CITY OF WOODINVILLE, WA REPORT TO THE CITY COUNCIL 17301 133rd Avenue NE, Woodinville, WA 98072 WWW.CLWOODINVILLE.WA.US To: Honorable City Council Date: 6/19/2012 From: Richard A. Leahy, City Manager Subject: Ordinance No. 544 Public Hearing to Renew the Moratorium on Single Family Residential Subdivisions That Do Not Meet Minimum Lot Sizes ISSUE: Shall the City Council hold a public hearing, pass first and second reading, and adopt Ordinance No. 544 to renew the Moratorium on Single Family Residential Subdivisions that do not meet minimum lot size requirements? RECOMMENDATION: To hold the public hearing, pass first and second reading, and adopt Ordinance No. 544, as presented. BACKGROUND/DISCUSSION: On January 24, 2012, the City Council passed Ordinance No. 543 to establish a moratorium on Single Family Residential Subdivisions with lot sizes less than the base zone density (e.g. R-1: 43,560 square feet minimum lot size; R-4: 10,890 square feet minimum lot size, etc.). That moratorium was passed to allow opportunity to more fully evaluate and analyze the potential impacts of proposed Ordinance No. 532, which would establish "minimum lot sizes" for all Single Family Residential zones. The moratorium established by Ordinance No. 543 will expire on August 6, 2012. In recognition that Ordinance No. 532 is still being considered by the City Council and may not be acted upon until after August 6, 2012; staff recommends that the existing moratorium established by Ordinance No. 543 be renewed. Renewing or extending the moratorium is expected to provide adequate time to allow the City Council to take final action on Ordinance No. 532. Under State Law (RCW 35A.63.220 and 36.70A.390) the moratorium may be renewed or extended for one or more six month periods if the required public hearing and findings are made. ALTERNATIVES 1. Hold the Public Hearing, pass first and second reading, and adopt Ordinance No. 544; as presented. 2. Open the Public Hearing and continue it to a future date and time 3. Hold the Public Hearing and take no action RECOMMENDED MOTION: 1. OPEN THE PUBLIC HEARING 2. TAKE PUBLIC TESTIMONY Receive the Staff Report and Take Public Testimony 3. I MOVE TO CLOSE THE PUBLIC HEARING. 4. I MOVE TO PASS FIRST AND SECOND READING, AND ADOPT ORDINANCE NO. 544, AS PRESENTED TO RENEW THE MORATORIUM ON SINGLE FAMILY RESIDENTIAL SUBDIVISIONS THAT DO NOT MEET MINIMUM LOT SIZES. Attachment 1: Ordinance No. 544 1
ORDINANCE NO. 544 AN ORDINANCE OF THE CITY OF WOODINVILLE, WASHINGTON, ADOPTED PURSUANT TO RCW 36.70A.390; RENEWING THE TEMPORARY MORATORIUM ADOPTED BY ORDINANCE NO. 543 IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT AND PROCESSING OF SUBDIVISIONS (LARGE AND SMALL), BINDING SITE PLANS AND OTHER PROJECT PERMIT APPLICATIONS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT PROPOSING OR INCLUDING LOT SIZES SMALLER THAN ALLOWED FOR THE BASE DENSITY OF THE ZONE SET FORTH IN THE TABLE PROVIDED IN SECTION 21.12.030 OF THE WOODINVILLE MUNICIPAL CODE; SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SAID MORATORIUM; RENEWING THE MORATORIUM; STATING THE EFFECT ON VESTED RIGHTS; AUTHORIZING OFFICIAL INTERPRETATIONS BY THE CITY OF WOODINVILLE PLANNING DIRECTOR; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Woodinville City Council approved the Moratorium described in the above ordinance title on January 24, 2012 by Ordinance No. 543, which moratorium is scheduled to expire on August 6, 2012; and WHEREAS, the City Council has continued the public hearing on proposed Ordinance 532 and delayed final consideration of said ordinance until it was provided sufficient data to adequately consider the comments to the proposed ordinance made by the Washington State Department of Commerce and the public; and WHEREAS, the City contracted with a planning consultant and special land use legal counsel and requires additional time beyond August 6, 2012 to receive and consider the report of the planning consultant and the advice of special counsel before taking action on proposed Ordinance 532, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODINVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The Woodinville City Council hereby makes the following findings in support of the renewal of the moratorium imposed by Ordinance No. 543: A. The findings of fact in Ordinance No. 543 are incorporated herein by reference. B. The recitals set forth above are adopted as findings of fact. C. The City Staff has prepared a work plan for completing the necessary review, public hearings, consideration of public comments and comments from the WA. State Department of Commerce, the receipt and review of the report of the planning consultant, city council review and discussion, and the requirements for adoption of an ordinance making any changes to the 2
