HomeMy WebLinkAboutOrd 2286 - Findings of Fact Supporting Gambling MoratoriumCity of Tukwila
Washington
Ordinance No. (deli
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATED TO LAND USE AND ZONING; ADOPTING
FINDINGS OF FACT SUPPORTING THE MORATORIUM ADOPTED BY
ORDINANCE NO. 2279, WHICH MORATORIUM SHALL BE EFFECTIVE
FOR A PERIOD OF SIX MONTHS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No.
2279, which declared an emergency necessitating the immediate imposition of a
moratorium on the filing of applications for building permits, development permits, or
any other permits or approvals required for food or drink establishments seeking to
conduct new social card game gambling activities, or to expand existing social card
game gambling activities, whether as a principal use or as an accessory use, as more
particularly described in Ordinance No. 2279, and;
WHEREAS, cities and counties are authorized to (1) tax certain gambling activities;
(2) enact as local ordinances any of the state gambling statutes, the violation of which
constitutes a misdemeanor or gross misdemeanor; or (3) prohibit any or all gambling
activities for which licenses are required; and
WHEREAS, there are four existing card rooms operating in Tukwila that generate
significant gambling tax revenues for the City; and
WHEREAS, at least one business has expressed an interest in acquiring a State
license to operate an additional social card game in Tukwila and this business venture
has called into question the ability of the City to prohibit future card room uses while
allowing legal non conforming social card games to remain; and
WHEREAS, the City Council established a six -month moratorium to prevent the
vesting of any new applications and to maintain the status quo while legal, political,
financial and practical alternatives are studied and considered; and
WHEREAS, restaurants with cocktail lounges are permitted uses in all commercial
and industrial zones, except for the Residential Commercial Center zone where they are
a conditional use; and
WHEREAS, the City needs additional time to review the zoning regulations as they
pertain to restaurants and to review the location of vested restaurants to determine if
Comprehensive Plan and Zoning Code revisions are necessary; and
WHEREAS, the City needs additional time to research and review secondary
adverse impacts, if any, related to allowing social card game gambling activities in all
zones; and
WHEREAS, the City needs additional time to study the zoning codes of other
jurisdictions that allow social card game gambling activities within their jurisdictions;
and
WHEREAS, on May 3, 2010, the City Council held a public hearing on the
moratorium as required by RCW 35A.63.220, and on that date accepted testimony from
all members of the public desiring to be heard on the subject; and
WHEREAS, based upon the public testimony received on May 3, 2010, and based
upon additional materials presented by City staff, a moratorium of limited duration is
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in the public interest and promotes orderly land development in the absence of a
moratorium; and
WHEREAS, on May 3, 2010, the City Council considered the foregoing facts,
materials and testimony, and deliberated on the issue of whether to maintain the
moratorium; and
WHEREAS, state law, RCW 35A.63.220, authorizes the City Council to adopt land
use moratoria; and
WHEREAS, on May 3, 2010, the City SEPA Responsible Official determined that the
moratorium is exempt from SEPA under RCW 43.21.030(2)(c), and the City may
proceed with the moratorium pursuant to WAC 197- 11- 800(14)(h);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Defined Term. For the purpose of this Ordinance, the
definition of "development permits" in Ordinance No. 2279 is hereby adopted by
reference as if fully set forth herein.
Section 2. Findings of Fact. In accordance with RCW 35A.63.220, which requires
that the City Council adopt findings of fact justifying the adoption of moratoria, the
"WHEREAS "clauses set forth above are hereby adopted as the City Council's findings
of fact and are by this reference incorporated herein as if set forth in their entirety.
Section 3. Moratorium Expiration. The six -month moratorium established by
Ordinance No. 2279 shall be effective through September 22, 2010.
Section 4. 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 5. 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 F THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 3 t`� day of rY\ oLUt 2010.
ATTEST/ AUTHENTICATED:
9 {./02;OT
Chri y O'Fla 'Werty, CMC, City Clerk
APPROVED AS TO FORM BY:
0 y Attorney
J ir�f I�aggerton i or
Filed with the City Clerk: Li _,01-? 1 O
Passed by the City Council:
Published: b /l
Effective Date:
Ordinance Number:
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SUMMARY OF
Ordinance No. 2286
City of Tukwila, Washington
On May 3, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2286, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATED TO LAND USE AND ZONING; ADOPTING
FINDINGS OF FACT SUPPORTING THE MORATORIUM ADOPTED BY
ORDINANCE NO. 2279, WHICH MORATORIUM SHALL BE EFFECTIVE FOR A
PERIOD OF SIX MONTHS; AND PROVIDING FOR SEVERABILITY.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting thereof on May 3, 2010.
Published Seattle Times: May 6, 2010
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Christy O'Flarty, CMC, City Cle,