Planning Commission PKT 05-21-2014City of Federal Way
PLANNING COMMISSION
May 21, 2014 City Hall
7:00 p.m. Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
January 15, 2014, and March 19, 2014
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
0 STUDY SESSION
Proposed Amendments Related to Group Homes Type III
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners
Tom Medhurst, Chair Lawson Bronson, Vice -Chair
Merle Pfeifer Wayne Carlson
Hope Elder Sarady Long
Tim O'Neil
K\Planning Commission \2014 \Agenda 05- 21- 14.doc
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Isaac Conlen, Planning Manager
Margaret Clark, Principal Planner
E. Tina Piety, Administrative Assistant
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CITY OF FEDERAL WAY
PLANNING COMMISSION
January 15, 2014 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Lawson Bronson, Tom Medhurst, Sarady Long, and Wayne
Carlson. Commissioners absent: Hope Elder and Tim O'Neil (both excused). Staff present: Planning
Manager Isaac Conlen, Principal Planner Margaret Clark, and Assistant City Attorney Peter Beckwith.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m
APPROVAL OF MINUTES
The minutes of September 18, 2013, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Chair Pfeifer inquired about the status of the SHAG project. Planning Manager Conlen clarified that this
is a senior housing project located on Pacific Highway South at the old Dunn Lumber site. The city is
waiting on the applicant and once they submit the requested items, the building permit will be issued.
Chair Pfeifer asked what the projected length of construction of the project is. Planning Manager Conlen
replied it is hard to say due to numerous possible situations; it will likely take four to six months. They
are proposing two buildings and therefore, are likely to phase the project, so the time would be for the
first phase. Commissioner Carlson asked what is being built near Lowe's. Planning Manager Conlen
replied it is a Taco Time.
COMMISSION BUSINESS
ELECTIONS
Commissioner Lawson Bronson was nominated for vice- chair. There were no other nominations and no
discussion. Commissioner Bronson was elected vice - chair. Commissioner Tom Medhurst was
nominated for chair. There were no other nominations and no discussion. Commissioner Medhurst was
elected chair.
ORIENTATION
Assistant City Attorney Beckwith delivered the orientation. He went over what the Planning
Commission rules and how they operate. He gave them a memo from the Law Department and a copy
of the Planning Commission Rules and Procedures.
KAPIanning Commission \2014\Meeting Summary 01- 15- 14.doc
Planning Commission Minutes Page 2 January 15, 2014
According to the Law memo, the Commission is responsible for giving the City Council
recommendations on amendments to the Federal Way Comprehensive Plan, development regulations,
and legislative rezones. Commissioners are subject to the city's Code of Ethics. If any Commissioner
has a financial interest in a topic before the Commission, they should inform staff and staff will
determine if they should be requested to recuse themselves. All actions taken by the Commission are
subject to the Open Public Meetings Act. This includes any deliberation or discussion (in- person,
telephone, or email) about any topic before the Commission that takes place with a quorum (four or
more Commissioners). Any document created by or for the city is a public record and potentially
subject to public disclosure. If the document (or email) is done on a home computer, the computer
records could become subject to public disclosure. Commission business should be conducted without
bias (Appearance of Fairness). Public facilities cannot be used for campaign purposes.
Under the Rules and Procedures, in order to make a recommendation, there must be a majority yes vote
from the entire Commission, not just a quorum of those present. The issue has arisen in the past
regarding how often the Planning Commission is required to meet under state law. RCW 35.63 requires
planning commissions to meet once a month or at least nine times in a year. However, the Federal Way
Planning Commission is not subject to this law because it is under RCW 35A.63, which does not have a
meeting requirement. They meet as needed.
BRIEFING — 2014 Planning Commission Work Program
Principal Planner Clark delivered the briefing (no action by Planning Commission) on the potential
2014 Planning Commission Work Program (it will go before the City Council for adoption). She
discussed staff reports that do not go before the Commission. She went over what the Commission (and
staff) accomplished in 2013. Currently, staff is working to revise zoning regulations for the siting of
Group Homes Type III and amending the process for updating the comprehensive plan. The remainders
of the proposed 2013 amendments have not been started and staff recommends they be carried over to
2014. The staff will also be working on the annual updates for the comprehensive plan and
development regulations. The city did not receive any development regulation amendment requests
from citizens, but did receive two requests for site - specific zoning changes to the comprehensive plan.
