HomeMy WebLinkAboutReg 2011-06-20 Item 7D - Ordinance - Repeal Moratorium Regarding Preservation of Industrial Land within MIC CO UNCIL AGENDA SYNOPSIS
Initials ITEMNO.
Meeting Date Prepared by Mayors ev�w Council review
06/20/11 JP
ITEM INFORMATION
I CASNUMBER: 11-063 1 ORIGINAL AGE`NDADATE: JUNE 20, 2011
AGFNDA Repeal moratorium on acceptance/ issuance of applications on certain non-
industrial uses within the Manufacturing Industrial Center(MIC).
CXI9 GORY Discussion Motion Resolution Ordinance BidAward Public Hearing ❑Other
R4tg Date Mtg Date Mtg Date Mtg Date 06/20/11 Mtg Date Mtg Date Mtg Date
SPONSOR ❑Council ❑Mayor Adm Svcs DCD Finance .Fire Legal Pd�R E] Police PW
SPONSOR'S Ordinances #2277 (2/15/10), #2280 (4/5/10), #2300 (8/2/10) and #2313 (1/3/11)
SUMMARY established and modified six -month moratoriums on accepting applications for certain
non industrial uses in the Manufacturing Industrial Center (MIC) while the issues were
being studied. Once the recommended changes have been adopted there will be no further
need for the moratorium to prevent the establishment of incompatible uses.
RI3VI73WED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE N/A
:COST.IMPACT [FUND. SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE L':. RECORD OF ;COUNCIL'ACTION
01/03/11 Public Hearing and renewal of moratorium
06/13/11 Forward ordinance to repeal the moratorium to the next Regular Meeting
IMTG.DATEI ATTACHMENTS
6/20/11 Informational Memorandum dated June 14, 2011
Ordinance in Final Form
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Tukwila City Council
FROM: Nora Gierloff, Deputy DCD Director
DATE: June 14, 2011
SUBJECT: Repeal of Manufacturing Industrial Center (MIC) Moratorium
ISSUE
Should the moratorium on certain non industrial uses within the Manufacturing Industrial Center
(MIC) be repealed prior to its expiration?
BACKGROUND
The current moratorium on the acceptance of applications for certain non industrial uses within
the Manufacturing Industrial Center (MIC) was put into place to avoid the establishment of uses
that might become non conforming with the adoption of updates to the City's development
regulations. Once the City Council acts on the ordinances to implement the recommended
changes the moratorium will no longer be needed.
DISCUSSION
If the implementing ordinances and this repeal ordinance are adopted by the Council at the
June 20, 2011 meeting they will both take effect on June 28, 2011. This will permit applicants to
submit for permits within the MIC /L and MIC /H Zones slightly earlier than they would be able to
if they had to wait for the moratorium to expire on July 1 st
RECOMMENDATION
The Council is being asked to approve this ordinance repealing the moratorium only after it acts
to approve the ordinance containing the changes to the Zoning Code recommended in the
Issues and Opportunities Paper developed through the MIC update process.
ATTACHMENT
Ordinance in final form
WA2011 Info MemosWICRepealer.doc 1 06/14/2011
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I LL-�
ulty of TukWila
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ashin
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING A MORATORIUM
RELATING TO THE PRESERVATION OF INDUSTRIAL LAND
WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTER
AND ON THE ACCEPTANCE OF APPLICATIONS FOR AND
ISSUANCE OF LAND USE, BUILDING, AND DEVELOPMENT
PERMITS, BUSINESS LICENSES AND /OR APPROVALS FOR
ANY CHANGE IN USE FOR CERTAIN NON INDUSTRIAL
USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER
ZONE; REPEALING ORDINANCE NO. 2321; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila contains one of four manufacturing and industrial
centers (MIC) in King County; and
WHEREAS, these MIC areas are key components of the regional economy and are
designated via a regional process through the Countywide Planning Policies; and
WHEREAS, on February 16, 2010, the Tukwila City Council adopted Ordinance No.
2277, which declared an emergency and established a moratorium on the acceptance
and issuance of applications for certain non industrial uses within the Manufacturing
Industrial Center zones; and
WHEREAS, on April 5, 2010, the Tukwila City Council, following a public hearing,
adopted Ordinance No. 2280, which adopted findings of fact to justify the moratorium
adopted by Ordinance No. 2277 and which also amended Ordinance No. 2277; and
WHEREAS, on April 5, 2010, staff from the Department of Community
Development presented the City Council a work plan intended to study and address
issues with the City's MIC zones; and
WHEREAS, on August 2, 2010, following a public hearing, the City Council adopted
Ordinance No. 2300, which renewed and extended the moratorium adopted by
Ordinance No. 2277; and
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WHEREAS, as outlined in Ordinance No. 2300, the Department of Community
Development completed a report entitled, "Tukwila manufacturing Industrial Center
Comprehensive Plan Update Background Report," which presents an inventory of the
current businesses and land use within the MIC; and
WHEREAS, on January 3, 2011, following a public hearing, the City Council
adopted Ordinance No. 2321, which renewed and extended the moratorium adopted by
Ordinance No. 2277; and
WHEREAS, the City of Tukwila has engaged and informed stakeholders in and
adjacent to the MIC area of the review process and materials through mailings, surveys,
interviews, web site postings and print articles to elicit information, concerns and
comments; and
WHEREAS, on April 14, 2011, a public workshop and open house was held to
receive input on recommended changes to the Manufacturing Industrial Center Element
of the Comprehensive Land Use Plan and corresponding development regulations as
described in the "Issues and Opportunities Report", and
WHEREAS, on April 28, 2011, the City of Tukwila Planning Commission held a
public hearing and, after receiving and studying staff analysis and comments from the
public, has recommended approval of changes to the Comprehensive Land Use Plan
and zoning as stated in the "Issues and Opportunities Report and
WHEREAS, on June 13, 2011, the City Council conducted a public hearing on the
Planning Commission recommendations for Comprehensive Plan and zoning text
changes for the Manufacturing Industrial Center;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Repealed. The moratorium imposed by Ordinance No.
2321 regarding the preservation of industrial land within the City's Manufacturing
Industrial Center and upon the receipt and processing of business license applications,
building permit applications, land use applications, and any other permit applications
related thereto is hereby repealed.
Section 2. Repealer. Ordinance No. 2321 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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