STAFF REPORT NO

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STAFF REPORT NO. 080-17

TO: Mayor and City Council DATE: 7/10/2017

FROM: Eric Holmes, City Manager 7/17/2017

Subject: Public Hearing on moratorium on the acceptance and processing of applications for permits for the development of new structures; the expansion of existing structures; or subdivisions in the Tower Mall area which is that area bounded by East Mill Plain Blvd. on the north, North Devine Rd. on the east, and MacArthur Blvd. on the west.

Key Points:

 State law allows cities and counties to place temporary moratoria on particular uses for up to six months while studies are conducted related to such uses and how they should be regulated.

 On June 5, 2017, City Council adopted Ordinance M-4201 placing an emergency 6-month moratorium on the acceptance and processing of applications for permits for the development of new structures; the expansion of existing structures; or subdivisions in the Tower Mall area.

 State law requires Council to hold a hearing on the moratorium and its continuance within 60 days of the adoption of the ordinance initially imposing the moratorium.

 The attached ordinance includes a series of findings of fact subsequent to initial adoption of the moratorium that are being recommended for adoption in support of the moratorium.

Objective: On July 17, 2017, conduct a public hearing and adopt a findings related to the moratorium adopted by Council on June 5, 2017. This action and the planning and redevelopment it contemplates support Goal 6 (Facilitate the creation of neighborhoods where residents can walk or bike to essential amenities and services- “20-minutes neighborhoods”) and Goal 8 (Strengthen commercial, retail and community districts throughout the city) of the City’s Strategic Plan.

Present Situation: The existing moratorium prohibits the acceptance and processing of applications for permits for the development of new structures; the expansion of existing structures;

or subdivisions in the Tower Mall area until December 5, 2017. The ordinance will provide staff time to prepare a subarea plan for the area, any related land use regulations, and conduct the required environmental review process. If additional time is needed to complete the planning process, the moratorium may be extended in the future subject to additional hearings. The City recently acquired 12 acres of the 25-acre site. The moratorium is necessary to avoid applications for uses that would conflict with the achievement of the long-range vision for this area that will be defined by the subarea plan.

Advantage(s):

1. Allows the City time to develop a subarea plan for the Tower Mall area, amendments to Title 20, and conduct the required environmental review process.

2. Allows time for a public process to participate in the subarea plan development and review of and comment on any proposed changes to land use regulations and environmental review.

3. Avoids applications for uses that would conflict with the achievement of the long-range vision for this area that will be defined by the subarea plan.

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Staff Report 080-17 7/10/2017

7/17/2017 Page 2 of 2

Disadvantage(s): Prohibits the acceptance and processing of applications for permits for the development of new structures; the expansion of existing structures; or subdivisions in the Tower Mall area that would conflict with the achievement of the long-range vision for this area that will be defined by the subarea plan.

Budget Impact: None

Prior Council Review:

1. June 5, 2017 adoption of moratorium ordinance M-4201 Action Requested:

1. On July 10, 2017, approve ordinance on first reading, setting date of second reading and public hearing for July 17, 2017.

2. On July 17, 2017 subject to second reading and public hearing, approve the ordinance.

Attachments: Proposed Ordinance Continuing Moratorium

To request other formats, please contact:

. City Manager’s Office

(360) 487-8600 | WA Relay: 711 [email protected]

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07/10/17 07/17/17

ORDINANCE NO._______

AN ORDINANCE declaring an emergency, making findings and continuing the temporary moratorium imposed by ordinance M-4201 to be effective through December 5, 2017, upon the acceptance and processing of applications for permits for the development of new structures; the expansion of existing structures; or subdivisions in the Tower Mall area as defined herein; and establishing an immediate effective date.

