HomeMy WebLinkAboutPermit L95-0056 - CITY OF TUKWILA - TUKWILA INTERNATIONAL BOULEVARD MORATORIUM CODE AMENDMENTL95 -0056
C2 ZONE HWY 99
MORATORIUM EXTENSION
ORD. # 1737
TUKWILA INTERNATIONAL BOULEVARD MORATORIUM CODE AMENDMENT
ZONING CODE AMENDMENT
City of Tukwila
Washington
Ordinance No.
ZONING CODE AMENDMENT
COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG
HIGHWAY 99 FROM S. 137TH TO S. 154TH ST.; RENEWING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES
AND BUILDING PERMITS FOR CERTAIN USES.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms,
liquor stores and night clubs located along Highway 99 have been counter to neighborhood livability and
public health and safety; and
WHEREAS, the previous experience of this City with these land uses, the potential enactment
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain w
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of 2'
zoning and business regulations relating to these land uses; and co O
CO O'
WHEREAS, in the absence of a moratorium, new applications for such business licenses and w wi
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to the
intent of the City Council to carefully and thoroughly provide for the appropriate locations and w 0
regulations; and 2
ga
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood activity area y
which is substantially different from the current regional retail focus of Highway 99, and substantial . w.
detriment to this vision would be caused by allowing contrary land uses; and Z,
WHEREAS, a waiver process protects those who would suffer an undue process due to the .z uj
moratorium; and . 2 w'
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WHEREAS, the City Council therefore finds that the protection of the public health, safety and p :
welfare requires the continuation of the moratorium passed on December 6, 1993 and extended on June '— ww
20, 1994 and December 12, 1994;
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7Lral
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY Z
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ORDAINS AS FOLLOWS: 9 1.
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Section 1. Findings of Fact. Based upon public testimony and other evidence presented to it,
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the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities must
be prohibited until the new Comprehensive Plan and Zoning regulations can be reviewed and adopted.
B. The history of criminal activity in the Highway 99 area has included prostitution,
narcotics and liquor law violations and breaches of the peace. Additionally, certain commercial land
uses have been controlled by persons or entities who•have not disclosed effective ownership on license
applications.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. The new Comprehensive Plan is expected to be reviewed, heard and adopted by the City
'Council in 1995. The draft Plan includes a neighborhood orientation between at least S. 137th St. and S.
154th St. of neighborhood scale land uses and living environment. The existing regional orientation of
the prohibited land uses is contrary to and detrimental to achieving this vision.
MORAORD.DOC 6/5/95
30ZEMZEMSISEMrent sa soon. sm..
Section 2. SEPA 1,l aption. Pursuant to Tukwila Munici' erode Ch. 21.04, and Washington
Administrative Code 197 -11 -880, the City Council finds that an exemption.under SEPA for this action is
necessary to prevent an imminent threat to public health and safety and to prevent an imminent threat of
serious environmental degradation through continued development under the existing regulations.
SEPA review of any permanent regulations proposed for replacement of this moratorium shall be
conducted.
Section 3. Waiver. In the event the moratorium creates an undue hardship with respect to
financial, personal, or other reason, the interested party(ies) may petition in writing to the City Council.
A date to hear that petition will be set by the Council President. In considering the petition, the Council
will bear in mind the intent of the moratorium; the best interests of the City weighed against the interests
of the individual; the circumstances and the hardship caused by the moratorium; and the damage that
could result from strict adherence to the moratorium.
Section 4. Vested Rights. The moratorium created by this ordinance does not apply to
properties with vested rights on the date of enactment of this ordinance. "Vested Rights" shall be
defined in accordance with Washington State case law as those properties which have submitted to the
City a fully completed building permit application which is in compliance with the zoning and land use
codes in effect on the effective date of this ordinance.
Section 5. Administrative Determination. Administrative determination regarding the
interpretation and application of this ordinance shall be made by the Director of the Department of
Community Development (DCD). Any aggrieved party may appeal such a determination to the City
Council by filing a Notice of Appeal with the City Clerk within 10 days of the date of the determination.
The City Council shall consider the appeal at a public hearing within 30 days thereafter. The decision of
the City Council shall be final and conclusive.
Section 6. Effective Period of Moratorium. The moratorium shall be in effect for six months,
unless subsequently repealed, modified, or extended after a subsequent public hearing and entry of
appropriate findings of fact pursuant to Chapter 207 of Laws of 1992, by the City Council.
Section 7. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of this
ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall
immediately cease accepting any new applications for development or licenses relating to motels, hotels,
taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall cover
those areas described in attachment A.
Section 8. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this ordinance.
Section 9. 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 (5) days after passage and
publication as provided by law.
ASSED BY THE CITY COU CIL OF HE CITY OF TUKWILA, WASHINGTON, at a
-lager Meeting thereof this /� day of , 1995.
ATTEST/AUTHENTICATED:
_
E. Cantu, City Clerk
APPROVED AS TO FORM:
B
Joh
O ice of the City Attorney
FILED WITH THE CITY CLERK: 6-g- F.
PASSED BY THE CITY COUNCIL: 27ZZT
PUBLISHED: 4. /6 - y ,S /
EHNECTIVE DATE: -
ORDINANCE NO:/ 73 7
MORAORD.DOC 6/5/95
. Rants, Mayor
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Washington
Ordinance No. / 72 /
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AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG
HIGHWAY 99 FROM S. 137TH TO S. 154TH ST.; RENEWING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES
AND BUILDING PERMITS FOR CERTAIN USES.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms,
liquor stores and night clubs located along Highway 99 have been counter to neighborhood livability
and public health and safety; and
WHEREAS, the previous experience of this City with these land uses, the potential enactment
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of
zoning and business regulations relating to these land usds; and
WHEREAS, in the absence of a moratorium, new applications for such business licenses and
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to the
intent of the City Council to carefully and thoroughly provide for the appropriate locations and
regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood activity area
which is substantially different from the current regional retail focus of Highway 99, and substantial
detriment to this vision would be caused by allowing contrary land uses; and
WHEREAS, a waiver process protects those who would suffer an undue process due to the
moratorium; and
WHEREAS, the City Council therefore . finds that the protection of the public health, safety and
welfare requires the continuation of the moratorium passed on June 20, 1994;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY
ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. Based upon public testimony and other evidence presented to it,
the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities must
be prohibited until the new Comprehensive Plan or Zoning regulations can be reviewed and adopted.
B. The history of criminal activity in the Highway 99 area has included prostitution,
narcotics and liquor law violations, breaches of the peace and the presence within the land uses of
individuals with hidden ownership interests and outstanding arrest warrants.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. The new Comprehensive Plan is expected to be reviewed, heard and adopted by the City
Council in 1995. The draft Plan includes a neighborhood orientation between at least S. 137th St. and
S. 148th St of neighborhood scale land uses and living environment, and the City Council is considering
extending the neighborhood orientation from S. 148th St. to S. 154th St. The existing regional
orientation of the prohibited land uses is contrary to and detrimental to achieving this vision. .
Section 2. SEPA 1 mption. Pursuant to Tukwila Munici1 .Lode Ch. 21.04, and Washington
'A• dministrative Code 197 -11 -880, the City Council finds that an exemption under SEPA for this action is
necessary to prevent an imminent threat to public health and safety and to prevent an imminent threat of
serious environmental degradation through continued development under the existing regulations.
SEPA review of any permanent regulations proposed for replacement of this moratorium shall be
conducted.
Section 3. Waiver. In the event the moratorium creates an undue hardship with respect to
financial, personal, or other reason, the interested party(ies) may petition in writing to the City Council.
A date to hear that petition will be set by the Council President. In considering the petition, the Council
will bear in mind the intent of the moratorium; the best interests of the City weighed against the interests
of the individual; the circumstances and the hardship caused by the moratorium; and the damage that
could result from strict adherence to the moratorium.
Section 4. Vested Rights. The moratorium created by this ordinance does not apply to
properties with vested rights on the date of enactment of this ordinance. "Vested Rights" shall be
defined in accordance with Washington State case law as those properties which have submitted to the
City a fully completed building permit application which is in compliance with the zoning and land use
codes in effect on the effective date of this ordinance.
Section 5. Administrative Determination. Administrative determination regarding the
interpretation and application of this ordinance shall be made by the Director of the Department of
Community Development (DCD). Any aggrieved party may appeal such a determination to the City
Council by filing a Notice of Appeal with the City Clerk within 10 days of the date of the determination.
The City Council shall consider the appeal at a public hearing within 30 days thereafter. The decision of
the City Council shall be final and conclusive.
