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ORD 17-838 ORDINANCE NO. 17-838 AN ORDINANCE of the City of Federal Way,Washington,imposing a 12-month moratorium on the expansion or creation of self-service storage facilities, including without limitation the City's acceptance, processing,and approval of land use and building permit applications in the Neighborhood Business, Community Business, and Commercial Enterprise zoning districts within the City, setting forth preliminary supportive findings, amending the Planning Commission Work Program, setting a date for a public hearing, establishing a work plan; declaring an emergency,and providing for an immediate effective date. WHEREAS, the Neighborhood Business ("BN"), Community Business ("BC"), and Commercial Enterprise("CE")zoning districts allow the development and operation of self-service storage facilities; and WHEREAS, applications for (and interest in) the development of self-service storage facilities within the past year would almost triple the number of existing self-storage units; and WHEREAS,Council desires to review the potential impact of this rapid influx of self-storage units upon the City of Federal Way, to review the existing development regulations related to self-service storage facilities to determine whether current zoning and development regulations are adequate to implement the vision, goals, and policies within the adopted Comprehensive Plan; and WHEREAS,the City desires to maintain the status quo while these development regulations are reviewed; and WHEREAS,RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to adopt a moratorium for a period of up to 12 months without notice and public hearing provided that the City holds a public hearing within 60 days after the adoption of this Ordinance and establish a work plan for related studies; and WHEREAS,the adoption of this moratorium is exempt from the requirements of a threshold Ordinance No. 17-838 Page 1 of 5 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, 'usti the declaration of an emergency and the designation of this ordinance as a J fY public emergency ordinance necessary for the protection of public health, public safety, public property, or the public peace by the City Council; and WHEREAS,Council finds that the enactment of this Ordinance constitutes an emergency due to the need to immediately prevent the community detriment that would occur by allowing further self-service storage facility development proposals to vest under the current land use regulations;and WHEREAS,Council finds that conditions exist to warrant a finding of a state of emergency in order to have the moratorium take effect immediately upon a single reading and passage of this ordinance; and WHEREAS, RCW 35A.12.130 permits an ordinance to become effective immediately but requires that it must be passed by a majority plus one of the whole membership of the Council to q p Y J Yp p have such an effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY O FF EDERAL 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) Federal Way Revised Code Section 19.05.190 sets forth the definition of a self- service storage facility. Ordinance No. 17-838 Page 2 of 5 (c) The number of self-service storage units within the City of Federal Way currently equals 4,731 or 0.13 units per household. (d) Within the past year, applications for creation of new self-service storage facilities and pre-applications for development of self-service storage facilities have increased dramatically. (e) The number of self-service storage facility units could increase by close to two hundred percent (200%) to almost 14,000 units, or 0.37 units per household, based on the applications and pre-applications received by the City. (f) Such facilities may be providing service to non-residents who pay no charge to the City for provision of protective services. (g) The potential rapid establishment of such facilities may not fulfill the vision,goals, and policies of the Comprehensive Plan adopted by the City. (h) A moratorium is necessary to provide the City with sufficient time to review development regulations and design guidelines for self-service storage facilities to ensure that they meet the intent of the Comprehensive Plan. (i) A moratorium is necessary to preserve the status quo while the City reviews these regulations. Section 2.Moratorium Established.A temporary development moratorium is hereby imposed upon self-service storage facilities throughout the City's BN,BC,and CE zones.No expansion of a current self-service storage facility use or creation of a new self-service storage facility use shall be allowed in the BN,BC, and CE zones for the duration of this moratorium;however,nothing herein shall be construed as applying to or otherwise interfering with, in contravention of state law, any vested rights that have accrued from specific, complete project permit applications that were Ordinance No. 17-838 Page 3 of 5 submitted to the City prior to the effective date of this moratorium.This moratorium also applies to the City's acceptance,processing,or approval of any applications for building permits and land use permits,including without limitation,development permits,special use permits,variances,and other development permits or approvals for self-service storage facilities in the BN, BC, and CE zones received after the effective date of this moratorium. Section 3. Duration of Moratorium. This moratorium shall be in effect for 12 months from the effective date of this ordinance. Section 4.Public Hearing.A public hearing for this moratorium will be held on October 17, 2017, at the regularly scheduled City Council Meeting. Section 5. Work Plan. Staff is directed to develop a work plan for studies related to this moratorium and potential amendments to the Federal Way Revised Code. Section 6.Planning Commission Work Program.The Planning Commission Work Program is amended to add code amendments related to self-service storage facilities within the BN,BC,and CE zones. 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 Ordinance No. 17-838 Page 4 of 5 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 for a public emergency, necessary for the protection of public health,public safety,public property,or the public peace,and for the immediate support of City government,and is not subject to initiative or referendum pursuant to Chapter 1.30 FWRC. This ordinance shall take effect and be in full force immediately upon adoption. PASSED by the City Council of the City of Federal Way this 5th day of September, 2017. CITY OF FEDERAL WAY: 11 Zite ER' ELL, MAYOR ATTEST: hdius S H NIE COURTNEY, CM TY CLERK APPROVED AS TO FORM: 2rPJ), 02— J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 09/05/2017 PASSED BY THE CITY COUNCIL: 09/05/2017 PUBLISHED: 09/08/2017 EFFECTIVE DATE: 09/05/2017 ORDINANCE NO.: 17-838 Ordinance No. 17-838 Page 5 of 5