Ord 02-423
CITY OF FEDERAL WAY
ORDINANCE NO. 62-423
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
- OF FEDERAL WAY, WASHINGTON, AMENDING
FEDERAL WAY CITY CODE, CHAPTER 22 SECTION 22-
669.5 BY REDUCING SEPARATION ~TS
FOR SOCIAL SERVICES TRANSITIONAL HOUSING
UNITS.
WHEREAS, amendments to the Federal Way City Code (FWCC) text are
authorized pursuant to FWCC section 22-216 pursuant to process VI review; and
WHEREAS, the City of Federal Way City Council has considered a proposed
ehange to the FWCC to reduce the separation requirement for Social Services Transitional
Housing Units (Proposal); and
WHEREAS, the Federal Way City Council, pursuant to FWCC section 22-517,
having determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the Federal Way Planning Commission for its review and recommendation; and
WHEREAS, the Federal Way Planning Commission, having considered the
proposal at a Public Hearing on July 17, 2002, pursuant to FWCC section 22-534, and all
public notice having been given pursuant to FWCC section 22-521; and
WHEREAS, following the public hearing, the Planning Commission submitted
to the Land Use and Transportation City Council Committee its recommendation in favor of
the staff recommendation to reduce the setback requirement for Social Services Transitional
Ord. 1fJ2-42'} Page 1
(C@~lf
Housing Units from 1,000 feet to 400 feet only in the Multifamily Residential (RM) zoning
district; and
WHEREAS, an environmental Determination of Nonsignificance (DNS) was issued for
the Proposal on May 4, 2002, and no comments were received; and
WHEREAS, the Federal Way Land Use and Transportation City Council Committee,
on August 5, 2002, considered the recommendation of the Planning Commission and voted to
modify the recommendation to the full City Council such that the recommendation is to
eliminate the 1,000 foot separation requirement only in the RM zoning district, provided
however that no less than one unit and no more than five percent of the housing in the
multifamily complex may be social services transitional housing units; and
WHEREAS, the City Council eonsidered the proposal at its August 20, 2002 meeting;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the
following findings with respect to the Proposal and the proposed amendment to the Federal
Way City Code (FWCC):
A. The City of Federal Way adopted the Social Services Transitional Housing
code provisions in a 1994 code amendment, permitting the use in the Single Family
Residential (RS), Multifamily Residential (RM), Neighborhood Business (BN),
Community Business (BC) and City Center - Frame (CC-F) zoning districts. There are
specific criteria that each application must meet before approval.
Ord. 102-423 Page 2
B. The separation requirement that requires the use be distanced at least 1,000
from any other facility in this classification has proved to be difficult to the
establishment of additional social services transitional housing units in the RM zoning
distriet according to the current known provider.
C. Staff analyzed five options for modification to the social services transitional
housing unit separation requirement and proposed that the separation requirement be
modified to 400 feet only in RM zoning districts.
D. At a publie meeting, the City Council Land Use and Transportation
Committee heard testimony that the separation requirement should be further reduced to
provide additional opportunities for social services transitional housing units in existing
multifamily complexes, and voted to recommend that the separation requirement be
eliminated in RM zoning subject to certain criteria.
Section 2. Conclusions. Pursuant to FWCC section 22-216 and 528, and based
upon 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
proposal;
I.
The proposed FWCC text amendment is consistent with, and substantially
implements, the following Comprehensive Plan goals and policies:
LUG 3 Preserve and protect Federal Way's single-jamily neighborhood<;.
LUP15 Protect residential areas from impacts of adjacent non-residential uses.
HP40
Continue to permit emergency and transitional homeless facilities
within the city.
Ord. ~J, Page 3
HP34
Remove existing regulatory barriers to siting special needs housing to
avoid concentration and to ensure uniform distribution throughout all
residential and mixed-use zones, subject to peiformance standards that
protect residential amenity, ensure proper access, and maintain design
standards.
HP37
Ensure that access to special needs housing is provided without
discrimination.
HP41
Emergency shelters and transitional housing should be regulated to
avoid concentration of facilities, mitigate impacts on surrounding uses,
ensure that such housing is properly managed, and avoid significant
impacts on existing residential neighborhoods.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare as the proposed FWCC text amendment permits the establishment of additional
transitional housing units, which have a direct relationship to the public health, safety,
and welfare of the homeless in Federal Way while maintaining regulatory standards;
and
3.
The proposed amendment is in the best interest of the residents of the city because
the proposed FWCC text amendment maintains separation requirements for social
services transitional housing units yet ensures opportunities for transitional housing,
which are in the best interest of the residents of the city.
Section 3. Amendment. FWCC section 22 is amended as set forth in the
attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or
portion of the 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 5. Ratification. Any act consistent with the authority and prior to the
effectiye date of this ordinance is hereby ratified and affmned.
Ord. #02-423 Page 4
Section 6. 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 at a regular meeting of
the City Council on the
1-7.de,
day o~ ' 2002.
