Planning Commission PKT 07-02-2014City of Federal Way
PLANNING COMMISSION
I I July 2, 2014 City Hall I I
7:00 p.m. Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
May 21, 2014
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
• BRIEFING
Federal Way Comprehensive Plan (FWRC) Major Update — Chapter One
• PUBLIC HEARING
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: \Planing Commission\2014Wgenda 07- 02- 14.doc
City staff
Isaac Conlen, Planning Manager
Margaret Clark, Principal Planner
E. Tina Piety, Administrative Assistant
253 -835 -2601
www cgoffederatway. com
CITY OF FEDERAL WAY
PLANNING COMMISSION
May 21, 2014 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Tom Medhurst, Hope Elder, Sarady Long, Tim O'Neil, and Wayne Carlson.
Commissioners absent: Lawson Bronson and Merle Pfeifer (both excused). Staff present: Planning
Manager Isaac Conlen, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and
Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Medhurst called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of January 15, 2014, and March 19, 2014, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen announced that the City Council approved four new departmental positions:
Associate Planner, Code Compliance Officer, Development Specialist, and Plans Examiner /Inspector.
The date of the next meeting was discussed. Since some Commissioners will be absent, it was decided
that the next meeting will be the first Wednesday of July.
COMMISSION BUSINESS
STUDY SESSION — Proposed Amendments Related to Group Homes Type III
Senior Planner Janet Shull delivered the staff report. The purpose of this meeting is to introduce the
topic and related issues and obtain community and Planning Commissioner input and comments.
Specifically, staff is seeking input on four issues related to the proposed amendments:
1. Appropriate zones for Group Homes Type III.
2. Proposed amendments to language specifying that certain Group Homes Type 11 shall be
treated as a Group Home Type III.
3. Appropriate separation standards for Group Homes Type III.
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 III.
K APIanning Commission \2014\Meeting Summary 05- 21 -14.dm
Planning Commission Minutes Page 2 May 21, 2014
The City Council enacted a moratorium on siting of Group Homes Type III and sex offender housing
and directed staff to begin working on recommended regulations. Group Home Type I1 is for
juveniles and Group Home Type III is for sexually- motivated and violent adult offenders.
Commissioner O'Neil asked if the city has a Group Home Type I and Group Home Type IV. Senior
Planner Shull replied that we do not. Commissioner O'Neil asked if they are required to have a
business license with the city. Senior Planner Shull replied that the FWRC was recently amended to
add "significant impact business," which regulates Group Homes (called congregate residential
facility) and requires a business license.
1. Appropriate Zones — Senior Planner Shull asked if the Commissioners agree with the general siting
recommendations outlined in Table 2 in the staff memo.
Commissioner Long asked if there is any Group Homes Type H currently in the RM zone. Senior
Planner Shull replied the city is not aware of any. None have applied to the city. Commissioner
Elder commented that she is concerned about housing sex offenders with violent offenders. Sex
offenders are not necessarily violent. Commissioner Carlson agrees. Assistant City Attorney
Beckwith replied that the city is not changing the risk definition and how offenders are housed is a
court decision. Chair Medhurst asked how realistic it is to place them in the BC and CE zones. How
high is the concentration of housing in these commercial zones? Senior Planner Shull replied that
currently residences are not allowed in the CE zone and only some are allowed in the BC zone.
Given the city's zoning pattern, and the proposed separation standard (1,000 feet from schools,
parks, churches, etc.), it is likely that BC and CE are the only zones they could find an area to
locate. The city can consider reducing the separation standard. Commissioner O'Neil asked if staff
could provide him with an address that would meet the proposed regulations that he could view.
Senior Planner Shull replied that they will. Commissioner Long asked if there is data available from
other jurisdictions with similar business license language. Senior Shull replied there are not many.
2. Proposed amendments to language specifying that certain Group Homes Type II shall be treated as a
Group Home Type III. Senior Planner Shull asked if Commissioners agree with the recommendation
for treating Group Homes Type H 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.
Chair Medhurst asked how the city would enforce it. Senior Planner Shull replied that juvenile sex
offenders have to register with law enforcement. Commissioner Long is also concerned with the
enforcement issue. Commissioner O'Neil expressed concern about placing juvenile offenders with
adult offenders. Senior Planner Shull replied that juveniles would not be required to be placed with
adults. Staff will seek input from the Police Department on this issue and will request a
representative attend the public hearing.
3. Appropriate separation standards for Group Homes Type III. Senior Planner Shull asked if
Commissioners agree with the proposed 1,000 -foot separation from sensitive land uses (parks,
schools, churches, etc.), with an additional 300 -foot separation from residential zones.
Senior Planner Shull commented that other jurisdictions have residential separation standards that range
from 300 to 1,000 feet. The city is proposing 300 feet because a larger separation may not provide an
adequate amount of area for these homes. Commissioners support the proposed amendment.
Commissioner Long commented that Use Process IV (the process that will be used for Group
Homes) requires a notice to all property within 300 feet. He does not feel this is adequate for this
type of use. Commissioners Carlson and Elder agree. Senior Planner Shull replied that she will ask
the Law Department if a special notice requirement can be done for Group Homes.
KAPIanning Commission \2013 \Meeting Summary 06-24-13 doc
Planning Commission Minutes Page 3 May 21, 2014
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 III.
Commissioners had no comments and agree with the proposed amendment.
Other
Commissioner Carlson asked, once a juvenile turns 18, do they have to leave or can they stay in the
home. Senior Planner Shull will research this issue.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 8:17 p.m.
KAPIanning Commission \2013 \Meeting Summary 06- 24- 13.doc
`;
CITY OF
Federal Way
PLANNING COMMISSION
STAFF REPORT
June 26, 2014
To: Tom Medhurst, Federal Way Planning Commission Chair
FROM: ?14a J Doherty, Director of Community and Economic Development
Margaret H. Clark, AICP, Principal Planner
SUBJECT: 2015 Major Comprehensive Plan Update
Proposed Amendments to Chapter 1, "Introduction"
MEETING DATE: Julv 2.2014
I. BACKGROUND
Pursuant to RCW 36.70A.130(4), the City of Federal Way must update its comprehensive plan every
eight years. The deadline for the next major update is June 30, 2015. The GMA requires
jurisdictions to review and revise the comprehensive plan to address statutory requirements. It also
requires a public participation process.
II. PUBLIC PARTICIPATION
In order to get citizen input during the update process, the following measures have been taken so far:
• March 19, 2014 — An Open House was hosted by the Planning Commission. This was
advertised by a press release and flyers were sent home to all homes of students in
middle schools and elementary schools.
• Three variable message signs (VMS), advertising the March 19 Planning Commission
Open House, were placed in three high - traffic areas within the city.
• A Comprehensive Plan Update Web Page was created.
• Interested Parties List was created.
• An on -line survey was posted.
III. PLANNING COMMISSION UPDATE PROCESS
The following process will be followed in updating the comprehensive plan:
Planning Commission Briefings — As each chapter is drafted, they will be presented to the
Planning Commission for input and feedback. Chapters will also be posted on the Comprehensive
Plan Update Web Page and citizens on the Notify Me List will be informed.
Planning Commission Staff Report June 26, 2014
2015 Comprehensive Plan Amendments Proposed Amendments to Chapter 1, "Introduction" Page] of 2
Edits to Chapters — Chapters will be further updated and amended based on Planning
Commission and citizen input.
