To: From: By: Subject: CITY OF WOODINVILLE, WA REPORT TO THE CITY COUNCIL 17301 133rd Avenue NE, Woodinville, WA 98072 WWW.CI.WOODINVILLE.WA.US Honorable City Council Date: 02/05/13 Richard A. Leahy, City Manager David Kuhl, Development Services Director Public Hearing for Ordinance No. 540, establishing a Moratorium on Certain Land Uses within the General Business and Central Business Districts ISSUE: Shall the City Council hold a public hearing and take public testimony for Ordinance No. 540 which established a moratorium on certain land uses within the General Business (GB) and Central Business Districts (CBD)? RECOMMENDATION: To hold the public hearing and take public testimony on Ordinance 540. POLICY ISSUE/BACKGROUND DISCUSSION: On January 8, 2013, by a 7-0 vote, the City Council passed first and second reading and adopted Ordinance No. 540 to enact a moratorium of up to six months to prohibit certain uses within the Central Business (CBD) and General Business (GB) Districts. State Law requires that a public hearing be held on moratorium within 60 days of adoption. Tonight's hearing is fulfills the requirement to hold that public hearing. Previously, the Council approved a Docket Item to study the removal and/or conditioning of incompatible "permitted uses" in the CBD and GB Zones. The Planning Commission has been actively studying this matter since September 2012 and is preparing a recommendation that is expected to be presented to the City Council in March/April 2013. In recognition that one or more of these identified "incompatible uses" may attempt to establish themselves as a permitted use in the downtown before being potentially prohibited/conditioned, staff recommended that the City Council consider a moratorium on these uses, awaiting the Planning Commission's recommendation. The attached Ordinance placed up to a six-month moratorium on 63 currently permitted uses or conditioned uses that are allowed in the CB and GB Zones. The six-month moratorium should provide adequate time for the Planning Commission to complete its work and for the City Council to take action on the Commission's recommendation. ALTERNATIVES: 1. Hold a public hearing and take public testimony on the moratorium 2. Do not hold a public hearing and do not take public testimony on the moratorium RECOMMENDED ACTION: 1. I MOVE TO OPEN THE PUBLIC HEARING ON ORDINANCE NO. 540. 2. I MOVE TO OPEN THE PUBLIC TESTIMONY PORTION OF THE PUBLIC HEARING. (RECEIVE STAFF REPORT AND THEN PUBLIC COMMENTS) 3. I MOVE TO CLOSE THE PUBLIC HEARING ON ORDINANCE NO. 540. No additional action is necessary to leave Ordinance No. 540 in effect. Attachment 1: Ordinance No. 540 (Approved) Attachment 2: RCW 35A.63.220 and RCW 36.70A.390 1
Attachment 1 ORDINANCE NO. 540 AN ORDINANCE OF THE CITY OF WOODINVILLE, WASHINGTON, ADOPTED PURSUANT TO RCW 35A.63.220 AND RCW 36,70A.390; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT AND PROCESSING OF APPLICATIONS FOR PERMITS FOR THE ESTABLISHMENT, OPERATION, AND/OR MAINTENANCE OF CERTAIN LAND USES WITHIN THE "GB" AND "CBD" ZONING DISTRICTS; SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SAID MORATORIUM; STATING THE EFFECT ON VESTED RIGHTS; PROVIDING FOR SEVERABILITY; SCHEDULING A PUBLIC HEARING DATE; AUTHORIZING OFFICIAL INTERPRETATIONS BY THE CITY OF WOODINVILLE PLANNING DIRECTOR; DECLARING AN EMERGENCY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE; AND ALLOWING FOR SUMMARY PUBLICATION BY TITLE ONLY. WHEREAS, the Woodinville City Council, has directed the City Planning Commission to study and make recommendation to the City Council regarding the appropriateness of certain uses currently permitted in the CBD and/or GB zoning districts of the City; and WHEREAS, the City Council desires that the uses listed in Appendix A hereto (both by name and by NAIC number) not be expanded or increased within the CBD and/or GB zoning districts until the City Council has received, reviewed