HomeMy WebLinkAboutReg 2007-01-16 Item 7A - Ordinance - Findings of Fact for Ord #2142 Moratorium on Substandard Lots ;q COUNCIL AGENDA SYNOPSIS
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�i Meeting Date Prepared b 1 Mayor's review Council review
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ITEM INFORMATION
CAS NUMBER: 07-004 I ORIGINAL AGENDA DATE: 11/20/06
.AGENDA IIEMTrrLE Ordinance adopting findings related to moratorium.
CATEGORY Discussion Motion Resolution Ordinance ['Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 11/20/06 Mtg Date Aftg Date 1/16/07 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S Required public hearing for moratorium on the development of substandards Tots which
SUMMARY declared an emergency and went into effect immediately upon adoption on November 20,
2006.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: Regular Council 11/20/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Conduct public hearing and adopt ordinance
CO1MIITEE N/A
COSTIMPACT /FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A $N /A $N /A
Fund Source: N/A
Comments: N/A
MTG= DATE RECORD -OF COUNCIL- ACTION
11/20/06 i Council adopted Ordinance 2142.
MTG. DATE ATTACHMENTS_
1/16/07 Information memo from DCD
Ordinance 2142, adopted by Council on 11/20/06
Ordinance adopting findings of fact related to moratorium
1
z i' Gity o Tukwila 1 I G) of Steven M. Mullet, Mayor
a: +.t "t %.V -a;
0 i;��• Department of Community Development Steve Lancaster, Director
1908
Memorandum
TO: Mayor
City Council. i C"./
FROM: Steve Lancaster, Director
RE: Substandard Lot Moratorium
Public Hearing
DATE: January 10, 2007
Background
On November 20, 2006, the City Council adopted Ordinance 2142 which declared an
emergency and enacted a six month moratorium on the development of any lot within the
City of Tukwila that does not meet the City's minimum lot area requirements. The
Ordinance does exempt certain types of minor construction, such as repair and
maintenance of existing structures and construction of accessory buildings or additions.
The ordinance took effect immediately upon adoption by the City Council. Washington
State law requires the council to conduct a public hearing on the moratorium within 60-
days of adoption by the Council.
Staff has also prepared a revised ordinance which includes additional "Findings of Fact"
related to the moratorium.
Planning staff has already begun the necessary legislative steps to allow the moratorium
to be lifted. CAP was briefed on proposed ordinance language at the January 9, 2007
meeting. COW will be briefed at their January 22, 2007 meeting. The matter is
scheduled to go before the Planning Commission on January 25, 2007 for consideration
and a public hearing.
Requested Action
Conduct the public hearing and adopt the draft ordinance.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
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City of Tukwila
Washington
Ordinance No. UL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A MORATORIUM ON THE
DEVELOPMENT OF LOTS THAT DO NOT MEET THE CITY'S MINIMUM
LOT AREA; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, there are Iots within the City that do not meet the City's minimum lot
area; and
WHEREAS, many of these lots were created prior to the enactment of Washington
States subdivision statutes and the City's subdivision regulations; and
WHEREAS, the City has received and will continue to receive development
applications for the development of these lots; and
WHEREAS, the City needs to study the best method for regulating the
development of these substandard lots; and
WHEREAS, uncertain regulation has and will result in the development of lots that
are inconsistent with the City's Zoning Code and Comprehensive PIan, which will
impact noise, density, environmental degradation, traffic, and fire safety within the
City; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the
City may adopt a moratorium for a period of up to six months, provided that a public
hearing on the moratorium is held within 60 days after its adoption; and
WHEREAS, RCW 35A.12.130 authorizes an ordinance to take effect immediately if a
majority plus one of the Council members deem the ordinance necessary for the
protection of public health, public safety, public property, or the public peace; and
WHEREAS, without an immediate effective date, applications for development of
these Lots could establish vested rights to develop lots in neighborhoods and places that
are inconsistent with the City's Zoning Code and Comprehensive Plan, and enable legal
challenges to the City's ability to regulate these lots;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by
reference as the City Council's finding of fact as if fully set forth herein.
Section 2. Purpose. The purpose of this moratorium is to allow the City adequate
time to adopt regulations for lots that do not meet the City's minimum lot area. The
Mayor is authorized to allocate the necessary resources to prepare a work program to
address the land use planning issues identified in this ordinance, and the City shall
implement such a work program.
