Lake Forest Park City Council Agenda Cover Sheet Meeting Date //01 Title: Ordinance /Amendments to Section 1..0 LFPMC Relating to the Conditional Use Criteria for Conservation Cluster Housing Item Type: Work Session Proclamation Special Presentation Public Hearing Consent Calendar Final Confirmation Originating Department: Planning Ordinances & Resolutions Introduction/Referral Council Discussion Action Council Discussion/Action Contact Person: Planning Director Steve Bennett Legislative History Special Council Committee of the Whole //01 Regular Meeting //01 Council Committee of the Whole //01 Public Hearing //01 Regular Meeting //01 Attachments: 1. Option A - Draft Ordinance revising CCH provisions. Option B - Draft Ordinance repealing CCH provisions Executive Summary Council adopted Ordinance imposing a moratorium upon applications for conservation cluster housing (CCH), section 1..0 Lake Forest Park Municipal Code (LFPMC), for a period of ninety (0) days to complete its review of development regulations related to these provisions. At the March, 01 Council meeting, Ordinance was introduced as an initial proposal addressing the deficiencies of the current CCH provisions. At the Council Committee of the Whole meeting held on Monday, April, 01, it was requested that the administration also prepare an ordinance repealing section 1..0 LFPMC. In response to this request, this agenda cover sheet is accompanied by two versions of Ordinance. Option A is the original proposal introduced on March, 01, which revises the CCH regulations. Option B repeals section 1..0 LFPMC so that CCH development is no longer an option within Lake Forest Park.
With the extension of the existing moratorium until June 1, 01, under Ordinance No., two more steps remain in this process: / Hold a public hearing regarding the repeal/revision of Section 1..0 LFPMC and the extension of the moratorium / First opportunity for Council action after allowing for State Environmental Policy Act and Growth Management Act notice and review requirements to be satisfied for both versions of this ordinance. Background Section 1..0 LFPMC, conservation cluster housing, was adopted in January 01, as a part of the City s commitment to single family cluster housing as a low impact development strategy to reduce native vegetation loss. The development proposals being submitted, pursuant to section 1..0 LFPMC, are not meeting the intent and outcome desired at the time City Council adopted conservation cluster housing development regulations. The Council discussed a draft of the potential revisions to Section 1..0 LFPMC at its February Special Committee of the Whole meeting. Direction was given to separate out the criteria for the conservation area (or CCH Encumbrance) from those addressing the area remaining for development (CCH Development Area). The attached Option A is the version introduced in response to the February th direction. Fiscal & Policy Implications N/A Alternatives Options No action is recommended other that discussion of the proposed options after public hearing N/A Results Staff Recommendation Take public testimony at the hearing and discuss the proposed options. Legal Review Type of Document Title of Document Date Reviewed by Legal Counsel Ordinances Ordinance to repeal conservation cluster housing, ordinance to amend regulations for conservation cluster housing. //01 Page of
1 1 1 1 1 1 1 0 1 0 1 0 1 ATTACHMENT 1 ORDINANCE NO. (Option A revise) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, AMENDING SECTION 1..0 OF THE LAKE FOREST PARK MUNICIPAL CODE RELATING TO CONSERVATION CLUSTER HOUSING, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, section 1..0, conservation cluster housing, of the Lake Forest Park Municipal Code ( LFPMC ) was adopted in January 01, as a part of the City s commitment to single family cluster and cottage housing as a low impact development strategy to reduce native vegetation loss and minimize encroachment of critical area buffers; and WHEREAS, the housing product being submitted and proposed pursuant to section 1..0 LFPMC, is not meeting the intent and outcome desired when the City Council adopted conservation cluster housing development regulations; and WHEREAS, the adoption of land use and zoning regulations is a valid exercise of the City s police power and is specifically authorized by RCW A..0; and WHEREAS, the City adopted Ordinance imposing a moratorium upon conservation cluster housing applications for a period of ninety (0) days to complete its review of development regulations for the same; and WHEREAS, the City Council held a public hearing on February, 01, within sixty (0) days of the adoption of Ordinance ; and WHEREAS, the City Council adopted Ordinance extending the moratorium on conservation cluster housing applications until June 1, 01 to complete its review of development regulations for the same; and WHEREAS, the City Council held a public hearing on May, 01, within sixty (0) days of the adoption of Ordinance, to consider public comment on the extension of the moratorium; and WHEREAS, also on May, 01, the City held a public hearing to receive public input regarding this proposed ordinance relating to amendments to section 1..0 LFPMC; and WHEREAS, the City Council considered the amendments to section 1..0 LFPMC at regular meetings on March, 01 and May, 01; and
