2014/04/23 Council Agenda Packet

LAW OFFICE OF JAMES C MIDDLEBROOKS James C.(Pete)Middlebrooks 3050 Belmonte Lane Attorney Everett, WA 98201 Pete@jcmiddlebrooks.com Phone 425-252-2693 April 22,2014 ***** TRANSMITTED VIA EMAIL TO ALAN GIFFEN ***** Mayor Ray Stephanson Everett City Council Members c/o Allan Giffin,Planning Director 2930 Wetmore Avenue Everett,WA 98201 RE:Unit Lot Division Ordinance Dear Mayor Stephanson and Council Members: 1. Background. By way of brief background, for the past four decades my work has focused on high-density affordable housing (subdivisions, condominiums and planned communities), particularly in Washington's urbanized cities and counties. I have assisted with drafting many of the governing State laws (including the Washington Condominium Act and Homeowner Association Act)and related local ordinances. 2. Adoption of Ordinance. I want to urge your adoption of the proposed Unit Lot Division Ordinance which has (1) been adopted in many other jurisdictions (including Mountlake Terrace, Bothell, Seattle, Enumclaw, Renton, Federal Way, Redmond and Snohomish County); (2)received the support of the Everett Planning Commission; (3)received the careful review and support of the various Everett City Departments; and (4) is supported of many private sector organizations and professionals. 3. NeedBenefit of Ordinance. The needs for, and benefits of, the proposed ordinance have been well documented in written and oral testimony before the Planning Commission and circulated to the Council. The ordinance is entirely consistent with existing City zoning, building, fire and related ordinances. The ordinance will: (1) facilitate use of the subdivision form of ownership; and (2) avoid continued reliance on the condominium form of ownership,which for many reasons has impended for developers, lenders and homeowners the development, financing and purchase of affordable housing. Thus,the ordinance promotes the City's goal of providing affordable housing opportunities. 4. Association Maintenance Responsibilities. The Planning Commission initially expressed concern, now raised by some Council members, that subdivision homeowner associations (when compared to condominium homeowner associations) were not adequately performing required maintenance of common areas (including private roadways, utility systems and recreational facilities). The problem is the result of inadequacies in current State law, which a committee on which I am serving is attempting to address.For condominiums,the Condominium Act(RCW 64.34)provides a comprehensive scheme for (1) minimum covenants governing the project, (2) association administration (including payment of association expenses and collection of assessments) and (3) association incorporation. For subdivisions, (1) the Homeowner Association Act (RCW 64.38) does not provide a similar comprehensive scheme, and (2) often the private covenants are likewise inadequate. The Proposed ordinance addresses this problem: a. 15A.095. Homeowners Association Incorporation. The homeowners association must be incorporated. If homeowners association ceases to be a corporation, the association continues as an unincorporated association governed by the Homeowners Association Act(RCW Chapter 64.38). b. 15A.100A. Covenants and Homeowners Association. The applicant must provide final covenants, declarations and restrictions satisfactory to the City Attorney, providing that the homeowners association shall be subject to and comply with: