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ORD 22-929 - Licensing for PSH and Emergency HousingORDINANCE NO.22-929 AN ORDINANCE of the City of Federal Way, Washington, relating to licensing of permanent supportive housing and transitional housing, and emergency housing and shelter; amending FWRC 19.195.015, 19.200.045, 19.205.080, 19.215.070, 19.220.100, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, and 19.240.095; and adding a new Chapter 12.35 including sections 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, and 12.35.080. (Amending Ordinance Nos. 94-233, 96-270, 97-291, 99-333, 01-385, 02-423, 07-559, 09-605, and 21-921.) WHEREAS, on May 12, 2021, the Washington State legislature enacted ESSHB 1220 ("HB 1220"), which after partial veto by Governor Jay Inslee became Chapter 254, Laws of 2021; and WHEREAS, HB 1220 took effect on July 25, 2021; and WHEREAS, the City Council ("Council") of the City of Federal Way ("City") adopted Ordinance 21-921 in order to conform with state law, the City Comprehensive Plan, and to protect public health and safety; and WHEREAS, HB 1220 expressly permits code cities to impose reasonable occupancy, spacing, and/or intensity of use requirements on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety; and WHEREAS, any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each code city's projected need for such housing and shelter; and Ordinance No. 22-929 Page I of 98 WHEREAS, reasonable intensity, spacing, and occupancy requirements on permanent supportive housing, transitional housing, emergency housing, and emergency shelter are necessary to protect public health and welfare; and WHEREAS, Ordinance 21-921 included operational requirements on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters in its land use regulations under Title 19, Federal Way Revised Code ("FWRC"); and WHEREAS, the creation of a City -issued licensing program to implement the operational requirements contained in Title 19, FWRC, is a reasonable occupancy and/or intensity of use regulation designed to protect public health and safety; and WHEREAS, the creation of a City -issued licensing program does not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelter necessary to accommodate the City's projected need for such housing and shelter; and WHEREAS, an Addendum to the Environmental Determination of Nonsignificance ("DNS") (File 21-102563-SE) was properly issued for these code amendments on October 19, 2021; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on December 6, 2021, and recommended adoption of the code amendments; and WHEREAS, the City Council held a public hearing on these code amendments on January 4, 2021; and WHEREAS, the City recognizes the need to periodically modify Titles 12 and 19 of the Federal Way Revised Code ("FWRC"), "Businesses" and "Zoning and Development Code", Ordinance No. 22-929 Page 2 of '98 respectively, in order to conform to state and federal law, codify administrative practices, clarify and update regulations as deemed necessary, and improve the efficiency of the regulations and the license review process; and WHEREAS, this ordinance, containing amendments to development regulations and creating a licensing provision, 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 the new and amended development regulations for FWRC Titles 12 and 19 requiring licensing for permanent supportive housing, transitional housing, emergency housing, and emergency shelter within the City of Federal Way to conform with state law, the City Comprehensive Plan, and public health and safety. 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) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 22-929 Page 3 of 98 (d) These code amendments are consistent with the intent and purpose of Titles 12 and 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) The adoption of these code amendments has followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to 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: LUP 9 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning mixed -use, commercial and office areas; and distinctive neighborhood retail areas. LUP 10 Support the continuation of a strong residential community. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP 13 Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City's land use regulations. HG1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. Ordinance No. 22-929 Page 4 of 98 HP2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. HP12: The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HGS: Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and the needs of the community. HP21: Promote fair housing access to all persons without discrimination. HG7: Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP39: Periodically review the FWRC and remove any regulatory barriers to locating special needs housing and emergency and transitional housing within the City as required by the federal Fair Housing Act, to avoid over -concentration, and to ensure uniform distribution throughout all residential and mixed -use zones. HP40: Review permit applications for special needs housing in close coordination with service providers and the City's Community Services Division. HP41: Assist special needs housing developers, local service organizations, and self- help groups to obtain funding and support. HP42: Ensure that access to special needs housing is provided without discrimination. Ordinance No. 22-929 Page 5 of 98 HG8: Develop emergency shelter and transitional housing facilities for the homeless. HP43: Coordinate City actions related to homelessness with the City's Community Services Division and non-profit housing and human services providers. HP44: Emergency shelters should be permitted and regulated to ensure there are adequate opportunities to locate them within the City, to avoid overconcentration of facilities, to ensure that such facilities and housing are properly managed, and to avoid or mitigate significant impacts on existing residential neighborhoods or other surrounding uses, (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide for a diverse number of supportive housing and shelter types to address temporary and chronic homelessness, including supportive services designed to improve health and housing outcomes, while imposing reasonable occupancy, spacing, and intensity of use requirements, including licensing requirements, on such uses to protect public health and safety. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they provide for a diverse number of supportive housing and shelter types to address temporary and chronic homelessness, including supportive services designed to improve health and housing outcomes, while imposing reasonable occupancy, spacing, and intensity of use requirements, including licensing requirements, on such uses to protect public health and safety. Section 3. Chapter 19.195.015 of the Federal Way Revised Code is hereby amended to read as follows: Ordinance No. 22-929 Page 6 of 98 The following uses shall be permitted in the Suburban Estate zone (SE) zone subject to the regulations and notes set forth in this section: 'USE ZONE CHART 'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards SE Required !Required ZONE Review Lot Lot Height of ]Parking USE REGULATIONS Process ;Size IFronti(eac (each) Rea Coverage Structure '.Spaces ;SPECIAL REGULATIONS AND NOTES Permanent Process 5 30 20 20 10% 30 ft. See 1. Any proposed permanent supportive housing III acres ft. ft. ft. above Notes 9 supportive housing or transitional and transitional average and 10 housing facility with more than 2 housing building units, or which brings the total elevation number of permanent supportive housing or transitional housing units on the property to more than 3 units, must be distanced at least 11/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 10 residences located within a single structure per lot. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will Ordinance No. 22-929 Page 7 of 98 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ .. THEN, across for REGULATIONS (Minimums Maximums (Required Yards SE Required Required ZONE Review Lot Lot Height of Parking USE REGULATIONS Process :Size (Front Side (each) Rea Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees. 10. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 11. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services -for people experiencing homelessness. Ordinance No. 22-929 Page 8 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards SE Required Required ZONE (Review Lot Lot (Height of Parking USE REGULATIONS (Process 'Size Front Side (each) Rear Coverage' Structure Spaces SPECIAL REGULATIONS AND NOTES Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on Ordinance No. 22-929 Page 9 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums IMaximums Required Yards SE Required (Required ZONE Review Lot Lot (Height of (Parking Process 'Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full Ordinance No. 22-929 Page 10 of 98 iUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use. _ THEN, across for REGULATIONS Minimums Maximums (Required Yards SE (Required Required ZONE (Review Lot Lot Height of Parking USE REGULATIONS (Process Size Front'Side (each) Rear Coverage Structure Spaces :SPECIAL REGULATIONS AND NOTES name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 12. All facilities are required to be licensed pursuant to the previsions of FWRC 12.35. For other information about parking Process I, II, III and IV are described in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 4. Chapter 19.200.045 of the Federal Way Revised Code is hereby amended to read as follows: 19.200.045 Permanent supportive housing and transitional housing. Ordinance No. 22-929 Page 11 of '98 The following uses shall be permitted in the Single -Family Residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . _ THEN, across for REGULATIONS (Minimums (Maximums (Required Yards RS Required (Required ZONE Review (Lot Lot (Height of (Parking Process :Size (Front Side Rear Coverage Structure 'Spaces USE REGULATIONS (each) :SPECIAL REGULATIONS AND NOTES Permanent Process See 20 10 ft. 20 See 30 ft. See 1. Minimum lot size is as supportive housing III Note ft. ft. Note 9 above Notes follows: and transitional 1. average 11 and a. In RS 35.0 zones, the housing building 12 minimum lot size is 35,000 sq. elevation ft. b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. Any proposed permanent supportive housing or transitional housing facility with more than 2 units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than 3 units, must be distanced at least 11/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 3. There shall be no more than 6 residences located within a single structure per lot. 4. The property is situated proximate to, and has convenient access to, public Ordinance No. 22-929 Page 12 of '98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS (Minimums (Maximums (Required Yards RS Required Required ZONE Review (Lot (Lot Height of Parking USE REGULATIONS Process Size Front (each) (each) Rear '`overage Structure Spaces :SPECIAL REGULATIONS AND NOTES transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Maximum lot coverage is as foI lows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. Oi-dinance No. 22-929 Page 13 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums IMaximums Required Yards RS Required Required ZONE Review ILot Lot Height of Parking USE REGULATIONS Process :Size Front(each) (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES d. In RS 7.2 = 60%. e. In RS 5.0 = 60%. f. See FWRC 19.110.020(2) for calculation of lot coverage for flag lots. 10. The subject property must contain at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10 percent of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open Ordinance No. 22-929 Page 14 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS IMinimums IMaximums I Required Yards RS Required Required ZONE Review Lot Lot Height of Parking USE REGULATIONS Process 'Size Front Side (each) IRear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES space must be in one or more pieces each having a length and width of at least 40 ft 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be Ordinance No. 22-929 Page 15 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards RS (Required Required ZONE (Review Lot Lot Height of Parking (Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES provided to residents. c. An operations plan must be provided that addresses the following elements: I. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; N. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe 01•dinance No. 22-929 Page 16 of'98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums Required Yards RS Required Required ZONE Review Lot Lot (Height of Parking Process Size Front 'Side Rear Coverage: Structure Spaces USE REGULATIONS i(each) SPECIAL REGULATIONS AND NOTES behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with Ordinance No. 22-929 Page 17 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards RS (Required (Required ZONE (Review Lot Lot Height of (Parking (Process 'Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of FW RC 12.35. Process I, Il, III and IV are described in For other information about Ordinance No. 22-929 Page 18 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums Required Yards RS Required Required ZONE Review Lot Height of Parking Process Size Front Side(Lot (Rea Coverage Structure Spaces SPECIAL REGULATIONS AND USE REGULATIONS (each) [each) NOTES ❑ ❑ Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 5. Chapter 19.205.080 of the Federal Way Revised Code is hereby amended to read as follows: 19.205.080 Permanent supportive housing and transitional housing. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS _ Minimums IMaximums RM Required Yards - Required Required ZONE - USE REGULATIONS Review Process Lot Size Front Side i(each) Rea rCoverageStructure Lot (Height of Parking 'Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ Permanent Process 7,200 20 5 ft. 5 60% In RM 3.6 See 1. Any proposed permanent supportive housing III sq. ft. ft. ft. and 2.4 Notes supportive housing or and transitional zones, 30 10 and transitional housing facility with housing See ft. above 11 more than 2 units, or which Note average brings the total number of 2 building permanent supportive housing elevation. or transitional housing units on In RM 1.8 the property to more than 3 Ordinance No. 22-929 Page 19 oJ'98 _ USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ iMinimums Maximums - RM (Required Yards - Required Required ZONE - (Review Lot Lot Height of Parking (Process :Size iFront'Side Rear Coverage Structure Spaces ;SPECIAL REGULATIONS AND USE REGULATIONS i(each) NOTES zones, 35 units, must be distanced at ft. above least 11/3 miles (7,040 ft.) from average any property with more than 3 building units of permanent supportive elevation housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex; and, the minimum amount of lot area per dwelling is as follows: a. In RM 3.6 zones, the subject property must contain at least 3,600 sq. ft. of lot area per dwelling. b. In RM 2.4 zones, the subject property must contain at least 2,400 sq. ft. of lot area per dwelling. c. In RM 1.8 zones, the subject property must contain at least 1,800 sq. ft. of lot area per dwelling. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who Ordinance No. 22-929 Page 20 of 98 'USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums - Required Yards RM (Required (Required ZONE - Review Lot Lot Height of (Parking ;Process Size iFront'Side Rear Coverage Structure 'Spaces :SPECIAL REGULATIONS AND USE REGULATIONS i(each) (NOTES will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. The subject property must contain at least 400 sq. ft. per dwelling unit of usable open space usable for many activities and may include common open Oi-dinance No. 22-929 Page 21 of 98 'USE ZONE CHART _ DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Maximums - RM Required Yards Required Required ZONE - Review Lot Lot Height of (Parking Process Size Front'Side Rear Coverage Structure :Spaces 'SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. At least 10 percent of this required open space must be developed and maintained with children's play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees Ordinance No. 22-929 Page 22 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums iMaximums Required Yards PM Required Required ZONE - Review (Lot Lot Height of Parking Process ;Size (Front Side Rear Coverage Structure :Spaces SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES ❑ ❑ One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: Ordinance No. 22-929 Page 23 of 98 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums iMaximums - RM Required Yards - Required Required ZONE - Review Lot Lot Height of Parking Process Size Front Side Rear 'Coverage Structure Spaces SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES 0 D i. Roles and responsibilities of key staff; if. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to Ordhwi?ce No. 22-929 Page 24 of 98 'USE ZONE CHART _ DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ IMinimums IMaximums - Required Yards RM - Required Required ZONE - Review Lot Lot Height of Parking Process 'Size Front��ide Rear Coverage Structure Spaces 'SPECIAL REGULATIONS AND USE REGULATION5 I;each) NOTES ❑ u human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency Ordinance No. 22-929 Page 25 of 98 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ IMinimums IMaximums - RM Required Yards - Required Required ZONE - USE REGULATIONS Review Process Lot 'Size Front Side i(each) Rear ILot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of FWRC 12.35. For other information about Process I, II, III and IV are described in parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Ordinance No. 22-929 Page 26 of 98 _ FUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums - RM (Required Yards - (Required Required ZONE - Review Lot Lot Height of Parking Process Size Front Side Rea Coverage: Structure Spaces 'SPECIAL REGULATIONS AND USE REGULATION (each) NOTES © ❑ For details regarding required yards, see FWRC 19.125.160 et seq. Section 6. Chapter 19.215.070 of the Federal Way Revised Code is hereby amended to read as follows: 19.215.070 Permanent supportive housing and transitional housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use., . THEN, across for REGULATIONS Minimums (Maximums Required Yards BN Required Height Required ZONE Review Lot Lot parking USE REGULATIONS Process Size Front Side (each) Rear Coverage 'of 'Structure Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ Permanent Process See 20 5 ft. 5 None See See 1. Any proposed permanent supportive housing III Note ft. ft. Note 8 Notes supportive housing or transitional and transitional 2 10 and housing facility with more than 2 housing 11 units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than 3 units, must be distanced at least 11/3 miles (7.040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 Ordinance No. 22-929 Page 27 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums (Maximums Required Yards BN Required Height Required ZONE Review Lot Side (Lot of 'Parking USE REGULATIONS Process Size Front (each) (Rear Coverage Structure Spaces 'SPECIAL REGULATIONS AND NOTES residences located within a single facility or complex; and, the subject property must contain at least 2,400 sq. ft. of lot area per dwelling or one acre for every 18 units. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. For sign requirements that apply to the project, see Chapter 19.140 FWRC. Ordinance No. 22-929 Page 28 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards BN (Required (Height Required ZONE (Review (Lot Lot parking USE REGULATIONS (Process ,Size Front Side (each) Rear Coverage of 'Structure Spaces SPECIAL REGULATIONS AND NOTES 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. If any portion of the structure is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 9. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit and may include common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or Ordinance No. 22-929 Page 29 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums Maximums (Required Yards BN Required Height Required ZONE Review Lot Lot Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES more — 2.0 per unit + 1 per 2 employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c.. An operations plan must be provided that addresses the following elements: I. Roles and responsibilities of key staff; ii. Site/facility management, including a Ordinance No. 22-929 Page 30 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards BN Required (Height Required ZONE Review Lot Lot parking Process Size Front Side 'RearCoveragecuf Spaces USE REGULATIONS (each) 'Structure 'SPECIAL REGULATIONS AND NOTES security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; Ordinance No. 22-929 Page 31 of 98 USE ZONE CHART 1DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums (Required Yards BN (Required Height (Required ZONE (Review (Lot Lot (Parking 'USE REGULATIONS (Process :Size (Front 'Side Qeach) Rear Coverage of Structure :Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has Ordinance No. 22-929 Page 32 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. _ THEN, across for REGULATIONS Minimums IMaximums Required Yards BN (Required Height Required ZONE (Review Lot Lot (Parking (Process 'Size Front Side RearCoverageof Spaces USE REGULATIONS i(each) Structure SPECIAL REGULATIONS AND NOTES an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuantto the ptovisions of FWRC 12.35. For other information about parking Process I, Il, III and IV are described in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 7. Chapter 19.220.100 of the Federal Way Revised Code is hereby amended to read as follows: 19.220.100 Permanent supportive housing and transitional housing. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: Ordinance No. 22-929 Page 33 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. . _ THEN, across for REGULATIONS Minimums Maximums Required Yards BC (Required Required ZONE (Review Lot Lot Height of Parking USE REGULATIONS (Process Size Front Side (each) IRear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES Permanent Process None 0/20 10/2010/20 None 55 ft. See 1. Any proposed permanent supportive housing III above Notes supportive housing or transitional and transitional average 14 and housing facility with more than 2 housing building 15 units, or which brings the total elevation number of permanent supportive (ABE) housing or transitional housing units on the property to more than 3 See units, must be distanced at least 1'/3 notes 9 miles (7,040 ft.) from any property and 10 with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the Ordinance No. 22-929 Page 34 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards BC (Required Required ZONE (Review Lot Lot Height of Parking USE REGULATIONS (Process Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may not exceed 30 ft. above average building elevation for the portion of the building located within 100 ft. from a single-family residential zone. 10. All buildings except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 11. Housing and accessory living facilities may be located on the ground floor only as follows: (a) ground level space that spans at least 60 percent of the total length of the principal commercial facade of all buildings, as determined by the director, is occupied with one or Ordinance No. 22-929 Page 35 of 98 USE ZONE CHART (.DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Maximums Required Yards BC Required Required ZONE (Review Lot Lot (Height of Parking USE REGULATIONS (Process Size iFront Side (each) (Rear Coverage Structure :Spaces 'SPECIAL REGULATIONS AND NOTES more other use(s) allowed in this zone; and (b) ground level space that spans at least 40 percent of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. 12. All nonresidential ground floor spaces must have a minimum floor - to -ceiling height of 13 ft. and a minimum depth of 15 ft. 13. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 14. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 Ordinance No. 22-929 Page 36 of 98 -USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Maximums Required Yards BC Required Required ZONE Review ILot Lot Height of Parking Process Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 15. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 16. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities Ordinance No. 22-929 Page 37 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums (Required Yards BC Required Required ZONE Review (Lot Lot Height of Parking USE REGULATIONS Process :Size (Front Side ;each) Rear Coverage Structure Spaces .SPECIAL REGULATIONS AND NOTES ❑ ❑ of key staff; ii. Site/facility management, including a security and emergency plan; + iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a Ordinance No. 22-929 Page 38 of 98 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards BC Required Required ZONE Review Lot Lot Height of Parking Process ;Size Front Side (each) Rear Coverage Structure Spaces :SPECIAL REGULATIONS AND NOTES USE REGULATIONS staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, Ordinance No. 22-929 Page 39 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums Required Yards BC Required Required ZONE Review Lot Lot (Height of Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage:structure Spaces SPECIAL REGULATIONS AND NOTES and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 17, All facilities are required to be licensed pursuant to the provisions of FWRC 12.35. For other information about parking Process I, II, III and IV are described in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 8. Chapter 19.220.105 of the Federal Way Revised Code is hereby amended to read as follows: 19.220.105 Emergency housing and shelter. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: Ordinance No. 22-929 Page 40 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums BC Required Yards Required Height of Required ZONE Review Lot 'Side 'Structure Parking Process Size Front (each) Rear S p aces :SPECIAL REGULATIONS AND USE REGULATIONS NOTES Emergency housing Process None 5 ft. See notes 1 45 ft. See 1. Minimum side and rear yards and shelter III and 2 above Notes shall be 20 feet adjacent to average 13 and residential zones and 5 ft. Except ft. building 14 adjacent to all other zones. along single- elevation 2. The city may permit these family (AABE) uses only if: residential to 55 ft. a. The proposed emergency zones AABE housing and shelter is See Note 10 distanced at least 1,000 ft. See from: Notes 6 i. any other and 7 emergency housing and shelter, or ii. public schools, as measured from the nearest points of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the Ordinance No. 22-929 Page 41 of'98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums BC Required Yards (Required Height of Required ZONE (Review (Lot Side Structure Parking (Process 'Size Front (each) Rear Spaces SPECIAL REGULATIONS AND USE REGULATIONS NOTES facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand- alone development based on Ordinance No. 22-929 Page 42 of 98 IUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Required Yards BC Required Height of Required ZONE Review Lot Side Structure Parking Process Size Front (each) IRear Spaces SPECIAL REGULATIONS AND USE REGULATIONS NOTES the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. A minimum of one unit and no more than five percent of the total dwelling units in a mixed -use development may be social services transitional housing. 5. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 6. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the Ordinance No. 22-929 Page 43 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS IMinimums BC Required Yards (Required Height of Required ZONE Review (Lot Side Structure Parking (Process 'Size Front (each) Rear Spaces SPECIAL REGULATIONS AND USE REGULATIONS NOTES structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to - ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 7; c. Height over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 7. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.220.105 Emergency housin�_, and shelter_.(Continued) Ordinance No. 22-929 Page 44 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS Minimums .Required Yards BC (Required Height Required ZONE (Review Lot ;side of Parking Spaces USE REGULATIONS (Process Size Front (each) Rear Structure SPECIAL REGULATIONS AND NOTES 8. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the Ordinance No. 22-929 Page 45 of 98 iUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Required Yards BC (Required (Height (Required ZONE (Review Lot Side of (Parking Spaces Process Sipe Front Rear Structure USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv, Occupancy policies, Ordinance No. 22-929 Page 46 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards BC (Required Height Required ZONE (Review Lot Side of Parking Spaces (Process Size Front Rea Structure USE REGULATIONS (each) :SPECIAL REGULATIONS AND NOTES consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a Ordinance No. 22-929 Page 47 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use _ _ . THEN, across for REGULATIONS (Minimums (Required Yards BC Required Height (Required ZONE Review (Lot Side of (Parking Spaces USE REGULATIONS Process Sire Front {;each) Rear Structure SPECIAL REGULATIONS AND NOTES demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16. Ail facilities are required to be licensed pursuant to the provisions of Ordinance No. 22-929 Page 48 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Required Yards BC (Required