HomeMy WebLinkAboutReg 2006-11-20 Item 9C - Ordinance - Moratorium on Lot Development Not Meeting Minimum Lot Requirements COUNCIL AGENDA SYNOPSIS
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ITEM NO.
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ITEM INFORMATION
CAS NUMBER: 06-137 I ORIGINAL AGENDA DATE: 11 20/06
AGENDA iii TTTLE Land Use Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 11/20/06 Mtg Date Mfg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S This ordinance would establish a six month moratorium on the development of Tots that do
SUMMARY need meet minimum lot area requirements.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance
COMMI I'rE E
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$n /a $n /a $n /a
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/20/06
MTG. DATE ATTACHMENTS
11/20/06 Ordinance in final form
Pa/ i,
',isoa
it y of Tukwila
Washington
Ordinance No.
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 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 Iots; 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 land use planning issues identified in this ordinance, and the City shall
implement such a work program.
1
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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 arty 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 day of 2006.
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:
-2
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