Environmental Review — The city will issue a threshold determination pursuant to the State
Environmental Act (SEPA) on the amendments to the comprehensive plan document and the site
specific requests for changes to the comprehensive plan designations and zoning. Public notice
will be published in the Mirror and posted on the city's public notice boards. Property owners
within 300 feet of the parcels (site - specific requests) whose comprehensive plan designation and
zoning are being requested to be changed will be notified by mail. Documents will be posted on
the Comprehensive Plan Update Web Page and citizens on the Notify Me List will be informed.
Planning Commission Public Hearing — All amendments, which would have already been reviewed
and substantially agreed upon by the Planning Commission, and site - specific requests will be
presented to the Planning Commission. Notice will be given as above. The staff report will be posted
on the Comprehensive Plan Update Web Page and citizens on the Notify Me List will be informed.
IV. CHAPTERS OF THE COMPREHENSIVE PLAN
The FWCP contains the following 12 chapters that outline goals and policies to guide the future of
the City. Of the 12 chapters, seven are mandated by the GMA.
Required Chapters
2. Land Use
3. Transportation
4. Economic Development
5. Housing
6. Capital Facilities
10. Private Utilities
11. Shoreline Master Program
V. STREAMLINING THE PLAN
Optional Chapters
1. Introduction
7. City Center
8. Potential Annexation area
9. Natural Environment
12. Twin Lakes Commercial Subarea Plan
The existing comprehensive plan is very similar to the plan that was adopted in 1995 to comply with
the GMA, notwithstanding the major seven -year update completed in March 2003 and the annual
amendments. As a result, it echoes the vision of the city and citizens shortly after incorporation of
the city. In this update, staff will be recommending language that reflects the image of the city as a
key regional player with safe and healthy neighborhoods; a vibrant downtown (City Center) with
adequate and diverse housing; and an increase in family wage jobs.
In addition, we are proposing to make the document easier to use by focusing on goals and policies
and deleting superfluous language. For example in Chapter 1, we are proposing to delete the detailed
chronology of how CityShape, the 1995 plan, was developed. The goal is that a citizen or elected
official would be able to read the document and quickly grasp what the vision of the plan is and how
the City plans to implement that vision.
Planning Commission Staff Report June 26, 2014
2015 Comprehensive Plan Amendments Proposed Amendments to Chapter 1, "Introduction" Page 2 of 2
CHAPTER ONE - INTRODUCTION
1.0 INTRODUCTION
City Vision
The Federal Way Comprehensive Plan (FWCP) lays out a vision for the future of Federal
Way during a 20 -year period
, an
King G van♦ r� G cmat Tv'. Planning D keies (mWPPS) , :1;.1 eall for- m i rtiple ur-b-8n
°°* °r° and a strong ur -b.,., growth betindaf ,. It articulates the community's vision and
reflects community values.
Framework
The FWCP responds to the requirements of the Growth Management Act (GMA) of 1990
and subsequent amendments. The FWCP also carries out Vision 2040, a shared strategy
for how and where the Central Puget Sound Region can distribute a forecasted total of five
million people and three million jobs by the Year 2040, while maintaining the well -being
of people and communities economic vitality, and a healthy environment. The FWCP is
also consistent with the 2012 King County Countywide Planning Policies (CWPPs), which
call for multiple Urban Centers and defined Urban Growth Areas (UGAs), with much of
the growth in employment and new housing occurring in the Urban Centers.
This chapter gives an overview of the comprehensive planning effort, ~~°file° R °a ° ~ °1
Way's , and eenealudes with a Efiseussie lays out Federal Way's vision
for its future. This plan contains a glossary of terms at the end of the document to help
the reader with terms that may not be clear or understandable.
FWCP — Chapter One, Introduction
1.1 THE COMPREHENSIVE PLANNING EFFORT
Why Plan?
Federal Way plans for people. People need a safe and secure place to live, an economy
that provides family wage jobs, a transportation system that allows them to get around,
and schools, colleges, and recreational opportunities. People also benefit from a human-
scaled built environment that provides opportunities for walking and bicycling with
access to healthy foods and opportunities to experience the natural environment. It is the
city government's responsibility to provide public services and facilities, develop
policies, and adopt regulations to guide the growth of a city that meets the needs of its
people. From incorporation to the present, the guide for Federal Way's growth and
development has been the Comprehensive Plan.
What Is a Comprehensive Plan?
The role of the FWCP is to clearly state elear4y the community's vision for its future,
and to articulate a plan for accomplishing this vision over a 20 -year period. The FWCP
seeks to answer a number of questions:
• What areas are most suitable for development or redevelopment?
• What areas should be preserved in their natural state?
• How can we encourage the We of development we desire?
• How should we address traffic congestion?
• How many parks do we need, of what size, kind, and where?
• What steps should we take to encourage economic development?
• How can we encourage preservation of our historic resources?
• How can we ensure an adequate supply of affordable housing for all income levels?
• What utilities and public services will we need?
• How will the community pay for all of these things?
Each of the FWCP's chapters addresses these questions, and more, in the areas of
transportation, land use, economic development, capital facilities, utilities, and housing.
The answers form the policies, which guide implementation of our community vision.
The policy statements within each chapter are used to guide new or revised zoning and
other regulations. The FWCP also sets a clear framework for where the community will
need to spend money on capital facilities, how much, and identifies available funding
sources. As a whole, the FWCP offers a flexible framework for Federal Way's future,
allowing for adaptation to real conditions over time.
Revised 2043 2014 1 -2
FWCP — Chapter One, Introduction
Requirements of the Growth Management Act
The GMA (RCW 36.70A. 140) was passed by the Washington State Legislature in 1990,
with amendments added in 1991 and subsequent years. The legislature passed the GMA
in recognition of the rate of growth that was occurring throughout the state, particularly
on the west side of the Cascades. The ' ' atur-e was r-espending Hot Only to the rate „�
tl b ♦ 1 ♦ the ♦ .l 1 ♦ie F ,..•owtL Two f the Population
and hausehold g+ewth in the 1980s took plaee in uaineeFper-ated brp- yrTit�RTipp Cp CLxCTf�7PC[ IIl2- xpG[xLlpirpr- S2\77r[xi —TV`i y sxxxraJ yx cxzo Y ^Y
areas, and pr-e"ee
SpFaWliflg b l ..1 strips, and tir-banizzation of land, ..1,:,.1, enly to years-
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The GMA requires that each jurisdiction produce a comprehensive plan that contains, at a
minimum, elements pertaining to land use, transportation, capital facilities, housing,
private utilities, economic development, and parks and recreation. These elements must
be consistent with one another. The GMA also requires jurisdictions to undertake a
complete review of their comprehensive plan every eight years. Jurisdictions alse are
required to adopt policies and regulations protecting resource lands and critical areas,
such as agricultural land, wetlands, and hillsides geologically hazardous areas. Each
jurisdiction must coordinate its plan with the plans of surrounding jurisdictions.
The GMA also requires that each city designate an Ulirban Ggrowth Bboundary (UGAB)
or Ppotential Aannexation Aarea (PAA) as they are called in King County. The PAA
defines the area within which the city anticipates it could provide the full range of urban
services at some time in the future. It also represents the area within which the city will
consider annexations and the boundary beyond which it will not annex.