The following actions are required: 2015 Comprehensive Plan Update (to be completed by June 30,
2015); Critical Areas Regulations Update (to be completed by June 30, 2015); amend zoning
regulations for the siting of Group Homes Type III; and adopt marijuana - related code amendments in
response to state law. High priority requests include: amend process for updating the comprehensive
plan; amend the nonconforming provisions; and amend regulations to increase exempt levels for SEPA.
Medium priority requests include: adopt a more streamlined process for binding site plans; amend
regulations pertaining to types of improvements or structures allowed in required yards; broaden uses
and standardize bulk and dimensional requirements by zone and provide more appropriate setbacks and
landscape buffers for commercial uses; adopt zoning regulations for the Twin Lakes Commercial Sub -
Area; increase the maximum allowable building height in the CC -C Zoning District; make review of
variances an administrative process; and amend noticing provisions to incorporate new technologies
and remove inconsistencies. Low priority requests include: allow oversize vehicles in approved
enclosures in residential zones; allow senior housing/assisted living in the PO zone; and adopt an
ordinance addressing historic preservation.
In addition, the city has received interest from a mobile home community to adopt regulations to
preserve existing mobile home parks. City Council has requested staff to prepare a "white paper" on
this topic. The white paper will be presented to the Land Use /Transportation Committee (LUTC) on
February 3`d, along with the proposed 2014 Planning Commission Work Program. LUTC will have the
option to add this topic to the Planning Commission Work Program.
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Planning Commission Minutes Page 3 January 15, 2014
Finally, amendments may be added that may be necessary at any time of the year to correct existing
language. Any amendment may rise to a high priority if approved by the City Council. The next step is
to present the proposed 2014 Planning Commission Work Program to the LUTC, who will make a
recommendation to the City Council, who will make the final decision.
Commissioner Carlson noted that the Commission has often dealt with the issue of increasing the
building height in the City Center -Core (CC -C). Is it possible to have a more general requirement
without specific heights so the city doesn't have to deal with this issue every couple of years? Principal
Planner Clark replied that currently there is no cap on building height in the CC -C. The height can be
increased if the developer meets certain criteria. This proposed amendment will consider putting a cap
on the height.
Chair Medhurst asked what kind of development activity is the city seeing; residential or commercial?
Planning Manager Conlen responded that as things first picked -up there was a lot more residential. Now
it is more multi - family projects as opposed to single - family. Retail /commercial development is still
pretty slow. The city is receiving new businesses, but not a lot of construction.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 8:10 p.m.
KAPlanning Commission \2013\Meeting Summary 06- 24- 13.doc
CITY OF FEDERAL WAY
PLANNING COMMISSION
March 19, 2014 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Tom Medhurst, Lawson Bronson, Hope Elder, Tim O'Neil and Wayne Carlson.
Commissioners absent: Merle Pfeifer (excused) and Sarady Long (recused, he is working on this project as
a staff member). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior
Planner Janet Shull, Senior Planner Matt Herrera, and Assistant City Attorney Peter Beckwith.
CALL TO ORDER
Chair Medhurst called the meeting to order at 7:00 p.m.
OPEN HOUSE — 2015 Major Update to the Federal Way Comprehensive Plan (comp plan) &
Update to the Critical Areas Ordinance (CAO)
Welcome & Introductions
Chair Medhurst introduced the staff and Planning Commissioners in attendance. He thanked participants
for their involvement in this critical process. The purpose of the open house is to inform the public the
city has started the updates as required by Washington State, provide a quick overview of the comp plan
and CAO, discuss the process the city will be following and the anticipated timeline, and inform the
public how they can participate in the process. The Commission encourages the participants to review and
comment on the informational boards.