1 1 1 1 1 1 1 0 1 0 1 0 1 WHEREAS, the City issued a Determination of Non-Significance on May, 01 for the proposed amendments or repeal of section 1..0 LFPMC; and WHEREAS, in accordance with the requirements set forth in RCW.0A., the City provided the Washington State Department of Commerce notice of the City s intent to adopt the proposed amendments on March, 01 and received notice that the Department s review was complete on March, 01. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. REPEAL AND REPLACE LFPMC 1..0. Section 1..0, Conservation cluster housing, LFPMC is repealed and replaced by the following: 1..0 Conservation cluster housing. Conservation cluster housing ( CCH ) is intended to be alternative housing that respects and maintains the character of the surrounding neighborhood while decreasing the environmental impact of the housing. A larger number of small family dwelling units may be built and occupied subject to the following provisions: A. The subject property must be in a single-family zone. B. The property must be one acre or more in size. C. Fifty percent or more of a property must be encumbered by a conservation easement, critical areas, or critical area buffers ( CCH Encumbrance ) D. For purposes of CCH, a conservation easement shall mean an easement recorded against the title of the property that is consistent with section 1.1. LFPMC and irrevocable so long as the conservation cluster housing on the property is permitted for occupancy. The easement must be comprised of a single contiguous area. The easement boundaries should create a compactly-shaped easement area unless it can be demonstrated that a less compact shape would provide a better buffer for surrounding single family homes than the minimum setbacks. An illustration of a compactly-shaped easement area is provided below. The conservation easement is subject to the following: 1. Structures, impervious surfaces, and development of any kind are prohibited;. Signage and fencing shall be installed on the perimeter of the easement area and shall be maintained in a manner that meets the requirements of LFPMC 1.1.10.. No trees shall be removed in the easement area unless the requirements of chapter 1.1.00 (tree removal environmentally critical areas) are satisfied.. Only plants native to the Western Washington region shall be planted in the easement area. Draft Ordinance No. (Option A revise) Page of
1 1 1 1 1 1 1 0 1 0 1 0 1. Activities in the easement area are restricted to low impact, passive-use recreation, which means that athletic activities and social gatherings that damage vegetation are not allowed.. The highest canopy coverage goal identified in LFPMC 1.1.00 Table shall apply to the easement area and a tree replacement and/or planting plan for the easement area shall be submitted that achieves the aforementioned canopy coverage goal.. Work in the easement area is subject to permit requirements and limitations in LFPMC 1.1.0 and this section. In the case of a conflict between this section and 1.1.0, the more restrictive shall apply. E. The area remaining on the property that is not included in the CCH Encumbrance shall be known as the CCH Development Area. Up to three dwelling units are allowed for each dwelling unit allowed by the underlying zoning classification, as applied to the CCH Development Area. 1. The Development Area must accommodate a minimum of three dwelling units and can have no more than dwelling units.. The area of the CCH Encumbrance is not eligible for determining the maximum density in the CCH Development Area.. The number of lots allowed by the underlying zoning in the CCH Development Area shall be determined by submittal of a scaled, base site plan which verifies the how many lots would meet the minimum lot size while also complying with the dimensional requirement for vehicular access (Ch. 1. LFPMC).. Units can be single-family detached or duplex dwelling units. A duplex dwelling building counts as two units.. Buildings shall be setback a minimum of 1 feet from lot lines, streets, and the CCH Encumbrance.. Spacing between the dwelling units shall be a minimum of six feet. Additional fire protection may be required if spacing is under feet between dwelling units.. Minimum street frontage requirements of the underlying zoning classification shall not apply to conservation cluster housing.. Dwelling units shall be only single or two-story and be a maximum of 0 square feet, with a main floor of no more than 0 square feet.. The site shall contain an outdoor common area of at least 00 square feet per dwelling unit on the site. Neither the CCH Encumbrance, setbacks, nor parking areas are eligible for meeting this requirement.. The site shall contain at least one parking space per dwelling unit.. Parking and the perimeter of CCH Development Area shall be screened from the street and adjacent properties with landscaping that meets the requirements of LFPMC 1..00(A) (design guidelines for Southern Gateway Single-Family Residential zone Type IV landscaping).. The highest canopy coverage goal identified in LFPMC 1.1.00 Table shall apply to the Development Area and a tree replacement and/or planting plan shall be submitted that achieves the Draft Ordinance No. (Option A revise) Page of