Revised 29x3 2014 1-3
W RIM • •
Requirements of the Growth Management Act
The GMA (RCW 36.70A. 140) was passed by the Washington State Legislature in 1990,
with amendments added in 1991 and subsequent years. The legislature passed the GMA
in recognition of the rate of growth that was occurring throughout the state, particularly
on the west side of the Cascades. The ' ' atur-e was r-espending Hot Only to the rate „�
tl b ♦ 1 ♦ the ♦ .l 1 ♦ie F ,..•owtL Two f the Population
and hausehold g+ewth in the 1980s took plaee in uaineeFper-ated brp- yrTit�RTipp Cp CLxCTf�7PC[ IIl2- xpG[xLlpirpr- S2\77r[xi —TV`i y sxxxraJ yx cxzo Y ^Y
areas, and pr-e"ee
SpFaWliflg b l ..1 strips, and tir-banizzation of land, ..1,:,.1, enly to years-
before,
inadequate publie > and has thfeatened forestland, agr4eultur-al !an
>
4 11 sensitive afeas TCR1rRTrQd LSQ T- TIICjGZ IIPAeis have been _ e felt rr ..4e
a..
r° de ca1Wcj Way, just have been f r4 zi vthe i -pui4 o of the t
The GMA requires that each jurisdiction produce a comprehensive plan that contains, at a
minimum, elements pertaining to land use, transportation, capital facilities, housing,
private utilities, economic development, and parks and recreation. These elements must
be consistent with one another. The GMA also requires jurisdictions to undertake a
complete review of their comprehensive plan every eight years. Jurisdictions alse are
required to adopt policies and regulations protecting resource lands and critical areas,
such as agricultural land, wetlands, and hillsides geologically hazardous areas. Each
jurisdiction must coordinate its plan with the plans of surrounding jurisdictions.
The GMA also requires that each city designate an Ulirban Ggrowth Bboundary (UGAB)
or Ppotential Aannexation Aarea (PAA) as they are called in King County. The PAA
defines the area within which the city anticipates it could provide the full range of urban
services at some time in the future. It also represents the area within which the city will
consider annexations and the boundary beyond which it will not annex.
Revised 29x3 2014 1-3
FWCP — Chapter One, Introduction
Perhaps what most distinguishes the GMA from previous planning statutes is the
requirement that public services be available or funded at some designated level of
service before development may occur. If a jurisdiction cannot provide services to an
area, then it may not permit development in that area.
The 1991 amendments to the GMA require all counties planning under the act to adopt
Countywide Planning Policies (CWPPs).
GTTD!` was to ,7...,A the (`WPPs f r King G,,,,,A These pehe�ies CWPPs were adopted -1*
1 nnrrQ2 Ford are binding on the jurisdictions in the County.
GIAIPPs were proposed by the GN4PG. These afnendments were subsequently adopted by
King County and are binding on all jur-iSE66ORS iff the GOWA5', althOUgh it ShOUld be
noted tha4 Fe,le..,1 Way voted not to ,..,t:f., Si nee 1994, the GWPPS have been Updated as
f ....,.,..,le.l to the °;ties for- r t:f;eeAi8., 4— M—A- .,.l„4e4S t,- tl,e (`\ADDS 8111., be,,.-,MR eft ..t:,,e
wL,e., ratified by at least 30 p e„t of the e;ty and . „t<. g e„ts ef4in,'70
� re e
The FWCP has been prepared according to the provisions of the GMA and the CWPPs.
However, Federal Way's plan also contains many components that are not referenced in
the GMA; these additional components are included in the plan due to their importance to
the Federal Way community. Although Federal Way's goals and policies for growth and
the provision of services are guided by GMA requirements, and are based in part upon
state and regional goals, they primarily reflect the vision and goals of our own citizens.
How Was the Plan Developed?
Federal Way adopted an Interim Comprehensive Plan
at the time of incorporation in February of 1990. In
November of 1995, after a three -year planning
process with much public involvement, Federal Way
adopted its first GMA - compliant comprehensive plan
(FWCP). The ideas in the FWCP were developed
through discussion, debate, and the creative thinking
of thousands of Federal Way citizens, working with
City staff and elected officials. Consistent with the
GMA, the City of Federal Way provided early and
continuous opportunities for citizens to participate in
CityShape. CityShape was the name given to the City's comprehensive planning project.
CityShape was also the name given to the process used to develop the FWCP.
Revised 28x3 2014 1-4
FWCP -Chapter One, Introduction
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FWCP -Chapter One, Introduction
The 14eafing Draft of the 1~WGP was eempleted and released for- publie «° ° ., i tly G
rte. SubSequepAly,, the FJAIGwas adepted en November- 211995 by the r:t y Ge ifleil
°r- Or-d ff"n"° oG 248. The Plan was subsequently amended in Thee -e Aer- endf e is
to the F1'A7GR , ° ° , dept °a per- Or-di anew 98 330 on December 4S; 1998, nn�
September 4-4, 2000, 01- 405-ee November 4-5; 2001, 03 ^E March 2-7-, 2003, 94-460
ee July Z$, 2004, " ^a nG nano nG 491 , and nG 49.1 en June � 2005.-, July 2007, June
2009 October 2010 January 2011 January 2013, and August 2013. The March 2003
update was the major seven -year update, required at that time.
The public participation process for the major 2015 update involved the following steps:
• March 19. 2014 — An Open House was hosted by the Planning Commission. This
was advertised by a press release and flyers were sent home to all homes of
students in middle schools and elementary schools.
• Three variable message signs (VMS), advertising the March 19 Planning
Commission Open House wereylaced in three high- traffic areas within the City.
• A Comprehensive Plan Update Web Page was created.
• An on -line survey was posted.
• The Planning Commission was briefed as the draft chapters were prepared.
• The draft chapters were posted on the Comprehensive Plan Update Web Page.
• Citizens on the Notify Me List were informed.
Organization of the Plan
While we cannot predict the future, we can attempt to shape the tie future character of
the community in which we live, work, and play. The FWCP functions as the City's
statement of how it will m° °t the ehallenges posed by growth grow and change in the 21"
century.
The heat4 ef the FWCP is contains the following g 2 chapters
that outline goals and policies to guide the future of the City. These °leffie is "°..taut°
the ehapter-s of the plan-. The L'WGP :,,,.1„a°° of the 12 chapters, seven ehapter-s that are
maimed required by the GMA_: land use, t " °,.ratio. p t.,l f ":l;ties housing
pr- ivatte utilities, eeanamie development, k^ and r-e ,eation The P r4 M...1
Revised 2QU 2014 1-7
Jill
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The 14eafing Draft of the 1~WGP was eempleted and released for- publie «° ° ., i tly G
rte. SubSequepAly,, the FJAIGwas adepted en November- 211995 by the r:t y Ge ifleil
°r- Or-d ff"n"° oG 248. The Plan was subsequently amended in Thee -e Aer- endf e is
to the F1'A7GR , ° ° , dept °a per- Or-di anew 98 330 on December 4S; 1998, nn�
September 4-4, 2000, 01- 405-ee November 4-5; 2001, 03 ^E March 2-7-, 2003, 94-460
ee July Z$, 2004, " ^a nG nano nG 491 , and nG 49.1 en June � 2005.-, July 2007, June
2009 October 2010 January 2011 January 2013, and August 2013. The March 2003
update was the major seven -year update, required at that time.
The public participation process for the major 2015 update involved the following steps:
• March 19. 2014 — An Open House was hosted by the Planning Commission. This
was advertised by a press release and flyers were sent home to all homes of
students in middle schools and elementary schools.
• Three variable message signs (VMS), advertising the March 19 Planning
Commission Open House wereylaced in three high- traffic areas within the City.
• A Comprehensive Plan Update Web Page was created.
• An on -line survey was posted.
• The Planning Commission was briefed as the draft chapters were prepared.
• The draft chapters were posted on the Comprehensive Plan Update Web Page.
• Citizens on the Notify Me List were informed.
Organization of the Plan
While we cannot predict the future, we can attempt to shape the tie future character of
the community in which we live, work, and play. The FWCP functions as the City's
statement of how it will m° °t the ehallenges posed by growth grow and change in the 21"
century.
The heat4 ef the FWCP is contains the following g 2 chapters
that outline goals and policies to guide the future of the City. These °leffie is "°..taut°
the ehapter-s of the plan-. The L'WGP :,,,.1„a°° of the 12 chapters, seven ehapter-s that are
maimed required by the GMA_: land use, t " °,.ratio. p t.,l f ":l;ties housing
pr- ivatte utilities, eeanamie development, k^ and r-e ,eation The P r4 M...1
Revised 2QU 2014 1-7
FWCP —Chapter One, Introduction
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Required Chapters Optional Chapters
2. Land Use
3. Transportation
4. Economic Development
5. Housine
6. Capital Facilities
10. Private Utilities
11. Shoreline Master Program
1. Introduction
7. City Center
8. Potential Annexation area
9. Natural Environment
12. Twin Lakes Commercial Subarea Plan
Each of these chapters has been coordinated with the others, resulting in a plan that is
internally consistent. Each of the goals in the FWCP, while expressing a specific policy
direction, also functions as part of a coordinated expression of the City's vision for the future.
Plan ifnplefnentation is the ne�Et step and is Elisetissed in the fiffal seetion of this ehapter-.
1.2 FEDERAL WAYS COMMUNITY PROFILE VISION:
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Revised 2943 2014 1 -8
FWCP —Chapter One, Introduction
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Revised 2043 2014 1 -9
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Revised 2043 2014 1 -9
FWCP —Chapter One, Introduction
Federal Way's Futwe Vesion
In the year 2035, Federal Way has changed significantly during the 45 years that have
elapsed since incorporation. This is due to the following characteristics:
Government For and By the People: All governmental entities reflect the can -do attitude
of Federal Way citizens and partner with them to provide quality services, often through
volunteerism. Governmental entities reflect the community's values of diversity,
innovation, and participation. Together, the community and its neighborhoods have built
a sense of identity and ownership for Federal Way and its future. Fiscally conservative,
innovative financial and management del) strategies, along with
economic growth, have allowed the community to enjoy a moderate tax rate, with bond
issues approved to support major projects. The eemmunity vision has fnaii4ained
and , .,.:,,,.ity for- stafff..„a fi°^^i re o an the defined vis Currently, the City
does not charge any utility tax on its water and sewer services and does not charge B &O
taxes. In 2013, the City's property tax levy was $1.42 per $1,000 of assessed propert y
value making it the lowest among comparable neighboring g ities.
• Y.
Revised 2943 2014 1 -10
ON IMMS
MoN." MIN M11-10.0-11-
IM
• •��
Federal Way's Futwe Vesion
In the year 2035, Federal Way has changed significantly during the 45 years that have
elapsed since incorporation. This is due to the following characteristics:
Government For and By the People: All governmental entities reflect the can -do attitude
of Federal Way citizens and partner with them to provide quality services, often through
volunteerism. Governmental entities reflect the community's values of diversity,
innovation, and participation. Together, the community and its neighborhoods have built
a sense of identity and ownership for Federal Way and its future. Fiscally conservative,
innovative financial and management del) strategies, along with
economic growth, have allowed the community to enjoy a moderate tax rate, with bond
issues approved to support major projects. The eemmunity vision has fnaii4ained
and , .,.:,,,.ity for- stafff..„a fi°^^i re o an the defined vis Currently, the City
does not charge any utility tax on its water and sewer services and does not charge B &O
taxes. In 2013, the City's property tax levy was $1.42 per $1,000 of assessed propert y
value making it the lowest among comparable neighboring g ities.
• Y.
Revised 2943 2014 1 -10
Revised 2943 2014 1 -10
FWCP —Chapter One, Introduction
City of Federal Way History of Annexations _-.
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Vibrant and Diverse Growth: Development goals have fostered the preservation of a
primarily residential community and open natural areas, with concentrated urban
development in the City's Center and secondary commercial districts. Development
activity is focused on in -fill and redevelopment to create vibrant neighborhoods where
residents have the option of walking bicycling or using transit for most of their needs.
An increase in the number of corporate headquarters, annexation of the Potential
Annexation Areas (PAA), and build out of available single- family sites, at competitive
prices, has accommodated Federal Way's population target. Seine Nnew multiple - family
development is concentrated in the City Center/Highway 99 corridor area, primarily
through dewatew mixed -use condominiums and apartments. This The pedestrian
friendly, multi -use City Center, with multi -story and underground parking facilities
works well for many. Federal Way citizens enjoy a wide variety of dining and shopping
o t� ions, and the pedestrian plazas, parks and civic amenities of the City Center.
Infrastructure has been developed concurrently with growth, preserving the community's
uality of life.
Revised 203 2014 1-11
FWCP —Chapter One, Introduction
Economic Vitality: Strategically located in the Pacific Rim, between SeaTac Airport and the
Port of Tacoma, Federal Way provides jobs as an international and regional retail and
employment center. Federal Way is else home to several corporate headquarters such as
the Weyerhaeuser Company and regional headquarters such as Kiewit Bridge and Marine
There is also a rgrowing medical services sector that
includes St. Francis Hospital, Virginia Mason Hospital, Group Health Cooperative, and
Total Renal Care Inc. (Davits). Companies choose Federal Way for its sense of
neighborhood identity, mix of housing stock, proximity to natural resources (mountains,
oceans, and waterways), and safety. The growth in the corporate headquarters and medical
services segment of the economy has netted economic spinoffs for Federal Way's small
business community, as small business provides support services for these eer-pemte pad
companies. Growth in the small business economy has generated some redevelopment of
previously large retail warehouse facilities to accommodate office, retail, and light
manufacturing. Quality jobs have boosted disposable income, supporting expansion of
Federal Way's retail and commercial sectors. The resulting enhancements to the
community's tax base have helped to support a high quality of community life.
Efficient Traffic System: Federal Way's transportation system links neighborhoods with the
City Center, and Federal Way with other communities in the Puget Sound region.