WHEREAS, the City of Vancouver has the authority to adopt temporary moratoria pursuant to RCW 36.70A.390 and 35.63.200; and

WHEREAS, on June 5, 2017, The Vancouver City Council adopted ordinance M-4201 to establish an emergency moratorium upon the acceptance and processing of applications for permits for the development of new structures; the expansion of existing structures; or subdivisions in the Tower Mall area; and

WHEREAS, state law requires the City to hold a public hearing within 60 days of the adoption of the emergency ordinance; and

WHEREAS, on July 17, 2017, pursuant to the requirements of RCW 36.70A.390 and RCW 35.63.200, the City Council held a public hearing and adopted findings in support thereof; and

WHEREAS, the City intends to undertake the development of a subarea plan for the Tower Mall area which is that area bounded by East Mill Plain Blvd. on the north, North Devine Rd. on the east, and MacArthur Blvd. on the west and is depicted on the map attached hereto as

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Exhibit A; and

WHEREAS, on June 28, 2017, the City made a significant investment in the Tower Mall area by purchasing 12 acres of land and buildings thereon; and

WHEREAS, the City Council finds that in order to preserve the ability to prepare a subarea plan for the Tower Mall area with the widest range of choices and alternatives for future development, it is necessary to temporarily restrict development of new structures; the expansion of existing structures; and subdivisions within the Tower Mall area until a subarea plan is developed; and

WHEREAS, without a temporary moratorium the City could, in the near future, receive applications for development that would conflict with the achievement of the long-range vision for this area that will be defined by the subarea plan; and

WHEREAS, the enactment of this ordinance constitutes an emergency, due to potential land use impacts that may result from continued development in the Tower Mall area without the implementation of a subarea plan; and

WHEREAS, current land use regulations in this area do not adequately address long-term planning strategies, or aesthetic congruity with the community; and

WHEREAS, continuing a temporary moratorium as proposed herein will allow the City additional time to research and develop a subarea plan for the area; conduct environmental review; implement additional new regulation elements, and amend existing zoning ordinances if necessary; and

WHEREAS, continuing a temporary moratorium will enable the City to hold public hearings and maximize public input in the development of the new subarea plan without jeopardizing any possible land use options that may be precluded by unrestricted development;

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ORDINANCE - 5

and

WHEREAS, the City Council believes that the continuation of the temporary moratorium promotes the public health, safety, and general welfare and convenience of the people of Vancouver, and will encourage the most desirable and productive use of land and properties in Tower Mall area;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF VANCOUVER:

Section 1. Findings. The City Council of the City of Vancouver makes the following findings: (a) those findings contained in the recitals to this Ordinance; (b) and those findings contained in the recitals to Ordinance M-4201 are reaffirmed. As authorized by RCW 36.70A.390 and RCW 35.63.200, the City Council hereby continues the temporary moratorium imposed by ordinance M-4201 on the acceptance, processing, and granting of applications for permits for the development of new structures; the expansion of existing structures; and subdivisions within the Tower Mall area as defined herein.

Section 2. Exemptions. The moratorium established in Section 1 of this ordinance shall not apply to permits required for upkeep, repair, or maintenance of existing buildings or properties, or work mandated by the City to maintain public health and safety.

Section 3. Duration. This moratorium shall be in effect through December 5, 2017.

Section 4. Vested Rights. The moratorium created by this ordinance does not apply to properties with vested rights existing on the date of enactment ordinance M-4201. “Vested Rights” shall be defined in accordance with VMC 20.210.110.

Section 5. Effective date. This ordinance shall become effective immediately upon passage.

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Read the first time:

Ayes: Councilmembers Nays: Councilmembers Absent: Councilmembers Read the second time:

PASSED BY THE FOLLOWING VOTE:

Ayes: Councilmembers Nays: Councilmembers Absent: Councilmembers

SIGNED this ________ day of _________________________, 2017.

_________________________________

Timothy D. Leavitt, Mayor

Attest:

_________________________________

R. Lloyd Tyler, City Clerk

By: Carrie Lewellen, Deputy City Clerk

Approved as to form:

_________________________________

E. Bronson Potter, City Attorney

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ORDINANCE - 7

SUMMARY

ORDINANCE NO. __________

The full text of this ordinance will be mailed upon request. Contact Raelyn McJilton, Records Officer at 487-8711, or via www.cityofvancouver.us (Go to City Government and Public Records).