1 1 1 1 1 1 1 0 1 0 1 0 1 aforementioned canopy coverage goal. Conservation area canopy coverage area does not satisfy the requirement for Development Area coverage. 1. All buildings within the development are subject to compliance with the development standards of the zoning classification. In the case of a conflict between the development standards and this section, this section shall take precedence over and supersede any conflicting provision of LFPMC Title 1, including provisions incorporated by reference into this title. F. Prior to submittal of an application for this conditional use, a neighborhood meeting must be conducted in accordance with section 1..00 LFPMC. Section. CORRECTIONS. The City Clerk is authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section. SEVERABILITY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Section. EFFECTIVE DATE. This ordinance shall take effect five () days after passage and publication. APPROVED BY A MAJORITY of the Lake Forest Park City Council this day of, 01. APPROVED: Jeff Johnson Mayor ATTEST/AUTHENTICATED: Evelyn Jahed City Clerk Draft Ordinance No. (Option A revise) Page of
1 APPROVED AS TO FORM: Kim Adams Pratt City Attorney Introduced: Adopted: Posted: Published: Effective: Draft Ordinance No. (Option A revise) Page of
ATTACHMENT 1 1 1 1 1 1 1 1 0 1 0 1 0 1 ORDINANCE NO. (Option B repeal) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, REPEALING SECTION 1..0 OF THE LAKE FOREST PARK MUNICIPAL CODE RELATING TO CONSERVATION CLUSTER HOUSING, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, section 1..0, conservation cluster housing, of the Lake Forest Park Municipal Code ( LFPMC ) was adopted in January 01, as a part of the City s commitment to single family cluster and cottage housing as a low impact development strategy to reduce native vegetation loss and minimize encroachment of critical area buffers; and WHEREAS, the housing product being submitted and proposed pursuant to section 1..0 LFPMC, is not meeting the intent and outcome desired when the City Council adopted conservation cluster housing development regulations; and WHEREAS, the adoption of land use and zoning regulations is a valid exercise of the City s police power and is specifically authorized by RCW A..0; and WHEREAS, the City adopted Ordinance imposing a moratorium upon conservation cluster housing applications for a period of ninety (0) days to complete its review of development regulations for the same; and WHEREAS, the City Council held a public hearing on February, 01, within sixty (0) days of the adoption of Ordinance ; and WHEREAS, the City Council adopted Ordinance extending the moratorium on conservation cluster housing applications until June 1, 01 to complete its review of amending or repealing the development regulations for same; and WHEREAS, the City Council held a public hearing on May, 01, within sixty (0) days of the adoption of Ordinance, to consider public comment on the extension of the moratorium; and WHEREAS, also on May, 01, the City Council held a public hearing to receive public input regarding the proposal to repeal section 1..0 LFPMC; and WHEREAS, the City Council considered the amendments to section 1..0 LFPMC at regular meetings on March, 01 and May, 01; and
1 1 1 1 1 1 1 0 1 0 1 0 1 WHEREAS, the City issued a Determination of Non-Significance on May, 01 for the proposed amendments or repeal of section 1..0 LFPMC; and WHEREAS, in accordance with the requirements set forth in RCW.0A., the City provided the Washington State Department of Commerce notice of the City s intent to adopt the proposed amendments on March, 01 and received notice that the Department s review was complete on March, 01. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. REPEAL LFPMC 1..0. Lake Forest Park Municipal Code subsection 1..0, Conservation cluster housing, is repealed. Section. CORRECTIONS. The City Clerk is authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section. SEVERABILITY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. Section. EFFECTIVE DATE. This ordinance shall take effect five () days after passage and publication. APPROVED BY A MAJORITY of the Lake Forest Park City Council this day of, 01. APPROVED: Jeff Johnson Mayor ATTEST/AUTHENTICATED: Evelyn Jahed City Clerk Draft Ordinance No. (Option B repeal) Page of
1 APPROVED AS TO FORM: Kim Adams Pratt City Attorney Introduced: Adopted: Posted: Published: Effective: Draft Ordinance No. (Option B repeal) Page of