Concentrated economic growth in East and West Campus and the City Center has allowed
mass transit to connect Federal Way's economic core with the economic and leisure hubs
of Puget Sound communities. Concentrated growth has allowed the community to
maintain the infrastructure in outlying areas, focusing new infrastructure in the City's
Center. Selective investment in emereing transportation technologies optimize safetv and
reduce delays. Bicycling improvements provide a range of route alternatives for a variety
of skill levels. Sidewalk improvements provide safer passage to schools, parks, and
shopping. Multi -use trails connect parks and community centers to provide increased
recreational opportunities and convenient non - motorized transportation. Youth have fiatmd
Safety, Infrastructure, and Utilities: This issue has been addressed at the neighborhood level,
where community -based policing philosophies and citizen efforts to create a sense of
neighborhood with real and perceived safety are most effective. A Pbrofessional and
compassionate law enforcement €em communicates clearly with the community's
diverse populations and business community, providing a visible community presence, as
well as acceptable emergency call response times. Improvements in safety have been a
cornerstone for the community's economic and residential growth. The utility and fire
districts share this community vision and have targeted their efforts and resources to
continue to provide effective and efficient delivery of water, sewer, telephone, television,
power, and fire services. Increased coordination between these districts and the City, and
these districts and their regional counter -parts, has ensured adequate service expansion to
make the community's development vision a reality.
Revised 2443 2014 1 -12
Y. Jill
KIN
-111011*10- Y.
Economic Vitality: Strategically located in the Pacific Rim, between SeaTac Airport and the
Port of Tacoma, Federal Way provides jobs as an international and regional retail and
employment center. Federal Way is else home to several corporate headquarters such as
the Weyerhaeuser Company and regional headquarters such as Kiewit Bridge and Marine
There is also a rgrowing medical services sector that
includes St. Francis Hospital, Virginia Mason Hospital, Group Health Cooperative, and
Total Renal Care Inc. (Davits). Companies choose Federal Way for its sense of
neighborhood identity, mix of housing stock, proximity to natural resources (mountains,
oceans, and waterways), and safety. The growth in the corporate headquarters and medical
services segment of the economy has netted economic spinoffs for Federal Way's small
business community, as small business provides support services for these eer-pemte pad
companies. Growth in the small business economy has generated some redevelopment of
previously large retail warehouse facilities to accommodate office, retail, and light
manufacturing. Quality jobs have boosted disposable income, supporting expansion of
Federal Way's retail and commercial sectors. The resulting enhancements to the
community's tax base have helped to support a high quality of community life.
Efficient Traffic System: Federal Way's transportation system links neighborhoods with the
City Center, and Federal Way with other communities in the Puget Sound region.
Concentrated economic growth in East and West Campus and the City Center has allowed
mass transit to connect Federal Way's economic core with the economic and leisure hubs
of Puget Sound communities. Concentrated growth has allowed the community to
maintain the infrastructure in outlying areas, focusing new infrastructure in the City's
Center. Selective investment in emereing transportation technologies optimize safetv and
reduce delays. Bicycling improvements provide a range of route alternatives for a variety
of skill levels. Sidewalk improvements provide safer passage to schools, parks, and
shopping. Multi -use trails connect parks and community centers to provide increased
recreational opportunities and convenient non - motorized transportation. Youth have fiatmd
Safety, Infrastructure, and Utilities: This issue has been addressed at the neighborhood level,
where community -based policing philosophies and citizen efforts to create a sense of
neighborhood with real and perceived safety are most effective. A Pbrofessional and
compassionate law enforcement €em communicates clearly with the community's
diverse populations and business community, providing a visible community presence, as
well as acceptable emergency call response times. Improvements in safety have been a
cornerstone for the community's economic and residential growth. The utility and fire
districts share this community vision and have targeted their efforts and resources to
continue to provide effective and efficient delivery of water, sewer, telephone, television,
power, and fire services. Increased coordination between these districts and the City, and
these districts and their regional counter -parts, has ensured adequate service expansion to
make the community's development vision a reality.
Revised 2443 2014 1 -12
FWCP — Chapter One, Introduction
Caring for Our Own: Governmental and social service agencies work in concert to provide a
caring and safe environment for all Federal Way citizens. Ever - improving educational
institutions, public and private, serve all interests and ages throughout the community.
Neighborhoods have joined with the schools in their area to improve student achievement,
school facilities, and resources. Strong educational institutions and the leadership of the
Federal Way School District, Highline Community College, and DeVry University have
contributed to the community's economic growth, providing a trained work force and
quality education for the families of employees who locate here. The City has been the
catalyst for creating a one -stop shepping center for human services, affordable housing,
neighborhood services, and related wM programs to serve low- and moderate - income
residents of the City.
The City works in partnership with non -
profit service providers and residents to support economic empowerment and self -
sufficiency for all households in Federal Way.
Quality Culture, Environment, and Play: Parks, trails, sports, urban agriculture, and cultural
arts facilities cater to the active lifestyle of Federal Way citizens. By partnering with the
Federal Way School District and other agencies, the community has developed a long -
range plan for facilities, parks, and services;-. whiek This partnership is yielding more and
better facilities, and r � joint facility utilization than any one agency could provide
alone. A performing arts and conference and ettkwe4 center (PACC) has been built;
altheu& it will Fequim epeFmiag subsidies for- its fiFst eight yeafe and serves the area's
residents business community and the greater region. Construction of the PACC and
Town Square Park has positively affected the City - Center by attracting new businesses
and stimulating redevelopment of existing sites. This has resulted in a vibrant downtown
with attractions for all ages
The Federal Way area is blessed with a bounty of natural beauty and scenery. This
bounty includes dramatic vistas of Mt. Rainier; numerous lakes, streams, and wetlands;
the pastoral setting in the Spring Valley area; and views of Puget Sound and Vashon
Island from the saltwater ridge. The City is eetec to has preserves this vast
natural resource for the citizens and future citizens of Federal Way.
Regional Player: Finally, Federal Way institutions and citizens are regional partners and
participants in the economic, political, and cultural life of Puget Sound. This participation
Revised 2443 2014 1-13
FWCP — Chapter One, Introduction
has yielded funding opportunities for community facilities, including housing and human
services.
eeffiffitmity's quality 0 Regional participation has crossed the
seas with sister city relationships which are supported by Federal Way citizens. These
relationships have had significant cultural, educational, and economic benefits for the
community.
This vision will not be easily eehieved. 14 will mquife diffieuk demands bold actions and
thoughtful choices deeisiees. In order to grow gracefully, and remain a healthy and
desirable community, tomorrow's higher density growth areas must be accompanied by
improved amenities for urban life. More resources will be required to maintain the high
quality of life we currently enjoy, thanks to our parks, streets, and other public services.
A combined effort of the public sector, neighborhood groups, local churches, non - profit
aggncies such as the Multi- Service Center, businesses, schools, and individual citizens
will be required. The early and continuing cooperation and collaboration of these groups
in this process will ensure this vision will be realized.
Getting to the Future from the Present
The FWCP is intended to manage growth and change in Federal Way over the next 20
years. The future described in the FWCP cannot be achieved all at once. Over the life of
the FWCP, growth will likely occur more slowly at times, more rapidly at others, and in
somewhat different patterns and sequences than is currently foreseen. The best -e
and eenditiens that eannet be known in adNeaee-. An effective comprehensive plan must
be flexible enough to succeed within a range of likely conditions and must be adjusted as
those conditions are monitored and evaluated, while maintaining a steady aim at its
ultimate goals.
How Will The Plan Be Implemented?