Height (Required ZONE Review Lot Side of (Parking Spaces USE REGULATIONS Process Size Front i(each)SPECIAL Rear Structure REGULATIONS AND NOTES FWRC 12.35, unless operated as a result of inclement weather, natural disaster, or similar event. Process I, II, III and IV are described For other information about parking in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 9. Chapter 19.225.055 of the Federal Way Revised Code is hereby amended to read as follows: 19.225.055 Emergency housing and shelter. The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use . _ . THEN, across for REGULATIONS Minimums Required Yards CC-C Required Height Required ZONE Review Lot of Parking Process Size Front Side {each) Rear Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS Emergency Process None 20 S ft. 70 ft. See 1. Minimum side and rear yards shall be housing and III ft. Notes 20 feet along residential zones and 5 ft. shelter I 11 and I along all other zones. Ior Ordinance No. 22-929 Page 49 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CC-C (Required Height Required ZONE (Review Lot of Parking USE REGULATIONS (Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND NOTES 12 2. The city may permit these uses only if: 200 ft. a. The proposed emergency housing and shelter is distanced at least 1,000 ft. See from: Note 5 i. any other emergency housing and shelter, or ii. public schools, as measured from the nearest points of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, Ordinance No. 22-929 Page 50 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Required Yards CC-C Required Height Required ZONE Review Lot of Parking USE REGULATIONS Process Size Front Side (each} Rea Structure Spaces SPECIAL REGULATIONS AND NOTES board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4.. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 5. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of- way; the siting and design of which shall be approved by the director. Ordinance No. 22-929 Page 51 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CC-C Required Height Required ZONE Review Lot Of Parking USE REGULATIONS Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ Process I, II, III and IV are described in For other information about parking and Chapter 19.55 FWRC, parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.055 Emergency housing shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS iMinimums Required Required Yards CC-C Required Required ZONE (Review (Lot of Parking USE REGULATIONS (Process ;Size Front Side (each) Rea r'Structure'Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Ordinance No. 22-929 Page 52 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums (Required Yards CC-C (Required Height Required ZONE (Review Lot of Parking (Process Size (Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit+ 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; Ordinance No. 22-929 Page 53 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. , . THEN, across for REGULATIONS Minimums Required Yards CC-C Required Height (Required ZONE Review Lot of (Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES N. Site/facility maintenance; IV. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience Ordinance No. 22-929 Page 54 of 98 (USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Required Yards CC-C (Required Height Required ZONE 'Review Lot -of Parking Process Size Front Side (Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of FWRC 12.35 unless operated as a result of inclement weather, natural disaster, or similar event. Process I, II, III and IV are described For other information about parking and in parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height Chapter 19.70 FWRC respectively. limit, see FWRC 19.110.050 et seq. Ordinance No. 22-929 Page 55 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CC-C Required Height Required ZONE Review Lot of Parking Process Size Front Side Rea Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES For details regarding required yards, see FWRC 19.125.160 et seq. Section 10. Chapter 19.225.075 of the Federal Way Revised Code is hereby amended to read as follows: 19.225.075 Permanent supportive housing and transitional housing. The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums (Required Yards I CC-C Required Height g (Required ZONE I Review Lot Lot Parking 'USE REGULATIONS Process Size Front Side (each] Rea Coverage of Structure 'Spaces SPECIAL REGULATIONS AND NOTES Permanent Process None 10 feet None 70 ft. See 1. Any proposed permanent supportive housing III or Notes supportive housing or transitional and transitional 200 ft. 16 and housing facility with more than 2 housing 17 units, or which brings the total See number of permanent supportive Notes housing or transitional housing 11 and units on the property to more than 12 3 units, must be distanced at least 11/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single Ordinance No. 22-929 Page 56 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS !Minimums Maximums Required Yards CC-C Required Height (Required ZONE Review Lot Lot Parking USE REGULATIONS Process :Size Front Side {each) Rear,Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. Ordinance No. 22-929 Page 57 of98 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums IMaximums Required Yards CC-C Required Height (Required ZONE Review ILot Side (Lot of (Parking USE REGULATIONS Process ;Size Front (each) Rear 'Coverage Structure :Spaces SPECIAL REGULATIONS AND NOTES 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Where the building is located near right-of-way, the ground floor must consist of non-residential space(s) with a minimum floor -to - ceiling height of 13 ft.; or, residential spaces that contribute an active presence to the streetscape. 10. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground -floor parking visible from arterial streets. 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as Ordinance No. 22-929 Page 58 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . - THEN, across for REGULATIONS Minimums Maximums (Required Yards CC-C Required Height Required ZONE Review Lot Lot parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure ,Spaces SPECIAL REGULATIONS AND NOTES plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Surface parking areas must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 16. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 Ordinance No. 22-929 Page 59 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Maximums Required Yards CC-C (Required Height I Required ZONE (Review (Lot Lot Parking USE REGULATIONS Process :Size Front Side (each) Rear Coverage of Structure Spaces 'SPECIAL REGULATIONS AND NOTES per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, Ordinance No. 22-929 Page 60 of 98 (USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums (Maximums (Required Yards CC-C Required Height Required ZONE Review tot (Lot Parking Process 'Size (Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS H. Site/facility management, including a security and emergency plan; Hi. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan Ordinance No. 22-929 Page 61 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS (Minimums (Maximums (Required Yards CC-C Required Height Required ZONE Review (Lot Lot Parking Process 'Size (Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. Ordinance No. 22-929 Page 62 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CC-C (Required (Height (Required ZONE (Review Lot Lot Parking (Process Size Front Side Rear Coverage of lStructure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 19. All facilities are required to be licensed pursuant to the provisions of FWRC 12.35. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 11. Chapter 19.230.055 of the Federal Way Revised Code is hereby amended to read as follows: 19.230.055 Emergency housing and shelter. The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the regulations and notes set forth in this section: Ordinance No. 22-929 Page 63 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CC-F Required Height of Required ZONE Review Lot Side .Structure Parking 'USE REGULATIONS Process Size Front (each) Rear Spaces :SPECIAL REGULATIONS AND NOTES Emergency Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall housing and III 1 and 2 above Notes be 20 feet along residential zones shelter average 11 and and 5 ft. along all other zones. See note 8 building 12 2. The city may permit these uses elevation only if: (AABE) a. The proposed emergency to 55 ft. housing and shelter is distanced at AABE least 1,000 ft. from: i. any other emergency See housing and shelter, or notes 4 ii. public schools, and 5 as measured from the nearest points of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. Ordinance No. 22-929 Page 64 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Required Yards CC-F Required Height of Required ZONE Review Lot Side Structure Parking USE REGULATIONS Process Size Front (each) Rear Spaces SPECIAL REGULATIONS AND NOTES f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, Ordinance No. 22-929 Page 65 of 98 USE REGULATION USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CC-F Required Height of Required ZONE Review Lot Structure Parking Process Size Front Side Rear Spaces taarh] SPECIAL REGULATIONS AND NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. and other design features of the proposed development. 4. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to - ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 5; c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. S. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see Ordinance No. 22-929 Page 66 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ .. THEN, across for REGULATIONS Minimums Required Yards CC-F Required Height of Required ZONE Review Lot Structure Parking Side Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. iUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Required Yards CC-F (Required Height (Required ZONE (Review (Lot of (Parking USE REGULATIONS (Process 'Size Front Side (each) Rea Structure' paces SPECIAL REGULATIONS AND NOTES 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Ordinance No. 22-929 Page 67 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Required Yards CC-F Required Height of Required ZONE Review Lot 'Side Structure Parking USE REGULATIONS Process :size Front i(each)SPECIAL Rear aces S p REGULATIONS AND NOTES Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: L Roles and responsibilities of key staff; ii. Site/facility Ordinance No. 22-929 Page 68 of 98 iUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Required Yards CC-F (Required Required Height of ZONE (Review Lot Parking (Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; Ordinance No. 22-929 Page 69 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums Required Yards CC-F Required Height of Required ZONE Review Lot Side Structure Parking USE REGULATIONS Process Size Front (each) Rear Spaces P SPECIAL REGULATIONS AND NOTES A. Proceduresfor maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it Oi-dinance No. 22-929 Page 70 of 98 'USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS Minimums Lot Size Required Yards USE REGULATIONS Required Review Process Height of (Required (Parking Structure Spaces P CC-F ZONE SPECIAL REGULATIONS AND NOTES Front :Side (each) Rear shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of FWRC 12.35, unless operated as a result of inclement weather, natural disaster, or similar event. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 12. Chapter 19.230.065 of the Federal Way Revised Code is hereby amended to read as follows: 19.230.065 Permanent supportive housing and transitional housing. The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the regulations and notes set forth in this section: Ordinance No. 22-929 Page 71 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F Required Height g Required ZONE Review Lot Lot Parking USE REGULATIONS Process .Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES Permanent Process None 10 feet None 70 ft. See 1. Any proposed permanent supportive housing III or Notes supportive housing or transitional and transitional 85 ft. 15 and housing facility with more than 2 housing 16 units, or which brings the total See number of permanent supportive Notes 9 housing or transitional housing and 10 units on the property to more than 3 units, must be distanced at least 1'/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how Ordinance No. 22-929 Page 72 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F Required (Height Required ZONE (Review Lot Lot (Parking USE REGULATIONS (Process Size ;FroniSide i(each) iRearCoverageof 'Structure Spaces 'SPECIAL REGULATIONS AND NOTES the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of- way; the siting and design of which shall be approved by the director. 10. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single-family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line, unless the project proposes utilizing an existing building. Ordinance No. 22-929 Page 73 of 98 IUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F (Required (Height Required ZONE (Review Lot Side Lot of Parking USE REGULATIONS (Process Size Front (each) Rea Coverage :Structure Spaces SPECIAL REGULATIONS AND NOTES 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Where the building is located near right-of-way, the ground floor must consist of non-residential space(s) with a minimum floor -to - ceiling height of 13 ft.; or, residential spaces that have been designed to contribute to an active presence to the streetscape. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that Ordinance No. 22-929 Page 74 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards CC-F (Required Height g (Required ZONE Review Lot Lot Parking USE REGULATIONS (Process .Size Front Side (each) ( Rea Coverage Structure 'Spaces ,SPECIAL REGULATIONS AND NOTES less common open space will be adequate to serve the needs of the residents. 15. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 16. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 17. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. Ordinance No. 22-929 Page 75 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards CC-F (Required Height g Required ZONE (Review 'Lot Lot Parking USE REGULATIONS (Process 'Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ c. An operations plan must be provided that addresses the following elements: I. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use Ordinance No. 22-929 Page 76 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums Required Yards CC-F Required (Required Review Lot Lot (Height (Parking ZONE Process .Size Front Side Rear Coverage of :Spaces USE REGULATIONS (each) 'structure SPECIAL REGULATIONS AND NOTES and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps Ordinance No. 22-929 Page 77 of 98 (USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards CC-F (Required Height Required ZONE (Review (Lot Lot parking USE REGULATIONS (Process 'Size Front Side (each) Rear Coverage of Structure Spaces 'SPECIAL REGULATIONS AND NOTES to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 18. All facilities are required to be licensed ursuant to the provisions of FWRC 12.35. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 13. Chapter 19.240.085 of the Federal Way Revised Code is hereby amended to read as follows: Ordinance No. 22-929 Page 78 of 98 19.240.085 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Commercial Enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Maximums Required Yards CE (Required Required ZONE (Review ILot Lot Height of Parking (Process ;Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES U5E REGULATIONS ❑ ❑ Permanent Process None 5 ft. See Note None 45 ft. See 1. Any proposed permanent supportive housing III 12 above Notes supportive housing or transitional and transitional average 13 and housing facility with more than 2 housing building 14 units, or which brings the total elevation number of permanent supportive (AABE) housing or transitional housing to 55 ft. units on the property to more than AABE 3 units, must be distanced at least and four 11/3 miles (7,040 ft.) from any floors property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points See of each such property. Notes 9 2. There shall be no more than 110 and 10 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. Ordinance No. 22-929 Page 79 oJ'98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards CE Required Required ZONE Review Lot Lot (Height of (Parking USE REGULATIONS Process Size IFront Side (each) Rear Coverage; Structure Spaces SPECIAL REGULATIONS AND NOTES 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.; Ordinance No. 22-929 Page 80 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards CE Required Required ZONE (Review Lot Lot (Height of (Parking USE REGULATIONS (Process Size (Front Side (each] Rear Coverage:Structure 'Spaces SPECIAL REGULATIONS AND NOTES b. Height complies with note 10; c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 10. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 12. Minimum side and rear yards shall be 20 ft. adjacent to single- family residential zones and 5 ft. adjacent to all other zones. 13. Parking spaces shall be provided as follows: Ordinance No. 22-929 Page 81 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. , . THEN, across for REGULATIONS Minimums Maximums (Required Yards CE Required (Required ZONE Review Lot Lot (Height of (Parking Process Size IFront(each) de Rear Coverage!Structure :Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and Ordinance No. 22-929 Page 82 of 98 'USE ZONE CHART 'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards CE (Required Required ZONE (Review (Lot Lot (Height of Parking (Process 'Size Front'Side Rear Coverage: Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, Ordinance No. 22-929 Page 83 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CE Required Required ZONE Review Lot Lot (Height of Parking Process Size Front 'Side i(each)SPECIAL IRea Coverage:Structure Spaces REGULATIONS AND NOTES USE REGULATIONS including a staffing plan and expected outcome measures; vi. Proceduresfor maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and Ordinance No. 22-929 Page 84 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums 'Maximums (Required Yards CE Required Required ZONE Review Lot Lot Height of Parking Process Size Front Side (each} Red Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16, All facilities are re uired to be licensed pursuant to the provisions of FWRC 12.35. Process I, 11, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 14. Chapter 19.240.095 of the Federal Way Revised Code is hereby amended to read as follows: 19.230.095 Emergency housing and shelter. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: Ordinance No. 22-929 Page 85 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use . , THEN, across for REGULATIONS Minimums Required Yards CE (Required Height of Required ZONE (Review Lot Side Structure Parking USE REGULATIONS (Process Size Front (each) Rear Spaces SPECIAL REGULATIONS AND NOTES Emergency Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards housing and III 1 and 2 above Notes shall be 20 feet adjacent to single shelter average 10 and family residential zones and 5 ft. See note 3 building 11 adjacent to all other zones. elevation 2. The city may permit this use only (AABE) if: to 55 ft. a. The proposed emergency AABE housing and shelter is distanced at least 1,000 ft. from: See i. any other emergency notes 3 housing and shelter, or and 4 ii. public schools, as measured from the nearest points of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The facility will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create Ordinance No. 22-929 Page 86 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CE Required Height of Required ZONE Review Lot Side Structure Parking USE REGULATIONS Process Size Front (each) Rear Spaces SPECIAL REGULATIONS AND NOTES unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 b. Height also complies with note 4; c. Height over 40 ft. is set back Ordinance No. 22-929 Page 87 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ .. THEN, across for REGULATIONS Minimums Required Yards CE Required Height of Required ZONE Review Lot Side Structure Parking USE REGULATIONS Process .Size Front (each) Rear Spaces 'SPECIAL REGULATIONS AND NOTES from nonresidential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 4. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.240.095 Emergency housing and shelter. (Continued) USE ZONE CHART iDIRECTIONS: FIRST, read down to find use., . THEN, across for REGULATIONS (Minimums Required Yards Required CE Required Required ZONE (Review Lot of Parking (Process Size Front Side IRear'Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 5. No maximum lot coverage is Ordinance No. 22-929 Page 88 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. THEN, across for REGULATIONS Minimums Required Yards CE Required Height (Required ZONE Review Lot of (Parking USE REGULATIONS Process Size Front Side (each) (Rear Structure;Spaces ,SPECIAL REGULATIONS AND NOTES established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Dwelling units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of Ordinance No. 22-929 Page 89 of 98 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums (Required Yards CE (Required Height Required ZONE (Review Lot of Parking (Process Size (Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; Mi. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on Ordinance No. 22-929 Page 90 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CE Required Height Required ZONE Review Lot of (Parking Process Size Front 'Side Rear'Structure:5paces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, Ordinance No. 22-929 Page 91 of 98 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. _ . THEN, across for REGULATIONS (Minimums (Required Yards CE Required Height Required ZONE Review (Lot -of Parking Process Size (Front Side (Rear Structure:Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of FWRC 12.35, unless operated as a result of inclement weather, natural disaster. or similar event. Process I, Il, III and IV are described For other information about parking in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 22-929 Page 92 of 98 Section 15. A new chapter 12.35 "Permanent supportive housing and transitional housing, emergency housing and shelter" of the Federal Way Revised Code and sections 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, and 12.35.080 are added as follows: Article I. Generally 1.2.35.010 Exception from chapter. This chapter does not apply to emergency housing and shelter that is operated as a result of inclement weather. natural disaster. or similar event. Article II. Licenses 12.35.020 License for business required. Unless expressly excepted by the provisions of this chapter, it is unlawful to operate pennanent . supportive housing and transitional housing, or emergency housing and shelter unless such establishment or premises is licensed as hereinafter provided. 