and made decisions on which of the uses listed in Appendix A should remain permitted and which should be removed as allowed uses in; and WHEREAS, it is essential that a moratorium prohibiting the vesting of new applications for the uses listed in Appendix A become immediately effective in order for the purpose and intent of this Ordinance to be accomplished; and WHEREAS, the City is permitted by RCW 35A.63.220 and RCW 36.70A.390 to impose a moratorium for up to six months without a public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODINVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS; Section 1. Moratorium Imposed/Term. The City Council hereby imposes a moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of the land uses listed in Appendix A hereto, which appendix by this reference is incorporated herein as if specifically set forth. This Wan of the moratorium shall be six months from the effective date of this ordinance unless extended or earlier terminated by ordinance of the City Council. Section 2. Findings The Woodinville City Council hereby adopts by reference the recitals set forth above as findings in support of the moratorium imposed by this ordinance. Section 3. Effect upon Vested Rights. The moratorium imposed under Section 1 of this ordinance shall apply prospectively only, and shall operate to prevent the acceptance and processing of any permit application submitted after the effective date of this Ordinance. Nothing in this ordinance shall be construed to extinguish, limit or otherwise infringe upon any Page 1 of 5 Ordinance No. 2
permit applicant's vested development rights as defined by state law and City of Woodinville regulations with respect to any complete permit application submitted before the effective date hereof. 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. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, a public hearing on the moratorium imposed under Section 1 of this ordinance is hereby scheduled for February 5, 2013, at 7:00 p.m. or as soon thereafter can be heard, in the City Council Chambers of Woodinville City Hall, 17301 133rd Avenue NE. The City Clerk is authorized and directed to provide public notice of said hearing in accordance with applicable City standards The City Council may in its discretion adopt additional findings of fact at the conclusion of said hearing. Section 6. Interpretative Authority. The City of Woodinville Planning Director is hereby authorized to issue official interpretations arising under or otherwise necessitated by this ordinance. Section 7. Declaration of Emergency, Effective Date and Authorization for Summary Publication. The City Council declares an emergency for the protection of the public welfare and to enable the purpose and intent of this Ordinance to be accomplished. This Ordinance shall take effect immediately when approved by the City Council. Publication may be by summary publication of the ordinance title. PASSED by the City Council of the City of Woodinville this 8th day of January, 2013 on first reading. The requirement for a second reading having been suspended pursuant to council motion. ADOPTED BY THE CITY COUNCIL AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS 8th DAY OF JANUARY, 2013. ATTEST/AUTHENTICATED: Lik."1/4 Jen ifer KLihn City Clerk/CMC Page 2 of 5 Ordinance No. 3
Attachment 1 APPROVED AS TO FORM: PASS D THE CITY COUNCIL: 1-8-2013 PUBLISHED: 1-14-2013 EFFECTIVE DATE: 1-8-2013 ORDINANCE NO. 540 Page 3 of 5 Ordinance No. 4