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Section 3. Moratorium Imposed. The City Council hereby imposes a moratorium
on the development of lots that do not meet the City's minimum lot area. However, this
moratorium shall not be construed to prevent the issuance of building, mechanical or
plumbing permits for repair or maintenance of existing structures. Additionally, this
moratorium shall not prohibit the construction of new accessory buildings or additions
to existing structures, development that is vested prior to the enactment of this
moratorium, or development approved by the City through its variance process within
the 365 days preceding the enactment of this moratorium.
Section 4. Effective Period of Moratorium. The moratorium shall become effective
as set forth in Section 8 below, and shall continue in effect for six months thereafter unless
repealed, renewed, or modified by the City Council after a subsequent public hearing and
entry of findings of fact.
Section 5. Public Hearing to be Held. A public hearing on the issue of the
moratorium shall be held no later than 60 days after the date of adoption herein.
Section 6. 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.
Section 8. Effective Date. This ordinance, as a public emergency ordinance
necessary for the protection of the public health, public safety, public property or public
peace, shall take effect and be in full force immediately upon its adoption. Pursuant to
Matson v. Clark County Board of Commissioners, 79 Wn.App. 641, 904 P.2d 317 (1995),
1 underlying facts necessary to support this emergency declaration are included in the
"WHEREAS" clauses above, all of which are adopted by reference in Section 1 as findings
of fact, as if fully set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY F TUKWILA, WASHINGTON,
at a Regular Meeting thereof this c?D' day of 2006.
A /AUTHENTICATED: Cn yV1V A'
6 l -e Steven M. Mullet, Mayor
J e E. Cantu, CMC, City Clerk
Filed with the City C1er G.
APPRO TO RM BY: Passed by the cit ouncil:11�2z�/
1 Published: I� 0' 6= Effective Date: ///-14/44
Off the orney Ordinance Number 2/`7
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO THE DEVELOPMENT
OF LOTS THAT DO NOT MEET THE CITY'S MINIMUM LOT AREA;
ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM
ADOPTED BY ORDINANCE NO. 2142; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on November 20, 2006, the Tukwila City Council passed Ordinance No.
2142, which declared an emergency necessitating the immediate imposition of a
moratorium on the development of lots not meeting the City's minimum lot area; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220, and RCW 36.70A.390, the
City is required to hold a public hearing within 60 days of adoption of the moratorium
and adopt Findings of Fact; and
WHEREAS, the City Council conducted a public hearing regarding the moratorium
on January 16, 2007; and
WHEREAS, the City has adopted a Comprehensive Plan which complies with
Washington State's Growth Management requirements, and has amended its Zoning
Code to implement the goals and policies of the Comprehensive Plan; and
WHEREAS, the City's Zoning Code establishes the basic development standards for
the development of lots, including the establishment of a minimum lot area
requirement; and
WHEREAS, within the City there are numerous lots that do not meet Tukwila's
minimum lot area requirement, many of which were created prior to the enactment of
Washington State's subdivision statutes and the City's subdivision regulations; and
WHEREAS, after its Phase One completion of the Allentown sewer extension
project, the City received an influx of building permit applications to locate homes on
lots that do not meet the City's minimum lot area requirements, and a continuation of
this trend would substantially increase the density of the neighborhood above the level
envisioned in the Comprehensive Plan and implemented by the Zoning Code; and
WHEREAS, the City is currently completing Phase II of the Allentown sewer
extension project; and
WHEREAS, the concerns raised by the development of lots that do not meet the
City's minimum lot area are not isolated to the Allentown neighborhood, but are
indicative of the issues that the Tukwila is facing with all areas of the City where lots
not meeting the City's minimum lot area exist, the development of which are
inconsistent with the Tukwila's Zoning Code and Comprehensive Plan relating to noise,
density, environmental degradations, traffic and fire safety; and
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WHEREAS, pursuant to RCW 35A.63.220, the City adopted Ordinance 2142 creating
a six-month moratorium to allow the City adequate time for studying this issue and
adopting Zoning Code amendments that would regulate these lots to be consistent with
the City's Comprehensive Plan; and
WHEREAS, the City Council's Community Affairs and Parks Committee was
briefed on draft Zoning Code amendments and staff's work plan at its January 9, 2007
Regular Meeting, and the draft amendments are tentatively scheduled to go before the
City Council's Committee of the Whole on January 22, 2007, and a Public Hearing
before the Planning Commission has been scheduled for January 25, 2007, and final City
Council action is scheduled to occur before the expiration of the moratorium on May 20,
2007; and
WHEREAS, the City Council has considered the foregoing facts, materials and
testimony;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The "Whereas" clauses above shall
constitute Findings of Fact to justify the moratorium adopted by Ordinance No. 2142,
attached hereto as Exhibit A.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase
of this Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
Ordinance be pre empted by state or federal law or regulation, such decision or pre-
emption shall not affect the validity of the remaining portions of this Ordinance or its
application to other persons or circumstances.