Short Presentation & Overview
Principal Planner Clark delivered the presentation and overview of the comp plan update. All cities in
Washington are required by state law under the Growth Management Act (GMA) to do a major update to
their comprehensive plans and critical areas ordinances. They must be completed by June 2015. The last
major update was 2004. The major updates are to be done every eight years, but since the economy was
not doing well, the state changed the deadline for the following update from 2012 to 2015. The city has
two webpages on its website: one for the comp plan update (www.cilyoffederalway.com /comppi n) and
the other for the CAO update (www.cilyoffederalway.com /criticalareas). For the comp plan, the GMA
requires the cities: review their comp plan; revise if necessary (based on Washington Department of
Commerce checklists); take legislative action; and have an overall public participation plan. The comp
plan is the vision of how the city should grow in the next 20 years. The goals and policies guide the city's
decisions and actions. Principal Planner Clark gave a quick history of the city's comp plan. The city does
update the comp plan annually. These are usually housekeeping updates to the chapters if necessary and
requests from citizens for changes to comprehensive plan and zoning for their property. The major update
deals with policies. The city will consider comments and suggestions from the public. Principal Planner
Clark explained the make -up of the current comp plan (available at www.cityoffederalway.com). The
comp plan needs to be consistent with the: GMA, PSRC (Puget Sound Regional Council) VISION 2040
(multi- county vision); and King County Countywide Planning Policies. In 2014 the city will: kick -off open
house this evening (with future on -line survey); obtain public input via web page, e-mail, and written mail;
review and prepare draft amendments; and present drafts (will be on website for public comment) to
Planning Commission, City Council's Land Use /Transportation Committee (LUTC) and City Council for
an initial briefing and to get feedback. In 2015 the city will: make revisions to chapters as necessary; hold
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a Planning Commission Public Hearing; send to LUTC for review and recommendation to City Council;
send to City Council for decision to approve (or not) the Comprehensive Plan Amendments (and the
Critical Areas Ordinance) by adopting ordinances; and if adopted, send a notice of the adopted amendment
with the comp plan and CAO ordinances to the state by June 30, 2015. The public is welcome and
encouraged to participate during all stages of this process.
Senior Planner Herrera delivered the staff presentation on the CAO update. The GMA requires
jurisdictions to designate critical areas. The CAO provides protection of areas such as wetlands, steep
slopes, landslide hazard areas, streams, aquifers, frequently flooded areas, lakes, and fish and wildlife
habitat conservation areas. The purpose of the ordinance is to protect the natural environment and the
public health, and safety. The ordinance is part of the Federal Way Revised Code (FWRC), our zoning
and development code. The city is required to update its CAO as a component of the overall major comp
plan update. The city will identify any gaps and verify whether policies and regulations within the
ordinance meet the Best Available Science (BAS) of the GMA. The city has hired the consulting firm of
Environmental Science Associates (ESA) to assist in the CAO update process. The city will: kick -off the
open house this evening; host additional public workshops and study sessions (to be determined); conduct
surveys, interviews, and focus group meetings; obtain public input via web page, e-mail, and written mail;
and adopt the amendments using the process outlined by Principal Planner Clark.
Q &A
Commissioner Elder stated the GMA mandates certain goals. She would like to know the status of the city
on reaching these goals and what is expected of the city. Principal Planner Clark responded that the goals
are general (they are outlined on a board). She stated we are meeting the goals through implementation of
our zoning code. The PSRC would not certify our plan if we were not meeting the goals. Commissioner
Elder is more specifically concerned that the city does not have the amount of low- income, affordable
housing required by the GMA. What is the city's housing goal? Principal Planner Clark replied that the
goal for affordable housing for the City of Federal Way is located in the King County Countywide
Planning Policies. The current policy requires affordable housing countywide, as opposed to each city
(which was the requirement in the past). Countywide, 12% of the total housing supply needs to be
affordable (30% to 50% of area median income). In addition, 12% of the total housing supply needs to be
affordable to those at 30% and below. The city does have affordable housing, but not for those at 30% and
below. The city will work with the region on meeting these goals. The 30% of median income for a family
of 2.4 (average household) is approximately $20,200 (based on 2013 HUD table).
How will the priorities be decided? Principal Planner Clark replied that the priorities are for the current
chapters of the comp plan and staff would like to have an idea of what the public are interested in. They
are intended for feedback and do not have a role beyond that.
Cynthia MacCotan — Regarding affordable housing in Federal Way, we are meeting the 12% goal for 30%
to 50% of area median income. Very few jurisdictions in the area are meeting the 12% goal for below 30%
of area median income. There are many extenuating circumstances that go into meeting the goal for 30%
and below. Federal Way has unique circumstances that will help us achieve this goal. One of these is that
the land costs in Federal Way are lower than many other nearby areas. The city has the land and
infrastructure for manufacturing and other businesses. She suggests the city develop subareas within the
comp plan that will attract manufacturing and other businesses.