Attachment 1 Uses that are proposed to be prohibited in the zones Ordinance No. 540 - Appendix A CBD and GB Permitted Uses - Moratorium Both Zones CBD only 1. * Mobile Home Park 1. 512132 Drive-in Theater 2. * Destination Resorts 2. 81221 Funeral home/crematory 3. * Marina 3. 81222 Cemetery/Columbarium 4. 71391 * Golf Driving Range 4. 5417 Research, development and testing 5. * Shooting Range 5. * Bulk Retail 6. 71311 Amusement Park 7. 71213 Arboretum * Conference Center 9. 8111L81112 Automotive Repair 10. 81119 Automotive Service. 11. * Public agency or utility yard 12. * Interim recycling facility 13. 236-238 Construction and trade 14. * Individual transportation and taxi base (does not prohibit taxi stands) 15. 4841-2 & 492 Trucking and courier service 16. 53113* Self-service storage 17. 54185 Outdoor advertising service 18. 5324 Machinery and equipment rental 19. * Helistop 20. 4471 Gasoline service. stations 21. 45431 Fuel Dealers 22. 4412 Truck and motorhome dealers 23. 51211 Movie production/distribution 24. * Jail 25. * Secure community transition facility 26. * Work release facility 27. * Public agency animal control facility 28. * Public agency training facility 29, * Nonhydroelectric generation facility 30. * Earth Station 31. 21111 Oil and gas extraction 32. *Wastewater treatment facility 33. * Municipal water production 34. * Airport/Heliport 35. * Landing Field 36. * Transit base 37. * School Bus Base 38. 711212 Racetrack 39. * Fairground 40. 71213 and 71219 Zoo/Wildlife Exhibit 41. 71131 Stadium/Arena Page 4 of 5 Ordinance No.: 5
Attachment 1 Uses that are TO osed to have a chan e in sco e Both zones 1. 61111 Elementary or middle/junior high schools: limited to 15,000 square feet 2. 61111 Secondary or high school limited: to 15,000 square feet. Limited to indoor instruction. Prohibits manufacturing instruction, 3. 61151* Vocation schools: limited to 15,000 square feet. Limited to indoor instruction, Prohibits manufacturing instruction. 4. * Specialized instruction: limited to 15,000 square feet. Limited to indoor instruction. Prohibits manufacturing instruction. 5. * Preschool: limited to 15,000 square feet 6. * School district support facility: Limited to administrative offices. 7. 611620 Gymnastic schools: Limited to 15,000 square feet. 8. 611620 Sports and recreational instruction: limited to 15,000 square feet. 9. 611699 Miscellaneous schools and instruction: limited to 15,000 square feet. 10. * Utility facility: limited to accessory as a permitted use, otherwise a CUP is required. 11. 81293 Automotive parking: required to be within an enclosed structure if it is the primary use. 12. * Motor vehicle and boat dealers: special development criteria in GB zone. Not allowed in pedestrian core design district or civic gateway district. 13. * Transit park and ride lot: requires a special use permit through the essential public facilities process 14. 6112-6113 Junior College and College/University: requires a special use permit through the essential public facilities process. CBD zone 1. 721199* Youth hostel: limited to 25,000 square feet 2. 53212 and 5322-3 Miscellaneous equipment rental: limited to 5322 Consumer Goods Rental GB zone 1. 3271-3279 Stone, clay, glass and concrete products: limited to artists studios Page 5 of 5 Ordinance No. 6
Attachment 2 RCW 35A.63.220 Moratoria, interim zoning controls Public hearing Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207 3.] RCW 36.704,390 Moratoria, interim zoning controls Public hearing Limitation on length Exceptions. A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. [1992 c 207 6.] 7
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Proposed Moratorium for Certain Uses within the CBD and GB Zones: City Council Public Hearing February 5, 2013
Process Planning Commission began work in September 2012 City Council passed 1 st and 2 nd reading on Ordinance #540 on January 8, 2013 City Council will hold a Public Hearing tonight
Proposed Change Would limit certain uses such as: Mobile home parks Golf driving ranges Non-hydroelectric generation facilities Racetracks
Proposed Change in Scope Would limit size of certain uses such as: Elementary school limited to 15,000 sq. ft. Sports and recreational instruction limited to 15,000 sq. ft.
Recommended Action Open the Public Hearing and take testimony on Ordinance #540
Questions?