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Section 6. Effective Period of Moratorium. The moratorium shall be in effect for six months, co 0
unless subsequently repealed, modified, or extended after a subsequent public hearing and entry of ' w to
appropriate findings of fact pursuant to Chapter 207 of Laws of 1992, by the City Council. J F'
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Section 7. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of this 2
ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall u_ Q.
immediately cease accepting any new applications for development or licenses relating to motels, hotels, N a
taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall cover 1- i
those areas described in attachment A. ? 1.-
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Section 8. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or o N
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause o or phrase of this ordinance. w w
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Section 9. 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 (5) days after passage and
publication as provided by law.
PASSED BY THE CITY CO NC1L OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this /i7 day of _aez,kkaget, 1994.
ATTEST /AUTHENTICATED:
e E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
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Joh . Rants, Mayor
FILED WITH THE CITY CLERK: /A - '. ? ti
PASSED BY THE CITY COUN IL: o? - /Z` 7 V ,)/4 PUBLISHED: / oZ -IS-
EFFECTIVE /
DATE: /or - „go - i 9
ORDINANCE NO: / TA
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City of Tukwila
Washington
Ordinance No. / 7O
6,/9q- / � /9i
RECEIVED
JUN 2 31994
COMMUNITY
DEVELOPMENT
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG
HIGHWAY 99 FROM S. 137TH TO S. 154TH ST.; RENEWING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES
AND BUILDING PERMITS FOR CERTAIN USES.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms,
liquor stores and night clubs located along Highway 99 have been counter to neighborhood livability
and public health and safety; and
WHEREAS, the previous experience of this City with these land uses, the potential enactment
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of
zoning and business regulations relating to these land uses; and
WHEREAS, in the absence of a moratorium, new applications for such business licenses and
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to the
intent of the City Council to carefully and thoroughly provide for the appropriate locations and •
regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood activity area
which is substantially different from the current regional retail focus of Highway 99, and substantial
detriment to this vision would be caused by allowing contrary land uses; and
WHEREAS, a waiver process protects those who would suffer an undue process due to the
moratorium; and
WHEREAS, the City Council therefore finds that the protection of the public health, safety and
welfare requires the continuation of the moratorium passed on December 6, 1993;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY
ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. Based upon public testimony and other evidence presented to it,
the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities must
be prohibited until the new Comprehensive Plan or Zoning regulations can be reviewed and adopted.
B. The history of criminal activity in the Highway 99 area has included prostitution, •
narcotics and liquor law violations, breaches of the peace and the presence within the land uses of
individuals with hidden ownership interests and outstanding arrest warrants.
C. . In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. . The new Comprehensive Plan is scheduled to be reviewed, heard and adopted by the City
Council in 1994. The Plan, as currently drafted by the Tukwila.Tomorrow Committee, envisions a
neighborhood orientation between at least S. 137th St. and S. 148th St of neighborhood scale land uses
and living environment, and the City Council is considering extending the neighborhood orientation
from S. 148th St. to S. 154th St.. The existing regional orientation of the prohibited land uses is
contrary to and detrimental to achieving this vision.
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Section 2. SEPA Ext -`j)tion. Pursuant to Tukwila Municip� er ode Ch. 21.04, and
Washington Administrative Code 197 -11 -880, the City Council finds that an exemption under SEPA for
this action is necessary to prevent an imminent threat to public health and safety and to prevent an
imminent threat of serious environmental degradation through continued development under the
existing regulations. SEPA review of any permanent regulations proposed for replacement of this
moratorium shall be conducted.
Section 3. Waiver. In the event the moratorium creates an undue hardship with respect to
financial, personal, or other reason, the interested party(ies) may petition in writing to the City Council.
A.date to hear that petition will be set by the Council President. In considering the petition, the Council
will bear in mind the intent of the moratorium; the best interests of the City weighed against the
interests of the individual; the circumstances and the hardship caused by the moratorium; and the
damage that could result from strict adherence to the moratorium.
Section 4. Vested Rights. The moratorium created by this ordinance does not apply to
properties with vested rights on the date of enactment of this ordinance. "Vested Rights" shall be
defined in accordance with Washington State case law as those properties which have submitted to the
City a fully completed building permit application which is in compliance with the zoning and land use •
codes in effect on the effective date of this ordinance. •
Section 5. Administrative Determination. Administrative determination regarding the
interpretation and application of this ordinance shall be made by the Director of the Department of
Community Development (DCD). Any aggrieved party may appeal such a determination to the City
Council by filing a Notice of Appeal with the City Clerk within 10 days of the date of the
determination. The City Council shall consider the appeal at a public hearing within 30 days thereafter.
The decision of the City Council shall be final and conclusive.
Section 6. Effective Period of Moratorium. The moratorium shall be in effect for six months,
unless subsequently repealed, modified, or extended after a subsequent public hearing•and entry of
appropriate findings of fact pursuant to Chapter 207 of Laws of 1992, by the City Council.
Section 7. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of this
ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall
immediately cease accepting any new applications for development or licenses relating to motels, hotels,
taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall cover
those areas described in attachment A.
Section 8. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this ordinance.
Section 9, Effective Date. The City Council finds that a public emergency exists necessary for
the protection of the public health, public safety, public property or public peace. Accordingly, this
ordinance shall be effective immediately upon its adoption pursuant to RCW 35A.12.130..
PASSED BY THE CITY CO JNCIL OF CITY OF TUKWILA, WASHINGTON, at a
, 1994.
Regular Meeting thereof this L -e 'day of
A'1"1'EST /AUTHENTICATED:
e E. Cantu, City Clerk
APPROVED AS TO FORM:
By o
Office o the.Cit Att ov
rne
Y
FILED WITH THE CITY CLERK: 6 //6 /f
PASSED BY THE CITY OUNCIL: ,!o /2-o/ 9
PUBLISHED: G /001/9' r .141m • EFFECTIVE DATE: 6/#0/957, Lam.. �yc�LQ J
ORDINANCE NO: / .� !�
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W. Rants, Mayor
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City of Tukwila
Washington
Ordinance No. / g
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE NO. 1679 WHICH ENACTED A
MORATORIUM ON DEVELOPMENT OF CERTAIN
USES IN THE C -2 ZONE ALONG HIGHWAY 99 FROM
S. 137TH STREET TO S. 154TH STREET; ESTABLISHING
PROVISIONS FOR A WAIVER PROCESS, DEFINING
VESTED RIGHTS, AND ESTABLISHING A PROCESS
FOR APPEAL.
WHEREAS,* on December 6, 1993, the City Council passed Ordinance No. 1679
declaring a moratorium on development of certain uses in the C -2 zone along Highway
99; and
WHEREAS, the City Council wishes to amend Ordinance No. 1679 to include a
waiver and appeal process; and
WHEREAS, Ordinance No. 1679 was passed as an emergency ordinance effective
immediately, and to prevent the hardships referred to, it is necessary that this
ordinance be effective immediately;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1679 is hereby amended to add the following new sections:
Section 3. Waiver. In the event the moratorium creates an undue hardship with
respect to financial, personal, or other reason, the interested party(ies) may petition in
writing to the City Council. A date to hear that petition will be set by the Council
President. In considering the petition, the Council will bear in mind the intent of the
moratorium; the best interests of the City weighed against the interests of the
individual; the circumstances and the hardship caused by the moratorium; and the
damage that could result from strict adherence to the moratorium.
Section 4. 'Vested Rights. The moratorium created by this ordinance does not
apply to properties with vested rights on the date of enactment of this ordinance.
"Vested Rights" shall be defined in accordance with Washington State case law as those
properties which have submitted to the City a fully completed building permit
application which is in compliance with the zoning and land use codes in effect on the
effective date of this ordinance.
Section 5. Administrative Determination. Administrative determination
regarding the interpretation and application of this ordinance shall be made by the
Director of the Department of Community Development (DCD). Any aggrieved party
may appeal such a determination to the City Council by filing a Notice of Appeal with
the City Clerk within 10 days of the date of the determination. The City Council shall
0. consider the appeal at a public hearing within 30 days thereafter. The decision of the
City Council shall be final and conclusive.
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Section 2. Severability. If any section, sentence, clause or phrase. of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall take effect and be in force immediately
upon its passage as an emergency ordinance in order to amend Ordinance No. 1679,
which establishes a moratorium on development on certain uses in the C -2 zone along
Highway 99.
PASSED BY THE CITY COUNCIL OF)'HE CITY C IU ftSTILA, WASHINGTON,
at a Regular Meeting thereof this '`''C day of
1994.
ATTEST /AUTHENTICATED:
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK: - - `I f
PASSED BY THE CITY COUNCIL: ? - 2 - ' C,
PUBLISHED:,? /5 9.54.