Adegtinga A comprehensive plan is the first step toward realizing the City's vision. The
vision is achieved when the comprehensive plan is implemented. Federal Way's
implementation program is comprised of a combination of short-term and long -term
actions. Short-term actions include the approval of comprehensive plan amendments and
rezones that match the FWCP's Ilse- designeAees vision. Other actions include the
annual update of the City's six year Capital Improvement Program, which describes the
street, park, and surface water utility projects the City intends to build. There are also long-
term actions including subarea planning, monitoring, evaluating, and amending the FWCP
as conditions change; and developing a capital investment program that allocates resources
to projects that will spur the City's development in the direction envisioned in the FWCP.
Subarea Plans: Adoption of subarea plans such as the City Center and the Twin Lakes
Commercial Subarea Plans will
tailor the FWCP's citywide perspective to individual areas, whether
Revised 294-3 2014 1 -14
FWCP — Chapter One, Introduction
they are neighborhood retail nodes or light manufacturing areas.
subam plan for- the City Center-. Subarea plans are expected to continue to aid in
adjusting and fine- tuning the FWCP over time.
Coordination with Other Jurisdictions: Federal Way representatives have participated with
King County, other cities, Sound Transit, and the Puget Sound Regional Council in
numerous discussions on various issues such as how to accommodate projected housing
and employment and how to provide transportation opportunities for citizens. gem@
issues haw been addEessed and ethefs have been identified fff additional diseussion.
Undoubtedly, continued regional planning forums will need to be created to meet the
GMA's challenge for regional action toward creating, implementing, and funding a
shared vision for the greater Puget Sound region.
Regulatory Provisions: Implementing the FWCP will include continuing e4efflin , to
modifying, aader- feplasing existing regulations, andler drafting new regulations consistent
with the policies and goals of the FWCP. Fef instanee, in 2002 the City Ailfffied a
' . In recent years, the
City has taken proactive steps to streamline regulations in order retain existing businesses
and to attract new ones.
A Strategic Investment Strategy: This will describe a framework for making resource
allocation decisions in an environment where wants and needs always exceed the finite
resources available. Tradeoffs among many possible investment choices will be made to
achieve the FWCP's goals. The framework will add dimension to the FWCP's goals by
enabling them to be addressed over time. The City of Federal Way is investing in its future
by maintaining and improving its infrastructures city -wide and building the Town Square
Park and the PACC in the City Center to attract and foster economic development.
Human Services, Public Safety, and Environmental Planning. These will continue to build
upon the foundation established by the FWCP. Much of the FWCP, as developed to
fulfill the GMA, addresses physical development and its related regulatory and fiscal
Revised 2813 2014 1-15
FWCP —Chapter One, Introduction
support. Federal Way works with other levels of government, non - profit providers, and
citizen groups to support an array of activities and services that contribute to the quality
of life of Federal Way's citizens. These include public safety; health, cultural,
educational, and environmental activities; and human services. To ensure that the
interrelationships of all aspects of urban life are addressed, planning will be undertaken
by the City in a way that is supportive of and coordinated with the FWCP. For example,
the City is in the initial stages of designating an area in the vicinity of South 288`h Street
and Military Road as a Neighborhood Revitalization Strategy Area (NRSA). This
designation would allow the City to invest in housing, economic development, and other
community resources over a five to ten year period to build from existing neighborhood
strengths and fill existing gas.
Monitoring and Evaluation: This will be done periodically to assess progress toward
achieving FWCP goals, as well as to measure the conditions and changes occurring
within the City. Monitoring and evaluation will help ensure consistency within and
among the FWCP chapters, as well as with the GMA, VISION 2040, the CWPPs, and
county and regional growth plans. Monitoring and evaluation will lead to both FWCP
amendments and improved ability to project future conditions.
Citizen participation: in The City prreeesses will continue to build upon the dialogue
between government and citizens that began with the development and adoption of the
FWCP in 1995. The City will strive to find improved means to communicate with, and
involve citizens in planning and decision - making such as the Mayor's Neighborhoo d
Connection Meetings started in 2014, and engaging in social media. The City will strive
to provide information that can be easily understood and to provide access for public
involvement. This will include processes for making amendments to and implementing
the FWCP.
Application of the Plan
The principal purpose of the comprehensive plan is to provide policies that guide the
development of the City in the context of regional growth management. These policies
can be looked to by citizens and all levels of government in planning for the future of
Federal Way.
Revised 2043 2014 1 -16
FWCP — Chapter One, Introduction
The FWCP format generally presents a discussion about an issue followed by a goal, and
some policies related to that goal. Goals describe what the City hopes to realize over time,
and are not mandates or guarantees. Policies describe actions that will need to be taken if
the City is to realize its goals. Policies should be read as if preceded by the words, "It is
the City's general policy to...." A policy helps guide the creation or change of specific
rules or strategies (such as development regulations, budgets, or pr-egr-am subarea plans).
City effieials will gener-ally make do eifie City aetions by felle i
gas
> budgets,
FWGP pelf ies .eAhe,..ha by -ems .... ng di fe tly to the F-xxrGP. Implementation of most
policies involves a range of City actions over time, so one cannot simply ask whether a
specific action or project would fulfill a particular FWCP policy. For example, a policy
that the City will "give priority to" a particular need indicates that need will be treated as
important, not that it will take precedence in every City decision.
Some policies use the words "shall" or "should," "ensure" or "encourage," and so forth.
In general, such words describe the relative degree of emphasis that the policy imparts,
but not necessarily to establish specific legal duty to perform a particular act, to
undertake a program or project, or to achieve a specific result. Whether such a result is
intended must be determined by reading the policy as a whole, and by examining the
context of other related policies in the FWCP.
Some policies may appear to conflict, particularly in the context of a specific fact
situation or viewed from the different perspectives of persons whose interests may
conflict on a given issue. A classic example is the "conflict" between policies calling for
"preservation of the environment" and policies that "promote economic development."
Because FWCP policies do not exist in isolation and must be viewed in the context of all
potentially relevant policies, it is largely in the application of those policies that the
interests, which they embody, are reconciled and balanced by the legislative and
executive branches of City government.
Comprehensive Plan Amendment Process
The City will update the FWCP annually in order to keep this document current with the
community's vision and the City Council's policy direction. In addition to updating
Revised 2043 2014 1-17
W M No
Comprehensive Plan Amendment Process
The City will update the FWCP annually in order to keep this document current with the
community's vision and the City Council's policy direction. In addition to updating
Revised 2043 2014 1-17
FWCP —Chapter One, Introduction
ehapter-S, stleh as Gapital Faeilities, the Publie will also be notified that a eefnpr-ehefisi�ve
Individual requests for site - specific comprehensive
plan amendments will be considered during the annual update process. In addition, the
City will undertake a major comprehensive plan update every eight years or as otherwise
mandated by the GMA.
Acknowledgments
The City Council and staff thank the hundreds of citizens who have made the GityShape
pfejeet major comprehensive plan update a success. We look forward to working with
you and others over the coming years to make your vision Federal Way's future.
Revised 2433 2014 1 -18
AIM
CITY OF
r a; 111,
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code (FWRC)
Related to Group Homes Type III
Sections 19.05.070, 19.105.050, 19.205.060, 19.220.090, and
New Section 19.240.XXX, "Group Homes"
File No. 14- 100196 -00 -UP
Public Hearing of July 2, 2014
I. BACKGROUND
The Federal Way Revised Code (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
represented in any of the Use Zone Charts for any of the established zoning districts. This means that
they are not permitted outright in any zoning district.