Public Hearing Document. February 5, 2013 PURPOSE: The Woodinville City Council will conduct a public hearing on February 5, 2013 to receive and consider public testimony on Ordinance No. 540, adopted January 8, 2013, which ordinance imposed a moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of certain land uses within the General Business and Central Business District zoning districts. MEETING DATE: (EXHIBITS WILL BE FILED WITH THE MEETING CLOSING THE PUBLIC HEARING) February 5, 2013 Public Hearing Opened and Closed
EXHIBIT LISTING PURPOSE: The Woodinville City Council will conduct a public hearing on February 5, 2013 to receive and consider public testimony on Ordinance No. 540, adopted January 8, 2013, which ordinance imposed a moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of certain land uses within the General Business and Central Business District zoning districts. MEETING DATE: FEBRUARY 5, 2013 Public Hearing Exhibit Description No. 1 Feb 5, 2013 Public Hearing Notice (DSD stated no parties of record) 2 City of Woodinville staff report From City Manager Rich Leahy, By Development Services Director David Kuhl, To Council - Dated: 02/05/2013 3 PowerPoint Presentation provided by the Development Services Director at the 02/05/2013 Council meeting 4 Public Hearing Sign-In Sheet 02/05/2013 Number of pages 2 8 6 1 M:\EXEC DEPT \City Clerk\Public Hearings and Ballot Measures \Exhibits \2013 \Exhibits for Ord 540 Imposted Moratorium GB CB Zones.doc
CITY OF WOODI LLE 17301 133rd Avenue NE WOODINVILLE, WA 98072 (425) 489-2700 FAX (425) 489-2705 NOTICE OF PUBLIC H NG Regarding a Temporary Moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of certain land uses within the General Business and Central Business District zoning districts. PURPOSE: The Woodinville City Council will conduct a public hearing on February 5, 2013 to receive and consider public testimony on Ordinance No. 540, adopted January 8, 2013, which ordinance imposed a moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of certain land uses within the General Business and Central Business District zoning districts. The City Council may adopt additional findings of fact in support of the moratorium, or take other action with respect to the moratorium at the conclusion of the public hearing. Copies of the staff report will be available seven (7) days prior to the public hearing on our website at http://woodinville.granicus.com/viewpublisher.php?view id=2, (on this page select the agenda for the corresponding meeting) or at Woodinville City Hall located at 17301 133rd Avenue NE, Woodinville, Washington. Copies of Ordinance No. 540 are available on our website at http://ci.woodinville.wa.us/cityhall/ordinances.asp All interested parties may appear and provide testimony to the City Council on the above proposals during the hearing. Written comments will be accepted up to and at the hearing. Comments should be addressed to the City Council at the mailing address shown above or email citycouncil(a,ci.woodinville.wa.us. For additional information on the public hearing, please contact Jennifer Kuhn, City Clerk at 425-877-2262 or email jenniferk na or the Responsible Official, David Kuhl, Development Services Director at 425-489-2754, x 2271 or email davekci.woodinville.wa.us. DATE/TIME: Tuesday, February 5, 2013 7:00 p.m. or as soon thereafter as may be heard. LOCATION: Woodinville City Hall 17301 133rd Avenue NE Council Chambers Woodinville, WA 98072 DATED this 16th day of January 2013. Jennifer Kuhn City Clerk/CMC Faxed to: News Media Emailed to: 1) City Staff, 2) Council & 3) City Attorney Post: 1) In-house, 2) Post Office & 3) Website Published: Woodinville Weekly January 21 & 28, 2013 Mailed to: Party of Record CAUsers \jenniferk\appdata\local Nicrosoft\Windows \ Temporary Internet Files \OLKF872\PH on Ord 540 Moratorium 2-5-2013.doc