APPROVED
~.3.~
A TrEST:
~ ,{l~:d- ,~
CIT CLERK, N. CHRISTINE GREE~ CMC
APPROVED AS TO FORM:
-f ~ C:¡. LL:~~
INTERIM CITY ATTORNEY, PATRICIAA. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
8/9/02
9/17/02
912~/o~
9/30/02
O~-4?~
Ord. # 02-4~3Page 5
22-669.5 Social service transitional housing.
The following uses shall be pennitted in the BiagI. family multifamily residential (RM) zone subject to the regutations and notes set forth in this section'
USE ZONE CHART
~ DIRECTIONS: FtRST, read down to find use . . . THEN, across for REGULATIONS
0 Minimums Maximums
~ Required Yards
,.¡
~
"
'"
'"
USE
Social
Services
Transitional
Housing
Type A OR
TypeB
~
,,£
g ~
j"Æ
]
.c
!
"
¡;;
U
N
¡;;
.§
Process 17,20012011'1511. 1511.
m sq. ft.
Proc.., t, 0, ill ",d IV are de"ribed 'ren
§§22-3SI-22-356,
22.361-22.370
22-386-22-411,
22-431-22-460,"'pe,tive1y.
~
~
f
8
<¿¡
,.¡
"õ u
EŠ
!fg
:too
60% IInRM3.6
and 2.4
zones, 30 ft.
above
average
building
etevation.tn
RM 1.8 zone,
J5 ft. above
average
building
elevation
See note 4
I
~
]~
H
"'..
Detennined
on a case-
by-case
basis.
ZONE
RM
SPECIAL REGULATIONS AND NOTES
1. The citY -may pennit these uses only if:
a. Th. facilit)' is di't.."d at I...t I,QQO ft. IroIR OHI' other Jacilit)' "ndor thi, ct..,ifi'ati.n A minimum of one
unit and no more than five Dercent of the units in the muttifamilv comDtex mav be social services transitional
housing units.
b. The facility and program secures and maintains all licenses and/or approvals as required by the state.
c. The subject property is situated in close proximity 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 cnncems pertaining to the facility.
e. The facility will have staffing supervision, and security arrangements appropriale to the number of clients 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 has adequate off-street parking and the appearance confonns with the character of surrounding
uses.
h. The facility is in compliance with applicable health, fire, building, and safety requirements.
i. The facility will operate under a written management plan, approved by the governing agency, board, or
official, which must meet administrative standards, specifications. and requirements, which shall be adopted by the
director of community development services, and which shall be on file in the city clerk's office, and which shall be
followed and have the full force and effect as if they were set forth in full in this article.
2. The city will detennine the number of dwelling units or occupancy rooms or suites pennitted in the proposed
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 archllecture, site design, and other design features of the proposed development.
(Continued on next page)
~ Fo, oth" ¡nfonnation about parking ",d parking ore", ,cc § 22-I376 et seq.
For detail, ofwbat may exceed thi, height limit, '" § 22.1046 et seq.
For detail, regarding requi,edyar"',... § 22.113t et seq.
22-669.5 Social service transitional housing. (Continned)
USE ZONE CHART
~ DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
0 Minimums Maximums
~ Required Yards
.¡
;::¡
'-'
"'
œ
USE
"
ë
"..
.~ ~
g..¡;
,:!,:!
æ
,:!
:¡¡
!
u
"
¡¡;
.~
'"
.3
ê
'"
Pro,"" t, IT, ill and IV "" d",ribed T.n
§§22-J5t-22-J56,
22.361 - 22-J70
22-386-22411,
224JI-22460,re'pe"iv,ly.
f
<3
.3
'õu
",.3
.11' ß
::'"
~
,,~
~ 1!'
.~~
"'..
ZONE
RM
SPECIAL REGULATIONS AND NOTES
3. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case-by-case
basis.
4. tr auy portion of a structure on the subject property is located less thau 100 ft. from an adjacent low density zone,
then either:
a. The height of that portion of the structure shall not exceed t5 ft. above average building elevation; or
b. The façade of that structure parallel to the iow density zone shall not exceed 50 1\,. in length.
5. Refer In § 22-946 et seq. to determine what other provisions of this chapter may apply to the snbject property.
6. Refer In Articte XVIt, Laudscaping, for appropriate requirements.
7. For sign requirements that apply to the projec~ see Articte XVIII.
8. For community design guidelines that apply to the projec~ see Article XlX.
L- For otho< inform.tion .boul parking and parking """', 'ee § 22-1376" "q.
Ford,taib of who! may oxc<,d this h,ightlimit, see § 22.tO46 "soq.
For details regonting requirod yards, ",§22-It3t ""q.
(Ord. No. 94.223. § J(E), 10-lg.94: Ord. No. 97.29I,§J,4-1-97;Ord. No. 99-JJJ.§J, 1.19.99: Ord. No.Ot.385 § J,4.J-OI)
l