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EXHIBIT A: PROPERTIES SUBJECT TO DEVELOPMENT MORATORIUM

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07/10/17 07/17/17

ORDINANCE NO._______

WHEREAS, the City of Vancouver has the authority to adopt temporary moratoria pursuant to RCW 36.70A.390 and 35.63.200; and

WHEREAS, on June 5, 2017, The Vancouver City Council adopted ordinance M-4201 to establish an emergency moratorium upon the acceptance and processing of applications for permits for the development of new structures; the expansion of existing structures; or subdivisions in the Tower Mall area; and

WHEREAS, state law requires the City to hold a public hearing within 60 days of the adoption of the emergency ordinance; and

WHEREAS, on July 17, 2017, pursuant to the requirements of RCW 36.70A.390 and RCW 35.63.200, the City Council held a public hearing and adopted findings in support thereof; and

WHEREAS, the City intends to undertake the development of a subarea plan for the Tower Mall area which is that area bounded by East Mill Plain Blvd. on the north, North Devine Rd. on the east, and MacArthur Blvd. on the west and is depicted on the map attached hereto as

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Exhibit A; and

WHEREAS, on June 28, 2017, the City made a significant investment in the Tower Mall area by purchasing 12 acres of land and buildings thereon; and

WHEREAS, the City Council finds that in order to preserve the ability to prepare a subarea plan for the Tower Mall area with the widest range of choices and alternatives for future development, it is necessary to temporarily restrict development of new structures; the expansion of existing structures; and subdivisions within the Tower Mall area until a subarea plan is developed; and

WHEREAS, without a temporary moratorium the City could, in the near future, receive applications for development that would conflict with the achievement of the long-range vision for this area that will be defined by the subarea plan; and

WHEREAS, the enactment of this ordinance constitutes an emergency, due to potential land use impacts that may result from continued development in the Tower Mall area without the implementation of a subarea plan; and

WHEREAS, current land use regulations in this area do not adequately address long-term planning strategies, or aesthetic congruity with the community; and

WHEREAS, continuing a temporary moratorium as proposed herein will allow the City additional time to research and develop a subarea plan for the area; conduct environmental review; implement additional new regulation elements, and amend existing zoning ordinances if necessary; and

WHEREAS, continuing a temporary moratorium will enable the City to hold public hearings and maximize public input in the development of the new subarea plan without jeopardizing any possible land use options that may be precluded by unrestricted development;

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ORDINANCE - 5

and

WHEREAS, the City Council believes that the continuation of the temporary moratorium promotes the public health, safety, and general welfare and convenience of the people of Vancouver, and will encourage the most desirable and productive use of land and properties in Tower Mall area;

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF VANCOUVER:

Section 1. Findings. The City Council of the City of Vancouver makes the following findings: (a) those findings contained in the recitals to this Ordinance; (b) and those findings contained in the recitals to Ordinance M-4201 are reaffirmed. As authorized by RCW 36.70A.390 and RCW 35.63.200, the City Council hereby continues the temporary moratorium imposed by ordinance M-4201 on the acceptance, processing, and granting of applications for permits for the development of new structures; the expansion of existing structures; and subdivisions within the Tower Mall area as defined herein.

Section 2. Exemptions. The moratorium established in Section 1 of this ordinance shall not apply to permits required for upkeep, repair, or maintenance of existing buildings or properties, or work mandated by the City to maintain public health and safety.

Section 3. Duration. This moratorium shall be in effect through December 5, 2017.

Section 4. Vested Rights. The moratorium created by this ordinance does not apply to properties with vested rights existing on the date of enactment ordinance M-4201. “Vested Rights” shall be defined in accordance with VMC 20.210.110.

Section 5. Effective date. This ordinance shall become effective immediately upon passage.

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Read the first time:

Ayes: Councilmembers Nays: Councilmembers Absent: Councilmembers Read the second time:

PASSED BY THE FOLLOWING VOTE:

Ayes: Councilmembers Nays: Councilmembers Absent: Councilmembers

SIGNED this ________ day of _________________________, 2017.

_________________________________

Timothy D. Leavitt, Mayor

Attest:

_________________________________

R. Lloyd Tyler, City Clerk

By: Carrie Lewellen, Deputy City Clerk

Approved as to form:

_________________________________

E. Bronson Potter, City Attorney

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ORDINANCE - 7

SUMMARY

ORDINANCE NO. __________

The full text of this ordinance will be mailed upon request. Contact Raelyn McJilton, Records Officer at 487-8711, or via www.cityofvancouver.us (Go to City Government and Public Records).

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STAFF REPORT NO

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EXHIBIT A: PROPERTIES SUBJECT TO DEVELOPMENT MORATORIUM

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