EFFECTIVE DATE: -- 7 - 9
ORDINANCE NO.: / b t 2
moramen 01/26/94
W. Rants, Mayor
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SUMMARY OF ORDINANCE NO. lK.) , I
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1679 WHICH
ENACTED . A MORATORIUM ON DEVELOPMENT OF
CERTAIN USES IN THE C -2 ZONE ALONG HIGHWAY 99
FROM S. 137TH STREET TO S. 154TH STREET;
ESTABLISHING. PROVISIONS FOR A WAIVER PROCESS,
DEFINING VESTED RIGHTS, AND ESTABLISHING A
PROCESS FOR APPEAL.
ALI 7/57 the City Council of the City of Tukwila passed Ordinance
No. / ...ir amendi dinance No. 1679, which declared a moratorium on development
of certain uses in the C- zone along Highway 99; to establish provisions for a waiver and
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appeal processes, define vested rights, provide for severability, and establish an effective date.
The full text of this ordinance will
written request to the City Clerk of the City
APPROVED by the City Council at
Published,
be mailed without charge to anyone who submits a
of Tukwila for a copy of the text.
its meeting of cam?
,J
E. Cantu, City Clerk
eattle Times: February ,1994-7!,,
City of Tukwila
Washington
Ordinance No. /6 7 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG HIGHWAY 99
FROM S. 137TH TO S. 154TH ST.; ESTABLISHING A MORATORIUM ON ACCEPTANCE
OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES AND
BUILDING PERMITS FOR CERTAIN USES; AND DECLARING AN EMERGENCY.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms,
liquor stores and night clubs located along Highway 99 have been counter to neighborhood livability
and public health and safety; and
WHEREAS, the previous experience of this City with these land uses, the potential enactment
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of
zoning and business regulations relating to these land uses; and
WHEREAS, in the absence of a moratorium, new applications for such business licenses and
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to
the intent of the City Council to carefully and thoroughly provide for the appropriate locations and
• regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood activity area
which is substantially different from the current regional retail focus of Highway 99, and substantial
detriment to this vision would be caused by allowing contrary land uses; and
WHEREAS, the City Council therefore finds that the protection of the public health, safety
and welfare requires establishment of the said moratorium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY
ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. Based upon public testimony and other evidence presented to it,
the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities
must be prohibited until the new Comprehensive Plan or Zoning regulations can be reviewed and
adopted.
B. The history of criminal activity in the Highway 99 area has included prostitution,
narcotics and liquor law violations, breaches of the peace and the presence within the land uses of
individuals with hidden ownership interests and outstanding arrest warrants.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. The new Comprehensive Plan is scheduled to be reviewed, heard and adopted by the
City Council in 1994. The Plan, as currently drafted by the Tukwila Tomorrow Committee, envisions
a neighborhood orientation between at least S. 137th St. and S. 148th St of neighborhood scale land
uses and living environment, and the City Council is considering extending the neighborhood
orientation from S. 148th St. to S. 154th St.. The existing regional orientation of the prohibited land
uses is contrary to and detrimental to achieving this vision.
Section 2. SEPA Exemption. Pursuant to Tukwila Municipal Code Ch. 21.04, and
Washington Administrative Code 197 -11 -880, the City Council finds that an exemption under SEPA
for this action is necessary to prevent an imminent threat to public health and safety and to prevent an
imminent threat of serious environmental degradation through continued development under the
existing regulations. SEPA review of any permanent regulations proposed for replacement of this
moratorium shall be conducted.
Section 3. Effective Period of minimum. The moratorium shall be effective immediately
upon adoption of this ordinance and shall continue in effect for six months, unless subsequently
repealed, modified, or extended after a subsequent public hearing and entry of appropriate findings of
fact pursuant to Chapter 207 of Laws of 1992, by the City Council.
Section 4. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of
this ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall
immediately cease accepting any new applications for development or licenses relating to motels,
hotels, taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall
cover those areas described in attachment A.
Section 5. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the
moratorium established by this ordinance was held before the City Council on December , 1993.
Se tion 6. Severability. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 7. Effective Date. The City Council finds that a public emergency exists necessary
for the protection of the public health, public safety, public property or public peace. Accordingly,
this ordinance shall be effective immediately upon its adoption pursuant to RCW 35A.12.130.
PASSED BY THE CITY UNCIL OFillffi CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this cc"-; day of .�'� ester eg 1993.
C4/. ,rCiiyL�
Johi)W. Rants, Mayor
ATTEST /AUTHENTICATED:
/
�a)e E. Cantu, City Clerk
APPROVED AS TO FORM:
By v
Office of the City Attorney
FILED WITH THE CITY CLERK: /J -
PASSED BY THE CITY COUNCIL: j,,2 _.
PUBLISHED: / „.- /0- 9 3
EI~rECTIVE DATE: 6 _. 93
ORDINANCE NO: / 4.37
moraord 12107193
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SUMMARY OF ORDINANCE NO. 47?
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN
THE C-2 ZONE ALONG HIGHWAY 99 FROM S. 137TH TO S.
154TH ST.; ESTABLISHING A . MORATORIUM . ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE
OF, NEW BUSINESS ,LICENSES AND BUILDING PERMITS
FOR CERTAIN USES; AND DECLARING AN EMERGENCY.
On /01- 6 - 3 , the City Council of the City of Tukwila passed Ordinance
No. /6 7 , establishing a moratorium on acceptance of applications for, and issuance of,
new business licenses and building permits for certain uses in the C-2 zone along Highway 99
from S. 137th to S. 154th St.; and declaring anemergency.
The full text of this ordinance will be mailed without charge to anyone who submits
written request to the City Clerk of the City of Tukwila for a copy of the text.
a
APPROVED by the City Council at its meeting of - 6 - 3
Published Seattle Times 12/10/93
A/7LE- .
Jan4 E. Cantu, City Clerk
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MORATORIUM BOUNDARIE
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_ ATTACHMENT A --
• (REVISED 12/14/93).
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City of Tukwila
John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
D R A F T
To: Mayor Rants
From: Steve Lancaster, DCD Director
Date: June 3, 1995
Subject: Extension of Moratorium of Certain Uses along Highway 99
Background
This moratorium prevents the issuance of building permits and
business licenses for hotels, motels, taverns, liquor stores, pool
rooms and night clubs and was enacted on 6 December 1993 and
renewed on 20 June and 12 December 1994. The current ordinance
will expire on 20 June 1995.
The situation has not changed although planning progress is being
made in developing a strategic plan for the area. Criminal
incidents prompting the ordinance and the recommendations of the
Draft Comprehensive Plan for a more neighborhood /community focus
for the area continue. Both the Comprehensive Plan for this area
and the Revitalization Plan for the area are progressing.
Recommendation
Extend the moratorium until Plan adoption and regulatory
implementation.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
City of Tukwila
John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
To: Linda Cohen
From: Moira Carr Bradshaw
Date: May 31, 1995
Subject: Moratorium Extension Ordinance
Attached is a revised ordinance for your review and approval. It proposes to extend
Ordinance 1721.
Jane plans on scheduling a special hearing on June 12th and she expects the Council
will then take action that evening in order to prevent a lapse. Your review is necessary
by 9 a.m. Wednesday 6 June. If this poses a problem, please let me know.
I have made several modifications, recommended deletions are Qtrieken and additions
are underlined:
• The last Whereas ...passed on December 6, 1993 and extended on June
20,1994 and December 12. 1994 ;
• Section 1. A. ...until the new Comprehensive Plan Of and Zoning
regulations can be reviewed and adopted.
• Section 1. D. The draft Plan includes a neighborhood orientation between
at least S. 137th St and S. -148th 154th St of neighborhood scale land uses and
living environment,
Finally, under Section 1. Findings of Fact B. I think the following language is unclear
and I have asked Keith Haines if he can shed some insight on the origination of this
comment:
The history of criminal activity in the Highway 99 area has included... the
presence within the land uses of individuals with hidden ownership
interests and ... ? ??
I would appreciate, if you are familiar with the issue, some alternate wording.
cc: Steve Lancaster
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • 12061 431.3670 • Far 12061431 -3665
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AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG
HIGHWAY 99 FROM S. 137TH TO S. 154TH ST.; RENEWING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES
AND BUILDING PERMITS FOR CERTAIN USES.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms,
liquor stores and night clubs located along Highway 99 have been counter to neighborhood livability
and public health and safety; and
WHEREAS, the previous experience of this City with these land uses, the potential enactment
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of
zoning and business regulations relating to these land uses; and
WHEREAS, in the absence of a moratorium, new applications for such business licenses and
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to the
intent of the City Council to carefully and thoroughly provide for the appropriate locations and
regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood activity area
which is substantially different from the current regional retail focus of Highway 99, and substantial
detriment to this vision would be caused by allowing contrary land uses; and
WHEREAS, a waiver process protects those who would suffer an undue process due to the
moratorium; and
WHEREAS, the City Council therefore finds that the protection of the public health, safety and
welfare requires the continuation of the moratorium passed on December 6, 1993 and extended on June
20, 1994 and December 12, 1994;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY
ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. Based upon public testimony and other evidence presented to it,
the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities must
be prohibited until the new Comprehensive Plan and Zoning regulations can be reviewed and adopted.