12.35.030 License applications. (1) All applications for license or license renewal shall be made to the City Finance Department on a form prescribed by the Finance Director, and shall include the following information: (a) The name, address,_ and contact telephone number of_the license holder; h The business name, address, and telephone number of the establishment to be licensed-, (c) The names, titles, addresses, and telephone numbers of those who will act as the principle Dints of contact with the ci (d) A declaration of the total number of rooms in the facility used for permanent supportive housing and transitional housing. and/or emergency housing and shelter; (e) The maximum number of occupants that can be housed in the facility Ordinance No. 22-929 Page 93 of 98 An o erational lan demonstrating compliance with the safety and operational requirements in FWRC 12.35.070 and the standards of conduct in FWRC 12.35.080. Documentation identif in that roviders and/or manap-inZ agencies have either demonstrated experience providing similar services to -people experiencing homelessness and/or certifications or academic credentials in an appropriate human service field, and/or applicable experience in a related prograrn with people experiencing homelessness. (2) The city shall notify the applicant within fifteen working da, s of submittal of a license or license renewal application if the application is deemed incomplete and shall specify what additional information is required. 12.35.040 License fee. (1) The license fee for permanent supportive housing and transitional housing, or emergency_ housing and shelter. as required in this chapter, is $300.00 per year. Such fee shall be in addition to general business license fees where applicable. 2 The entire annual license fee shall be paid for the gpplicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, _the license fee for the remainder of that year shall be one-half of the annual license fee. (3) Permanent supportive housing and transitional housing. and emergency housing and shelter, operated by nonprofit or governmental organizations_ shall be exempt from the license fee_ 12.35.050 License expiration. (1) All licenses issued or renewed under the provisions of this chapter shall expire on the thirty- first of December of each year.. Ordinance No. 22-929 Page 94 of 98 (2) Due date. All license fees recluired by this chapter for either an original license or renewal are payable to the city at least two weeks prior to the commencement of operation of the permanent supportive housing and transitional housing, and/or emergency housing and shelter. (3) Failure to renew. Failure to renew shall result in expiration of the license and all privileges granted to the licensee. 12.35.060 Renewal of license. (1) For a permanent supportive mousing and transitional housing. and/or emergency housing and shelter facility to continue operation beyond the expiration of its existing license, an application for renewal must be submitted with the city prior to the expiration of the existing license. (2) A late penalty shall be charged on all applications for renewal of a license received later than seven calendar days after the expiration date, as well as all applications that fail to rectify application deficiencies identified by the city pursuant to FWRC 12.35.030(2) within seven calendar days of the city notice provided for in that subsection. The amount of such penalty is fixed as follows: Days Past Due Late Fee 8-30 31 — 60 $100 61 and over $200 Article III. Regulations 12.35.070 Standards of safety and operation. (1) Every facility licensed under the provisions of this chapter must meet the following_ safety and operational requirements: Ordinance No. 22-929 Page 95 of 98 (a) Adopt and broadly disseminate a written security and emergency .plan for residents and employees. (b) Establish protocols to work with current or prospective residents with active felony warrants to resolve the outstanding warrant(s) with applicable legal authorities. (c) Take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from all current and prospective residents, and keep a log containing this information. (d) Prohibit direct intake of residents without referral. (e) Incorporate procedures into operations to ensure complete and accurate recordkeeping. (f) Post prominently a list of all human and health services offered with a brief description of the service(s) and the availability of such service(s). (g) Follow Crime Prevention Through Environmental Design (CPTED) standards for landscaping and plant maintenance. (h) Broadly disseminate information to residents identifying transit, pedestrian and bicycle routes to services and schools from the site. (2)_ Every _standalone facility exclusively for-permaiient_supportive housing and transitional housing, and/or emergency housing and shelter licensed under the provisions of this chapter, except for permanent supportive housing and transitional housing in the Suburban Estate (SE) or Single -Family Residential (RS) zones, must meet the following additional safety and operation requirements: (a) Install lighting in all internal common areas providing a minimum of 1.5 foot-candles at ground level 24 hours per day. seven days a week. (b) Have a manager or operator's representative on the premises at all times. Ordinance No. 22-929 Page 96 of 98 (3) Every newly constructed facility licensed under the provisions of this chapter, except for newly constructed permanent supportive housing and transitional housing in the Suburban Estate (SE) or Single -Family Residential (RS) zones, must also implement the security proyram and strategies addressed in FWRC 19.115.040. 12.35.080 Standards of conduct. Every facility licensed under the provisions of this chapter must adopt and enforce standards of conduct applicable to all residents and guests designed to ensure that: (1) All residents and Quests complywith all applicable federal, state, and local laws, including all safety and sanitation requirements and the ci 's building fire and zoning and development codes. No residents exhibit threatening or unsafe behavior. (3) No resident shall use, possess, or sell illegal drugs. Section 16. 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 17. 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 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 22-929 Page 97 of 98 Section 19. 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 18th day of January, 2022. CITY OF FEDERAL WAY: ATTEST: SAPkIANIE. COURTNE tMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 12/28/2021 PASSED BY THE CITY COUNCIL: 01/18/2022 PUBLISHED: 01/21/2022 EFFECTIVE DATE: 01/26/2022 ORDINANCE NO.: 22-929 Ordinance No. 22-929 Page 98 of 98