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ORD 16-821ORDINANCE NO. 16 -821 AN ORDINANCE of the City of Federal Way, Washington, imposing a six -month moratorium on the expansion or creation of multi - family housing within the City, amending the Planning Commission Work Program, and setting a date for a public hearing. WHEREAS, the Multi- Family Residential ( "RM "), Neighborhood Business ( "BN "), Community Business ( "BC "), Commercial Enterprise ( "CE "), City Center Core ( "CC -C "), and City Center Frame ( "CC -F ") zoning districts allow multi - family housing (also referred to as "detached or stacked dwelling units," "stacked dwelling units," "multiple -unit housing," and "multi -unit housing" in the use zone charts for the above listed zoning districts), either as a stand -alone use or as a mixed -use component of a project; and WHEREAS, Council desires to review multi - family housing zoning and development regulations to determine whether such zoning and development regulations are appropriate for the type of multi - family development the City envisions for the RM, BN, BC, CE, CC -C and CC -F zoning districts; and WHEREAS, the City desires to maintain the status quo while these zoning categories and multi - family housing development regulations are reviewed; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium; and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, the desire to maintain the status quo and the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this Ordinance does not take effect immediately, justify the declaration of an emergency and the designation of this Ordinance No. 16 -821 Page 1 of 4 ordinance as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace by the City Council; 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 of fact: (a) The forgoing whereas provisions are adopted as findings of fact. (b) A moratorium is necessary to provide the City with sufficient time to review development and design guidelines for multi - family housing. (c) A moratorium is necessary to preserve the status quo while the City reviews these uses. Section 2. Moratorium Established. No expansion of a current multi - family housing use or creation of a new multi - family housing use shall be allowed in the RM, BN, BC, CE, CC -C and CC -F zoning districts for the duration of this moratorium, with the exception of duplexes, triplexes, accessory dwelling units, townhouses, and cottage housing development. This moratorium on multi - family housing shall include all "detached or stacked dwelling units," "stacked dwelling units," "multiple -unit housing," and "multi -unit housing" in the RM, BN, BC, CE, CC -C and CC -F zoning districts. Section 3. Duration of Moratorium. This moratorium shall be in effect for six months from the effective date of this ordinance. Section 4. Public Hearing. A public hearing for this moratorium will be held on June 21, 2016, at the regularly scheduled City Council Meeting. Ordinance No. 16 -821 Page 2 of 4 Section 5. Planning Commission Work Program. The Planning Commission Work Program is amended to add code amendments related to multi - family housing within the RM, BN, BC, CE, CC -C and CC -F zoning districts. Section 6. 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 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. The Council finds that this moratorium is necessary for immediate preservation of public peace, health and safety, and for the immediate support of City government and is not subject to initiative or referendum pursuant to Chapter 1.30 FWRC. This finding is related to the requirements set forth in RCW 35A.12.130 to allow this ordinance to be effective upon adoption and is not a reference to any recent crimes or criminal activity in the City. This ordinance being approved by a majority plus one of the Council shall take effect and be in full force upon adoption. PASSED by the City Council of the City of Federal Way this 7th day of June, 2016. Ordinance No. 16 -821 Page 3 of 4 CITY OF FEDERAL WAY ATTEST: LERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: FILED WITH THE CITY CLERK: 06/07/2016 PASSED BY THE CITY COUNCIL: 06/07/2016 PUBLISHED: 06/10/2016 EFFECTIVE DATE: 06/07/2016 ORDINANCE NO.: 16 -821 Ordinance No. 16 -821 Page 4 of 4