B. The history of criminal activity in the Highway 99 area has included prostitution,
narcotics and liquor law violations, breaches of the peace and the presence within the land uses of
individuals with hidden ownership interests and outstanding arrest warrants.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. The new Comprehensive Plan is expected to be reviewed, heard and adopted by the City
Council in 1995. The draft Plan includes a neighborhood orientation between at least S. 137th St. and
S. 154th St. of neighborhood scale land uses and living environment. The existing regional orientation
of the prohibited land uses is contrary to and detrimental to achieving this vision.
MORAORDDOC 5/31/95
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Section 2. SEPA Exemption. Pursuant to Tukwila Municipal .,ode Ch. 21.04, and
Washington Administrative Code 197 -11 -880, the City Council finds that an exemption under SEPA for
this action is necessary to prevent an imminent threat to public health and safety and to prevent an
imminent threat of serious environmental degradation through continued development under the
existing regulations. SEPA review of any permanent regulations proposed for replacement of this
moratorium shall be conducted.
Section 3. Waiver. In the event the moratorium creates an undue hardship with respect to
financial, personal, or other reason, the interested party(ies) may petition in writing to the City Council.
A date to hear that petition will be set by the Council President. In considering the petition, the Council
will bear in mind the intent of the moratorium; the best interests of the City weighed against the
interests of the individual; the circumstances and the hardship caused by the moratorium; and the
damage that could result from strict adherence to the moratorium.
Section 4. Vested Rights. The moratorium created by this ordinance does not apply to
properties with vested rights on the date of enactment of this ordinance. "Vested Rights" shall be
defined in accordance with Washington State case law as those properties which have submitted to the
City a fully completed building permit application which is in compliance with the zoning and land use
codes in effect on the effective date of this ordinance.
Section 5. Administrative Determination. Administrative determination regarding the
interpretation and application of this ordinance shall be made by the Director of the Department of
Community Development (DCD). Any aggrieved party may appeal such a determination to the City
Council by filing a Notice of Appeal with the City Clerk within 10 days of the date of the
determination. The City Council shall consider the appeal at a public hearing within 30 days thereafter.
The decision of the City Council shall be final and conclusive.
Section 6. Effective Period of Moratorium. The moratorium shall be in effect for six months,
unless subsequently repealed, modified, or extended after a subsequent public hearing and entry of
appropriate findings of fact pursuant to Chapter 207 of Laws of 1992, by the City Council.
Section 7. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of this
ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall
immediately cease accepting any new applications for development or licenses relating to motels, hotels,
taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall cover
those areas described in attachment A.
Section 8. Severabilitv. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this ordinance.
Section 9. 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 (5) 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 , 1995.
John W. Rants, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
MORAORDDOC 5/31/95
Attachment 1
Department of Community Development
Rick Be
TO: Mayor Rants
FROM: Rick Beeler, D
SUBJ: Extension of Moratorium of Certain Uses along
Highway 99
December 7, 1994
Date:
tackground
Highway 99 had been and remains the subject of much interest and
discussion over its future land uses,,transportation links, image
and relationship to the neighboring residential community. In
light of onging concern over crime, and the negative influence of
certain land uses, the City Council adopted a six -month emergency
moratorium on the acceptance of applications for and issuance of
new business licenses and building permits for these uses on
December 6, 1993, and renewed it on June 20, 1994.
Since that time, the Draft Comprehensive Plan has been issued for
discussion and a Highway 99 Task Force, charged with recommending
guidelines for the area's revitalization, has been formed. Both the
Draft Comprehensive Plan and the Task Force will consider a
neighborhood activity area which is substantially different from
the current regional ►retail focus of Highway 99. Allowing land
uses which are very much different from those specified in the
plans would be likely to have considerable negative impact on the
future development of the area.
Recommendation
I recommend adopting the attached Ordinance to allow,a six -month
extension of the moratorium on motels, hotels, taverns, pool rooms,
liquor stores and nightclubs in the C -2 zone along Highway 99.
.10
6300 Southcenter Boulevard, Suite #100 • Tukwlla, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665
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City of Tukwila
Department of Community Development
MEMORANDUM
John W. Rants, Mayor
Rick Beeler, Director
upor TO: Mayor Rants / tJ, . ,' yy� �0
FROM: Rick Beeler, DC r //p
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DATE: February 23, 1' a - `'
SUBJECT: Waiver Process of Ordinance No. 1689 : iy�'C iii‘ L
Ordinance No. 1689 amended Ordinance No. 1679 (moratorium on development in the C-
2 zone along Highway 99) to add a waiver process, among other things. This process
had been used a few years ago during adoption of the Sensitive Areas Ordinance.
Prior to adoption of the ordinances Blue Star Motel had received approval by the Board
of Architecture Review. After their adoption, Blue Star Motel applied for a waiver in
order to apply for a building permit to build the proposed motel. The required public
hearing on the waiver request was scheduled for March 14, 1994. Prior to that hearing,
the Council wanted to discuss the adopted waiver criteria.
EXISTING WAIVER CRITERIA:
Ordinance No. 1689, at Section 3, adopted the following waiver criteria:
1. Undue hardship with respect to financial, personal, or other reason.
2. Intent of the moratorium.
3. Best interests of the City weighed against the interests of the individual.
4. Circumstances.
5. Hardship caused by the moratorium.
6. Damage that could result from strict adherence to the moratorium.
DISCUSSION:
To begin the discussion, the following observations are offered.
Criteria 1 and 5 are duplicative and should be combined into one criteria. As these
are now stated, a very broad range of "hardship" reasons can be claimed beyond
"financial, personal" and "strict adherence to the moratorium." No weight or
priority is attached to any one reason over another.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
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Waiver Process
Page 2
Criteria 2 addresses the intent of the moratorium, but no specific "intent" is
contained in the ordinances. However, from Ordinance No. 1679 can be gleaned
the following which could be interpreted as "intent ":
To prevent processing permits for development of motels, hotels, taverns,
pool rooms, liquor stores and night clubs along Highway 99, which could
be contrary or detrimental to the neighborhood and "neighborhood center"
being envisioned in the new Comprehensive Plan.
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Criteria 3 concerns the "best.interests" of the City which are not specifically co o
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articulated as such in the ordinances. Instead, Ordinance No. 1679 states in w ;
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C. In order for Tukwila to effectively protect the public health, safety, 2
morals, vision, and general welfare, of the Highway 99 neighborhood it is a
important that Tukwila prevent these land uses from increasing in the _ d,
neighborhood. _..
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Criteria 4 relates to "circumstances ", but provides no definition of such. z
Therefore, "circumstances" could be broadly interpreted to include anything . 2
unusual being faced by an "a applicant or property. This criteria also appears to be 8
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part of criteria number 1. o I-;
Criteria 6 addresses "damage caused by strict adherence to the moratorium." Any I=
"damage" claimed must be directly or indirectly caused by "strict adherence" to the u. z
prohibitions of the moratorium. Damage caused by less then "strict adherence" is v
not applicable. Also, the words "damage" and "strict" are not defined. o
CONCLUSIONS:
Words open to broad interpretation can lawfully be argued before the Council in the
waiver process. The courts, and the City Council, have long used the dictionary to
interpret vague terms. Recently the State Supreme Court ruled against "unconstitutionally
vague" criteria that did not give "meaningful guidance to the applicant or decision makers"
(Anderson v. Issaquah, 70 Wn. App.64, 851P.2d 744 (1993)).
