ORD 16-825 - Extending Multi-Family Housing MoratoriumORDINANCE 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
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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.
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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
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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
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