Alex Wilford (representative of Master Builders Association) — Regarding PSRC growth targets, the city
has a new housing target of 8,100 new units. The current capacity is for 5,670. He is looking forward to
how the city will address this shortfall in the comp plan. He welcomes any comments or questions in this
process.
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Gene Loher — Business in the city since 1945. He has a unique perspective as a "winter" Texan. Texas'
primary emphasis is on business. In Washington, business gets forgotten in favor of the environment and
housing. He stated 90% of the character of a city is small businesses. Unique towns nurture their small
businesses. Federal Way has location and small businesses can thrive here (a good marketing area).
However, the city has burdened them with red tape. He encourages the city to consider the needs of small
businesses through this process.
Barry Margolese — He has a plat application to the city with environmental issues. Redmond allowed them
to apply environmental easements that allowed them to obtain density transfer units that let them place
more lots on a parcel they developed there. He asked if the City of Federal Way has such environmental
easements and density transfer units.
Planning Manager Conlen stated that the city does not currently have a program for density transfer. It is
something the city can research. The city has heard from citizens that they like the lower neighborhood
densities that already exist.
Commissioner Elder commented that she attended the City Council's recent retreat and noted that council
members are very attentive to the business community. Chair Medhurst commented that he is a business
owner in the city and he has seen that the city staff has worked hard to streamline process.
Open House & Wrap -Up
ADJOURN
The meeting was adjourned at 8:15 p.m.
KAPIanning Commission\2014Udeeting Summary 03- 19- 14.doc
�C
CITY OF
Federal Way
Development Regulations for
Group Homes Type III
Planning Commission Study Session
May 21, 2014
I. INTRODUCTION
This staff report presents an overview of the Type III category of group homes and preliminary
recommendations for amendments to the Federal Way Revised Code (FWRC) to address their
siting. The FWRC currently provides a definition of Group Homes Type III, which includes group
homes that may house sex offenders. However, Group Homes Type III are not permitted outright in
any zoning district (which means they are not allowed in the city).
Group homes qualify as an essential public facility. An essential public facility is typically a facility
or conveyance that is difficult to site due to unusual site requirements and/or significant public
opposition. State law requires that all jurisdictions establish comprehensive plan policies and
regulations that address the siting of essential public facilities. When processed as an essential
public facility, the FWRC requires that group homes be reviewed under the zoning provisions
found in respective zoning districts. This is problematic; however, because the code is silent on
what the underlying zoning provisions are for Group Homes Type III.
What is the focus of the proposed zoning code amendments for Group Homes Type III?
The primary issues being considered in the proposed amendments to Federal Way development
regulations include:
• Determine which zoning districts are potentially appropriate for the siting of Group
Homes Type III within the City of Federal Way.
• Determine what appropriate standards are for permitting Group Homes Type III —in
particular, what are the appropriate separation standards from sensitive land uses.
How best can we tie in the requirements specified in Title 12 of the FWRC
(Businesses) pertaining to "congregate residential facility" and "significant impact
business" to ensure that no more than one sex offender will be permitted to reside in
a single dwelling unit unless they meet the appropriate standards for siting a Group
Home Type III.
II. BACKGROUND
In 2013, the City of Federal Way learned of multiple registered sex offenders and one violent gang
member residing in a single family home. In addition, the home did not meet minimum health and
safety standards to allow for the number of residents living in the home irrespective of their
registered sex offender status. The residents were removed from the home, and on September 3,
2013, the Federal Way City Council enacted a six -month moratorium on Group Homes Type III
and sex offender housing so that adequate and reasonable regulations could be put in place.
Staff was unable to complete research on the regulating of group homes for sex offenders and bring
the matter to the Planning Commission within the time frame of the original six -month moratorium,
so on February 18, 2014, the City Council enacted a renewal of the original moratorium to provide
staff additional time to complete research on the appropriate siting of Group Homes Type III. The
moratorium will expire on September 3, 2014.
In concert with the moratorium on siting of sex offender housing, the Federal Way City Council
also passed Ordinance 13 -746 that added a new section to FWRC Title 12 `Businesses," to define
and require the licensing of "significant impact businesses" under FWRC 12.05, and to require the
approval and siting of such a business as a Group Home Type III under FWRC Title 19. Per FWRC
12.05.020, a "significant impact business" is a business that operates a congregate residential
facility for sex offenders or violent felons, and a "congregate residential facility" is a dwelling
where two or more unrelated individuals reside.
So, essentially, the amendments to FWRC Title 12 require that anyone desiring to rent housing to
more than one sex offender or violent felon must obtain a license for a "significant impact
business" and meet the zoning code requirements for the siting of a Group Home Type III.
Group Homes are considered an Essential Public Facility.
Group Homes are categorized as a Class II Essential Public Facility in the FWRC. Per the current
requirements related to the siting of essential public facilities, FWRC 19.105.020(1)(b) states that:
Class II facilities shall be reviewed under the zoning provisions and processes found in their
respective zoning districts, unless they are found to be exempt under the Federal Fair Housing
Act, in which case such exemption does not imply an exemption from applicable building or
structural standards.
However, as noted in the introduction, per the FWRC zoning code (Title 19), Type III Group
Homes are not expressly permitted in any zone. Class III Group Homes are currently defined in the
FWRC. The following table contains current definitions for group homes and other related uses for
reference:
Table 1
Existing Group Homes and Related Definitions
Term
Definition
Group Homes Type III
"Group Homes Type III" means housing for adults that have been convicted of
FWRC 19.05.070
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
Group Homes Type III Page 2
Planning Commission Study Session May 21, 2014
Table 1
Existing Group Homes and Related Definitions
Term
Definition
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.
Group Homes Type II
"Group Homes Type II" means housing for juveniles under the jurisdiction of
FWRC 19.05.070
the criminal justice system. This definition includes housing for state - licensed
group care homes or halfway homes for juveniles which provide residence in
lieu of sentencing or incarceration, halfway houses providing residence to
juveniles needing correction, or halfway homes for those selected to participate
in state - operated work - release and pre - release programs; but excludes full -time
detention facilities. 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 an 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 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. See FWRC 19.05.050 and
FWRC Title 19, Division VI, Zoning Regulations.
Essential Public
(b) Class II facilities are those facilities of a local nature intended to meet the
Facility- Class II
service needs of the local community. Class 11 facilities are typically
FWRC 19.05.050
characterized by providing some type of in- patient care, assistance, or
monitoring and may include, but are not limited to, the following:
i. Substance abuse facilities;
ii. Mental health facilities;
iii. Group homes /special needs housing;
iv. Local schools, including: elementary schools, middle schools, and high
schools;
v. Social service transitional housing, including: domestic violence shelters,
homeless shelters, and work - release.
Congregate Residential
"Congregate residential facility" means a dwelling where two or more unrelated
Facility
individuals reside.
FWRC 12.60.020
Significant Impact
"Significant impact business" means a business that operates a congregate
Business
residential facility for sex offenders or violent felons.
FWRC 12.60.020
The FWRC does specify the zoning districts where Group Homes Type 1I are currently allowed. The
FWRC also lists a number of special requirements that pertain to their siting in Federal Way, most
notably the requirement for minimum separation standards between Group Homes Type II and sensitive
land uses such as schools, parks, churches, and day care centers (see Attachment 2 for reference).
The following section on preliminary recommendations summarizes where Group Homes Type II are
currently allowed and the current separation standards, in concert with recommended code amendments to
address Group Homes Type III.
Group Homes Type III Page 3
Planning Commission Study Session May 21, 2014
III. PRELIMINARY RECOMMENDATIONS
Based on the review of existing comprehensive plan and zoning code language, state law, and other
jurisdictions' treatment of Group Homes Type III, this section identifies staff's preliminary
recommendations for zoning code amendments for discussion purposes.
1. Appropriate zones for Group Homes Type III.
The table below summarizes the proposed allowable zones for the siting of Group Homes Type
III in Federal Way. The current requirements for Group Homes Type II are included in the table
along with two proposed changes for this type of group home. In all cases, where group homes
are permitted, they would be subject to review under Process IV, which requires public notice
and a public hearing before the hearing examiner.