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.
The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (Exhibits
A -E), and forward a recommendation to the City Council's Land Use /Transportation Committee
(LUTC) and City Council. This proposed code revision is listed as a "High Priority" in the Planning
Commission's 2014 work program.
MORATORIUM AND MODIFICATION TO TITLE 12 "BUSINESSES"
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.
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
FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP
July 2, 2014, Planning Commission Public Hearing Page 1 of 7
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.
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.
CHARACTERIZATION OF GROUP HOMES IN TITLE 19
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 HP means housing for adults that have been convicted of a
FWRC 19.05.070
violent crime against a person or property, have been convicted of a crime against
a person with a sexual motivation, or have been convicted or charged as a sexual
or assaultive violent predator. This category includes housing for individuals
under the jurisdiction of the criminal justice system, individuals who have entered
a pre- or post- charging diversion program, or individuals selected to participate in
state - operated work/training- release and pre - release programs or similar
programs; but excludes full -time detention facilities.
Group Homes Type II
"Group Homes Type IT' means housing for juveniles under the jurisdiction of the
FWRC 19.05.070
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.
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 II (juvenile offenders) 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 lI and sensitive land uses such as schools, parks, churches, and day care centers.
FWRC Code Amendments— Group Homes Type 111 File 14- 100196 -00 -UP
July 2, 2014, Planning Commission Public Hearing Page 2 of 7
The following section on proposed code amendments 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.
II. PROPOSED CODE AMENDMENTS
This section provides a summary of each of the proposed code amendments. The proposed zoning
code text is enclosed in Exhibits A -E.
SUMMARY OF PROPOSED CODE AMENDMENTS
Based on the review of existing comprehensive plan and zoning code language, state law, and other
jurisdictions' treatment of sex offender and similar types of housing, this section identifies staff's
recommendations for zoning code amendments.
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 DAA 1800 a d
I- 4142499 Anly.)
p1
p1
pi
P'
Group Homes Type III
P1
P1
(proposed)
In addition to the existing zones where Group Homes Type II are currently allowed (RM, 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.
Permitted subject to Process IV Review (Hearing Examiner)
FWRC Code Amendments— Group Homes Type III File 14- 100196 -00 -UP
July 2, 2014, Planning Commission Public Hearing Page 3 of 7
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 (violent or sexually motivated offenses). 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 must be approved under preeess 1 to We shall be treated as a group home type 4l
and nett group home type Ill. The maximum mb of residents .. .flitted in a group home
will be det°,- ..fill °.7 An e by ease basis through the a plieable . 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 Exhibit B for reference).
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 HI.
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/
training release or other similar programs as provided in Chapters 137 -56 and 137 -57
WAC. Such groups also include individuals who have housing Fr adults that hav 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 "rte as a sexual or assaultive
violent predator. This category also includes "significant impact businesses" as defined in
FWRC 12.60.020. This category inGlua°^ housing for indiv ;duals under- the ; isdietion of the
system, pre or post b
excludes full -time detention facilities.
5. Add a requirement for noticing of proposed Group Homes Type III of 1,000 feet from the
subject site.
FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP
July 2, 2014, Planning Commission Public Hearing Page 4 of 7
Noticing procedures and identification of properties to be notified would be the same as that
specified for a Process IV Hearing Examiner decision, except that the notification area is
proposed to be increased from the standard 300 -foot radius to 1,000 feet. This distance is the
same as the separation standard proposed for Group Homes Type III, and is also similar to the
one quarter mile radius that the Police Department utilizes for noticing of an individual Level 2 or
Level 3 sex offender residence location.
III. PROCEDURAL SUMMARY
6/13/14: Public Notice of 7/2/14 Planning Commission public hearing published and posted
6/13/14: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA)
6/27/14: End of SEPA Comment Period
7/11/14: End of SEPA Appeal Period
IV. PUBLIC COMMENTS
No comments were received as of the date of this report.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process. VI review, the role of the Planning Commission is as
follows:
1. To review and evaluate the proposed zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meet the criteria established
in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
VI. DECISIONAL CRITERIA
FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
chapter. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP
July 2, 2014, Planning Commission Public Hearing Page 5 of 7
The proposed FWRC text amendments are consistent with the following Federal Way
Comprehensive Plan (FWCP) policies and goals:
LUP11 Support the continuation of a strong residential community.
LUG3 Preserve and protect Federal Way's single-family neighborhoods.
LUP14 Maintain and protect the character of existing and future single - family
neighborhoods through strict enforcement of the City's land use regulations.
The following is an excerpt from Chapter 2.9, "Essential Public Facilities," of the FWCP:
"Pursuant to the GMA, no comprehensive plan can preclude the siting of essential
public facilities and each should include a process for siting essential public facilities.
The GMA includes these provisions because siting certain public facilities has become
difficult due to the impacts many of these facilities have on the community. Title 19 of
the Federal Way Revised Code (FWRC), defines essential public facilities and provides
a land use process for siting them. Essential public facilities include those facilities that
are typically difficult to site, such as airports, state or regional transportation systems,
correctional facilities, and mental health facilities."
2. The proposed amendments bear a substantial relationship to public health, safety, or
welfare.
The proposed FWRC text amendments bear a substantial relationship to the public health, safety,
and welfare because the text amendments establish zoning districts where Group Homes Type III
may potentially locate, and also establish separation standards from sensitive land uses to help
protect the general safety and welfare of Federal Way residents by limiting the potential for daily
interaction with other residents who have a criminal background related to crimes of a violent and/
or sexually- motivated nature.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments are in the best interest of the residents of the city because
the zoning districts where Group Homes Type III may potentially locate are in the areas of the city
that are typically least likely to have sensitive land uses or residential land uses. In addition, the
provision for separation standards applied to Group Homes Type Ili will ensure that these facilities
are not located near places where families and children are most likely to congregate.
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to
the Land Use /Transportation Committee (LUTC) and City Council.
Modifications to FWRC 19.205.060, 19.220.090, 19.105.050, and 19.05.070, and the
addition of FWRC 19.240.XXX, as identified in Exhibits A -E below.
FWRC Code Amendments— Group Homes Type III File 14- 100196 -00 -UP
July 2. 2014, Planning Commission Public Hearing Page 6 of 7
EXHIBITS
Exhibit A — FWRC 19.205.060, Modifications to Use Zone Chart: RM "Group Homes"
Exhibit B — FWRC 19.220.090, Modifications to Use Zone Chart: BC "Group Homes"
Exhibit C— FWRC 19.240.XXX, Proposed New Use Zone Chart: CE "Group Homes"
Exhibit D — FWRC 19.105.050, Proposed modification to clarify when housing for juvenile offenders
shall be considered Group Homes Type III
Exhibit E — FWRC 19.05.070, Modifications to the definition of "Group Homes Type III"
FWRC Code Amendments — Group Homes Type III File 14- 100196 -00 -UP
July 2, 2014, Planning Commission Public Hearing Page 7 of 7
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Exhibit D — FWRC 19.105.050
Proposed modification to clarify when housing for juvenile
offenders shall be considered Group Homes Type III
Federal Way Revised Code (FWRC)
Title 19, "Zoning and Development Code"
Chapter 105, "General Development Regulations"
19.105.050 Group homes.
A group home type II proposing to serve juveniles convicted of the offenses listed under group
home type III shall be treated as a gratip �,d
The ,b .F. de e � 'R b
�et-a group home type III. 1� _�___�- ,� be
No. 09 -605, � 3(13ah. A), 3 -3 -09; Ord. No. 09 -593, § 27, 1 -6 -09. Code 2001 � 22 -978.)
