Lake Forest Park City Council Agenda Cover Sheet Meeting Date 5/10/2018 Title Ordinance 1175/Extending the Conservation Cluster Housing Moratorium Item Type Work Session Proclamation Special Presentation Public Hearing Consent Calendar Final Confirmation Ordinances & Resolutions Introduction/Referral Council Discussion Action Council Discussion/Action Originating Department Executive Contact Person Phillip Hill, City Administrator Legislative History First Presentation February 8, 2018, regular meeting Second Presentation February 22, 2018, regular meeting Third Presentation March 8, 2018, regular meeting Fourth Presentation April 23, 2018 COW Emergency Adoption April 26, 2018 regular meeting Public Hearing May 10, 2018 regular meeting See below for legislative history adoption Ordinance 1150, Critical Areas Attachments: 1. Ordinance 1175 Executive Summary At the April 26, 2018 regular meeting, the Council adopted Ordinance 1175 extending the existing moratorium to June 14, 2018. The City Council is holding a public hearing at the May 10 meeting to take public testimony and to consider adopting further findings of fact relating to the extension of the moratorium. At the Council Committee of the Whole meeting held on Monday, April 23, 2018 it was requested that the administration prepare an ordinance repealing Section 18.54.042 Conservation Cluster Housing from the Lake Forest Park Municipal Code. The stated goal moving forward is to assess the proper implementation of such a regulation within the City of Lake Forest Park. Such an assessment could include, at a minimum, a housing study to include an analysis of existing inventory, affordability and product type.
The repealing ordinance is a new land use ordinance which requires a public hearing that must be publicized. The existing moratorium was set to expire on or around May 9 th, and the SEPA checklist needed to be updated since it was focused on revising the CCH provisions, not repealing them. To properly proceed with the Council s intended goal of considering repealing Section 18.54.02, while staying application for development under that section, it is necessary to take the following steps: 4/26 Extend the existing moratorium to June 14, 2018 5/10 Discuss and hold a public hearing regarding the repeal of Section 18.54.042 LFPMC and the extension of the moratorium 5/24 Take action on the repeal of Section 18.54.042 LFPMC Background Due to the extensive history related to this subject, provided below is a synopsis prepared by Councilmember French highlighting Council consideration and opportunities for public hearing and comment before adoption by the City Council of Ordinance 1150 regarding Critical Areas: CITY COUNCIL REGULAR MEETING Thursday, January 26, 2017 Public Hearing Ordinances and Resolutions: Ordinance No. 1150 Relating to Protection of Critical Areas, Amending Chapter 18.58 to add a Conditional Use pertaining to Clustered Housing, Amending Section 16.20.060 to Update Flood Insurance Rate Maps SPECIAL COUNCIL COMMITTEE OF THE WHOLE MEETING MONDAY, February 6, 2017 Status Report on Critical Area Regulations CITY COUNCIL WORK SESSION Thursday, February 9, 2017 Status Report on Critical Area Regulations Update and review proposed amendments to Sensitive/Critical Areas Regulations CITY COUNCIL REGULAR MEETING Thursday, February 9, 2017 CONTINUED PUBLIC HEARING Critical Areas Ordinance Update (Public Hearing) SPECIAL COUNCIL COMMITTEE OF THE WHOLE MEETING MONDAY, February 13, 2017 Critical Area Regulations CITY COUNCIL REGULAR MEETING Thursday, February 23, 2017 CONTINUED PUBLIC HEARING Critical Areas Ordinance Update (Public Hearing) Page 2 of 3
Ordinances and Resolutions: Ordinance 1150 Adopting the Critical Areas Ordinance Update CITY COUNCIL SPECIAL COMMITTEE OF THE WHOLE MEETING MONDAY, March 6, 2017 Continued Discussion of Critical Area Regulations CITY COUNCIL WORK SESSION Thursday, March 9, 2017 Critical Areas Ordinance Update Activity: Review proposed final amendments to critical areas regulations CITY COUNCIL REGULAR MEETING Thursday, March 9, 2017 Public Comment Ordinances and Resolutions: Ordinance 1150/Adopting Critical Areas Regulations (Adopted) Fiscal & Policy Implications N/A Alternatives Options No action is recommended at this time other than holding the public hearing N/A Results Staff Recommendation Take public testimony at the hearing and consider adopting further findings of fact relating to the extension of the moratorium. Legal Review Type of Document Title of Document Date Reviewed by Legal Counsel Ordinance 1175 Ordinance Extending Moratorium 4/24/2018 Page 3 of 3
