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HomeMy WebLinkAboutReg 2007-03-05 Item 6B - Ordinance - Moratorium on Lots Not Meeting Minimum Lot Size COUNCIL AGENDA SYNOPSIS i I7�'M No. o r �ti I Q I" kip Meeting Date 1 Prepared 1 Mayor's review 1 J final review ust 03/05/07 1 BM %Y'' 1 1/1W r ITEM INFORMATION CAS NUMBER: 07-028 I ORIGINAL AGENDA DATE: 03/05/07 AGENDA ITEM TITLE An ordinance repealing Ordinance #2142 which declared an emergency and established a six month moratorium on the development of any lot not meeting the minimum lot size. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date 03/05/07 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PTV SPONSOR'S On November 20, 2006 the City Council adopted Ordinance 2142 which declared an SUMMARY emergency and established a six month moratorium on the development of any lot which does not meet the minimum lot area requirements of the zone where the lot is located. The attached ordinance will repeal the moratorium. REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Adopt the Ordinance as presented COMMI U1'EE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A MTG. DATE 1 RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 3/05/07 Memo from Steve Lancaster dated 2/27/07 Ordinance in Final Form -16411 City of Tukwila Steven M. Mullet, Mayor ar_: Department of Community Development Steve Lancaster, Director 1908 TO: Mayor City Council Vs FROM: Steve Lancaster, Director Brandon Miles, Assistant Plann RE: Substandard Lot Moratorium DATE: February 27, 2007 ISSUE Repealing Ordinance 2142 which enacted a six -month moratorium on the development of substandard lots. BACKGROUND On November 11, 2006, the City Council adopted Ordinance 2142 which declared an emergency and established a six month moratorium on the development of lots which do not meet the City's minimum lot area requirements. As required by Washington State law, the City Council conducted a public hearing on the adopted ordinance on January 16, 2007. The City Council reaffuiued its adoption of Ordinance 2142 at the January 16 meeting. Also on tonight's agenda a proposed ordinance to clarify the substandard lot issue. If the proposed clarifying ordinance is adopted by the City Council the moratorium is no longer needed. ALTERNATIVES If the City Council chooses not to repeal Ordinance 2124, the moratorium will continue until May 11, 2007. RECOMMENDATION If the City Council adopted the Ordinance found in agenda item 6a, Planning Staff recommends that the moratorium be repealed. Created by B. Miles H:\Lots \CC\2007.03.05\Memo (Mort).doc 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 431 -3670 Fax: 206 431 -3665 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO LAND USE AND ZONING, TERMINATING AN EMERGENCY MORATORIUM ADOPTED BY ORDINANCE NO. 2142, ON THE ACCEPTANCE OF APPLICATIONS FOR NEW DEVELOPMENT WITHIN THE CITY ON LOTS THAT DO NOT MEET THE CITY'S MINIMUM LOT AREA REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 20, 2006, the Tukwila City Council passed Ordinance No. 2142, imposing an emergency moratorium on the acceptance of non exempt applications for new development within the City of Tukwila on lots that do not meet the minimum lot area for the applicable zoning; and WHEREAS, the purpose of the emergency moratorium was to allow the City to clarify the language found in Ordinance No. 2097, as codified at TMC 18.70.030, regarding the development of substandard lots; and WHEREAS, on January 16, 2007, the City Council, following adequate public notice, held a public hearing on the moratorium, and adopted additional findings and conclusions supporting the moratorium, which was currently in effect; and WHEREAS, the Tukwila Planning Commission, following adequate public notice, held a public hearing on January 25, 2007, and proposed draft language to clarify the City's intent in the adoption of the language found in Ordinance No. 2097, as codified at TMC 18.70.030; and WHEREAS, on March 5, 2007, the City Council, following adequate public notice, held a public hearing on the proposed draft language to clarify the City's intent in the adoption of the language found in Ordinance No. 2097, as codified at TMC 18.70.030; and WHEREAS, on March 5, 2007, the City Council adopted Ordinance No. amending Ordinance No. 2097, as codified at TMC 18.70.030; and WHEREAS, the moratorium imposed by Ordinance No. 2142 requires formal City Council termination; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council hereby terminates the moratorium imposed by Ordinance No. 2142. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. C:\Documents and Settings Wl Users\Desktop\Kelly\MSDATA\ Ordinances \Terminating Moratorium.doc CK:ksn 3/1/2007 Page 1 of 2 Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Monuments and Settings \Al Users\Desktop\Kelly1MSDATA \Ordinances \Terminating Moratorium.doc CK:ksn 3/1/2007 Page 2 of 2