Exhibit E -- FWRC 19.05.070
Modifications to the Definition of "Group Homes Type III"
Federal Way Revised Code (FWRC)
Title 19, "Zoning and Development Code"
Chapter 05, "Zoning and Development in General'
19.05.070 G definitions.
"Gambling use" means activities regulated by the state which involve staking or risking something of value
upon the outcome of a contest of chance or a future contingent event not under the person's control or
influence, upon an agreement or understanding that the person or someone else will receive something of
value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State
Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch
boards; pull tabs; bingo games operated by bona fide not - fox - profit organizations; limited social games
operated by bona fide not - for - profit organizations; commercial amusement games; raffles; fund- raising
events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin
contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by
the State Lottery Commission.
"Geologically ba .Zardous areas" means areas which because of their susceptibility to erosion, landsliding,
seismic or other geological events are not suited to siting commercial, residential or industrial development
consistent with public health or safety concerns. Geologically hazardous areas include the following areas:
(1) "Erosion ba .Zard areas" are those areas having a severe to very severe erosion hazard due to natural
agents such as wind, rain, splash, frost action or stream flow.
(2) "Landslide ba .Zard areas" are those areas potentially subject to episodic downslope movement of a
mass of soil or rock including, but not limited to, the following areas:
(a) Any area with a combination of-
(i) Slopes greater than 15 percent;
(ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
(iii) Springs or groundwater seepage.
(b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to
the present, or which is underlain by mass wastage debris of that epoch.
(c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
(d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or.flooding.
(e) Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
FWRC 19.05.070, G Dcftnitions Page 1 of 3
Exhibit E -- FW RC 19.05.070
Modifications to the Definition of "Group Homes Type III"
(f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
(g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) "Seismic hazard areas" are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These
conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow
groundwater table.
(4) "Steep slope hazard areas" are those areas with a slope of 40 percent or greater and with a vertical
relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is
delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of
vertical relief.
"Glare" means the reflection of harsh, bright light as well as the physical effect resulting from high
luminances or insufficiently shielded light sources.
"GovernmentfadliY' means a use consisting of services and facilities operated by any level of government,
excluding those uses listed separately in this title.
"Grading" means altering the shape of ground surfaces to a predetermined condition; this includes
stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its
cut or filled condition.
"Grand opening" means a promotional activity used by newly established businesses to inform the public
of their location and services available to the community. A "grand opening" does not mean an annual or
occasional promotion of retail sales or other services, and does not include a change in ownership,
remodeling, or other change incidental to the initial establishment of the business.
"Gross floor area" means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
"Groundfloor" means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the subject
property.
"Groundwater" means waters that exist beneath the surface of land or beneath the bed of any stream, lake
or reservoir, or other body of surface water.
"Groundwater contamination" means the presence of any substance designated by the U.S. Environmental
Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or
secondary water quality parameter, in excess of the maximum allowable containment level "CL).
"Group homes ype IT' means housing for juveniles under the jurisdiction of 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-
FVRC 19.05.070, G Definitions Page 2 of 3
Exhibit E -- FWRC 19.05.070
Modifications to the Definition of "Group Homes Type III"
release programs; but excludes full-tune 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 a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This
definition shall not be applied to the extent that it would cause a residential structure occupied by persons
with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently
than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.050
and FWRC Title 19, Division VI, Zoning Regulations.
"Group homes type IIP 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/training release or other similar
programs as provided in Chapters 137 -56 and 137 -57 WAC Such groups also include individuals who
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 eharged as a sexual
or assaultive violent predator. This category also includes "significant impact businesses" as defined in
FWRC 12.60.020.This category
system, indi-t4dttals who h*ve entered a pre of post eharging diver fividtiftis seleet
excludes
znl- Pr
full-time detention facilities.
"Gymnasium" means a room or building equipped for sports, which must be accessory to a school facility,
health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be
used as an auditorium to hold concerts and other performing arts.
(Ord. No. 09 -610, 4 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, 4 24,1 -6 -09. Code 2001
§ 22 -1.7.)
FWRC 19.05.070, G Definitions Pagc 3 of 3
3936 SW 316th Street
Federal Way, WA 98023
June 30, 2014
Margaret H. Clark
Principal Planner
City of Federal Way
33325 8th Avenue South
Federal Way, WA 98003
Dear Margaret Clark,
I'm writing to comment on the Comprehensive Plan Update, Chapter One.
There were two areas I had questions about. I've listed them below by page number. In
general I thought the changes to the previous plan were good, but I wanted to comment on
things in the area concerning growth, and in the Vision Statement.
p. 1 -2
Where should growth occur?
How can we manage that growth to realize our vision for the community?
Why were these two removed? Encouraging desired development isn't the same as
managing growth or deciding where it should occur. One of the things we should be
careful about is where we allow different types of construction to take place, so that it
doesn't conflict with the existing types of buildings or neighborhoods.
Vision Statement
P. 1 -11
pedestrian friendly, multi -use City Center
This is part of the vision for how Federal Way might be years from now. The city
center today is far from pedestrian friendly. I see few people walking there. I, myself,
usually drive there, and from shops on one side of 320th Street to those on the other
side. Both 320th and Hwy 99 are hard to cross, especially for someone with limited
mobility.
How will this vision be achieved, and where will that be spelled out in the plan?
a ide variety of dining and shopping options
Again, how is this vision to be achieved? Federal Way has been described as a
gastronomic wasteland. It's mostly chain restaurants and strip mall teriyaki places.
Besides the Commons and a few other stores, there isn't a wide variety of options, such
as small speciality stores.
Any plan to make this vision a reality needs to take these things into account, and take
steps to bring in more quality restaurants, cafes, and shops.
p. 1 -12
Economic Vitality
This depends on the economic development plan, and how realistic it is. I don't think
this city is likely to attract many company headquarters. Companies seem to want to
locate in large cities with good transportation and a good potential work force. Seattle
and Bellevue are much more likely to attract such companies. I think Federal Way
needs to assess what it actually has to offer, and make realistic plans to attract
businesses that will offer employment, and a tax base for the city.
Efficient Traffic System
This should be Transportation, not Traffic.
The present system is inadequate. Locally, public transit is very limited, and the streets
become clogged during rush hour. Area -wide, we have limited public transit to other
parts of the Seattle- Tacoma area, and the highways are clearly inadequate.
What's going to be done to remedy these shortcomings? When will these steps be
spelled out in the plan?
I realize that this is just the Introduction to the Comprehensive Plan, and that later sections
will probably address these questions. But since this is the Introduction, I thought it well to
raise these issues now, rather than wait until the later sections are presented for comments.
Thank you for reading my comments. I appreciate the opportunity to take part in this process.
By the way, I thought the section about Federal Way's history was interesting, although
probably not needed in this update. Could you send me a copy of that part without the change
highlighting? Thank you!
Sincerely,
a 44tl�
Arthur Hopkins