ATTACHMENT 1 ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, ADOPTING AN EXTENSION OF THE MORATORIUM ON CONSERVATION CLUSTER HOUSING; PROVIDING FOR SEVERABILITY; AND PROVIDING THAT THE EXTENSION OF THE MORATORIUM WILL TAKE EFFECT IMMEDIATELY UPON PASSAGE. WHEREAS, Section 18.54.042, Conservation cluster housing, of the Lake Forest Park Municipal Code ( LFPMC ) was adopted in January 2017, as a part of the City s commitment to single family cluster and cottage housing as a low impact development strategy to reduce native vegetation loss and minimize encroachment of critical area buffers; and WHEREAS, the housing product being submitted and proposed pursuant to LFPMC 18.54.042, is not meeting the intent and outcome desired when the City Council adopted conservation cluster housing development regulations; and WHEREAS, on February 8, 2018, the City Council adopted Ordinance No. 1173 imposing a ninety-day moratorium on conservation cluster housing projects; and WHEREAS, the adoption of land use and zoning regulations is a valid exercise of the City s police power and is specifically authorized by RCW 35A.63.100; and WHEREAS, unless the City acts immediately to address conservation cluster housing projects in the City, there may be adverse impacts on the City and its citizens; and WHEREAS, a public hearing on this matter was held on February 22, 2018; and WHEREAS, the City has made substantial progress, but the City requires additional time to complete the process of researching and analyzing appropriate strategies regarding conservation cluster housing; and WHEREAS, the City Council deems it in the public interest to extend the moratorium on conservation cluster housing imposed in Ordinance No. 1173; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PRELIMINARY FINDINGS. The recitals and findings set forth above as well as those previously set forth in Ordinance No. 1173 are hereby adopted as the City Council s findings in support of the moratorium extension in this ordinance. Section 2. MORATORIUM IMPOSED. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the moratorium established by Ordinance 1173 is extended until June 14, 2018, during which the acceptance of applications for conservation cluster housing under Section 18.54.042 LFPMC is prohibited in the City of Lake Forest Park. Section 3. EFFECTIVE PERIOD FOR EXTENSION OF MORATORIUM. The extension of the moratorium set forth in this Ordinance shall be in effect until midnight June 14, 2018 and shall automatically expire at that time unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the City Council. Section 4. VESTED RIGHTS. The moratorium imposed in Section 2 of this Ordinance shall not apply to any rights that have vested prior to the effective date of this Ordinance. Section 5. PUBLIC HEARING. The City Council will hold a public hearing on May 10, 2018, at its regular City Council meeting to take public testimony and to consider adopting further findings of fact. Section 7. CORRECTIONS. The City Clerk is authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. SEVERABILITY. Should any portion of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 9. EFFECTIVE DATE. The City Council hereby finds and declares that there is a potential under current development regulations, for conservation cluster housing to have negative effects if not addressed, and that, therefore, an emergency exists which necessitates that this Ordinance become effective immediately to preserve the public health, safety and welfare. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641, 904 P.2d 317 (1995), non-exhaustive underlying facts necessary to support this emergency declaration are included in the WHEREAS clauses, above, all of which are adopted by reference as findings of fact as if fully set forth herein. The City Clerk is directed to publish a summary of this Ordinance at the earliest possible publication date. Ordinance No. 1175 Page 2 of 3
APPROVED BY A MAJORITY of the Lake Forest Park City Council this day of, 2018. APPROVED: ATTEST/AUTHENTICATED: Jeff Johnson Mayor Evelyn Jahed City Clerk APPROVED AS TO FORM: Kim Adams Pratt City Attorney Introduced: Adopted: Posted: Published: Effective: Ordinance No. 1175 Page 3 of 3