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LUTC PKT 08-04-2014City of Federal Way City Council Land Use /Transportation Committee August 4, 2014 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Action Topic Title/ Description Presenter Page or Info A. Approval of Minutes: July 7, 2014 Upton 3 Action B. Mark Twain NTS '14 — 25 Dr S & 22 Ave S Preston 7 Action First Reading (S284 th PI to Star Lake Road) September 2, 2014 15 min C. Amendments to FWRC Title 19 for Group Shull 11 Action August 12, 2014 Homes Type III Consent D. Rate Structure for Surface Water Utility Appleton 61 Action Rate Adjustment E. Demolition of Structure located at 28866 Appleton 79 Action Pacific Hwy S F. Flag Pole on S 320th Street Salloum 83 Action Council Date Time N/A 5 min August 12, 2014 5 min Consent August 12, 2014 10 min Ordinance First Reading September 2, 2014 15 min Ordinance First Reading August 12, 2014 5 min Consent August 12, 2014 5 min Consent 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: Due to Labor Day, the next LUTC meeting will be Monday, September 8, 2014 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members Bob Celsk, Chair Kelly Maloney, Member Lydia Asseta- Dawson, Member City Staff Marwan Salloum P. E., Public Works Director Shawna Upton, Administrative Assistant II 253- 835 -2703 This page left blank intentionally. City of Federal Way City Council Land Use /Transportation Committee July 7, 2014 City Hall 5:30 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia Assefa- Dawson (late). Council members in attendance: Deputy Mayor Burbidge and Susan Honda. Staff in Attendance: Public Works Director Marwan Salloum, Building Official Marty Gillis, Contract Attorney Kim Pratt, City Traffic Engineer Rick Perez, Senior Traffic Engineer Erik Preston, Interim Street Systems Manager John Mulkey, Street Systems Project Engineer Christine Mullen and Administrative Assistant II Shawna Upton. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:32 PM. 2. PUBLIC COMMENT (3 minutes) Josh Haglan is an HOA Board Member and is concerned about the safety of kids and older folks near the park. There is nothing in the area to slow cars down. He realizes that the NTS petition does not meet the criteria but would like the Council to consider the request. 3. COMMITTEE BUSINESS Topic Title/ Description Forward to Council A. Approval of Minutes: June 2, 2014 N/A Committee approved the June 2, 2014, LUTC minutes as presented. Moved: Maloney Seconded: Celski Passed: Unanimously, 2 -0 B. S 304" St at 28th Ave S Intersection Improvements — 30% Design Status Report July 15, 2014 Consent Ms. Mullen stated this project will construct a traffic signal and a northbound right turn lane at the intersection of S 304th St and 28th Ave south and would require right -of -way acquisition on three parcels. She noted a brief synopsis of the progress of the project to date and briefly discussed ongoing tasks and estimated expenditures. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair 3 Marwan Sal /oum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253- 835 -2703 C. Green Gables NTS — SW 325th Street (near Treasure Island Park) N/A Mr. Preston provided the results of the traffic study conducted in the area, background information on the NTS program and scoring criteria used to determine eligibility. Staff mentioned in some cases where NTS criteria was not met, the HOA or home owners in the area have agreed to pay for the improvements themselves and would only need an approved right -of -way permit to do the work. Discussion continued regarding past practice, how the scoring criteria guidelines were created and physical characteristics of the area. Committee forwarded Option #2 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 D. Grant Funding for Transportation Improvement Projects — Authorization to Submit July 15, 2014 Applications Consent Mr. Mulkey reviewed the current funding availability for transportation projects. He outlined the projects that would likely be competitive in the 2014 Transportation Improvement Board (TIB) Funding Program and noted estimated project costs, possible grant amounts and required city match for each project. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 Pacific Highway South HOV Lanes Phase V (S 340th Street to S 359th Street) Project — 30% July 15, 2014 Design Status Report Consent Mr. Mulkey provided background information for this project which includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, lighting, landscaping, planted medians, left turn movements restricted to intersections and consolidating driveways where possible. He explained the progress made to date, projected expenditures and available funding. As staff moves forward to the 85% design status, the estimated project costs for construction in 2016 will be refined. Committee forwarded Option #1 as presented. Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0 F. Amendment of FWRC Title 13 "Buildings" to Adopt State - Mandated 2014 Electrical Code July 15, 2014 First Reading Ms. Gillis stated updates have been made to the Washington State law that governs electricians and electrical installations. She noted that updated are needed in the Federal Way Revised Code in order to allow the City to enforce and administer the 2014 Washington electrical code and related Washington State amendments. Committee forwarded Option #1 as presented. Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, August 4, 2014 at 5:30 p.m. in City Hall Council Chambers. Committee Members City Staff Bob Celski, Chair 4 Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member 253- 835 -2703 6. ADJOURN The meeting adjourned at 6:33 PM. COMMITTEE APPROVAL: Bob Celski, Chair Kelly Maloney, Member Attest: Shawna Upton, Administrative Assistant II Lydia Assefa- Dawson, Member Committee Members City Staff Bob Celski, Chair 5 Marwan Salloum, P. E., Public Works Director Kelly Maloney, Member 5hawna Upton, Administrative Assistant II LydiaAsseta- Dawson, Member 253- 835 -2703 This page left blank intentionally. COUNCIL MEETING DATE: August 12, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Subject: Mark Twain NTS 2014 — 25th Drive S & 22nd Avenue S (S Star Lake Road to S 284`" Place) POLICY QUESTION: Should the Council approve the installation of 5 speed humps on 25`h Drive S and 22` d Avenue S between S Star Lake Road and S 284th Place? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other . ..............._ ............. ---......................................................................................................................................_ ..... ............................................................................. ...............- ....................... ..........._................ ......................... _ .............. __........................ ....................._.. ...... . ---............ ._........_......__._.._....... Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014 Options Considered: 1. Authorize the installation of 5 speed humps on 25t1' Drive S and 22nd Avenue S between S Star Lake Road and S 284th Place. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the August 12, 2014 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: o e /% Co cil• �� b /Y a CHIEF OF STAFF: 14 ��1 %dAf o ittee o cil COMMITTEE RECOMMENDATION: I move to forward Option I to the August 12, 2014 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the installation of S speed humps on 25`x' Drive S and 22 "" Avenue S between S Star Lake Road and S 284`i' Place. " 7 (BELOW TO BE COMPLE• "I 'ED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 7 CITY OF FEDERAL WAY MEMORANDUM DATE: August 4, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Works Erik Preston, P.E., Senior Traffic Engineer SUBJECT: Mark Twain NTS 2014 — 2r Dr S & 22nd Ave S (S Star Lake Rd to S 284`h PI) BACKGROUND: Residents living along 25`h Dr S and 22nd Ave S between S Star Lake Rd and S 284' P1 submitted a petition requesting the installation of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along 25`h Dr S and 22nd Ave S. A traffic study was conducted and the results are as follows: • Average Daily Traffic (ADT): 1,664 • 85`h percentile speed: 31.5 mph • 5-year Collision History: 2 collisions, 1 injury Based on the current adopted NTS installation criteria (per Table I below), 25"' Dr S scored 4.0 total severity points. This meets the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Table I Minor Collector Street NTS Criteria Point Scale 85th Percentile Speed Average Daily Traffic (ADT) Location School /Park 5 -Year Collision History Total Injury Fatal 0.0 0-25 0 - 1,000 No 1 - - 0.5 26-27 1,001 —1,800 Yes 2 - - 1.0 1 28-29 1,801 — 2,600 - 3 1 - 1.5 30-31 2,601 — 3,400 - 4 - - 2.0 32-33 3,401 — 4,200 - 5 2 1 2.5 34-35 4,201 — 5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ Points Given 2.0 0.5 0 0.5 1.0 0 Total Points Scored 4.0 A neighborhood traffic safety meeting was held on May 29, 2014 and was well attended by 30 residents. The attending group consensus was to install four or rive speed humps on 25`h Dr S as spacing and grades allow. F3 August 4, 2014 Mark Twain NTS 2014 Page 2 If less than five speed humps could be installed on 25th Dr S, then a raised crosswalk at the S Star Lake Rd intersection and speed hump(s) on 22nd Ave S south of S 280'h P1 were to be considered. Traffic Division staff evaluated possible speed hump locations and proposed the following five locations; 1) 27523 25' Dr S 2) 27602 -27608 25' Dr S 3) 27812 -27818 25' Dr S 4) 27911 -27917 22nd Ave S 5) 2802922 nd Ave S The speed table locations were based upon driveway placement, roadway grade limitations (less than 8% required), intersection spacing, and placement for optimal effectiveness against speeding. Proposed speed hump locations have been marked on the street as shown on the attached map. In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. The following table summarizes the ballot results: Traffic Calming Device Ballots Sent 875 Ballots Returned 83 9.5% Undeliverable 51 Yes Votes 70 84% No Votes 13 16% Returned w/o Response 0 0% One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, the balloting exceeds this majority. The estimated cost of this project is approximately $15,000, which falls within the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for school NTS and /or school safety related improvements. Staff recommends approving the installation of five speed humps on 25th Dr S and 22nd Ave S between S Star Lake Rd and S 284th Pl. The proposed package should be effective in reducing speeds and improving vehicular and pedestrian safety. However, there may be some negative impacts to the neighborhood including inconvenience, noise and a slight increase in emergency response time. cc: Project File Day File NORTH SECTION — 25`h Drive S 27523 � �, '' � r may,.... f�' ,,,�► ,. e ,. ...•- � .ire DEW, y� ie S COUNCIL MEETING DATE: August 12, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Proposed amendments to the Federal Way Revised Code (FWRC) related to the siting of Group Homes Type II and Type III which includes residents who are under the jurisdiction of the criminal justice system and have been convicted of certain crimes including registered sex offenders. POLICY QUESTION: Should the City amend the FWRC to provide guidance for the siting of Group Homes Type III? COMMITTEE: LUTC MEETING DATE: August 4, 2014 CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Janet c ❑ Ordinance ❑ Resolution AICP, Senior Planner ❑ Public Hearing ❑ Other DEPT: CD Attachments: 1) Staff Memorandum to the LUTC; 2) Draft Adoption Ordinance; 3) July 2, 2014 Staff Memorandum to the Planning Commission; 4) July 2, 2014 Staff Report to the Planning Commission with Exhibits A -E; 5) May 21, 2014 Staff Report to the Planning Commission with Attachments 1 and 2; 6) Draft Minutes of the July 2, 2014 Planning Commission Public Hearing; and 7) Minutes of the May 21, 2014 Planning Commission Study Session. Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended by the LUTC; 3) Do not adopt the Mayor's recommendation. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. _,-) _ MAYOR APPROVAL: % TOR APPROVAL: n Co mitte 7oWncil Initial CHIEF OF STAFF: VW ► 'a'" K.. ttee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading and Enactment on August 12, 2014. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION(S): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: July 22, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayorenior �l FROM: Janet Shull, AICP Planner; Isaac Conlen, Planning anl� ager SUBJECT: Zoning Code Amendments for Group Homes Type III A. POLICY QUESTION Should the City of Federal Way approve amendments to the Federal Way Revised Code (FWRC) to establish development regulations pertaining to the appropriate siting of Group Homes Type II and Type III within the City of Federal Way? B. 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 (Ordinance 13 -747) on Group Homes Type III and sex offender housing, so that adequate and reasonable regulations could be put in place. On February 18, 2014, the City Council enacted a renewal of the original moratorium (Ordinance 14- 759) to provide staff additional time to complete research on the appropriate siting of Group Homes Type III and to complete the public process for proposed code amendments. 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. Essentially, the amendments to FWRC Title 12 require that anyone desiring to rent housing to more than one sex offender or a 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. 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 represented in any of the use zone charts for any of the established zoning districts. This means that they are not permitted 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 12 Attachment 1 Land Use and Transportation Committee Zoning Code Amendments for Group Homes Type III Page 2 July 22, 2014 opposition. State law requires that all jurisdictions establish comprehensive plan policies and regulations that address the siting of essential public facilities. To be clear, this means the city must allow the siting of Group Homes Type III. 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 as previously mentioned, the code is silent on what the underlying zoning provisions are for Group Homes Type III. The primary issues considered in the proposed amendments to FWRC Title 19, "Zoning and Development Code," include: Determine which zoning districts are potentially appropriate for the siting of Group Homes Type III within the City of Federal Way. Determine the appropriate standards for permitting Group Homes Type III —in particular, the appropriate separation standards from sensitive land uses. Determine how best to tie in with the requirements specified in FWRC Title 12 "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. SUMMARY OF PROPOSED CODE AMENDMENTS For the full background on the development of the proposed Group Homes Type III regulations and specific zoning code language, please refer to the two documents entitled Staff Report to the Planning Commission dated July 2, 2014 and May 21, 2014; and the draft ordinance attached to the Council Agenda Bill. The following summarizes the proposed code amendments: 1. Designate appropriate zones for Group Homes Type M. The draft ordinance specifies that Group Homes Type III would be potentially allowed in the Community Business (BC) and the Commercial Enterprise (CE) zones. Proposed Group Homes Type III would be subject to Process IV review, which requires a public hearing before the Hearing Examiner. 2. Amend existing code language specifying that certain Group Homes Type II shall be treated as a Group Home Type III. The draft ordinance contains revised code language that 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. 3. Establish appropriate separation standards for Group Homes Type M. The draft ordinance specifies that Group Homes Type III shall be located no closer than 1,000 feet from sensitive land uses such as schools, parks, churches, and day care centers. 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. Group Homes Type III shall also be located at least 300 feet from residential zones. 13 Land Use and Transportation Committee Zoning Code Amendments for Group Homes Type III Page 3 July 22, 2014 4. Amend the current definition of Group Homes Type III and provide a cross - reference between Title 19 ( "Zoning and Development Code ") and Title 12 ( "Businesses ") related to housing for sex offenders and Group Homes Type M. The draft ordinance amends the existing definition of Group Homes Type III 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. 5. Establish a requirement for noticing of proposed Group Homes Type III of 1,000 feet from the subject site. 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 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. The Planning Commission conducted a Study Session on May 21, 2014, and a Public Hearing on July 2, 2014, in consideration of the proposed code amendments. At their July 2, 2014 meeting, the Planning Commission voted unanimously to recommend approval of the proposed code amendments as represented in Exhibits A -E of the July 2, 2014, Staff Report to the Planning Commission. C. RECOMMENDED ACTION PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to recommend approval ofthe proposed code amendments as represented in Exhibits A -E of the July 2, 2014, Staff Report to the Planning Commission. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding the proposed ordinance to First Reading and Adoption on August 12, 2014. c: Project File Day File 14 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Group Homes Type II and Type III; amending FWRC 19.05 -070, 19.105.050, 19.205.060, and 19.220.090; and adding new sections to FWRC 19.240. (Amending Ordinance Nos. 09 -610, 09 -605, 09 -593, 07- 559, 01 -385, 99 -333, 97 -291, 96 -270, and 94 -223) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt modifications to Title 19 of the FWRC which establishes appropriate siting and development regulations for Group Homes Type II and Type III within the City of Federal Way; and WHEREAS, the Planning Commission conducted a public workshop on these code amendments on May 21, 2014; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on June 13, 2014, and no comments or appeals were received and the DNS was finalized on July 11, 2014; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on July 2, 2014; and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2014, and recommended adoption of the text amendments as recommended by the Planning Commission. Ordinance No. 14- Page 1 of 11 Rev 1 /10 LU 15 Attachment 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing guidance on the appropriate siting locational criteria for group homes for adults who are under the jurisdiction of the criminal justice system and /or have been convicted of certain crimes, including registered sex offenders. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies and Comprehensive Plan Chapter 2.9 "Essential Public Facilities ": 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. Excerpt from Chapter 2.9, "Essential Public Facilities," of the FWCP: Ordinance No. 14- 16 Page 2 of 11 Rev 1 /10 LU "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." (b) The proposed FWRC amendment bears 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. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way 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 III will ensure that these facilities are not located near places where families and children are most likely to congregate. Section 3. Chapter 19.240 of the FWRC is hereby amended to add a new section 19.240.XXX to read as follows: Ordinance No. 14- 17 Page 3 of 11 Rev 1 /10 LU E 0 sue, Iry 0 d' N O� a r a b a c 3 c 4 Z F 18 'r a c� o a� • E d c .. wo E r = h O = •C •p � ~ w = � y � � ° ° er =Z E V C u e .. C W d u oar o d dd 9 q a d° o E d u u o a�i e i ° uo L W '_ •E � _ .� ai Op W w .0 C O W° L � L •K W W c g V O o W c g E h 3= d d M o u U •� E d W e `dLt o W mda�= ::� d� 7 V —y '° L d% W vd'i •fl d W" w aj aj M o .. 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O e Ea`+HCC�Sy� L a 6 3 m uo ` E U a E "° E c e,0 O'a L c EEc,,a4 u l0 R a EEu�'nd V O d c ^'� .- .- �wduO O ooc °J L' W ayi C a .� �'• s u y Z p Z'£krwk. 000V aim c a u•O V U E c ;: ie r V d O � •o Z [�•� yr yoo wFFF 0C° L�NNtiH d o�� V9 LC7 40- y F saas� u d paam� aan;ana ;S c: ;o )yM! ag « y •o .►eag e 3 Ry° Cd o E yaea apjS a ._ w q > - p 5TIS 3oZ d .p u i a, m L a w ssaao�d AQUag a a a A pa�m6ag ° c SNOLLV,M!)3 aao�� d u :e .a�IUUUV 19 •„ a c,l o � u �a U Q r O Section 4. FWRC 19.05.070 is hereby amended to read as follows: 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 - for -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 bamard arras" 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. (f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. Ordinance No. 14- (g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. 20 Page 6 of 11 Rev U10 LU (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 ha .Zard 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. "Government facility' means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this title. "Gradinf 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. "Ground floo?" 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 (MCL). "Group homes type II" 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 - 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 a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(0(3)(b). This definition shall not be applied to the extent that it would cause a residential Ordinance No. 14- 21 Page 7 of 11 Rev 1 /10 LU 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 charged as a sexual or assaultive violent predator. This category also includes "significant impact businesses" as defined in FWRC 12.60.020.This category jurisdietion of the eriminal justiee system, individuals who ha-ve entered a pre or post eharging diversion -1 11-te operated workz/traitiing release and pre release programs or sirrAar programs; bti excludes 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, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, 5 24,1-6-09. Code 20015 22 -1.7.) Section 5. FWRC 19.105.050 is hereby amended to read as follows: 19.105.050 Group homes. A group home type II proposing to serve juveniles convicted of the offenses listed under group home type III must be approved tinder proeess I to shall be treated as a group eme type 11 and not a group home type III. The max:itni _.R. nurnbeer of residents permitted in a group home will be detenrtined on a ease by- eftse basis through the appheable review proeess. (Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 27, 1 -6 -09. Code 2001 § 22 -978.) Section 6. FWRC 19.205.060 is hereby repealed: Ordinance No. 14- 22 Page 8of11 Rev 1 /10 LU 3 O C3 O N b a> Cd i.a N ON 0 0 N N a, U w 0 U G7 0 a L 0 O O N N O� 23 1 .1. �0 v U 0 r 0 C N O N '. Z R N 0 E N W V O vi AMA C y O w O o C6 E 3 h 5 a y y y y o° aawo g o •o o � A a$ w^ y 0 ' Mgo C C z C abi V a V C r. AJ A° O0 `0 5 �rr vOi �� =H p S � T C B g h d y 7 y V C 'd •� S o E ° E E 't: t: o O0 0- OC O ° C A 0 T '�Yd A O O p O O � O > u o 2 � ° cr 0 o o 8 ° Or 0-0 y � P 4 o 3 ° > °a ° 0 - - EE > o o 1 1 ! vn i d ° 0 h o O W O F 7 y °0 d 7 G a E6b� C 'a a �qEE aFMi aoi y 7 0. G pd C C v 0aai J dOOV :% O •' y V E* C d E O 1�+' P0. "a' y W 7 .y w u ^�" N ON tE .3 _N O y U Q'i 0> t+ V r' '� O 7 ttl 'n V 0-0 •a o 04 a � •N -S o v w V 7 0 M 0 CX a�@ to T y V A y •J �V O '` N B 0 0. P0 O � .A 2 Q�❑ S 3 °p A > oaV a c od ME V a O €b* 4. � o a O � a ,g, o •C;a oy c �o S�V �3 'J� Go7 3 �E 0 r-M-= oV w B� o 'a %I ° V � = -C m.2 uw 'G o > e 0 g e3 7 ^ ONE o b w d W E o 0. C w U V E 7 ^ d .