To help cure the vagueness of the waiver criteria, the Council could, by motion, agree on
an interpretation of the criteria which would guide applicants, staff and themselves in
reviewing these requests. The following criteria are offered for discussion with your
attention drawn to the concept of having to meet all criteria:
1. A substantial financial hardship is being place upon the applicant beyond
that placed on other properties under the moratorium, and
Waiver Process
Page 3
2. The proposed development is not contrary or detrimental to the
neighborhood and "neighborhood center" being envisioned in the new
Comprehensive Plan, and
3. The proposal protects the public health, safety, morals, vision, and general
welfare of the Highway 99 neighborhood and prevents incompatible land
uses from increasing in the neighborhood, and
4. The circumstances of the property and proposal are unique and can only be
addressed by approval of the waiver, and
5. The property and applicant are damaged physically or economically,
beyond that normal to the development process, if the waiver is not
approved.
waiver.crt
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
UHT
Mayor Rants
Rick Beeler, DCD
February 18, 1994
Waiver Process of Ordinance. No. 1689
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RECEIVED
FEB 18 '1994
CITY OF TUKWILA
MAYOR'S OFFICE
Ordinance No. 1689 amended Ordinance No. 1679 (moratorium on development in the C-
2 zone along Highway 99) to add a waiver process, among other things. This process
had been used a few years ago during adoption of the Sensitive Areas Ordinance.
Prior to adoption of the ordinances Blue Star Motel had received approval by the Board
of Architecture Review. After their adoption, Blue Star Motel applied for a waiver in
order to apply for a building permit to build the proposed motel. The required public
hearing on the waiver request was scheduled for March 14, 1994. Prior to that hearing,
the Council wanted to discuss the adopted waiver criteria.
The adopted waiver criteria are: (Section 3, Ordinance No. 1689)
Undue hardship with respect to financial, personal, or other reason.
Intent of the moratorium. '
Best interests of the City weighed against the interests of the individual.
Circumstances.
Hardship caused by the moratorium. F, z ' 4is �i zrz
Damage that could result from, strict adherence to the moratorium.
Waiver Process.
Page 2
DISCUSSION:
To begin the discussion, the following observations are offered.
ne
Criteria 1 and 5 are duplicative and should be combined into one criteria. As these are v'
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now stated, a very broad range of "hardship" reasons can be claimed beyond "financial, > w w
personal" and "strict adherence to the moratorium." No weight or priority is attached to
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Criteria 2 addresses the intent of the moratorium, but no specific "intent" is contained in
the ordinances. However, from Ordinance No. 1679 can be gleaned the following which
could be interpreted as "intent ":
To prevent processing permits for development of motels, hotels, taverns, pool
rooms, liquor stores and night clubs along Highway 99, which could be contrary or
detrimental to the neighborhood and "neighborhood center" being envisioned in
the new Comprehensive Plan.
Criteria 3 concerns the "best interests" of the City which are not specifically articulated as
such in the ordinances. Instead, Ordinance No. 1679 states in Section 1.C:
C. In order for Tukwila to effectively protect the public health, safety,
morals, vision, and general welfare of the Highway 99 neighborhood it is
important that Tukwila prevent these land uses from increasing in the
neighborhood.
Criteria 4 relates to "circumstances ", but provides no definition or direction. Therefore,
"circumstances" could be broad interpreted, including anything unusual being faced by a
particular applicant or property. - x. -r;i , it %i`' s,4,440 s
Waiver Process
Page 3 .
Criteria 6 addresses "damage caused by strict adherence to the moratorium." Any
"damage" claimed must be directly or indirectly caused by "strict adherence" to the
prohibitions of the moratorium. Damage caused by less then "strict adherence" is not
applicable. Very broad interpretation is to be given "damage" and "strict" because these
words are not defined, but are arguable in the waiver process. s 5,« - aw,%r' uN
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CONCLUSIONS:
Words open to broad interpretation can lawfully be argued before the Council in the
waiver. process. The courts, and the City Council, have long used the dictionary to
interpret vague terms. Recently the State Supreme Court ruled against "unconstitutionally
vague" criteria that did not give "meaningful guidance to the applicant or decision makers"
(Anderson v. Issaquah, 70 Wn. App.64, 851P.2d 744 (1993)).
To help cure the vagueness of the waiver criteria, the Council could, by motion, agree on
an interpretation of the criteria which would guide applicants, staff and themselves in
reviewing these requests. The following are offered for discussion:
A •ignifican financial hardship is being place upon the applicant beyond
that placed on other properties under the moratorium, and
2. The proposed development is not contrary or detrimental to the
neighborhood and "neighborhood center" being envisioned in the new
Comprehensive Plan, and
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3. The proposal protects the public health, safety, morals, vision, and general
welfare of the Highway 99 neighborhood and prevents incompatible land
uses from increasing in the neighborhood, and — rN1 s %s T ss
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4. The circumstances of the property and proposal are unique and can only be
addressed by approval of the waiver, and
The property and applicant are damaged physically or economically,
beyond that normal to the development process, if the waiver is not
approved.
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COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Pre or by
Mayor's review
Council review
212 / T74.
ITEMNo.
RMA,
CAS Number:
I Original Agenda Date:
Agenda Item Title:
Discussion of Ordinance No. 1689 moratorium waiver criteria.
Original Sponsor:
Council MC Admin.
Timeline:
Prior to March March 14, 1994, hearing of Blue Star waiver request.
Sponsor's Summary:
Ordinance No. 1689 created a waiver process to the moratorium on development in the C -2
zone along Highway 99. Prior to hearing the Blue Star Motel waiver request, the Council
wanted to discuss the adopted waiver criteria.
Recommendations:
Sponsor:
Committee:
Administration: By motion, adopt alternative wording for the waiver criteria.
Cost Impact (if lmown):
Fund Source (if known):
Meeting Date
Action
2/28/1994
COW discussion.
.. t'1'1V1. ...
...... ...............................
Meeting Date
Attachments
2/28/1994
Memo of 2/23/1994 from Rick Beeler
Ordinance No. 1689
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City of Tukwila
John W. Rants, Mayor
Department of Community Development
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Rick Beeler, Director
Mayor Rants
Rick Beeler, DC
February 23, 1
Waiver Process of Ordinance No. 1689
Ordinance No. 1689 amended Ordinance No. 1679 (moratorium on development in the C-
2 zone along Highway 99) to add a waiver process, among other things. This process
had been used a few years ago during adoption of the Sensitive Areas Ordinance.
Prior to adoption of the ordinances Blue Star Motel had received approval by the Board
of Architecture Review. After their adoption, Blue Star Motel applied for a waiver in
order to apply for a building permit to build the proposed motel. The required public
hearing on the waiver request was scheduled for March 14, 1994. Prior to that hearing,
the Council wanted to discuss the adopted waiver criteria.
EXISTING WAIVER CRITERIA:
Ordinance No. 1689, at Section 3, adopted the following waiver criteria:
1. Undue hardship with respect to financial, personal, or other reason.
2. Intent of the moratorium.
3. Best interests of the City weighed against the interests of the individual.
4. Circumstances.
5. Hardship caused by the moratorium.
6. Damage that could result from strict adherence to the moratorium.
DISCUSSION:
To begin the discussion, the following observations are offered.
Criteria 1 and 5 are duplicative and should be combined into one criteria. As these
are now stated, a very broad range of "hardship" reasons can be claimed beyond
"financial, personal" and "strict adherence to the moratorium." No weight or
priority is attached to any one reason over another.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
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Waiver Process
Page 2
Criteria 2 addresses the intent of the moratorium, but no specific "intent" is
contained in the ordinances. However, from Ordinance No. 1679 can be gleaned
the following which could be interpreted as "intent ":
To prevent processing permits for development of motels, hotels, taverns,
pool rooms, liquor stores and night clubs along Highway 99, which could
be contrary or detrimental to the neighborhood and "neighborhood center"
being envisioned in the new Comprehensive Plan.
Criteria 3 concerns the "best interests" of the City which are not specifically
articulated as such in the ordinances. Instead, Ordinance No. 1679 states in
Section 1.C:
C. In order for Tukwila to effectively protect the public health, safety,
morals, vision, and general welfare of the Highway 99 neighborhood it is
important that Tukwila prevent these land uses from increasing in the
neighborhood.
Criteria 4 relates to "circumstances ", but provides no definition of such.
Therefore, "circumstances" could be broadly interpreted to include anything
unusual being faced by an applicant or property. This criteria also appears to be
part of criteria number 1.
Criteria 6 addresses "damage caused by strict adherence to the moratorium." Any
"damage" claimed must be directly or indirectly caused by "strict adherence" to the
prohibitions of the moratorium. Damage caused by less then "strict adherence" is
not applicable. Also, the words "damage" and "strict" are not defined.
CONCLUSIONS:
Words open to broad interpretation can lawfully be argued before the Council in the
waiver process. The courts, and the City Council, have long used the dictionary to
interpret vague terms. Recently the State Supreme Court ruled against "unconstitutionally
vague" criteria that did not give "meaningful guidance to the applicant or decision makers"
(Anderson v. Issaquah, 70 Wn. App.64, 851P.2d 744 (1993)).
