Council Date 1/12/10 7b Agenda Item

8/14/2019 Council Date 1/12/10 7b Agenda Item

1/3

COUNCIL

DATE 1/12/10

AGENDA ITEM 7BCITY COUNCIL MEETING

Olympia, WashingtonJanuary 12, 2010

Ordinance Adopting Interim Commercial District Zoning Regulations__________________________________________________________________

CITY MANAGERSRECOMMENDATION: Provide guidance to staff on the proposed interim rezone ordinance

and on the proposed date and location for the public hearing.

STAFF CONTACT: Tom Morrill, City Attorney, 753-8449Keith Stahley, Director CP&D, 753-8227Jan Weydemeyer, Senior Planner, 753-8592

ORIGINATED BY: Olympia City Council

PRESENTERS AND

OTHERS NOTIFIED: Tom Morrill, City AttorneyKeith Stahley, Director CP&D

ATTACHMENTS: 1. Proposed ordinance

BUDGET IMPACT/SOURCE OF FUNDS: Unclear as to staff resources needed to implement the interim rezone,

a permanent rezone and any necessary changes to the ComprehensivePlan.

PRIOR COUNCIL/COMMITTEE REVIEW: January 5, 2010 City Council meeting

BACKGROUND: On January 5, 2010, the Olympia City Council directed staff to bring aproposed ordinance for an interim rezone of certain properties locatedon the isthmus between the southern end of Budd Inlet and CapitolLake. The direction for the interim rezone was to change the currentzoning on the affected properties back to the zoning that existed priorto January 1, 2009. The proposed interim rezone is intended to remainin effect until a permanent rezone and changes to the ComprehensivePlan are in place at the end of 2010. Staff was also directed to bringback a proposed date for a public hearing that is within forty-five daysof the date of adoption of the proposed interim rezone ordinance.Finally, Council asked staff to provide a brief outline of the schedule ofevents that will follow adoption of an interim rezone.

ANALYSIS AND OPTIONS: If Council wants to prevent the filing of any new developmentapplications under the existing zoning for certain properties on theisthmus, Council will need to take some form of interim action,because a final decision to rezone the properties cannot be reached ina time frame that would ensure that no new development applicationsare submitted under the present zoning. There are two main types ofinterim actions that the Council can take: (1) a moratorium or (2) an
http://ob_interimzoningatt1.pdf/http://ob_interimzoningatt1.pdf/http://ob_interimzoningatt1.pdf/http://ob_interimzoningatt1.pdf/


2/3

interim zoning ordinance. A moratorium is used primarily to prevent anexisting use for a specified period of time. An interim zoning ordinancecan be used to modify an existing zone to allow certain uses andprohibit others for a specified period of time. Both a moratorium andan interim zoning ordinance would provide the City sufficient time tofurther evaluate the appropriate long term uses and allowed buildingheights for the affected isthmus properties.

The proposed interim rezone is the most common type of interimzoning ordinance. If adopted, it would revert the zoning on theaffected isthmus properties back to the zoning that was in place priorto January 1, 2009. The previous zoning was Urban Waterfront (UW),which allows for a variety of uses including commercial and residential,see Table 6.01 in OMC 18.06.040. The UW zone also limits buildingheights to thirty-five (35) feet.

Council could adopt the proposed rezone or could decide to rezone theproperty on an interim basis to a different zone other than the previouszoning. A review ofTable 6.01 in OMC 18.06.040 illustrates that thereare a variety of land uses and zoning types that may be appropriate forthe affected isthmus parcels.

Another option the Council has through the use of an interim zoningordinance is an interim modification of existing developmentregulations. This is sometimes referred to as a text rezone ascompared to a use rezone. Such an interim rezone would amendexisting city development regulations that control how an allowed usecan be developed in certain circumstances.

In summary, if the Councils intent is to have a proposed action takeeffect immediately, there are only a few types of actions that meetthat requirement: a moratorium or an interim zoning ordinance.However, each type of action may have a variety of different possible

permutations. A complete discussion of the various possible differentpermutations is beyond the scope of a staff report and could requireextensive legal analysis.

