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Resolution No. 2008-29

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City Council meeting minutes of Oct 15 2008

RESOLUTION NO. 2008-29

A Resolution of the City Council of the City of Lakewood, Washington, setting forth specific findings of fact in support of the Interim Zoning Controls for the Tillicum Area, as established in Ordinance No. 476

WHEREAS, on August 18, 2008, the City Council of the City of Lakewood adopted Ordinance No. 476, thereby establishing Interim Zoning Controls within the Tillicum area of Lakewood; and,

WHEREAS, these Interim Zoning Controls were found necessary for consistent development of land uses and to allow planning to accommodate land uses and redevelopment opportunities that would take full advantage of sewer service being extended to Tillicum; and,

WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, a public hearing must be set within sixty (60) days after the adoption of an interim zoning ordinance and findings of fact supporting the interim zoning ordinance must be adopted immediately after this public hearing; and,

WHEREAS, a duly noticed and properly held public hearing was conducted on October 6, 2008, at which time the City Council heard and considered testimony regarding the Interim Zoning Controls and preparation of a sub-area plan for the Tillicum Community Planning Area; and,

WHEREAS, pursuant to the police power authority granted to the City through the Constitution of the State of Washington, in the interest of protecting the public health, safety and welfare through appropriate zoning and land use controls, the City of Lakewood City Council does hereby establish findings of fact supporting the interim zoning controls created in Ordinance No. 476.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD,

WASHINGTON, DO RESOLVE AS FOLLOWS:

Section 1. Findings of Fact. The City Council does find that sufficient facts exist, as were established at a public hearing held on October 6, 2008, to continue the Interim Zoning Controls for the Tillicum Area as established in Ordinance No. 476. Specific findings of fact are attached hereto, marked as ?Exhibit A,? and incorporated herein by this reference.

Section 2. Severability. If any sections, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance or its application to any other person, property or circumstance.

Section 3. Effective Date. That, upon passage and signatures hereon, this Resolution shall be in full force and effect upon passage and signatures hereon.

RESOLVED by the City Council this 20th day of October, 2008.

CITY OF LAKEWOOD

____________________________________

Douglas G. Richardson, Mayor

Attest:

_______________________________

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Heidi Wachter, City Attorney

?EXHIBIT A? TO RESOLUTION NO. 2008-29

FINDINGS OF FACT IN SUPPORT OF INTERIM ZONING CONTROLS

FOR THE TILLICUM AREA OF THE CITY

AND PREPARATION OF A SUBAREA PLAN

BASED UPON ORDINANCE 476, the public record created prior to the adoption of Ordinance No. 476, and the testimony and documents considered and reviewed during a public hearing held on October 6, 2008, the City Council for the City of Lakewood does hereby make the following findings of fact in support of interim zoning controls created through Ordinance No. 476, as follows:

  1. That Ordinance No. 476 established appropriate interim controls within the Tillicum neighborhood of Lakewood.
  2. That the interim zoning controls are necessary while the City?s Community Development Department continues work in preparing a sub-area plan for the Tillicum Community Planning Area, which is necessary to accommodate land uses and redevelopment anticipated when sewer service is provided to the area.
  3. That, further, the interim development plan is further necessary to discourage uses that might be inconsistent or nonconforming with development and land use regulations that may soon be enacted.