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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 City Starr Isaac Conlen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253 -835 -2601 tiv»vw cif %derahv&com 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. KAPIanning CommissionNNMMeeting Summary 06- 24- 13.doc 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 K APlanning Commission \2014\Meeting Summary 03- 19- 14.doc Planning Commission Minutes Page 2 March 19, 2014 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. KAPlanning Commission \2014 \Meeting Summary 03- 19- 14.doc Planning Commission Minutes Page 3 March 19, 2014 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.) 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