CITY OF WOODINVILLE 17301 133rd Avenue NE WOODINVILLE, WA 98072 (425) 489-2700 FAX (425) 489-2705 NOTICE OF PUBLIC HEARING Regarding a Temporary Moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of certain land uses within the General Business and Central Business District zoning districts. PURPOSE: The Woodinville City Council will conduct a public hearing on February 5, 2013 to receive and consider public testimony on Ordinance No. 540, adopted January 8, 2013, which ordinance imposed a moratorium upon the receipt and processing - of applications for permits for the establishment, operation, and/or maintenance of certain land uses within the General Business and Central Business District zoning districts. The City Council may adopt additional findings of fact in support of the moratorium, or take other action with respect to the moratorium at the conclusion of the public hearing. Copies of the staff report will be available seven (7) days prior to the public hearing on our website at http://woodinville.granicus. comniewpublisher.php?view_id=2, (on this page select the agenda for the corresponding meeting) or at Woodinville City Hall located at 17301 133rd. Avenue NE, Woodinville, Washington, Copies of Ordinance No. 540 are available on our website at http:// ci.woodinville.wa.us/cityhall/ordinances.asp. All interested parties may appear and provide testimony to the City Council on the above proposals during the hearing. Written comments will be accepted up to and at the hearing. Comments should be addressed to the City Council at the mailing address shown above or email citycouncil ci.woodinville.wa.us.- For additional information on the public hearing, please contact Jennifer Kuhn, City Clerk at 425-877-2262 or email jenniferk@ci.woodinville.wa.us or the Responsible Official, David Kuhl, Development Services Director at 425-489-2754, x 2271 or email davek@ci.woodinville.wa.us. DATE/TIME: Tuesday, February 5, 2013 7:00 p.m. or as soon thereafter as may be heard. LOCATION: Woodinville City Hall. 17301 133rd Avenue NE Council Chambers Woodinville, WA 98072 DATED this 16th day of January 2013. Jennifer Kuhn. City Clerk/CMC Published January 21st and 28th. 2013
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: 02/05/13 From: Richard A. Leahy, City Manager By: David Kuhl, Development Services Director Subject: Public Hearing for Ordinance No. 540, establishing a Moratorium on Certain Land Uses within the General Business and Central Business Districts ISSUE: Shall the City Council hold a public hearing and take public testimony for Ordinance No. 540 which established a moratorium on certain land uses within the General Business (GB) and Central Business Districts (CBD)? RECOMMENDATION: To hold the public hearing and take public testimony on Ordinance 540. POLICY ISSUE/BACKGROUND DISCUSSION: On January 8, 2013, by a 7-0 vote, the City Council passed first and second reading and adopted Ordinance No. 540 to enact a moratorium of up to six months to prohibit certain uses within the Central Business (CBD) and General Business (GB) Districts. State Law requires that a public hearing be held on moratorium within 60 days of adoption. Tonight's hearing is fulfills the requirement to hold that public hearing. Previously, the Council approved a Docket Item to study the removal and/or conditioning of incompatible "permitted uses" in the CBD and GB Zones. The Planning Commission has been actively studying this matter since September 2012 and is preparing a recommendation that is expected to be presented to the City Council in March/April 2013. In recognition that one or more of these identified "incompatible uses" may attempt to establish themselves as a permitted use in the downtown before being potentially prohibited/conditioned, staff recommended that the City Council consider a moratorium on these uses, awaiting the Planning Commission's recommendation. The attached Ordinance placed up to a six-month moratorium on 63 currently permitted uses or conditioned uses that are allowed in the CB and GB Zones. The six-month moratorium should provide adequate time for the Planning Commission to complete its work and for the City Council to take action on the Commission's recommendation. ALTERNATIVES: 1. Hold a public hearing and take public testimony on the moratorium 2. Do not hold a public hearing and do not take public testimony on the moratorium RECOMMENDED ACTION: 1. I MOVE TO OPEN THE PUBLIC HEARING ON ORDINANCE NO. 540. 2. I MOVE TO OPEN THE PUBLIC TESTIMONY PORTION OF THE PUBLIC HEARING. (RECEIVE STAFF REPORT AND THEN PUBLIC COMMENTS) 3. I MOVE TO CLOSE THE PUBLIC HEARING ON ORDINANCE NO. 540. No additional action is necessary to leave Ordinance No. 540 in effect. Attachment 1: Ordinance No. 540 (Approved) Attachment 2: RCW 35A.63.220 and RCW 36.70A.390 1
