ORD 14-771ORDINANCE NO. 14 -771
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 -771 Page I of 11
Rev 1/10 LU
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 -771 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.
Ordinance No. 14 -771 Page 3 of 11
Rev 1 /10 LU
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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 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 hazard 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 hazard areas" are those areas potentially subject to episodic downslope
movement of a mass of soil or rock including, but not limited to, the following areas:
(a) Any area with a combination of-
(i) Slopes greater than 15 percent;
(ii) Permeable sediment, predominately sand and gravel, overlying relatively
impermeable sediment or bedrock, typically silt and clay; and
(iii) Springs or groundwater seepage.
(b) Any area which has shown movement during the Holocene epoch, from 10,000 years
ago to the present, or which is underlain by mass wastage debris of that epoch.
(c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion
or undercutting by wave action.
(d) Any area located in a ravine or on an active alluvial fan, presently or potentially
subject to inundation by debris flows or flooding.
(e) Those areas identified by the United States Department of Agriculture Soil
Conservation Service as having a severe limitation for building site development.
(f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS
(unstable recent slides) by the Department of Ecology.
(g) Slopes having gradients greater than 80 percent subject to rockfall during seismic
shaking.
Ordinance No. 14 -771 Page 6 of 11
Rev 1/10 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 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 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 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 IF' 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
Ordinance No. 14 -771 Page 7 of 11
Rev 1 /IGLU
afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent
that it would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential
structure occupied by other related or unrelated individuals. See FWRC 19.105.050 and FWRC Title
19, Division VI, Zoning Regulations.
"Group homes type IX means privately or publicly operated residential facilities for adults
under the iurisdiction of the criminal 'justice system who have entered a pre -or post - charging
diversion program, or been selected to participate in state - operated work/training release or
other similar programs as provided in Chapters 137 -56 and 137 -57 WAC. Such groups also
include individuals who have housing fef adults that hewe 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 -merged as a sexual or assaultive violent predator. This category also
includes "significant impact businesses" as defined in FWRC 12.60.020.This category ineludes
hetising for individuals under- the jtifisdietion of the er-iminal Justiee sys4efn, individuals who have
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.
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 n ed a ra °r pf^e°ss r to b-e shall be treated as a gr-eup hafne type 11 and
not a group home type III. The I number- Vr TGSid GT*s peFmiC[ Q inU g up home will be
.auto ed on a ease by ease basis t gh the pl: ablo review pr-eeess.
Section 6. FWRC 19.205.060 is hereby repealed.
Ordinance No. 14 -771 Page 8 of I I
Rev 1/10 LU
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Section 8. 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 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`h day of August, 2014.
CITY OF FEDERAL WAY
ATTEST:
SiFkHANIE COURTNEY, DEPUTY TY CLERK
APPROVED AS TO FORM:
jmql4" ;,/
INTERIMCUTY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 08 -05 -2014
PASSED BY THE CITY COUNCIL: 08 -12 -2014
PUBLISHED: 08 -15 -2014
EFFECTIVE DATE: 08 -21 -2014
ORDINANCE NO.: 14 -771
Ordinance No. 14 -771 Page I I of]]
Rev I /10 LU