To help cure the vagueness of the waiver criteria, the Council could, by motion, agree on
an interpretation of the criteria which would guide applicants, staff and themselves in
reviewing these requests. The following criteria are offered for discussion with your
attention drawn to the concept of having to meet all criteria:
1. A substantial financial hardship is being place upon the applicant beyond
that placed on other properties under the moratorium, and
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2. The proposed development is not contrary or detrimental to the
neighborhood and "neighborhood center" being envisioned in the new
Comprehensive Plan, and
The proposal protects the public health, safety, morals, vision, and general
welfare of the Highway 99 neighborhood and prevents incompatible land
uses from increasing in the neighborhood, and
4. The circumstances of the property and proposal are unique and can only be
addressed by approval of the waiver, and
The property and applicant are damaged physically or economically,
beyond that normal to the development process, if the waiver is not
approved.
waiver.crt
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188
To: Mayor & City Council
From: Linda Cohen,
C Attorney
D
Re: - wy ' ' oratorium
John W. Rants, Mayor
After review and discussion of the Highway 99 waiver with Mike Walter, and Mike Kenyon,
it was determined that additional language should be considered for inclusion into the
resolution. The purpose of these amendments is to bolster our defense should anyone
challenge the issue of the creation of an emergency in the institution of the ordinance.
The suggested language changes to Ordinance NO. 1679 is as follows:
Section 3. Waiver (NEW) In the event the moratorium creates an undue hardship
with respect to financial, personal, or other reason, the interested party(ies) may
petition in writing to the City Council. A date to hear that petition will be set by the
Council President. In considering the petition the Council will bear in mind the
intent of the moratorium; the best interests of the City weighed against the interests
of the individual; the circumstances and the hardship caused by the moratorium; and
the damage that could result from strict adherence to the moratorium.
,Sectio 4. Vec e Ri h s (New) The moratorium created by this ordinance does not
apply to properties with vested rights on the date of enactment of this ordinance.
"Vested Rights" shall be defined in accordance with Washington State case law as
those properties which have submitted to the City a fully complete building permit
application which is in compliance with the zoning and land use codes in effect on
the effective date of this ordinance.
Sections 3 & 4 of the existing ordinance are to be re- numbered Sections 5 & 6.
Sections 5, 6 & 7 are to be re- numbered Sections 7, 8 & 9 respectively.
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Section 1. Ordinance No. 1679 is hereby amended to add the following new sections:
Section 3. Waiver. New In the event the moratorium creates an undue
hardship with respect to financial, ersonal, or other reason, the interested party(ies)
may petition in writing to the City Council. A date to hear that petition will be set by
the Council President. In considering the petition the Council will bear in mind the
intent of the moratorium; the best interests of the City weighed against the interests
of the individual; the circumstances and the hardship caused by the moratorium; and
the damage that could result from strict adherence to the moratorium.
Section 4. Vested Rights (New). The moratorium created by this ordinance
does not apply to properties with vested rights on the date of enactment of this
ordinance. Vested Rights" shall be defined in accordance with Washington State
case law as those properties which have submitted to the City a fully complete
building permit application which is in compliance with the zoning and land use
codes in effect on the effective date of this ordinance.
Section 5. Administrative Determination (New). Administrative
determination regarding the interpretation and application of this ordinance shall be
made by the Director of Community Development (DCD). Any aggrieved party may
appeal such a determination to the City Council by filing a Notice of Appeal with the
City Clerk within 10 days of the date of the determination. The City Council shall
consider the appeal at a public hearing within 30 days thereafter. The decision of the
City Council shall be final and conclusive.
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Washington
Ordinance No. /l 7 9
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, W D
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RELATING TO LAND USE AND ZONING IN THE C -2 ZONE ALONG HIGHWAY 99 V 0
FROM S. 137TH TO S. 154TH ST.; ESTABLISHING A MORATORIUM ON ACCEPTANCE `N CI
OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES AND ,W W
BUILDING PERMITS FOR CERTAIN USES; AND DECLARING AN EMERGENCY.'
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WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns, pool rooms, 2
liquor stores and night Clubs located along Highway 99 have been counter to neighborhood livability g 7
.andpublic health and safety; and W <
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WHEREAS, the previous experience of this City with these land uses, the potential enactment t- W;
of State regulatory legislation, and the pending development of a new Comprehensive Plan and certain ? p
implementing zoning regulations by the City, require that the City thoroughly consider all aspects of =s' '{`µ'':? O;
zoning and business regulations relating to these land uses; and W
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WHEREAS, in the absence of a moratorium, new applications for such business licenses and V G: co
building permits could establish certain rights to locate in the Highway 99 neighborhood contrary to O —
the intent of the City Council to carefully and thoroughly provide for the appropriate locations and 0 f=
regulations; and V
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VV.HEREAS; the new Comprehensive Plan at this time envisions a neighborhood activity area —O
which is substantially different from the current regional retail focus of Highway 99, and substantial 111 N;
detriment to this vision would be caused by.allowing contrary land uses; and U -';
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WHEREAS, the City Council therefore finds that the protection of the public health, safety Z
and welfare requires establishment of the said moratorium;
NOW,•THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY.
ORDAINS AS FOLLOWS: •
Section 1. Findings of Fact. Based upon public testimony and other evidence presented to it,
the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental to the public
health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities
must be prohibited until the new Comprehensive Plan or Zoning regulations can be reviewed and
adopted.
B. The history of criminal activity in the I-Iighway 99 area has included prostitution,
narcotics and liquor law violations, breaches of the peace and the presence within the land uses of
individuals with hidden ownership interests and outstanding arrest warrants.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision, and
general welfare of the Highway 99 neighborhood .it is important that Tukwila prevent these land uses
from increasing in the neighborhood.
D. The new Comprehensive Plan is scheduled to be reviewed, heard and adopted by the
City Council in 1994. The Plan, as currently drafted by the Tukwila Tomorrow Committee, envisions
a neighborhood orientation between at least S. 137th St. and S. 148th St of neighborhood scale land
uses and living environment, and the City Council is considering extending the neighborhood
orientation from S. 148th St. to S. 154th St.. The existing regional orientation of the prohibited land
uses is contrary to and detrimental to achieving this vision.
Section 2. SEPA Exemptioq. Pursuant to Tukwila Municipal Code Ch. 21.04, and
Washington Administrative Code 197 -11 -880, the City Council finds that an exemption under SEPA •
for this action is necessary to prevent an imminent threat to public health and safety and to prevent an
imminent threat of serious environmental degradation through continued development under the
existing regulations. SEPA review of any permanent regulations proposed for replacement of this
moratorium shall be conducted. •
Section 3. Effective Period of Moratorium. The moratorium shall be effective immediately
upon adoption of this ordinance and shall continue in effect for six months, unless subsequently
repealed, modified, or extended after a subsequent public hearing and entry of appropriate findings of
. fact pursuant to Chapter.207 of Laws of 1992, by the City Council.
Section 4. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of
this ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall
immediately cease accepting any new applications for development or licenses relating to motels,
hotels, taverns, pool rooms, liquor stores and nightclubs and similar land uses. The moratorium shall
cover those areas described in attachment A.
Section 5. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the
moratorium established by.this ordinance was held before the City Council on
Section 6. Severability. If any section, sentence, clause or phrase o this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
,Section 7. Effective Daft. The City Council finds that a public emergency exists necessary
for the protection of the public health, public safety, public property or public peace. Accordingly,
this ordinance shall be effective immediately upon its adoption pursuant to RCW 35A.12.130.
PASSED BY THE CITY �QUNCIL OFiE CITY OF TUKWILA, WASHINGTON, at a
•Regular Meeting thereof this 4 day of ,LSCi�c►rot,deg 1993.
ATTEST /AUTHENTICATED:
APPROVED AS TO FORM:
—.
By d`,F /2 - C)I.-
Office of the City Attorney
FILED WITH THE CITY CLERK: /o? •a - 9 3
PASSED BY THE CITY COUNCIL: /,Z d; _ J j'
PUBLISHED: i2 - /D- % 3
El•rtCTIVE DATE: j,-,c7 _ (o _. 2.3
ORDINANCE NO: /67 J
moraord 12/07/93
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John W. Rants, Mayor
Department of Community Development
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
e ,
Mayor Rants
Rick Beeler, DCD.r71"."
January 20, 1994
Moratorium on Specific Development Along Ilighway 99 -
Ordinance No. 1679.