ORDINANCE NO. 540 AN ORDINANCE OF THE CITY OF WOODINVILLE, WASHINGTON, ADOPTED PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390; IMPOSING A TEMPORARY MORATORIUM UPON THE RECEIPT AND PROCESSING OF APPLICATIONS FOR PERMITS FOR THE ESTABLISHMENT, OPERATION, AND/OR MAINTENANCE OF CERTAIN LAND USES WITHIN THE "GB" AND "CBD" ZONING DISTRICTS; SETTING FORTH FINDINGS OF FACT IN SUPPORT OF SAID MORATORIUM; STATING THE EFFECT ON VESTED RIGHTS; PROVIDING FOR SEVERABILITY; SCHEDULING A PUBLIC HEARING DATE; AUTHORIZING OFFICIAL INTERPRETATIONS BY THE CITY OF WOODINVILLE PLANNING DIRECTOR; DECLARING AN EMERGENCY AND ESTABLISHING AN IMMEDIATE EFFECTIVE DATE; AND ALLOWING FOR SUMMARY PUBLICATION BY TITLE ONLY. WHEREAS, the Woodinville City Council, has directed the City Planning Commission to study and make recommendation to the City Council regarding the appropriateness of certain uses currently permitted in the CBD and/or GB zoning districts of the City; and WHEREAS, the City Council desires that the uses listed in Appendix A hereto (both by name and by NAIC number) not be expanded or increased within the CBD and/or GB zoning districts until the City Council has received, reviewed and made decisions on which of the uses listed in Appendix A should remain permitted and which should be removed as allowed uses in; and WHEREAS, it is essential that a moratorium prohibiting the vesting of new applications for the uses listed in Appendix A become immediately effective in order for the purpose and intent of this Ordinance to be accomplished; and WHEREAS, the City is permitted by RCW 35A.63.220 and RCW 36.70A.390 to impose a moratorium for up to six months without a public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODINVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 Moratorium Imposed/Term. The City Council hereby imposes a moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of the land uses listed in Appendix A hereto, which appendix by this reference is incorporated herein as if specifically set forth. This term of the moratorium shall be six months from the effective date of this ordinance unless extended or earlier terminated by ordinance of the City Council. Section 2. Findings. The Woodinville City Council hereby adopts by reference the recitals set forth above as findings in support of the moratorium imposed by this ordinance: Section 3. Effect upon Vested Rights. The moratorium imposed under Section 1 of this ordinance shall apply prospectively only, and shall operate to prevent the acceptance and processing of any permit application submitted after the effective date of this Ordinance. Nothing in this ordinance shall be construed to extinguish, limit or otherwise infringe upon any Page 1 of 5 Ordinance No. 2
permit applicant's vested development rights as defined by state law and City of Woodinville regulations with respect to any complete permit application submitted before the effective date hereof. 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. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, a public hearing on the moratorium imposed under Section 1 of this ordinance is hereby scheduled for February 5, 2013, at 7:00 pm. or as soon thereafter can be heard, in the City Council Chambers of Woodinville City Hall, 17301 133rd Avenue NE. The City Clerk is authorized and directed to provide public notice of said hearing in accordance with applicable City standards. The City Council may in its discretion adopt additional findings of fact at the conclusion of said hearing. Section 6. Interpretative Authority. The City of Woodinville Planning Director is hereby authorized to issue official interpretations arising under or otherwise necessitated by this ordinance. Section 7. Declaration of Emergency, Effective Date and Authorization for Summary Publication. The City Council declares an emergency for the protection of the public welfare and to enable the purpose and intent of this Ordinance to be accomplished. This Ordinance shall take effect immediately when approved by the City Council. Publication may be by summary publication of the ordinance title. PASSED by the City Council of the City of Woodinville this 8 th day of January, 2013 on first reading. The requirement for a second reading having been suspended pursuant to council motion. ADOPTED BY THE. CITY COUNCIL AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS 8th DAY OF JANUARY, 2013. ATTEST/AUTHENTICATED: Bernard W. Talmas, Mayor Jen ifer KUin City Clerk/CMC Page 2 of 5 Ordinance No. 3