� M >, _ - ',b 5 � N 'o to 'L 9 vi r�l V O ° E — E O aAV.� . � 'O Uxe O p .'y-' . Vp CC v C. '� G. tY. a°i V •°.. '7':i O 6 m 3 E y y yN. W Z tV N O E V 'y M y 0 O O E p ;; inA�A'CO V .FR. .>`. V y 04 9 o ai'� -04 N 5 y k d N M y A 40 .5 V q C bo 1"0. 5 5 .V„ C 0 V E~ d V a' r O t C C M 0 .0 E w;:'� O A E Y u 'yp7 E MA 7 O U R i, O y � Ey' fro a5 30= 3 '+o0 a E'� a E v o o V o ° e v c° °'s - e, A- ° c� s a V�0, a m0"0 02 WHO= a E v wm 3 o 3 w 4- 42 .8!E O G raj � ay y `0 �vA.o V °%�'�„�a.�•.�.F.m °0' `�d °y °� NN 0M �O O��.. V.N.ivs y V E a V O V V•VO 'a O 'O -0 ay A o w v &w •CAF 3 c 0 0 0 0 cq saasdS Srnx-ed .5 Oabi pannbag 2 �Z aanlangS cn.5 :. Wpaqq W o cu c> .. > u ¢ w � 3 y c m ^^ nci ti a 0 (4-0) apis # X o e y b 0 O W c0 'y 4r N .U. IUi x luad c cn O!S lo'I w U > z ti ssaaoid e4Lainag _o F U U paambag o 2> pU�x: pU�x. pUG A =�o�o °' suoii�zno� � 0 W p N O G t0 C7 C7r�I a`UUUV 23 1 .1. �0 v U 0 r 0 D C C U 0 rs°.. v O o� O O N N O� 24 1 � O o� o> 00 E 4-4 a dw �F y ou E v L v O v Q y L N B E 4. b y U 3 A 7 b O O x O O O aL. E U OD r N E t O on N 7 44 pC O F� E N G b N W C a> > o s y L C7 0— O y N N W Qti' N L C N C C O 0 cC > O d L Z O 0 O O °�cA >W, ° f3 w O O 'gyp. O tp O TS p.M d O E �• � L a� FW0 i yC "ai U . �C V q°� $m X t �q 3 �b a i ."°a. as E >' yv� 43 E. ,� E .o 0 �•�� on w 4j }G c 3 o `° Z aa o i _ w ° ° c° �Y� ° ° 3 or o W >�w oS bo m = `o'OU ye°So 'b ego =o o o Z V _°?3� �U � o�� w Q] H y 0 y �lQji U R 'O p=l U 00, ems+ tL. W {0 y O _ (L> U N N iO c O oo (5 O .S = a c � H • � F T U � N O 'Z:3 y 6 N b >N �..,o ° ° ? 3 v m a+ a' Y O CL +' 7 •Op > H' > 'O N U W P. .� E W 7 y o f o °'s a � OVw o so 0 0 C ,OD C y y y x C .O 000-s- x L O. 0 N N t!) C C 0 O' E > OCrD'E r3 N ' 1 E •oD a� a' 0 E b to . ' o 14 E „•a 'Q� • re 8 y b0F yam• • ' 0 Ovp rip o t�v LCO'COYO w a`0 E ° 'C v0, y y N N N E E L L L W a' O c0 C 0 N s s 0 a� at . F'^ xi x 04 t U y L M p 0 0 0 0 y �F°FHE -z �ww >s ° �� x o v v . ..SS,C l- ct 00 D\ .--� .N. 4 r. %0 tw° vi saaedS �u!xred Wz F pannbag � a1n1anj1S ;o lqg!aH w 0 3 lea-d o abi (9 -a) ap!S .5 1uo1A o 04 a z az!S 10-1 W y Ssaaoid ma!nag pal!nba-d pU; pU U U w A r3 r3 w . W) O W� SMOI.LY13931i y ~ N N N aUUUU 24 1 � O o� o> 00 Section 8.mSeverabili1y. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 9._ Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section /subsection numbers, and any references thereto. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 12"' day of August, 2014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 14- 25 Page 11 of l l Rev 1/10 LU Department of Community & Economic Development a:. _ 33325 8`h Avenue South CITY OF Federal Way, WA 98003 Fedela 1 Way 253- 835 -2607 — Fax: 253-835 www.citvoffederalway.com com MEMORANDUM July 2, 2014 To: Federal Way Planning Commission FROM: Senior Planner Janet Shull, AICP Planning Manager Isaac Conlen RE: Group Homes Type II and Type Xfollow up to questions raised at the May 21, 2014, Workshop Session During the workshop held on May 21, 2014, Planning Commissioners raised questions related to Group Homes Type III. This memorandum was developed in collaboration with Police Department staff to provide answers to these questions. In addition, Federal Way Police Commander Steve Arbuthnot and Detective Jeff Vanderveer will attend the upcoming hearing in case you have additional questions for Police personnel. Q1. Do we have any information about the project that was proposed a few years back for the site on Peasley Canyon Road? A. Approximately six or seven years ago, a Secure Community Transition Facility was proposed for this site and other alternate sites in King County. These state - operated facilities are considered Essential Public Facilities. Secure Community Transition Facilities house sex offenders who are not yet eligible to be released into the community as Registered Sex Offenders. This particular facility was to house six men with potential to be expanded to house up to 12. Q2. Could juvenile offenders be placed in a Group Home Type III with adults? A. Our understanding is that the Department of Corrections would not place juvenile offenders with adults. The proposed regulations are not intended to result in juveniles living with adults. The proposed regulations stipulate that a group home for juveniles that have been convicted of a violent crime or sexually- motivated crime must be sited as a Group Home Type III. 1 Attachment 3 Planning Commission Memo Follow up to Group Homes Questions Page 2 July 2, 2014 Q3. What happens to a juvenile offender living in a group home when they turn 18? A. The Department of Corrections would not allow adults to live with juveniles, so once the juvenile turns 18, he or she would have to relocate. Q4. How do we currently notice for registered sex offenders residing in Federal Way? A. The Federal Way Police Department issues notices for Level 2 and Level 3 sex offenders to property owners within one - quarter mile of the residential address provided. There is no noticing for Level 1 offenders, although citizens may call and request information about a specific individual if they believe they may be a sex offender. In addition, there are websites where citizens may look up the location of registered sex offenders and these sites post Level 1, Level 2, and Level 3 sex offender locations. Q5. Could violent and non - violent adults be located within the same Group Home Type III? A. This is possible. The Department of Corrections approves location of offenders per their release plans. 27 -�kCITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRQ 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 28 Attachment 4 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 IP 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 H (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 II and sensitive land uses such as schools, parks, churches, and day care centers. FWRC Code Amendments— Group Homes Type III July 2, 2014, Planning Commission Public Hearing 29 File 14- 100196 -00 -UP 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 BN BC CC -C CC -F OP CE Group Homes Type II (w /proposed changes) R1 (in 0 and RA4 2490 A P' P1 P' P' Group Homes Tyne III P' P' (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 July 2, 2014, Planning Commission Public Hearing 30 File 14- 100196 -00 -UP 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 shall be treated as a group -he pe�I and not a group home type III. will be dere.- nined e a ease bye a basis Offough the ., plieable review » 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 H 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 M. 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 H, 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 M. 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 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 er eharged as a sexual or assaultive violent predator. This category also includes "significant impact businesses" as defined in FWRC 12.60.020. This category einninal jusciee system, individuals whe have eirtced a pr-e vr pest °^ehwgi arsion 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 July 2, 2014, Planning Commission Public Hearing 31 File 14- 100196 -00 -UP 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. 111. 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 July 2, 2014, Planning Commission Public Hearing 32 File 14- 100196 -00 -UP Page 5 of 7 The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUPI1 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 III 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. 1. 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 July 2, 2014, Planning Commission Public Hearing 33 File 14- 100196 -00 -UP 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 July 2, 2014, Planning Commission Public Hearing 34 File 14- 100196 -00 -UP Page 7 of 7 O x CL O O U a� a 0 N 0 0 0 e� 0 0 0 0 N O� U w w 35 �n a� O d O O s. s, U C O N 0 0 c� U "C O O O O N O� U w w Irf O cz. 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'D ` t.' > E R u O Z v t V1 «°ren Z z Q V V R C C i,.- E W O ? e E& A" o J u E= R d= 0 3 o K 3 I � � 1 � V R E p •O V u � i E C R t 'C v� 4: a R V� p O E _, ai O V 'O 7 R ., C L .+ r C L E L •fl 1 L L« L r y' .� E d •C •- C R W° L U E V R� m V- y� d« R L ; R E; Eyo° o i C L 7 C E R R F F E r°j 'h C p y 'V .d O d V r ER °w °w°a� ,C F R= °= eR+ UHF Hz'5w Z FL oc'a 'Vi 'O w w w \D V� l� oo O� ,•, ,•, .•, L .•, ,•. ,•...... V V F ,•. y 1 F' saae� uD }'.�P.d a paa nT h l ' aanlanals c= 0 3014 !aH = c y •n jeu •o � E yaea apps � •E � auoa3 � ' 0 azis 10.1 i R y i F > U wssaao ad nkainag a a a —53 T! ag ° R 3 G w W W W �novlo suoiidzno3 N L L L F•" i V V V �I °IUUUv .a 40 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 must be approved under proeess 1 to shall be treated as a group home type 11 an not a group home type III. (Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, 5 27, 1 -6 -09. Code 20015 22 -978.) 41 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 - for - 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 hazardous 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 ha .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 ha .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 .(in) 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 Definitions Page 1 of 3 42 Exhibit E -- FWRC 19.05.070 Modifications to the Definition of "Group Homes Type III" (0 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 ha .Zard 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. "Government facility' 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 floorarra" 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. "Ground floor" 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 (MCL). "Group homes type IP 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- FWRC 19.05.070, G Definitions Page 2 of 3 43 Exhibit E -- FWRC 19.05.070 Modifications to the Definition of "Group Homes Type III" 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 a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(�(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 homer type HP 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, individuals who have entered a pre or past eharging diver- ar individueds seleeted to state operated release and pre release prageams E)r- si��ar programs; bu excludes 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, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, C 24,1-6-09. Code 2001 § 22 -1.7.) FWRC 19.05.070, G Definitions Page 3 of 3 44 41k 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 Ill. 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. 