Table 2
Group Homes Type II and III in Federal Way Zoning Districts
Type
SE
RS
RM
PO
I BN
BC
CC -C
CC -F
OP
CE
Group Homes Type II
(w /proposed changes)
P } (in 41900 And
RA4-2400 en
Pl
P'
P'
Pl
Group Homes Type III
P'
P'
(proposed)
In addition to the existing zones where Group Homes Type II are currently allowed (BN, BC,
and CC -F), staff is recommending that Group Homes Type II and Type III be allowed in the CE
zone. The CE zone is one of the few zoning districts in the city that has land area that is greater
than 1,000 feet from one or more sensitive land uses. In addition, staff is proposing that Group
Homes Type II no longer be permitted in the RM 1800 and RM 2400 zoning districts as it is
inequitable to treat multifamily residential zones differently than single family residential
zones. These proposed changes are depicted in Table 2 above.
2. Proposed amendments to language specifying that certain Group Homes Type II shall be
treated as a Group Home Type III.
FWRC 19.105.050 contains existing language that specifies that Group Homes Type II for
juveniles may be treated as Group Homes Type III when the juvenile residents have been
convicted of the offenses listed under Type III. Staff is proposing the following edits to this
section as follows:
"A group home type II proposing to serve juveniles convicted of the offenses listed under
group home type III shall be treated as a group heme
type 11 and net-a group home type III. The:: ax m -...,, . .,,,.e ...f residents ..mit4e,d in a group
home will be determined on a ease by ease basis H,v... gh the applicable . s '
This proposed change is intended to ensure that any potential residents of group homes who
have been convicted of violent felonies and /or sex offenses are classified as Group Homes Type
III regardless of the residents' age. The last sentence is proposed to be stricken as this language
already exists in the use zone charts for Group Homes Type II and would be maintained in use
zone charts for Group Homes Type III (see Attachment 2 for reference).
' Subject to Process IV Review (Hearing Examiner)
Group Homes Type III Page 4
Planning Commission Study Session May 21, 2014
3. Appropriate separation standards for Group Homes Type III.
Currently, Group Homes Type II are required to be separated from sensitive land uses such as
schools, parks, churches and day care centers by a minimum of 1,000 feet. In addition, they are
to be separated by 1,000 feet from any other Group Home Type II, Group Home Type III or
Social Service Transitional Housing. Staff recommends that Group Homes Type III be subject
to the same separation standards with the addition of a separation standard from residential
zones of a minimum of 300 feet.
4. Clarifying the definition and providing a cross - reference between Title 19 ( "Zoning and
Development Code ") and Title 12 (`Businesses ") related to housing for sex offenders and
Group Homes Type HL
Staff recommends that the existing definition of Group Homes Type III be amended to read as
follows to make it clear that facilities for any adults under the jurisdiction of the criminal justice
system are included. Amendments also provide cross - referencing to the definitions and
requirements for licensing and siting of "significant impact businesses" provided in Title 12 of
the FWRC.
"Group Homes Type III" means privately or publicly operated residential facilities for adults
under the jurisdiction of the criminal justice system who have entered a pre- or post-
charging diversion program, or been selected to participate in state - operated work/tramin
release or other similar programs as provided in Chapters 137 -56 and 137 -57 WAC. Such
groups also include individuals who have housing for- .,ai .'. 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 also includes "significant impact businesses" as defined in FWRC 12.60.020_.
This category inultides housing for- individuals under- the jurisdiction of the criminal jus.'
system, individuals who have ewer-ed a pr-e eF post charging diversion program, or- ifidivi
seleeted to paftieipate in state operated wedE/#aining release and pr-e release pregFams or sifnileff
programs; but excludes full -time detention facilities.
IV. PLANNING COMMISSION DISCUSSION POINTS
Staff is asking for Planning Commissioners' input on the recommendations discussed in this staff
report and look forward to hearing your feedback on the issues listed below, as well as any additional
issues you may have identified related to the siting of Group Homes Type III in Federal Way. With
your advance input on this topic, staff will then prepare a report that provides further analysis of these
issues, as well as a series of specific recommendations for your consideration and action at an
upcoming meeting.