Rick Beeler, Director
On 15edeniber 6.,193,"the City Council adopted Ordinance No 1679 to impose a .
moratorium -on development of certain uses on Regional-BUsiness (C-2) zoned properties irfiliniited.area along Highway 99: In full compliance with Chapter 207 of Laws of 1992
the.public hearing on Ordinance No. 1679 was sChedUled fth Jaiiiiary'24.,-1994,Vithin 60.-
newspaper itootd"inid'ingl'Ed tb
all C-2 property owners of record and the Blue Star Motel design consultants. •
This moratorium prevents development, and the issuance of business licenses, for motels,
hotels, taverns,pool rooms, liquor stores, nightclubs and similar uses. The Ordinance
cited the potentially detrimental effects to the public health, safety, morals, and general
welfare and the history of criminal activity along Highway 99. It enumerated various
findings of fact including the history of criminal activity. on Highway 99, such as
prostitution, narcotics, liquor law violations and breaches of the peace. The City Council
did not want to exacerbate the criminal activity in this'area, and the Council wanted to
preserye‘the yision of a safe ,"neighborhood.centert which is part of Tukwila's
Comprehensive Plan that is currently being drafted by the TukwilaTomorrow Citizen
Cdnunittee.
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Compared to other parts of the City, a dis ro o —.__2__p_rhonae_numhar-ofmotels-exist-along
iligIn When Tukwila annexed this area, residents expressedice •
regarding the concentration of criminal activity in this neighborhood. Those concerns
have continued and have been expressed by residents throughout the City, largely because
of the criminal activity and police resources required to respond.
• Pursuant to the Growth Management Act (GMA), the City istpilating its ComprehensiYeL
Plan and'development regillatioas. That process includes initial drafting of the Plan by the
• Tukwila Tomorrow citizen committee. The committee earmarked thejarailthaaThlaug___
}lighway99 for'i "neighborhood 'center" which is intended to be of lower intensity and,
• 'less impacting land uses than the prohibited uses in the existing C-2 zone along Highway
99. Therefore, significant potential exists th f • II I • ' 0 1 4 • ce N
_•,,X'alkiwedtoinultiply, would seriously impede the ability to create a "neighborhood
colter",
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City of Tukwila
Department of Community Development
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Rants
Rick Beeler, DCD
December 1, 199
Highway 99 Moratorium
John W. Rants, Mayor
Rick Beeler, Director
The City Council requested a summary of Tukwila Tomorrow's contemplated changes to
the Comprehensive Plan Map. This information is to be used to evaluate, whether or not
the currently drafted moratorium ordinance should extend to those areas tentatively being
changed by Tukwila Tomorrow. Attached is a map of portions of the City being
considered for changes to the Comprehensive Plan Map. Also the following background
is provided as a context for the Council's discussion.
Tukwila Tomorrow is in Phase II (of three phases) and has completed review of the
residential areas of the City. Some changes were tentatively placed on the Comprehensive
Plan Map for final consideration in Phase HI.
The Committee is now studying the areas of Highway 99, Interurban Ave., Southcenter
Boulevard, Urban. Center and Manufacturing/Industrial Center. Changes to the Map
haven't been designated yet, except for consensus of a "neighborhood center" along
Highway 99 in the area of the moratorium.
Phase III will include consideration of the Committee's accumulated work in a single
package. The Committee will also consider Map change requests from property owners.
As a result the tentative Map changes shown in the attachment may change again.
RECOMMENDATION: No addition to the moratorium ordinance.
Only the Highway 99 area has progressed sufficiently in the Comprehensive Plan update
process to adequately support inclusion in a moratorium. Until Phase •III is sufficiently
completed, consideration of additional areas is premature.
Attachment
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Ordinance No.
AN ORDINANCE OF : 1 CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELA v i G TO LAND USE AND ZONING IN THE C -2 ZONE
• ��: ` 1 .ALONG HIGHWAY 9', ESTABLISHING A MORATORIUM ON •tew
ACC i'•TANCE OF APPLICATIONS FOR, AND ISSUANCE OF, USINESS
'!' t. -s., LIES AND BUILDING PERMITS FOR CERTAIN USES. AND
))ECL' ARING AN EMERGENCY L �'
WHEREAS specific experiences of Tukwila with the motels, hotels, taverp,
pool rooms, 4ewilittitileys, liquor stores, nightclubs and-Of/Wen-located along Higliivay
99 have been counter to neighborhood livability and public health and safety; and
WHEREAS, the previous experience of this City with tia land uses, the potential
enactment. of State regulatory legislation, and the pending development of a new
Comprehensive Plan and certain implementing zoning regulations by the City, require that
the City thoroughly consider all aspects of zoning and business regulations relating to
these land uses; and
WHEREAS, in the absence of a moratorium, new applications for such business
licenses and building permits could establish certain rights to locate'in the Highway 99
neighborhood contrary to the intent of the City Council to carefully and thoroughly
provide for the appropriate locations and regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood
activity area which is substantially different from the current regional retail focus of
Highway 99, and substantial detriment to this vision would be caused by allowing contrary
land uses; and
WHEREAS, the City Council therefore finds that the'protection of the public
health,'safety and welfare requires establishment of the said moratorium; •
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TUKWILA HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. Based upon public testimony and other evidence
presented to it, the Tukwila City Council makes the following Findings of Fact:
A. Th land uses defined and regulated hereinafter are potentially detrimental
to the public health; s , morals, and general welfare of the citizens of Tukwila and,
therefore, such activities must be prohibited until the new Comprehensive Plan or Zoning
regulations can be reviewed and adopted.
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B. The history of criminal activity, in the Highway 99 area has included MOP
prostitution, narcotics and liquor law violations, breaches of the peace and the presence
within the land uses of individuals with hidden ownership interests and outstanding arrest
warrants.
C. In order for Tukwila to effectively protect the public health, safety, morals,
vision, and geNral welfare of the Highway 99 neighborhood it is iniportant that Tu ; a
prevent these land utes from increasing in the neighborhood.
Thkne* „..Ca iprehensiva. anis,steduied to be reviewed, h d and ;,,.
adopteiy the City Council in 1994. The Plan, as currently drafted by th ukwila 5,
Tomorrow Committee, envisions a neighborhood orientation between at east S. 137th St.
and S..th St of neighborhood scale land uses and living environment.,,The existing
regional orientation of the prohibited land uses is contrary to and detrimental to achieving
this vision.
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Section 2. SEPA Exemption. Pursuant to Tukwila Municipal Code Ch. 21.04,
and Washington Administrative Code 197 -11 -880, the City Council finds that an
exemption under SEPA for this action is necessary to prevent an imminent threat to public
health and safety and to prevent an imminent threat of serious environmental degradation
through continued development under the existing regulations. SEPA review of any
permanent regulations proposed for replacement of this moratorium shall be conducted.
Section 3. Effective Period of Moratorium. The moratorium shall be effective
immediately upon adoption of this ordinance and shall continue in effect for six months,
unless subsequently repealed, modified, or extended after a subsequent public hearing and
entry of appropriate findings of fact pursuant to Chapter 207 of Laws of 1992, by the City
Council.
Section 4. Duties of City Clerk. The City Clerk shall immediately transmit a true
copy of this ordinance to the Director of the Tukwila Department of Community
Development. Tukwila shall immediately cease accepting any new applications for
development or licenses relating to motels, hotels, taverns, pool rooms, ,
liquor stores, nightclubs and theaters and similar land uses. The moratorium shall cover
those areas described in attachment A.
Section 5. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public
hearing on the moratorium established by this ordinance was held before the City Council
on December ; 1993.
Section 6. Severabilitv. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
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Section 7. Effective Date. The City Council finds that a public emergency exists
necessary for the protection of the public health, public safety, public property or public
peace. Accordingly, this ordinance shall be effective immediately upon its adoption
pursuant to RCW 35A.12.130.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA3
WASHINGTON, at a Regular Meeting thereof this day of '
1993. •
John W. Rants, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk,
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
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MORATORIUM BOUNDARIE
ZONED C-2 REGIONAL RETAIL
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City of Tukwila
Department of Community Develop ent
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
John W. Rants, Mayor
ick Beeler, Director
Mayor Rants
Rick Beeler, DC //
November 18, 1 • '3
Moratorium on Specific Development Along Highway 99
Per the City Council's direction on November 15, 1993, this analysis and draft ordinance
are provided for discussion at the November 22, 1993, Committee of the Whole. I was
asked to review:
1. What types of development should be prevented on an interim basis until the new
Comprehensive Plan or Zoning Code are completed.
2. . Inclusion of a waiver process.
3. The length of time the moratorium can legally be imposed.
TYPES OF DEVELOPMENT TO BE AFFECTED
Much of the crime and social problems in the area can be traced to . some of the businesses
along Highway 99. Predominantly problems occur in the adult entertainment, motel and
tavern establishments. In addition these and other regional types of businesses conflict
with the neighborhood character and orientation being developed in the new
Comprehensive Plan. The Plan being developed by the Tukwila Tomorrow citizens
committee envisions changing the historical regional orientation along a part of Highway
99 (through traffic and zoned C -2) to a neighborhood oriented sere area more
appropriately zoned C -1.
