPACE SERVED BY THE MEANS OF
-FIRE ALARM SYSTEM = NOT INSTALLED EGRESS 15 OCCUPIED,
OF REQUIRED EXITS =I
-FLOOR DESIGN LIVE LOAD = 100 PSF 3 ALL Y WITH SECTION
N 100 SHALL
COMPLY WITH SECTION 10061
PROJECT DESGRIPTION 4ALLRO13LIWOMS AHIWTONSTATELL BE COMPLY T"
SECTION 1513b l WASHINGTON STATE
ENERGY CODE, SECTION 1513b
-TENANT IMPROVEMENT
5. ALL DAYLIGHT ZONES SHALL COMPLY
-EXISTING 2000 SO FT, SPACE WITH WSEC SECTION 15133
TO CREATE CATHOLIC COMMUNITY SERVICE OFFICE
G ALL LIGHT AND ELECTRICAL SHALL BE
-CEILING LIGHTING FIXTURE PER PROVIDED BY A LICENSED ELECTRICAL
EXISTING MECHANICAL PLAN CONTRACTOR ELECTRTIAN RESPONSIBLE
FOR ELECTRICAL PERMIT
-EXISTING CONSTRICTION TYPE: 'EXISTING WOOD BUILDING'
ALL INTERIOR WALL ARE PARTITION WALL 1 ASCEI-05, SECTION 135BJ ALL
PARTITIONS WALL GREATER THAN 6'-0' IN
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-2012 INTERNATIONAL FIRE CODE (IFC) 4'* A PROMwrnP pftwu91°` \
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