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ORD 16-825ORDINANCE NO. 16 -825 AN ORDINANCE of the City of Federal Way, Washington, renewing a six -month moratorium on the expansion or creation of multi- family housing within the City. WHEREAS, on June 7, 2016, the City of Federal Way City Council passed Ordinance No. 16 -821 imposing a six -month moratorium on the creation or expansion of multi - family development within the City's 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; and WHEREAS, City Council imposed the moratorium to review multi - family housing zoning and development regulations to determine the appropriateness of such zoning and development regulations for the type of multi - family development the City Council envisions for the RM, BN, BC, CE, CC -C, and CC -F zoning districts; and WHEREAS, City staff has been researching regulations for multi - family development to achieve the vision of the City Council; and WHEREAS, City staff briefed the Planning Commission on October 5, 2016 with its research and findings; and WHEREAS, City staff briefed the City Council on October 18, 2016 with the same; and WHEREAS, during the October 18, 2016 City Council briefing, Council requested staff to conduct further research and report back with additional information; and WHEREAS, as part of the additional research, a work plan will be created to analyze potential changes to the City's multi- family zoning and development regulations; and WHEREAS, the City Council desires to maintain the status quo while these multi - family zoning categories and development regulations are further reviewed; and Ord No 16 -825 Page 1 of 4 WHEREAS, the renewal of the moratorium on multi - family housing for an additional six - months will provide City staff with the time required to complete the review and revision of City zoning and development regulations; 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 justify the renewal of this moratorium as a public emergency ordinance necessary for the protection of public health, public safety, public property, or the public peace by the City Council; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to adopt and renew moratoria; and WHEREAS, City Council held a public hearing at the December 6, 2016 regular City Council meeting to consider and discuss the renewal of the moratorium imposed by Ordinance No. 16 -821; and WHEREAS, the City desires that the renewal of the moratorium take effect immediately; 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 renewal of the moratorium is necessary to provide the City with sufficient time to review zoning and development regulations for multi - family housing. c) A renewal of the moratorium is necessary to preserve the status quo while the City reviews these regulations. Section 2. Moratorium Renewed. The moratorium on multi - family housing imposed by Ordinance No. 16 -821 shall be renewed. Ord No 16 -825 Page 2 of 4 Section 3. Duration of Moratorium. This moratorium shall be in effect for six months from the effective date of this ordinance. Section 4. Planning Commission Work Program. The 2017 Planning Commission Work Program shall include code amendments related to multi - family housing within the RM, BN, BC, CE, CC -C, and CC -F zoning districts. Section 5. Work Plan. A work group consisting of City staff from the Community Development Department is hereby established to create a work plan to review the zoning and development regulations pertaining to multi - family housing and to propose amendments to the Federal Way Revised Code. Section 6. Public Hearing. A public hearing for this moratorium was held on December 6, 2016 at the City Council's regular meeting. Section 7. 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 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. The Council finds that this moratorium is necessary for Ord No 16 -825 Page 3 of 4 immediate preservation of public peace, health, 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 6th day of December 2016. ATTEST: CI C ERK, STEPHANIE RTNEY, CMC APPROVED AS TO FORM: ACTING CITY ATTORNEY, 3. ?No, G, j,\ FILED WITH THE CITY CLERK: 12/02/2016 PASSED BY THE CITY COUNCIL: 12/06/2016 PUBLISHED: 12/09/2016 EFFECTIVE DATE: 12/06/2016 ORDINANCE NO.: 16 -825 Ord No 16 -825 Page 4 of 4