Section 3. Effective Date. This Ordinance shall be published in the official newspaper
of the City, and shall take effect and be in full force five days after the date of publication.
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:
Attachment: Ordinance No. 2142
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C ity of Tukwila
Washington
Ordinance No. 1 1 L i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A MORATORIUM ON THE
DEVELOPMENT OF LOTS THAT DO NOT MEET THE CITY'S MINIMUM
LOT AREA; PROVIDING FOR SEVERABILTTY; AND DECLARING AN
EMERGENCY.
WHEREAS, there are lots within the City that do not meet the City's minimum lot
area; and
WHEREAS, many of these Lots were created prior to the enactment of Washington
State's subdivision statutes and the City's subdivision regulations; and
WHEREAS, the City has received and will continue to receive development
applications for the development of these lots; and
WHEREAS, the City needs to study the best method for regulating the
development of these substandard lots; and
WHEREAS, uncertain regulation has and will result in the development of lots that
are inconsistent with the City's Zoning Code and Comprehensive Plan, which will
impact noise, density, environmental degradation, traffic, and fire safety within the
City; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the
City may adopt a moratorium for a period of up to six months, provided that a public
hearing on the moratorium is held within 60 days after its adoption; and
WHEREAS, RCW 35A.12.130 authorizes an ordinance to take effect immediately if a
majority plus one of the Council members deem the ordinance necessary for the
protection of public health, public safety, public property, or the public peace; and
WHEREAS, without an immediate effective date, applications for development of
these lots could establish vested rights to develop lots in neighborhoods and places that
are inconsistent with the City's Zoning Code and Comprehensive Plan, and enable legal
challenges to the City's ability to regulate these lots;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by
reference as the City Council's finding of fact as if fully set forth herein.
Section 2. Purpose. The purpose of this moratorium is to allow the City adequate
time to adopt regulations for lots that do not meet the City's minimum lot area. The
Mayor is authorized to allocate the necessary resources to prepare a work program to
address the Iand use planning issues identified in this ordinance, and the City shall
implement such a work program.
1
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DO BIT A
Section 3. Moratorium Imposed. The City Council hereby imposes a moratorium
on the development of lots that do not meet the City's minimum lot area. However, this
moratorium shall not be construed to prevent the issuance of building, mechanical or
plumbing permits for repair or maintenance of existing structures. Additionally, this
moratorium shall not prohibit the construction of new accessory buildings or additions
to existing structures, development that is vested prior to the enactment of this
moratorium, or development approved by the City through its variance process within
the 365 days preceding the enactment of this moratorium.
Section 4. Effective Period of Moratorium. The moratorium shall become effective
as set forth in Section 8 below, and shall continue in effect for six months thereafter unless
repealed, renewed, or modified by the City Council after a subsequent public hearing and
entry of findings of fact.
Section 5. Public Hearing to be Held. A public hearing on the issue of the
moratorium shall be held no later than 60 days after the date of adoption herein.
Section 6. 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.
Section 8. Effective Date. This ordinance, as a public emergency ordinance
necessary for the protection of the public health, public safety, public property or public
peace, shall take effect and be in full force immediately upon its adoption. Pursuant to
Matson v. Clark County Board of Commissioners, 79 Wn.App. 641, 904 P.2d 317 (1995),
underlying facts necessary to support this emergency declaration are included in the
"WHEREAS" clauses above, all of which are adopted by reference in Section 1 as findings
of fact, as if fully set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this act day of 2006.
ATTEST /AUTHENTICATED: LJsy, N`/1
6 Steven M. Mullet, Mayor
Jaffe E. Cantu, CMC, City Clerk
Filed with the City Clerk.
APPRO P TO FARM BY: Passed by the City Council: %c �G c C'
Published: /1/---9
7 Effective Date /4147 K5- vtaa e4t-ezd
Office of the omey Ordinance Numb/Pr. -175<02
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