45 Attachment 5 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 Planning Commission Study Session 46 Page 2 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 workhraining- release and pre - release programs or similar programs; but excludes full -time detention facilities. Group Homes Type 11 "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 FederalTair 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 11 service needs of the local community. Class H 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 H 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 lI are currently allowed and the current separation standards, in concert with recommended code amendments to address Group Homes Type III. Group Homes Type Ill Planning Commission Study Session 47 Page 3 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 staffs 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 R and III in Federal Way Zoning Districts Type SE RS RM PO . BN BC CC -C. CC -F OP CE Group Homes Type II (w /proposed changes) F* (in D: 1900 -Ad one 2400 w P' P1 P PI Group Homes Tyne III P Pi (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 home type 11 and seta group home type IIl. boyne will be de4ffmined en a ease by ease basis thfough the applirablO FOVieW PFOWSS.' 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 11 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 domes Type III Planning Commission Study Session 48 Page 4 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 M. 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 Ill'.' means privately or publicly operated residential facilities for adults under the jurisdiction of.the criminal Justice system who have entered a pre- or post - 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. charged as asexual or assaultive violent predator. This category also includes "significant impact businesses' as defined in FWRC 12.60.020. This category system, individuals who have entered a pro or- post eharging di . . - i, or- individuals pregr-ams; but excludes full -tune detention facilities. IV. PLANNING COMMISSION D1sCUSSION 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 permitted 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 111 Planning Commission Study Session 49 Page 5 May 21, 2014 2. Clarifying that certain Group Homes Type H shall he 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 M definition and cross- referencing with FWRC Title 112, "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 III Planning Commission Study Session 50 Page 6 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 Hoines Use Zone Chart "for BC zone (no changes — for reference): KV014 Code Amendmems \Group Homes Type 111\052114 Study Session Memo.4.doc Group Homes Type III Plnnning Commission Study Session 51 Page 7 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. ............ . ...... ..... .........._____......_......_.._..__.._..........._ ..............._...._........____...._..______.. ____....__...........___..____. _____. 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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R: � .0 u a'�i modo ° �� ^�V'vvEv w �o ��n '0 w° saosds Sui�led pannbag V � aln�onuS ;o MOH w- 0 y 1Cag E (gaea) ap!S 8 ° '` � w J J cn Z az!S 10-T v u � m u H W SS0301d MaiAQ -d U U U U a pannba�j c °L CD O = a; n SNOLLV' XMI w 1-. y Cl U U V V L � @� o � aUUUU 54 N R OVO � N N N S Nq E S o F 'H E N a 9 e N � c O Er E E u EU U C o E C7 0. 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 II 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. 55 KAPlanning Commission\2014VNeeting Summary 05- 21 -14Aoc Attachment 6 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 11 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 II 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 specking 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 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. 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. 56 KAPlanning Commission\201AMeeting 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 housingfor 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. 57 KAPlanning Commission\2013Weeting Summary 06- 24- 13.doc CITY OF FEDERAL WAY PLANNING COMMISSION July 2, 2014 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Hope Elder, Lawson Bronson Sarady Long, Wayne Carlson, and Diana Noble - Gulliford. Commissioners absent: Tim O'Neil, Nikole Coleman - Porter, and Anthony Murrietta (all excused). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark Senior Planner Janet Shull, Contract Assistant City Attorney Kim Adams Pratt, 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 May 21, 2014, were approved as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Planning Manager Conlen introduced our new Commissioner Diana Noble - Gulliford and Alternate Commissioners Nikole Coleman- Porter, and Anthony Murrietta (both absent), all of whom were appointed at last night's City Council meeting. He announced that City Attorney Peter Beckwith took another job and introduced Contract City Attorney Kim Pratt- Adams, who will attend commission meeting in interim. Staff plans to hold the next meeting on the first meeting of August (August 6) on the proposed amendments regarding marijuana sales. Commissioner Elder said many of us will be at FUSION event and we will not have a quorum that evening. Planning Manager Conlen stated we need to schedule the marijuana sales public hearing soon due to moratorium (expires in early November); would August 13 work for the Commissioners? He will send out an email on this issue. COMMISSION BUSINESS BRIEFING — Federal Way Comprehensive Plan (FWRC, Comp Plan) Major Update — Chapter One Principal Planner Clark delivered the staff report. Commissioner Long recused himself because he will be working on the Comp Plan. Staff's plan is to first present chapters as briefings (one or two at a time); staff will incorporate comments after all briefings; then will bring all chapters at same time for the public hearing. Staff received a comment from A Hopkins and has given Commissioners a copy. Principal Planner Clark went over the background. The Growth Management Act (GMA) requires the city to complete a major update to the Comp Plan every eight years; the deadline for the next one is June 30, 2015. This update is to include: review; revise if necessary; legislative action; and a public participation plan. The public participation plan includes open houses (one was held March 19, 2014); a KAPlanning Commission\2014N1eeting Summary 07- 02.14.doc 58 Attachment 7 Planning Commission Minutes Page 2 July 2, 2014 Comp Plan update web page; an interested parties list (citizens can opt to receive updates of notices via the Notify Me, through the web site); and surveys. Staff goals for the Comp Plan update are to: focus on the vision, goals, and policies; delete superfluous language; make it easier for citizens and decision makers to read; for readers to quickly grasp what the vision of the plan is and how it will be implemented; and make it more interesting by adding graphics. All proposed revisions will be reviewed by pertinent departments and divisions (for example, Chapter One was reviewed by the Community Services Division and some of their proposed changes were included). Chapter One proposed changes are housekeeping to improve the flow of the chapter, update references, incorporate language on active living, and delete the history of Federal Way since this information may be obtained from the Federal Way Historical Society. Chapter One does not describe Federal Way today; but are aspirational statements of what we hope the city will be in 2040. Commissioner Carlson thanked the staff for shortening the Comp Plan. He noted that some actions are stated in past tense and suggested they should not be past tense; what seems long gone may reappear or be revisited. Commissioner Noble - Gulliford agrees with Mr. Hopkins concerns, especially in regards to transportation. She asked if any roads in the city center are in the current Transportation Improvement Plan (TIP). Principal Planner Clark replied that she does not know at this time, but it will be addressed during review /discussion of the city center chapter. Commissioner Bronson commented that some of the graphics need to be larger, specifically the ones on page 3 and 11. Chair Medhurst requested that staff be sensitive while removing so much information. PUBLIC HEARING — Proposed Amendments Related to Group Homes Type III Senior Planner Shull delivered the staff presentation. In 2013, 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. The City Council also adopted Ordinance 13 -746 that establishes a definition of "significant impact business" and requires licensing and regulation of "significant impact businesses" as a Group Home Type III. The zoning code currently has a definition of Group Homes Type II and Type III. It currently specifies where Group Homes Type lI may be located, but not Type III. The code amendment under consideration this evening would establish where, and under what conditions, Group Homes Type III may be located within the city. Staff prepared a memorandum with additional information in response to Commissioners' questions at the May 21 Study Session. Senior Planner Shull reviewed the memo. In addition, she presented a map showing the proposed zones /areas Group Homes Type III could locate, and noted the area is very small. Gary Pena — He supports the proposed amendments. He lives near the house that was shut down last year. He was aware the moratorium was about to expire and wants to know what the city is doing in regards to this issue. He stated Normandy Park has no sex offenders; if Normandy Park can get away with this, why not us? Puyallup limits them to two per house. At one point there were 13 offenders in the house near him. Commissioner Noble - Gulliford asked: How will the city enforce this proposed code amendment; Does the city have to allow essential public facilities; and Do the police have a way of knowing how many residents are at the same address? Planning Manager Conlen responded that enforcement will be done by the Police Department and Code Compliance. For the most part, the city will be made aware of an issue by a neighbor's complaint. The Police Department is notified when a sex offender moves into the city. Regarding essential public facilities, the city cannot prohibit them. Senior Planner Shull introduced Lieutenant Tom Robinson from the Federal Way Police Department. He commented that according to Police records, the house in question never had 13 registered sex offenders, the maximum was seven. Police do verify the residence of registered sex offenders. It is the Department KAPlanning Commission\201AMeeting Summary 06- 24- 13.doc 59 Planning Commission Minutes Page 3 July 2, 2014 of Corrections (DOC) that makes the decision if a house is available. Police now has a database they can manipulate and identify where sex offenders are living and if more than one resides at a particular address. Currently, the city does have some addresses with more than one sex offender, but they are disabled. Police do verify if they are actually residing at the stated address (for Level 1 offenders they check once a year or if they move; for Level 2 twice a year; and for Level 3, every quarter. The city has 165 registered sex offenders, of which most live in single - family residences. Commissioner Carlson asked if the city can determine spatially where offenders are. Do they tell Police where they are living or do they ask where they can live? Lt. Robinson responded that offenders are mandated to report to King County Sheriff. Federal Way Police are