1. Appropriate zones.
Staff is recommending that Group Homes Type III only be allowed in the Community Business
(BC) and Commercial Enterprise (CE) zones. In addition, staff is recommending that Group
Homes Type II no longer be pennitted in RM 1800 and RM 2400 zones; but that they be
permitted in the CE zone (as well as the currently permitted BN, BC, and CC -F zones).
Discussion: Do you agree with the general siting recommendations outlined in Table 2?
Group Homes Type I I Page 5
Planning Commission Study Session May 21, 2014
2. Clarifying that certain Group Homes Type II shall be treated as a Group Home Type III.
Staff is recommending that FWRC 15.105.050 be amended to ensure that Group Homes Type
II shall be treated as a Group Home Type III if any residents have been convicted of the
offenses listed under Group Homes Type III, regardless of the residents' age.
Discussion: Do you agree with the recommendation for treating Group Homes Type II as
Group Homes Type III when residents have been convicted of the offenses listed under
Group Homes Type III, even if the residents are juveniles?
3. Separation standards.
Staff is recommending the same separation standards for Group Homes Type III that currently
apply to Group Homes Type II, with the addition of a separation requirement that would require
a minimum separation standard of 300 feet between Group Homes Type III and existing
residentially -zoned areas.
Discussion: Do you agree with the general recommendations for separation standards for
Group Homes Type III?
4. Proposed changes to Group Homes Type III definition and cross - referencing with FWRC
Title 12, "Businesses."
Staff is recommending the definition of Group Homes Type III be amended to include
reference to "significant impact business" to clarify that no more than one registered sex
offender may reside in a dwelling unit, unless the owner of the dwelling unit has been issued a
business license for a "significant impact business" and also meets the siting requirements and
development standards for a Group Home Type III.
In addition, staff is recommending that the definition of Group Homes Type III be modified to
highlight that all facilities for adults under the jurisdiction of the criminal justice system, such
as work/training release or similar programs, are categorized as a Group Home Type III.
Discussion: Do you agree with the general recommendations for changes to the definition
of Group Homes Type III "?
OTHER DISCUSSION POINTS
Are there other discussion topics related to group homes for sex offenders that the Planning
Commission would like to raise at this time? Add your notes here:
Group Homes Type I I I Page 6
Planning Commission Study Session May 21, 2014
V. PLANNING COMMISSION NEXT STEPS
Staff will consider the input of the Planning Commission and prepare detailed proposed code
amendments for your consideration at an upcoming public hearing following issuance of the SEPA
notice and the associated public comment period.
VI. ATTACHMENTS
1_ Excerpt from FWRC Title 12 related to "significant impact business" requirements.
2. Existing FWRC Group Homes Use Zone Chart for BC zone (no changes — for reference).
K: \2014 Code Amendments \Group Homes Type 111 \052114 Study Session MemoA.doc
Group Homes Type III Page 7
Planning Commission Study Session May 21, 2014
Attachment 1
Federal Way Revised Code Title 12, "Businesses"
Chapter 12.60, "Significant Impact Business"
Sections:
12.60.010 Purpose and authority.
12.60.020 Definitions.
12.60.030 Licensing.
12.60.010 Purpose and authority. ........................................ ....................................................................... ..._... .............
..................
The mission of the city of Federal Way is to provide its citizens with a safe and healthy
environment in which to work, live and play. In furtherance of this mission, the city
exercises its police and regulatory authority derived from Washington Constitution,
Article XI, Section 11 and RCW 35A.82.020 to regulate businesses that have significant
impacts to the community.
(Ord. No. 13 -746, § 1, 9- 3 -13.)
12.60.020 Definitions.
-.1--.1-- ......................._..........._...............,.......,......................_.................._.............................................. ...............................
The definitions in this section apply throughout this chapter.
"Congregate residential facility" means a dwelling where two or more unrelated
individuals reside.
"Significant impact business" means a business that operates a congregate residential
facility for sex offenders or violent felons.
(Ord. No. 13 -746, § 1, 9- 3 -13.)
12.60.030 Licensing.
A significant impact business shall obtain a business registration under Chapter 12.05
FWRC and shall obtain approval as a group home Type III use under FWRC Title 19.
(Ord. No. 13 -746, § 1, 9- 3 -13.)
KA2014 Code Amendments \Group Homes Type III\Attachment Idoc
Group Homes Type III Attachment 1 Page 1
Planning Commission Study Session May 21, 2014
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