In addition to a brief discussion of options, Council also asked for abrief outline of the schedule of events that would follow the adoptionof an interim rezone. After the initial adoption of an interim zoningordinance, the City Council must hold a public hearing within 60 days.Following the public hearing, the City Council must promptly adoptfindings of fact justifying its adoption of the interim ordinance. Theinterim ordinance is effective for six months, but may be effective upto one year if the Council adopts a work plan for studies related to theinterim ordinance.

If an interim rezone is adopted, Council will need to consider adding anitem to its docket for an amendment to the Comprehensive Plan so thatfinal changes to the Official Zoning Map are consistent with theComprehensive Plan Map. The normal procedure for amending theComprehensive Plan and associated development regulations includes abriefing before Planning Commission followed by a public hearing,deliberation and a recommendation to the City Council. The currentPlanning Commission calendar appears to be heavily booked through

Page 2 of 3
http://olympiamunicipalcode.org/A55799/Oly-muni-PUBLIC.nsf/30c2b313f243223f88255f9c007b495b/86257139002381f4882569ec000298de?OpenDocumenthttp://olympiamunicipalcode.org/A55799/Oly-muni-PUBLIC.nsf/30c2b313f243223f88255f9c007b495b/86257139002381f4882569ec000298de?OpenDocumenthttp://olympiamunicipalcode.org/A55799/Oly-muni-PUBLIC.nsf/30c2b313f243223f88255f9c007b495b/86257139002381f4882569ec000298de?OpenDocumenthttp://olympiamunicipalcode.org/A55799/Oly-muni-PUBLIC.nsf/30c2b313f243223f88255f9c007b495b/86257139002381f4882569ec000298de?OpenDocument


3/3

Page 3 of 3

July due to scheduled meetings for the Comprehensive Plan andShoreline Master Program updates. Without changes to that schedule,the Planning Commission could not hold a public hearing on aComprehensive Plan amendment and zoning change until September/October.

Once the Planning Commission holds a hearing, it forwards itsrecommendation to the City Council for consideration. Although notrequired, the City Council may hold its own hearing on the proposedamendment and on other amendments to the Comprehensive Plan suchas the annual update of the Capital Facilities Plan. The final adoptionof all of the various amendments to the Comprehensive Plan is done atthe end of the year because the Comprehensive Plan can only beamended once each year.

Finally, Council directed staff to propose a date for a public hearingthat is within 45 days of the adoption of the proposed ordinance. IfCouncil adopts the ordinance under its normal practice of two readings,the final adoption would take place on the 19th of January, and thus fora public hearing to take place within 45 days of that, the hearing wouldneed to be held by the first week of March. If Council suspends itspractice of having two readings, through a supermajority vote, andpasses the proposed ordinance on first and final reading on January12th, the hearing would need to be held the last week of February.

If Council wants to hold the hearing in Council Chambers, the hearingcould be set for the regular meetings either of those weeks whichwould be February 23rd or March 2nd. If Council wants to hold thepublic hearing at a larger venue, staff will need to locate an adequatefacility and may not be able to find a facility that is available on aCouncil meeting night. Staff will inquire as to the availability of otherfacilities and will provide an oral report at the Council meeting onalternative venues.

Option 1: Approve proposed ordinance adopting interim rezone of a portion ofthe isthmus and select a date and location for the public hearing.

Implications1. Adoption of the ordinance amends allowable building heights on

certain properties located on the isthmus for an interim period toallow for a further review of the appropriate long term uses of thecertain properties on the isthmus.

2. Changes the zoning of the affected properties back to the zoningthat existed prior to January 1, 2009.

3. Sets the public hearing date and location.

Option 2: Change the wording of the ordinance.

Implications:1. Additional clarification may be necessary as to Councils intent.2. Other options may be selected.

Option 3: Do not approve ordinance.

Implications:1. Leaves current regulations in place.

Documents

Council Date 1/12/10 7b Agenda Item