then notified by the county; but can review thru the database. Commissioner Carlson asked if the city can the tell King County Sherriff that only so many can live in a house. Lt. Robinson replied that he does not know if the city can dictate to a county agency and will have to research the issue. Commissioner Carlson asked how long does King County Sherriff take to inform city, Lt. Robinson responded that the city is informed within days, and automatically through the database system. Commissioner Bronson asked if the proposed amendments will restrict violent crime offenders as well. Planning Manager Conlen responded that the amendments also deal with violent crime offenders. Commissioner Noble - Gulliford asked how the transition will occur for any Group Homes Type II in residential zones. Senior Planner Shull replied that the city is not aware of any Group Homes Type H currently in residential zones, but if there were, they would be considered a nonconforming use. Commissioner Carlson moved (and it was seconded) that the proposed amendments related to Group Homes Type III be recommended for approval as written.. There was no further comment and the motion carried unanimously. Chair Medhurst closed the. public hearing. ADDITIONAL BUSINESS John Hicks, 31033 26th Avenue South — Regarding Chapter One, page 1 -3, Growth Management Act (GMA) he commented that he noted the city took out information about why GMA was passed and suggests something be added about progress and what the GMA has achieved. Planning Manager Conlen responded that what is proposed is a philosophical distinction of how we want the document to look. The staff wants to slim down the document and for that reason took out much of the background and historical information that is available in past FWCPs, other documents, and the Federal Way Historical Society. Staff will consider the suggestion. John Hicks — He further stated that on page 2, staff took out the word "our" and replaced it with "the"; but that seems to exclude the community. Planners should be invested in the community. Chair Medhurst responded that is a good comment and will be considered. ADJOURN The meeting was adjourned at 8:16 p.m. KAPlanning Commission\2013UNeeting Summary 06- 24- 13.doc 60 COUNCIL MEETING DATE: September 2, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RATE STRUCTURE FOR SURFACE WATER UTILITY RATE ADJUSTMENT POLICY QUESTION: Should Council approve the proposed Ordinance amending the storm water utility rate structure to include an increase of 12- percent beginning in 2015 and authorize an annual CPI adjusted rate increase each year thereafter? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution / ❑ Other STAFF REPORT BY: Will Appleton, P.E., Interim Deputy Director �% DEPT: Public Works ... ......... ...... - _ __........ ......... ............. _ .......... _._................................... Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014, SWM Rate Analysis, and proposed Ordinance. Options Considered: 1. Adopt the proposed Ordinance. 2. Reject the proposed Ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the September 2, 2014 City Council Ordinance Agenda for first Readine. n MAYOR APPROVAL: ( /,/ 7 CHIEF OF STAFF: Nwrfr DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on September 2, 2014. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE (SEPT 2): "1 move to forward approval of the ordinance to the September 16, 2014 Council Meeting for adoption 2ND READING OF ORDINANCE (SI:PT 16): "I move approval of the proposed ordinance" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 61 CITY OF FEDERAL WAY MEMORANDUM DATE: August 4, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, Public Works Director 40--� William Appleton, Interim Deputy Director of Public Works SUBJECT: Rate Structure for Surface Water Utility Rate Adjustment BACKGROUND: The Surface Water Utility has not had a rate increase since 2003 and has one of the lowest surface water management fee structures in South King County. Increasing NPDES Phase II permit requirements, new mandates to perform One Call inspections and a need to be proactive regarding the repair and replacement of aging infrastructure are a few of the more compelling reasons that SWM program costs will continue to become significantly higher moving forward. In consideration of this issue, an analysis of the revenue requirements necessary to implement the Surface Water Management (SWM) comprehensive plan, including the capital improvement program (CIP) over an 8 -year period (2015 -2022) was performed. This analysis found that to continue meeting its mission, a surface water management fee increase of 12- percent in 2015 along with an annual CPI based increase each year thereafter will be necessary. Provided as Attachment 1, is a detailed discussion of this topic as well as review and comparison of Federal Way Surface Water Management fees relative to other jurisdictions in the South sound region. cc: Project File Day File 62 Attachment 1 Surface Water Management Rate Adjustment Analysis Executive Summary The Surface Water Utility has not had a rate increase since 2003 and has one of the lowest surface water management fee structures in South King County. Increasing NPDES Phase II permit requirements, new mandates to perform One Call inspections and a need to be proactive regarding the repair and replacement of aging infrastructure are a few of the more compelling reasons that SWM program costs will continue to become significantly higher moving forward. To address this issue, an analysis of the revenue requirements necessary to implement the Surface Water Management (SWM) comprehensive plan, including the capital improvement program (CIP) over an 8 -year period (2015 -2022) was performed. This analysis found that to continue meeting its mission, a surface water management fee increase of 12- percent in 2015 along with an annual CPI based increase each year thereafter will be necessary. Background The Surface Water Utility was formed in February 1990 to accomplish the following mission: Meet all relevant Federal and State stormwater related regulatory requirements, protect public health and safety; prevent property damage; protect, preserve, and enhance surface water and associated habitats; protect groundwater quality and quantity; and to protect and enhance surface water and sediment quality by controlling and reducing harm from urban hydrologic changes and stormwater pollutants. An analysis of the revenue requirements necessary to implement the Surface Water Management (SWM) comprehensive plan, including the approved CIP over an 8 -year period (2015 -2022) was performed. The analysis was conducted using program assumptions that would allow the utility to provide the minimum level of service necessary while continuing to successfully meet its mission statement moving forward. All Surface Water Management programs, operations and maintenance and other activities are performed in support of the utility's mission. To continue meeting this mission, funding for the following key elements will need to be provided for: implementing the approved capital improvement plan (CIP); meeting new National Pollutant Discharge Elimination System ( NPDES) Phase II Permit requirements, including regional monitoring program requirements /activities; continued implementation of the required Underground Utility Locate program; continued assessment and mapping of our stormwater infrastructure and maintaining current operations and maintenance performance levels. The following assumptions and associated costs were included in the minimum level of service analysis: • Implementation of the adopted capital improvement plan (CIP) included as Attachment 1($10.9 million over 8- years); • Maintain current operation and maintenance level of service ($57,000 for additional Maintenance 1 worker); 63 • Meet all new state mandates including the NPDES Phase II regional monitoring program requirement and the Underground Utility Locate requirements ($66,000 for additional SWM inspector, $45,000 for an inspection vehicle and $62,000 for ongoing annual regional monitoring costs). • Provide 50- percent salary support for a Development Services Manager to insure that surface water related matters are properly addressed within the development arena ($60,500). A financial projection for the minimum level of service scenario was run and is shown in Figure 1 below: 8 r_ 7 6 f6 5 0 Q E o 4 m � g c -- 3 m 'r: 1 C� -1 Ending Fund Balance Projection - Maintain level of Service O O O O O ^ _O O O O O O O O O N W A V1 T J 7D 'D C r N W i •!1 9` J O C N W A Jt Figure 1 — Financial Projection for the Minimum Level of Service Scenario The financial projection shows that without a rate increase, the utility will drop below required reserve levels in 2019. Essentially, the annual operational expenditures nearly equal the utility's annual revenue, which means that very little savings is generated on an annual basis for the purpose of funding the approved capital improvement program (CIP) and/or expanded operation and maintenance programs necessary to insure compliance with our NPDES permit. While SWM unallocated funds have increased since 2010, these savings have resulted from minimization of the capital improvement program, deferred maintenance, grant funding of multiple projects that were implemented using in -house staff, and utilization of in -house staff for engineering design and plans and specifications development. The utility will continue to utilize in -house expertise to the maximum extent practicable in addition to continuing to aggressively pursue grant opportunities; however, continued grant 64 Emergency /Operational Reserve Requirement – - - -- _ _ - No Rate Increase —7.5% Increase with 2% CPI —10% Increase with 2% CPI O O O O O ^ _O O O O O O O O O N W A V1 T J 7D 'D C r N W i •!1 9` J O C N W A Jt Figure 1 — Financial Projection for the Minimum Level of Service Scenario The financial projection shows that without a rate increase, the utility will drop below required reserve levels in 2019. Essentially, the annual operational expenditures nearly equal the utility's annual revenue, which means that very little savings is generated on an annual basis for the purpose of funding the approved capital improvement program (CIP) and/or expanded operation and maintenance programs necessary to insure compliance with our NPDES permit. While SWM unallocated funds have increased since 2010, these savings have resulted from minimization of the capital improvement program, deferred maintenance, grant funding of multiple projects that were implemented using in -house staff, and utilization of in -house staff for engineering design and plans and specifications development. The utility will continue to utilize in -house expertise to the maximum extent practicable in addition to continuing to aggressively pursue grant opportunities; however, continued grant 64 funding success comparable to the past is not guaranteed in the future and should not be relied upon. Additionally, it should also be noted that the amount of saving generated over the last 4 -years (2010 -2014) would fund only one significant CIP project. Given current operational and capital improvement plans, a rate increase is required to insure adequate funding to support these programs. Three proposed rate increase scenarios were evaluated for 2015, 7.5, 10 and 12- percent. Each scenario includes an ongoing 2% annual increase to account for inflation and future increased costs. Based on this analysis, a minimum rate increase