land use regulations of the Woodinville Municipal Code. A copy of said work plan is attached hereto as Exhibit "A" and incorporated herein by this reference. D. It is necessary to renew the moratorium implemented by Ordinance No. 543 for up to an additional six month period of time, ending February 6, 2013. E. A public hearing on the question of the renewal of the moratorium implemented by Ordinance No. 543 for an additional six month period was held on June 19, 2012. Section 2. Moratorium Renewed. The City hereby renews for an additional consecutive six month period the moratorium imposed upon the receipt and processing of applications for subdivisions (large and small), binding site plans and any other land use or project permit applications for the siting, development, or improvement of real property within the City of Woodinville, which propose or that would allow for the development of a detached building containing one dwelling unit as defined in WMC 21.06.180 on lot sizes smaller than the square footage allowed by applying the base density in dwelling units/acre specified for each of the residential zoning districts in the table set forth in WMC 21.12.030. The renewal period shall run from August 6, 2012 to February 6, 2013, unless the moratorium is earlier terminated by action of the City Council. Section 3. Effect upon Vested Rights. The moratorium renewed under Section 2 of this ordinance shall not operate to prevent the acceptance and processing of any permit application submitted prior to February 6, 2012. Nothing in this ordinance shall be construed to extinguish, limit or otherwise infringe upon any peimit applicant's vested development rights as defined by state law and City of Woodinville regulations, with respect to any complete development application as defined by state law and City of Woodinville regulations, submitted prior to February 6, 2012. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Interpretative Authority. The City of Woodinville Planning Director is hereby authorized to issue official interpretations arising under or otherwise necessitated by this ordinance. Section 6. Effective Date; Duration. This Ordinance shall take effect five (5) days after passage and publication. PROVIDED, that the City Council may, in its sole discretion, renew said moratorium for one or more six additional month periods in accordance with state law. This ordinance or a summary thereof consisting of the ordinance title shall be published in the official newspaper of the City. 3
PASSED by the City Council of the City of Woodinville this 19th day of June, 2012 on first reading. The requirement for a second reading having been suspended pursuant to council motion. APPROVED: ATTEST/AUTHENTICATED: MAYOR, Bernard Talmas CITY CLERK, Jennifer Kuhn, CMC APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 4
City of Woodinville, Washington Exhibit "A" Ordinance No. 544 TEMPORARY MORATORIUM ORDINANCE NO. 544 WORK PLAN Revised Work Plan for Final Action on Ordinance No. 532 - Residential Density Ordinance No. 532 introduced for initial public hearing at City Council Feb. 14, 2012 Ordinance No. 532 Conduct continued public hearings at City Council March 13, 2012 June 19, 2012 City Council to consider Ordinance No. 544 to renew Moratorium on Single- Family Residential Subdivisions that do not meet Minimum Lot Size equal to base density of the zone. Impact Analysis Report prepared by planning consultant presented to City Council at Continued Public Hearing for Ordinance No. 532 City Council considers additional public testimony and deliberates on Ordinance No. 532. Staff prepares additional requested information/analysis. June 19, 2012 July 17, 2012 July 17, 2012 August 14, 2012 City Council passes first reading of Ordinance No. 532. August 14, 2012 or Sept. 11, 2012 City Council passes second reading and adoption of Ordinance No. 532 Need for Moratoriums established by Ordinance No. 546 and 544 expire. Sept. 11, 2012 or Sept. 18/25, 2012 Sept. 27, 2012 or Oct. 4/11, 2012 5
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Ordinance No. 544 Extend Moratorium on SFR Subdivisions - Public Hearing June 19, 2012
Ordinance No. 544 1/24/2012: City Council passed Ordinance No. 543 to establish a moratorium on Single-Family Residential Subdivisions that did not meet minimum lot size requirements (i.e. base density of the zone) R-1: 43,560 sf R-4: 10,890 sf R-6: 7,260 sf etc. 6 Month Moratorium (expires August 6, 2012) Provide time to consider Ordinance No. 532 Action on Ordinance No. 532 may occur after the expiration date. Staff recommends that you consider Ordinance No. 544 to extend the moratorium so Ordinance No. 532 process is not rushed Ordinance No. 544 extends Moratorium to 2/6/2013. Final action on Ordinance No. 532 will eliminate need for this moratorium.
TEMPORARY MORATORIUM ORDINANCE NO. 544 WORK PLAN Revised Work Plan for Final Action on Ordinance No. 532 - Residential Density 1. Ordinance No. 532 introduced for initial public hearing at City Council Feb. 14, 2012 2. Ordinance No. 532 Conduct continued public hearings at City Council March 13, 2012 June 19, 2012 3. City Council to consider Ordinance No. 544 to renew Moratorium on Single-Family Residential Subdivisions that do not meet Minimum Lot Size equal to base density of the zone. 4. Impact Analysis Report prepared by planning consultant presented to City Council at Continued Public Hearing for Ordinance No. 532 5. City Council considers additional public testimony and deliberates on Ordinance No. 532. Staff prepares additional requested information/analysis. June 19, 2012 July 17, 2012 July 17, 2012 August 14, 2012 6. City Council passes first reading of Ordinance No. 532. August 14, 2012 or Sept. 11, 2012 7. City Council passes second reading and adoption of Ordinance No. 532 Sept. 11, 2012 or Sept. 18/25, 2012 8. Need for Moratoriums established by Ordinance No. 546 and 544 expire. Sept. 27, 2012 or Oct. 4/11, 2012
Recommended Action I Move to: Waive Provisions of Resolution No. 50, regarding separate first and second reading of Ordinances; and Pass First and Second Reading, and Adopt Ordinance No. 544, as presented to Renew the Moratorium on Single Family Residential Subdivisions that do not Meet Minimum Lot Sizes.