APPROVED AS TO FORM: Gree Ru steln ity Attorney PASS Y THE CITY COUNCIL: 1-8-2013 PUBLISHED: 1-14-2013 EFFECTIVE DATE: 1-8-2013 ORDINANCE NO. 540 Page 3 of 5 Ordinance No. 4
Attachment 1 Uses that are proposed to be prohibited in the zones Ordinance No. 540 - Appendix A CBD and GB Permitted Uses - Moratorium Both Zones CBD only 1. * Mobile Home Park 1. 512132 Drive-in Theater 2. * Destination Resorts 2. 81221 Funeral home/crematory 3. * Marina 3. 81222 Cemetery/Colnmbarium 4. 71391* Golf Driving Range 4. 5417 Research, development and testing 5. * Shooting Range 5. * Bulk Retail 6. 71311 Amusement Park 7. 71213 Arboretum 8. * Conference Center 9. 81111:81112 Automotive Repair 10. 81119 Autoinotive Service. 11. * Public agency or utility yard 12. * Interim recycling facility 13. 236-238 Construction and trade 14. * Individual transportation and taxi base (does not prohibit taxi stands) 15. 4841-2 & 492 Trucking and courier service 16. 53113 * Self-service storage 17. 54185 Outdoor advertising service 18. 5324 Machinery and equipment rental 19. * Helistop 20. 4471 Gasoline service stations 21. 45431 Fuel Dealers 22. 4412 Truck and motorhome dealers 23. 51211 Movie production/distribution 24. * Jail 25. * Secure community transition facility 26. * Work release facility 27. * Public agency animal control facility 28. * Public agency training facility 29. * Nonhydroelectric generation facility 30. * Earth Station 31. 21111 Oil and gas extraction 32. *Wastewater treatment facility 33. * Municipal water production 34. * Airport/Heliport 35. * Landing Field 36. * Transit base 37. * School Bus Base 38. 711212 Racetrack 39. * Fairground 40. 71213 and 71219 Zoo/Wildlife Exhibit 41. 71131 Staditun/Areria Page 4 of 5 Ordinance No. : 5
Attachment 1 Uses that are proposed to have a change in scope Both zones 1. 61111 Elementary or middle/junior high schools: limited to 15,000 square feet 2. 61111 Secondary or high school limited: to 1:5,000 square feet. Limited to indoor instruction. Prohibits manufacturing instruction, 3. 61 151* Vocation schools: limited to 15,000 square feet. Limited to indoor instruction. Prohibits manufacturing instruction. 4. * Specialized instruction: limited to 15,000 square feet. Limited to indoor instruction. Prohibits manufacturing instruction. 5. * Preschool: limited to 15,000 square feet 6. * School district support facility: Limited to administrative offices, 7. 611620 Gymnastic schools: Limited to 15,000 square feet. 8. 611620 Sports and recreational instruction: limited to 15,00 :0 square feet. 9. 611699 Miscellaneous schools and instruction: limited to 15,000 square feet. 10. * Utility facility: limited to accessory as a permitted use, otherwise a CUP is required. 11. 81293 Automotive parking: required to be within an enclosed structure if it is the primary use. 12. * Motor vehicle and boat dealers: special development criteria in GB zone. Not allowed in pedestrian core design district or civic gateway district. 13. * Transit park and ride lot: requires a special use permit through the essential public facilities process 14. 6112-6113 Junior College and College/University: requires a special use permit through the essential public facilities process. CBD zone 1. 721199* Youth hostel: limited to 25,000 square feet 2. 53212 and 5322-3 Miscellaneous equipment rental: limited to 5322 Consumer Goods Rental GB zone 1. 3271-3279 Stone, clay, glass and concrete products: limited to artists studios Page 5 of 5 Ordinance No. 6
Attachment 2 RCW 35A.63.220 Moratoria, interim zoning controls Public hearing Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207 3.] RCW 36.70A.390 Moratoria, interim zoning controls Public hearing Limitation on length Exceptions. A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. [1992 c 207 6.] 7
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---End--- February 5, 2013: Public Hearing Exhibits PURPOSE: The Woodinville City Council will conduct a public hearing on February 5, 2013 to receive and consider public testimony on Ordinance No. 540, adopted January 8, 2013, which ordinance imposed a moratorium upon the receipt and processing of applications for permits for the establishment, operation, and/or maintenance of certain land uses within the General Business and Central Business District zoning districts.