of 10 %, implemented in 2015 along with an annual CPI adjustment (2% was used for the purposes of this analysis) thereafter would likely be adequate to maintain current levels of service and implement current and anticipated programs beyond 2020. SWM Funding Overview In 1990, the SWM Utility began with a discretionary fund provided by King County, of approximately $7.7 million, and an annual surface water management fee structure as shown in Table 1, column three, "1990 ". It was quickly recognized that the existing rate structure of the City's storm and surface water utility was not adequate to support the necessary maintenance, operations, and planned capital improvements of the utility, and rates were increased accordingly in 1992. The most recent rate increase occurred in 2003 resulting in a fee structure that provides approximately $3.4 million in revenue annually. Category Impervious 1990 1992 2003 2014 Residential (per parcel) 26.07 70.39 79.03 79.03 Very Light (per parcel) 0 -10% 26.07 70.39 79.03 79.03 Light (per acre) 10 -20% 60.83 164.24 178.98 178.98 Moderate (per acre) 20-45% 126.01 340.23 366.41 366.41 Moderately Heavy (per acre) 45 -65% 243.33 659.99 706.96 706.96 Heavy (per acre) 65 -85% 308.51 832.98 891.19 891.19 Very Heavy (per acre) 85- 100% 404.10 1,091.07 1,166.06 1,166.06 City/County City/County Roads per acre 90.44 244.19 264.130 264.13 O Additional Fee for Billing per each 3.82 3.82 0.00 0.00 utility tax% 0.000% 0.000% 6.000% 7.750% Total Residental Fee 29.89 74.21 83.77 85.15 e In 2008, the city discontinued paying a surface water management fee for ROW, which amounted to a reduction in annual revenue of approximately $154,000; furthermore, this action precludes the SWM utility from charging WSDOT a stormwater fee for the limited access area that drains to the City's system. Table 1 - Annual Surface Water Management Fee Schedule for selected years. Although operations and maintenance, NPDES Phase II Permit requirements and capital improvement projects continue to expand, there have been no further rate increases since 2003. In 2008, the city discontinued paying a surface water management fee for ROW, which amounted to a reduction in annual 65 revenue of approximately $154,000; furthermore, this action precludes the SWM utility from charging WSDOT a stormwater fee for the limited access area that drains to the City's system. $150 5130 silo ■ trgie r.v arn��1 "WM cam I Soo 570 $50 I $30 510 -s 1 o 0o a^ ^o C111 . � C911 ^� ; ate ^�i c � c b 0 0^ o ro f 0 y 0 fo s y0 ' 0� 0; ^ ,ti0 ry0 .LO ry0 1 Figure 2 — Annual surface water management fee (1990 thru 2014) for single family residence. Utility tax is not included. Presented in Figure 2, is the annual SWM fee for a single family residence from 1990 thru 2014. The impact of various rate increases for the first year are shown in Table 2 below which provides current SWM fee rates, including the utility tax, and the resulting fee amounts with a 7.5- percent, 10- percent and 12- percent increase. The first year annual impact on an individual residence in Federal Way would be $6.39 for a 7.5- percent increase, $8.52 for a 10- percent increase and $10.22 for a 10- percent increase. SWM fees collected from residential customers accounts for approximately 48% of revenues while the balance comes from commercial development. Category % Impervious Current Rate (Including 7.75% tax) 7.5% Increase (Including tax) 10% increase (including tax) 12% increase (Including tax) Residential (per parcel, per year) $85.15 $91.54 $93.67 $95.37 Very Light (per parcel, per year) 0 -10% $85.15 $91.54 $93.67 $95.37 Light (per acre, per year) 10 -20% $192.85 $207.31 $212.14 $215.99 Moderate (per acre, per year) 20 -45% $394.81 $424.42 $434.29 $442.18 Moderately Heavy (per acre, per year) 45 -65% $761.75 $818.88 $837.92 $853.16 Heavy (per acre, per year) 65 -85% $960.26 $1,032.28 $1,056.281 $1,075.49 Very Heavy (per acre, per year) 85- 100% 1 $1,256.431 $1,350.661 $1,382.071 $1,407.20 Table 2 —First year impact of SWM Fee Increase, including 7.75- percent utility tax SWM Fee Comparison 2014 surface water fees for both residential and commercial facilities within various South Sound jurisdictions were investigated in order to determine how City of Federal Way fees compared. Shown in M1 Table 3 is the annual residential surface water fee (pre - utility tax) for nine South Sound cities as well as King County. $ 250.00 $200.00 $150.00 $100.00 $ 50.00 $0.00 2014 Residential SWIM Fee (Per Parcel) (pre -tax) C v G fUII .fC C Y CJ C O R r aG~ o C tC d f~6 pp G C fB Y E O Z ■ Residential Fee (Per Parcel /year) ■ Proposed Federal Way Rate increases Table 3 — 2014 Annual SWM Residential Fees with Federal Way rate increases. The surface water fee for the City of Federal Way was found to be the lowest, while Auburn was found to be highest, which remains the case even with the highest proposed rate increase of 12- percent. Surface water fees for commercial development are treated differently than residential development; therefore, this fee structure was also investigated for comparative purposes. Surface water fees for commercial development are typically calculated based on the amount of impervious surface on the site. Therefore, in order to compare commercial surface water fees, six different sites in the City of Federal Way were selected and evaluated under each jurisdictions fee structure. Each site selected represents a different scenario in terms of the amount of impervious on the site. The resulting fees were calculated and the jurisdictions ranked in order from highest relative fees to lowest, Table 4. 67 11, N N O) 7 C G O ! Q y ^ LL Ov-4 r4 0 C v G fUII .fC C Y CJ C O R r aG~ o C tC d f~6 pp G C fB Y E O Z ■ Residential Fee (Per Parcel /year) ■ Proposed Federal Way Rate increases Table 3 — 2014 Annual SWM Residential Fees with Federal Way rate increases. The surface water fee for the City of Federal Way was found to be the lowest, while Auburn was found to be highest, which remains the case even with the highest proposed rate increase of 12- percent. Surface water fees for commercial development are treated differently than residential development; therefore, this fee structure was also investigated for comparative purposes. Surface water fees for commercial development are typically calculated based on the amount of impervious surface on the site. Therefore, in order to compare commercial surface water fees, six different sites in the City of Federal Way were selected and evaluated under each jurisdictions fee structure. Each site selected represents a different scenario in terms of the amount of impervious on the site. The resulting fees were calculated and the jurisdictions ranked in order from highest relative fees to lowest, Table 4. 67 Table 4 — Commercial surface water fee comparison (pre- utility tax). Federal Way was found to have the lowest commercial surface water fees among the jurisdictions sampled, which is also the case when the proposed 7.5, 10 and 12- percent rate increases are applied (highlighted in orange). Commercial surface water fees account for approximately 52- percent of revenue. SWM Infrastructure Comparison Each year, the surface water utility continues to expand its infrastructure holdings through the completion of capital projects, dedications from private development and the identification of previously unknown facilities found through our mapping and infrastructure assessment programs. Presented in Table 5 is the amount of surface water related infrastructure that SWM was responsible for in 1990 vs 2014. In nearly all categories, there has been a significant increase in amount of infrastructure that the utility is responsible for and this trend is expected to continue. SWM Infrastructure Annual Commercial Fees Average Commercial Jurisdiction 1- SeaTac Mall 2- Chase Bank 3- Fred Meyer 4- Group Health 5- Weyerhaeuser 6 - TwinLakesCC Rate Rank (0 -100)• Seattle Kent Renton Normandy Park Auburn King County DesMoines Burien Tukwila SeaTac Federal Way 12% Federal Way 100 Federal Way 7.5% Federal Way $126,076.01 $122,975.35 $44,417.90 $85,199.99 $79,362.97 $83,338.36 $68,135.29 $67,734.99 $34,123.77 $42,557.84 $41,243.08 $40,506.59 $39,585.99 $36,824.17 $2,835.02 $1,942.14 $915.97 $1,537.81 $1,432.45 $1,778.10 $1,229.80 $1,413.95 $645.88 $864.14 $838.43 $823.46 $804.74 $748.60 $39,041.96 $33,936.34 $16,923.63 $26,871.18 $25,030.25 $24,000.13 $21,489.16 $19,264.82 $11,933.33 $12,586.41 $12,288.66 $12,069.22 $11,794.92 $10,972.02 $33,759.22 $16,180.18 $10,122.97 $14,946.42 $13,922.45 $12,157.31 $11,952.80 $9,903.02 $6,915.33 $5,635.46 $5,507.29 $S,408.94 $5,286.01 $4,917.22 $34,136.6S $9,370.07 $14,867.65 $10,386.95 $9,675.35 $8,147.72 $8,306.55 $6,748.51 $5,541.47 $3,996.20 $3,951.02 $3,880.47 $3,792.27 $3,527.70 $132,185.05 $14,602.71'63.79 $89,032.39 $16,187.46 $15,078.46 $171.5035.03 $12,945.2733.53 $16,171.29 $33,184.13 $7,029.87; $88.5117.27 $86.93 $84.96 $79.03 4T 0 37.64 41.93 39.OS 150 Stream Monitoring Locations 32.77 2 4.96 9.64 16.97 16.58 15.42 Class Ivery Heavy Heavy I M. Heavy Moderate Light IV. Light Table 4 — Commercial surface water fee comparison (pre- utility tax). Federal Way was found to have the lowest commercial surface water fees among the jurisdictions sampled, which is also the case when the proposed 7.5, 10 and 12- percent rate increases are applied (highlighted in orange). Commercial surface water fees account for approximately 52- percent of revenue. SWM Infrastructure Comparison Each year, the surface water utility continues to expand its infrastructure holdings through the completion of capital projects, dedications from private development and the identification of previously unknown facilities found through our mapping and infrastructure assessment programs. Presented in Table 5 is the amount of surface water related infrastructure that SWM was responsible for in 1990 vs 2014. In nearly all categories, there has been a significant increase in amount of infrastructure that the utility is responsible for and this trend is expected to continue. SWM Infrastructure 1990 2014 Commercial Inspections 330 793 Residential Ponds 85 148 Pipe /ditch (miles) 227 317 Catchbasins 5,400 12,100 Regional Facilities 12 14 Water Quality Facilities in ROW 0 117 Flow Control Vaults in ROW 0 150 Stream Monitoring Locations 2 6 Table 5: SWM Infrastructure MEZ To assess how the City of Federal Way compares to other jurisdictions in the South Sound with respect to surface water infrastructure and fees collected to maintain it, infrastructure data was gathered from the same South Sound jurisdictions that participated in the SWM fee comparison. Presented in Table 6, are the various types of stormwater related infrastructure surveyed and the amount of each type per square mile of each jurisdiction. A weighting factor was assigned to each type of infrastructure and the resulting sum of all the weighted infrastructure per square mile was used as an indicator of infrastructure density. The amount of surface water revenue that each jurisdiction collects on an annual basis was then divided by the associated infrastructure density, the result of which can be used to provide a meaningful comparison of how much money each jurisdiction is collecting for an equivalent unit of stormwater infrastructure. Table 6: Surface Water Infrastructure Comparison Of those cities surveyed, the City of Kent collects the most revenue in support of their infrastructure ($94.20 per unit), while the City of Federal Way collects the least ($28.20 per unit). All jurisdictions listed are subject to the