A disproportionate number of motels exist along Highway 99 compared to other portions
of the City. Prior to annexation to Tukwila this was of concern to the neighborhood
residents. After annexation the concern persists as does the desire to make the area a
healthy, livable and vibrant neighborhood.
Adult entertainment is now under a development moratorium and needs not to be included
in the moratorium under consideration. Hotels, motels, taverns, pool rooms, bowling
alleys, liquor stores, nightclubs, theaters, and other similar regional retail uses permitted in
to C -2 zone could be temporarily prohibited by a moratorium.
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Memorandum
Mayor Rants
Page 2
Tukwila Tomorrow is earmarking theIdighway 99 neighborhood between S. 137th St. and
S. 148th St-for;a Neighborhood Center. This geographical area could be the limits of the
moratorium. Cei to n1y .the "sfongest cad, relative to the new Comprehensive Plan
for this description. Otherwise the moratorium could be applied to the entire Highway 99 0_ ICJ
length with Some, a dditionaFreview and, consideration. c
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WAIVER PROCESS, ►,,,: `..' i CO to ■
Nom.
A waiver process, similar to that used during the SAO adoption, could be included in the w o
moratorium. The SAO waiver process was directed at development standards, not the g
actual use allowed under zoning. Therefore, it was easier to administer and write waiver a;
decision criteria.. That effort increases and is compounded when considering the use of the i co m
land itself. ~. _;
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If the Council seriously wants to limit these uses because of their inherent regional z
orientation, a waiver process to allow the uses conflicts with that intent. Once permitted, .
;moo:.
the uses can operate similar to existing uses that caused the moratorium. Therefore, staff co
does not recommend instituting the waiver process at this time. 0
MORATORIUM DURATION `u �'
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Moratoriums can be imposed for six month periods, similar to that done for adult ::c.) 2
entertainment. The longer the moratorium is in effect, the greater the chances of ~p •
thwarting someone wanting to develop one of the prohibited uses, which could lead to a z
legal challenge of the moratorium.
If Blue Star Motel is exempted from the moratorium an instant challenge is avoided.
Other prohibited uses are not now under discussion or application, therefore, the
likelihood of a challenge is not significant.
RECOMMENDATION
Adoption of the attached ordinance imposing a six month moratorium on regional retail
uses in the area of Highway 99 between S. 137th St. and S. 148th St.
Attachment
i:iJ:m:1O.a.n ri * :ads.:tt: JvY� :_:a.'n4.::: tai •<.i:- u:i2uii; ^:tv.u'..'ki rr�.�..'�n:4•:).:sse..13::.> :kdhftt +:. Ss. S;lJ.:.• Jt' ._.....'. �.5.&i:t:.uai+:GSr.ck•,u3:u:r.' S'u'.t �.�.e .sifv'� :.i :3;; : itact }'�`:ekt.4 hn.:W. `.rd.
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN THE C -2 ZONE
ALONG HIGHWAY 99; ESTABLISHING A MORATORIUM ON •
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, BUSINESS
LICENSES AND BUILDING PERMITS FOR CERTAIN. USES; AND
DECLARING AN EMERGENCY.
WHEREAS, specific experiences of Tukwila with the motels, hotels, taverns,
pool rooms, bowling alleys, liquor stores, nightclubs and theaters located along Highway
99 have been counter to neighborhood livability and public health and safety; and
WHEREAS, the previous experience of this City with this land uses, the potential
enactment: of State regulatory legislation, and the pending development of a new
Comprehensive Plan and certain implementing zoning regulations by the City, require that
the City thoroughly consider all aspects of zoning and business regulations relating to
these land uses; and
WHEREAS, in the absence of a moratorium, new applications for such business
licenses and building permits could establish certain rights to locate in the Highway 99
neighborhood contrary to the intent of the City Council to carefully and thoroughly
provide for the appropriate locations and regulations; and
WHEREAS, the new Comprehensive Plan at this time envisions a neighborhood
activity area which is substantially different from the current regional retail focus of
Highway 99, and substantial detriment to this vision would be caused by allowing contrary
land uses; and
WHEREAS, the City Council therefore finds that the protection of the public
health,. safety, and welfare requires establishment of the said moratorium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TUKWILA HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings of Fact. Based upon public testimony and other evidence
presented to it, the Tukwila City Council makes the following Findings of Fact:
A. The land uses defined and regulated hereinafter are potentially detrimental
to the public health, safety, morals, and general welfare of the citizens of Tukwila and,
therefore, such activities must be prohibited until the new Comprehensive Plan or Zoning
regulations can be reviewed and adopted.
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B. The history of criminal activity in the Highway 99 area has included
prostitution, narcotics and liquor law violations, breaches of the peace and the presence
within the land uses of individuals with hidden ownership interests and outstanding arrest
warrants.
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C. In order for Tukwila to effectively protect the public health, safety, morals,
vision, and general welfare of the Highway 99 neighborhood it is important that Tukwila
prevent these land uses from increasing in the neighborhood.
D. The new Comprehensive Plan is scheduled to be reviewed, heard and
adopted by the City Council in 1994. The Plan, as currently drafted by the Tukwila
Tomorrow Committee, envisions a neighborhood orientation between at least S. 137th St.
and S. 148th St of neighborhood scale land uses and living environment. The existing
regional orientation of the prohibited land uses is contrary to and detrimental to achieving
this vision.
Section 2. SEPA Exemption. Pursuant to Tukwila Municipal Code Ch. 21.04,
and Washington Administrative Code 197 -11 -880, the City Council finds that an
exemption under SEPA for this action is necessary to prevent an imminent threat to public
health and safety and to prevent an imminent threat of serious environmental degradation
through continued development under the existing regulations. SEPA review of any
permanent regulations proposed for replacement of this moratorium shall be conducted.
Section 3. Effective Period of Moratorium. The moratorium shall be effective
immediately upon adoption of this ordinance and shall continue in effect for six months,
unless subsequently repealed, modified, or extended after a subsequent public hearing and
entry of appropriate findings of fact pursuant to Chapter 207 of Laws of 1992, by the City
Council.
Section 4. Duties of City Clerk. The City Clerk shall immediately transmit a true
copy of this ordinance to the Director of the Tukwila Department of Community
Development. Tukwila shall immediately cease accepting any new applications for
development or licenses relating to motels, hotels, taverns, pool rooms, bowling -alleys .m
.lamer- stares, nightclubs andTeatersand similar land uses. The moratorium shall cover
those areas described in attachment A
Section 5. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public
hearing on the moratorium established by this ordinance was held before the City Council
on December ; 1993.
Section 6. Severabilitv. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
• jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
; 4r000stitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 7. Effective Date. The City Council finds that a public emergency exists
necessary for the protection of the public health, public safety, public property or public
peace. Accordingly, this ordinance shall be effective immediately upon its adoption
pursuant to RCW 35A.12.130.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, at a Regular Meeting thereof this day of
1993. •
John W. Rants, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk,
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
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TO: Rick Beeler
FROM: Moira Carr Bradshaw
DATE: 17 November 1993
SUBJECT: Pacific Highway Moratorium
Thank you for the opportunity to review the memo. I have a couple .
of comments. I am very concerned about the attempt to list uses
that should be prohibited and the lack of attention to the location
(map) of the discussion.
TYPES OF DEVELOPMENT TO BE PREVENTED
During my review of the'area and discussions with Ron Waldner, I
have not heard of any unusual rate of crime associated with
taverns. Indeed, if you look at a recent 6 month case report list,
domestic abuse cases are by far the majority.
In the same sentence you mention adult entertainment, motels, .
taverns and similar establishments. I do not know how to
categorizing what . might be "similar" establishments. Perhaps a
better title to categorize them would be helpful.
The memo needs to say that the neighborhood orientation discussed
by the Tukwila Tomorrow Committee is only for a small section of
the highway and not the whole length. I do agree there seems to be
a high number of motels between 150th and 139th but I only know of
2 taverns and I'm not sure how this seems disproportionate.
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MORATORIUM DURATION
The last sentence in the first paragraph is a run -on and confusing.
You say that six months is needed to be effective but this could
lead to a legal challenge. Then after mentioning Blue Star, you
say that a challenge is not likely?
In order to effectively-defend this proposal I think we should list
the "specific experiences" mentioned in the draft proposed
ordinance that we have relating to the uses listed.
If you have information that would help me with the 99 review
regarding these experiences such as hidden ownership, it might be
useful for us to talk about them. Thanks.