requirements of the NPDES Phase I or II permit. Future Considerations While maintaining current levels of service with respect to Surface Water Management will provide our citizens with safe, reliable and functional infrastructure for the immediate future, there are several future considerations that will ultimately need to be addressed by the utility and which may include significant costs to the utility beyond what is planned for by maintaining current service levels. Considerations include: incorporation of the potential annexation area (PAA); the next NPDES Phase II permit; private infrastructure that conveys both public and private stormwater and aging public infrastructure; a brief discussion on each is provided below: 69 Per Square Mile SWM Fee Revenue per Infrastructure Pollution Cities Storm Storm Tanks& SWM Fee Roads Ditches Pipe Control Outfalls Maintenance Structures Ponds Devices Vaults Revenue Density (0 -100) Kent 9.27 1.78 9.44 534.05 7.84 5.26 1.73 8.77 $467,973.09 94.2 Tukwila 10.65 1.27 9.45 602.61 0.52 0.52 1.15 8.14 $401,878.9185.6 King County 0.80 0.61 0.14 9.85 0.41 0.26 0.22_ $10,294.12 70.5 Renton 18.98 0.92 10.92 659.22 4.08- 3.78 10.20 $352,591.33 64.6 SeaTac 7.80 1.60 7.60 408.70 0.70 7.90 2.60 3.70 $202,000.0052.6 Burien 21.16 2.80 13.32 885.98 2.56 5.39 5.93 3.91 $336,927.22 95.1 Normandy Park 5.15 1.35 4.37 229.49 1.95_ 1.35 7.04 $83,832.34 41.4 DesMoines 14.00 2.31 16.00 889.69 3.23 34.31 9.38 39.69 $384,615.38 39.3 Auburn 8.19 1.20 8.80 470.86 5.62 7.16 1.54 1.71 $150,552.02 33.9 Federal Way 1 10.84 3.96 10.16 543.10 6.59 5.21 6.68 8.90 $151,380.23 28.2 Table 6: Surface Water Infrastructure Comparison Of those cities surveyed, the City of Kent collects the most revenue in support of their infrastructure ($94.20 per unit), while the City of Federal Way collects the least ($28.20 per unit). All jurisdictions listed are subject to the requirements of the NPDES Phase I or II permit. Future Considerations While maintaining current levels of service with respect to Surface Water Management will provide our citizens with safe, reliable and functional infrastructure for the immediate future, there are several future considerations that will ultimately need to be addressed by the utility and which may include significant costs to the utility beyond what is planned for by maintaining current service levels. Considerations include: incorporation of the potential annexation area (PAA); the next NPDES Phase II permit; private infrastructure that conveys both public and private stormwater and aging public infrastructure; a brief discussion on each is provided below: 69 Potential Annexation Areas - In 2003, in anticipation of incorporating the remaining PAA's, SWM estimated that it would become responsible for approximately 2000 additional catch basin/manhole structures, 31 miles of open ditch, 42 miles of conveyance pipe, 9 regional facilities, 67 residential facilities and inspecting 29 additional commercial facilities. While it is not known when the potential annexation areas will be incorporated, it is clear that there will be significant operations and maintenance costs to the utility, which are not likely to be offset by the additional SWM fees collected from these mostly rural areas. Additionally, capital improvement projects totaling $4.6 million were also identified within the PAA. Future NPDES Permit Requirements - Stormwater runoff has and remains a growing concern with respect to its impact on our surface waters and ultimately the Puget Sound. The expectation with respect to the NPDES Phase I and H permit requirements is that these permits will continue to become increasingly more onerous, requiring that jurisdictions subject to their requirements continue to expand their surface water related programs in order to remain in compliance. Although it is difficult to predict future costs associated with the NPDES permits, it is clear that increased costs should be anticipated in the future. Public vs Private infrastructure - The vast majority of stormwater conveyance infrastructure within the city is over 40 -years old, this includes private infrastructure which may convey runoff from both private and public property. As these private conveyance systems reach their useful life and begin to fail, the question of what shared responsibility the City may have, if any, will be asked. Although City policy is not to accept private systems unless there is a strong public interest in doing so and the system meets or is brought up to current City standards, a change in this position could commit that utility to an extremely large future financial obligation. This issue is expected to rise closer to the surface as private infrastructure ages and becomes in need of significant repairs. Conditional Assessment - The utility is currently implementing an asset inspection and conditional assessment program in an effort to be more proactive with respect to the repair and replacement of aging and functionally degraded infrastructure. At present, less than 1151h of our conveyance system has been assessed and already multiple CIP restoration/replacement projects have been identified. As inspections continue, the costs associated with system repairs and replacements necessary to ensure the safety of the public and protect public and private property will become clearer; however, it is clear that these costs are potentially a very high. Recommendation The Surface Water Utility requires a rate increase in order to continue providing its current level of service, implement the adopted CIP program and meet current and future NPDES Phase II Permit requirements. To ensure that surface water infrastructure is maintained and replaced in a proactive and efficient manner, that the highest level of water quality is provided in our ROW, that our citizens have ample opportunities to engage in stormwater and conservation related activities, the utility is recommending a minimum rate increase of 12- percent in 2015 along with an annual automatic rate increase equivalent to the selected CPI thereafter. 70 Attachment 1 Surface Water Management Capital Improvement Program 71 72 v O ui ui m C E m a .v. 7 to 0 V1 O 10 V1 CD W O m 10 w n 1 o m m m n .-i co O V} VT U1 Vl N VT N VF y} V} O N V? .V} ti VT N VF N VT tC y� O N O N � In VT VT V} th UT V} V} V} N V? W VT to ry N N N m M O N ul N N o O OVT V} 5/} N VT V} 1n VT V} V} VT tR ✓} to ry ^ H w N N O r N N M Ifl 00 Q W n On _ O N m W 1D F N N Z Vf V? Vf v} VT an V} VT V} an VT VT V? Vf l7 Z n ^ oo W N W O O N Z N N � W V? 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U c E a u u o E K v (= m > m 3 • J N E N O _m y K O .J m C L m a v c u c w u c w v �' c> o y a 01 ¢ 0 m ` a 3 N c Y c m C v a �-, `w > o 'w a H = o, d >� >�w�c vm> w= o u .o c a o c a o v o o U > J 3o v F- °' > w~ d U Omt u OMl W ° u L L 00 N a 0 N a C o C H N ✓� N K L L c L L a y O v O tnrl m= O M> m m a d v T T T LL m m 5 5 5 v m v v a 'o S S S m o o Q H a a 3 v a a m � z V°i v°I ao' V, V°1 Q w ° a m w 3 IS 16 C N N M Q u1 to n 00 m 72 v O ui ui m C E m a .v. 7 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, amending the rate structure for storm and surface water utility by 12% and adding an annual CPI adjusted rate increase thereafter. (Amending Ordinance Nos. 90 -32, 91 -117, 96 -277, and 02 -433 ) WHEREAS, RCW 35.67 authorizes the City to establish a Storm Water Utility, and WHEREAS, the City of Federal Way established a Storm and Surface Water Utility by Ordinance 90 -32; and WHEREAS; the Federal Way City Council amended the rate structure of the Storm and Surface Water Utility by Ordinance No. 91 -117 to adequately support the necessary maintenance, operations, and capital improvement of the surface and storm water management system; and WHEREAS; the Federal Way City Council amended the rate structure ofthe Storm and Surface Water Utility by Ordinance No. 96 -277 to include a utility tax by Ordinance No. 95 -257 to fund a transportation bond levied on all provisions of utility services within the City except for water and sewer; and WHEREAS; the Federal Way City Council amended the rate structure of the Storm and Surface Water Utility by Ordinance No. 02-433 to adequately support the necessary maintenance, operation, and capital improvements of the surface and storm water management system; and WHEREAS; in response to the need to continue complying with Federal Clean Water Act requirements the National Pollutant Discharge Elimination System (NPDES) Phase H Permit and State mandated utility locate requirements; and WHEREAS, the City Storm Water Utility conducted an evaluation of the rate structure in 2014 and determined the current rate structure does not adequately support the necessary maintenance, operation, and capital improvements of the surface and storm water management system; and Ordinance No. 14- 73 Page 1 of 6 Rev 1 /10 LU WHEREAS, the Federal Way City Council finds it is in the best interest of the citizens to increase the utility rates by 12% effective January 1, 2015 and include a CPI adjusted rate increase each year thereafter, to fully and adequately support the City's Storm Water Utility needs; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 11.45.030 of Federal Way Revised Code is hereby amended to read as follows: 11.45.030 Service Area Annual Service Charge. There is hereby imposed upon all developed properties in the service area an annual service charges for 2015 as follows: Rev 1/10 LU 74 Rate /Parcel (P) or Acre Utility Tax Class Percentage (A)/Year (7.75916) $ 7 Residential (R)* NA $88.51 (P) $6.86(P ``_ Very light (VL) 0-10% 1'' P 8'8.5V5-- 6.86 P i "() :910v $17-8.98 (A4 $13.97 ' (A) Light (L) ** 10-20% $200.46 (A) $15.54 A) 2Y oder-ate{A4"T 20 45% $366.41 � 5 p _( $28 Moderate (M) ** heaNcy 20-45% 45 4; $410.38 (A) $786.96+A4 $31.80 A $c (4414)** Moderately heavy (MH) ** 45-65% $791.80 (A) $61.36 (A) Reawy (14)**** 65559; $891. -19 (Ai $69.07 (A) Heavy (H) ** 65-85% $998.13 (A) $77.36 A ** g3--1 010 $90.37 (A) Very heavy (VH) ** 85-100% $1,305.99 (A) $101.21 (A) Ordinance No. 14- Page 2 of 6 Rev 1/10 LU 74 City or county roads NA NA NA State highways NA * ** NA * Parcel is owned by and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption under RCW 84.36.381, the parcel shall be exempt from the service charge. ** The minimum service charge for 2015 shall be $85.13,lpar-eel $95.37/parcel/ye ar (utility tax included). The ma4 service charge for 2015 for mobile home parks shall be $34.49 $38.53 (utility tax included) times per the number of mobile home spaces. * ** The rate charged to the State Department of Transportation will be determined in accordance with RCW 90.03.525. Beginning in 2016 and each year thereafter, the annual service charge shall increase by the June CPI of the preceding_ year. Section 2. Section 11.45.070 of Federal Way Revised Code is hereby amended to read as follows: 11.45.070 Request for Rate Adjustments — Conditions for Approval. Requests for rate adjustment may be granted or approved by the public works director only when one of the following conditions exists: (1) The parcel is owned and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption authorized under RCW 84.36.381; parcels qualifying hereunder shall be exempt from all charges imposed in FWRC 11.45.0 10 through 11.45.050; (2) The acreage of the parcel charged is in error; (3) The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the public works director; Ordinance No. 14- 75 Page 3 of 6 Rev 1/10 LU (4) The parcel is nonresidential and the parcel meets the definition of open space in FWRC 11.05.010. Property qualifying under this division will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage; (5) The parcel is served by one or more retention/detention facilities required pursuant to the provisions of FWRC Title 16, or can be demonstrated by the property owner to provide detention/retention of stormwater to the standards set forth in FWRC Title 16 and maintained at the expenses of the parcel owner to the standards required by the city; nonresidential parcels except in the light rate category qualifying under this division shall be charged at the rate of one lower rate category than it is classified by its percentage of impervious surface coverage. Nonresidential parcels in the light category qualifying under this division shall be charged EA the rate of $70.3 4 40- percent of the current light category rate, per acre per year (plus utility tax). Residential parcels and parcels in the very light category qualifying under this division shall be charged $39.51 50 percent of the current per parcel per year rate (plus utility tax); (6) A parcel contains a stream, creek, lake, pond or wetland that has been identified in an adopted drainage basin plan as an important stormwater control facility; provided, that the parcel owner provides annual maintenance to the standard required by the city. Parcels qualifying hereunder shall be granted a discount in the manner set forth in subsection (5) of this section. However, parcels qualifying under subsections (5) and (6) of this section shall receive only one rate class discount,. whichever is the greater; (7) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area. Property qualifying hereunder shall be exempt from the rates and charges of the ordinance; (8) A parcel is divided by the boundary of the service area and the impervious surfaces of the parcel are outside of the service area; parcels qualifying hereunder shall be charges as otherwise provided herein on the basis of the lands and impervious surfaces which drain into the service area; (9) The rate or service charge is otherwise erroneous in applying the terms of this division; (10) A parcel is served by a stormwater treatment facility which holds a current national pollutant discharge elimination system (NPDES) permit under the authority of the Clean Water Act of 1982, Section 402, specifically for the treatment of stormwater from the parcel and such system discharges directly into Puget Sound, without in any way utilizing any other stormwater conveyance or storage facilities. Parcels Ordinance No. 14- 76 Page 4 of 6 Rev 1 /10 LU qualifying hereunder will be charged only for the area of impervious surface not served by the stormwater treatment facility and at the rate based upon the unserved portion of the parcel; (11) A parcel is owned or leased by a public school district which provides activities which directly benefit the surface water management utility. The activities may include curriculum specific to the issues and problems of surface water management, and student activities in the community to expose students to the efforts required to restore, monitor or enhance the surface water management system. The amount of the rate adjustment shall be determined by the public works director based upon the cost of the activities to the school district but not to exceed the value of the activity to the surface water management utility. The rate adjustment for the school district activity may be applied to any parcel in the service area which is owned or operated by the school district. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ordinance No. 14- 77 Page S of 6 Rev 1/10 LU PASSED by the City Council of the City of Federal Way this day of , 20 CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: k: \lutc\2014 \08 -04 -14 swm rate increase ordinance.doc Ordinance No. 14- 78 Page 6 of 6 Rev 1/10 LU SUBJECT: DEMOLITION OF STRUCTURE LOCATED AT 28866 PACIFIC Hwy SOUTH POLICY QUESTION: Should Council authorize staff to award the demolition contract for the demolition and removal of the structures located at 28866 Pacific Hwy South to Russ Lloyd Clearing & Demolition, the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Will Appleton, P.E., Interim Deputy Public Works Direct DEPT: Public Works ................._.............................._........................_.............._ ............................. ........................................................................_.................................................................... ...... _ ................... I._ ........... _............ Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014, Bid tabulation. Options Considered: 1. Award the demolition contract for the demolition and removal of the structures located at 28866 Pacific Hwy South, in the amount of $42,516.22 to Russ Lloyd Clearing & Demolition, the lowest responsive, responsible bidder and approve a 10% contingency of $4,251.00, and authorize the Mayor to execute the contract. 2. Do not authorize Staff to award the contract and provide direction. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the August 12, 2014 City Council Consent Agenda for approyal. n MAYOR APPROVAL: CHIEF OF STAFF: Comnuttee Council DIRECTOR APPROV COMMITTEE RECOMMENDATION: I move to forward option 1 to the August 12, 2014 City Council Consent Agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: " 1 move to award the demolition contract for the demolition and removal of the structures located at 28866 Pacific Hwy South, in the amount of $42,51622 to Russ Lloyd Clearing & Demolition, the lowest responsive, responsible bidder and approve a 10% contingency of $4,251.00, and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/20 10 79 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 4, 2014 TO: Land Use and Transportation Committee VIA: Jim Farrell, Mayor FROM: Marwan Salloum, P.E., Director of Public Works William Appleton, P.E. Interim Director of Public Works �_- SUBJECT: Demolition of Structure at 28866 Pacific Hwy South BACKGROUND: Two bids were . received and opened on July 25, 2014 for the Demolition of the City owned structure at 28866 Pacific Hwy South Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Russ Lloyd Clearing & Demolition, with a total bid of $42,516.22. AVAILABLE FUNDING: The available budget for the subject Project is $50,000. ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: DESCRIPTION AMOUNT Asbestos Abatement $ 8,757.60 Removal of Structures $ 24,320.00 Removal of Asphalt Concrete $ 1,500.00 Removal of Concrete floors and foundation $ 2,250.00 Decommission Side Sewer $ 2,000.00 Sales Tax (9.5 %) $ 3,688.62 ESTIMATED TOTAL PROGRAM COST: $ 42,516.22 Reference checks on Russ Lloyd Clearing and Demolition indicate that the contractor has performed similar work. As a result, Staff believes Russ Lloyd Clearing and Demolition to be capable of successfully completing the subject project to the satisfaction of the City. Therefore, the lowest responsive, responsible bidder is Russ Lloyd Clearing and Demolition in the amount of $42,516.22 (Sales Tax Included). Staff recommends that a contingency of 10- percent ($4,251.00) also be authorized. 80 81 m o � m c L N O L r ~ � « r E w u a c_ a a v t C 'C � G1 y � m O C W J n a C C C t � a D- a m 'c co m otf c v o L m C ~ Y R t E Y a C « v E e O p c a 'p ° 1 a m 'c m y m l7 � V L � O C m C O_ i0 i ~O N N M V u O O v Q � — C v m rn N l o m a w tl1 m 00 m d � A vI 00 N o N M N LII H ap in vt• .n ut v* v>• .n a M W D N V V M L N C W L L u iO O a0 .-i L 10 C M w C m O tD an O O N O O O Vf O O O O In O O O O O N tO W W 'C N N l0 N U 10 00 CY N N N M N m 0o a O tD O 0 O 0 O 0 O 0 N �O O bD C Ip a u 'i. I� VI O N O u1 O O O O W o0 u d n M N V1 O l0 C ^I H J G 10 O H cc 0 0 N 3 z m W C CL u n j p F C O L O Z = v C a L O 3 C 0 w Z o c p s ° a cc V a p_ ra v w E ° 2 a w s c a W ~ — Q a L O � L x O N O > O O N ~ E E E v E a 81 This page left blank intentionally. IA SUBJECT: INSTALLATION OF FLAGPOLE ON S 320TH STREET POLICY QUESTION: Should Council authorize the purchase and installation of a memorial flag pole within the median on S 320`1' Street between SR 99 and 23`d Avenue S, installation of flag pole brackets on street luminaire poles between 11`h Place S and 23`d Avenue S and authorize the Mayor to sign any contract associated with that work? COMMITTEE: Land Use and Transportation Committee MEETING DATE: August 4, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: MARWAN SALLOUM, PUBLIC WORKS DIRECTORNkP7 DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated August 4, 2014, Installation of Memorial Flagpole on S 320`h Street. Options Considered: 1. Authorize staff to purchase and contract installation of a 60 foot high memorial flwole and associated equipment and lighting within the median on S 3201h Street between SR 99 and 20 Avenue S, also installation of flag pole brackets on street luminaire poles between 11`h Place S and 23rd Avenue S and authorize the Mayor to sign any contract associated with that work. 2. Do not authorize staff to purchase and contract installation of a memorial flagpole and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Augla�t 12, 2014 City Council Consent Agenda for approval, /7 MAYOR APPROVAL: CHIEF OF STAFF: Comnuttee Council 01 DIRECTOR APPROVAL: /4/ COMMITTEE RECOMMENDATION: I move to forward Option I August 12, 2014 City Council Consent Agenda for approval. Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member PROPOSED COUNCIL MOTION: I move to authorize staff to purchase and contract installation of a 60 foot high memorial flagpole and associated equipment and lighting within the median on S 320`h Street between SR 99 and 2e Avenue S, also installation of flag pole brackets on street luminaire poles between I I`h Place S and 23r`t Avenue S and authorife the Mayor to sign any contract associated with that work. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 83 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 4, 2014 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, Public Works Director SUBJECT: Installation of Memorial Flagpole on S 320'6 Street BACKGROUND: The Mayor has requested that a Memorial flagpole be installed within the median island on S 320`h Street between SR 99 and 20`h Avenue S along with 1 -inch flag pole brackets on the cobra street lighting poles between 11 `h Place S and 23`d Avenue S. The purpose of the installation is to provide for a memorial to those who have served the City of Federal Way, the State and our Country, giving their lives to protect our freedoms. The Flagpole on S 3201h Street will be flown permanently and have lighting installed to illuminate it during hours of darkness. Flag pole brackets will also be installed on the street lighting poles (40' cobra head style aluminum poles), where flags can be displayed on Memorial Day and other National days of recognition. Approval will allow for the payment for all costs associated with the purchase and installation of the 60- foot flagpole and associated equipment and lighting system, as well as street light brackets, 1" poles and flags to be installed on the street lights, and authorizing the Mayor to sign any contracts associated with this work. ESTIMATED COST FOR S 320`h STRET FLAG POLE 60 Foot Flag Pole and Accessories $8,800 Installation within traffic island including traffic control $5,500 Lighting System, including crossing of S 3201h Street $15,000 Mounting Brackets and Flags for street lights $2,700 (Total - 24 a@ $100 plus tax) Re- landscaping of island $3,000 Total Estimated Cost $35,000 cc: Day File 84