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HomeMy WebLinkAboutOrd 1109 - Reinstitute and Reaffirm Procedures and Waiver Requirements (Repealed by Ord 1247)ORDINANCE NO 1109 SECTION 6 AMENDED BY 1137 1186 REPEALED BY 1247 AN ORDINANCE OF THE CITY OF TUKWILA REINSTITUTING AND REAFFIRMING THE PROCEDURES AND WAIVER REQUIREMENTS AND REPEALING ORDINANCE NUMBERS 1035, 1053, AND 1091 AND DECLARING AN EMERGENCY. WHEREAS, the City of Tukwila has established the policy of preventing any land use actions that would be detrimental with regard to present community values and future goals and resources as demonstrated by the adoption of Reso- lution No. 489 on August 4, 1975, until a new Comprehensive Land Use Plan could be adopted by the City that conforms to current values and goals; and WHEREAS, the zoning laws still in existence for the City of Tukwila were adopted prior to the new City of Tukwila Comprehensive Land Use Plan and will need to be revised to accomplish the goals and objectives of the Plan; and WHEREAS, it is clear that the zoning map for the City of Tukwila no longer reflects the Comprehensive Plan of the community, its legislative body, and currently- recognized state of the art of planning; and WHEREAS, Ordinance No. 1035, as amended by Ordinance Numbers 1053 and 1091, have established a termination date; and WHEREAS, the adoption of a new zoning ordinance and map have not yet been completed as contemplated by Ordinance No. 1035, as amended; and WHEREAS, it is necessary to continue the procedures of Ordinance No. 1035, as amended, in order to promote the orderly development of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Policy Statement. All segments of the City, including the City Council, its advisory bodies and the administration, are directed to begin the development of a new zoning ordinance and map using the new Comprehensive Land Use policies, plans, and maps as a guide. Section 2. Definition. As used herein, "Comprehensive Land Use Plan Map" shall mean the maps of the new Comprehensive Land Use Plan document. ACTION Section 3. Waiver Required. Until such time as the zoning ordinance and map are brought into conformance with the new Comprehensive Land Use Plan Map or until the termination of this ordinance, whichever shall occur first, the following actions shall require a waiver and approval thereof by the City Council prior to processing of the applicable land use permit by the City: 1. Land Use actions, which are inconsistent with the new Comprehen- sive Land Use Plan Map. 2. Proposals for building, grading, clearing, excavation or filling which are located in a geographical area generally identified by the Environmental Basemap of the Comprehensive Land Use Policy Plan as an area of constraint. Building permits for single- family homes are exempt from the provisions of this ordinance. Section 4. Application Requirements. The City Administration shall process a preliminary and final waiver application, when properly applied for, through the City Council. These procedures shall be as follows: a. Preliminary Waiver Application. An applicant may make a prelim- inary Waiver Application to the City for determination if the pro- ject is basically consistent with the criteria in Section 5 of Ordinance #1035. The City Administration is directed not to pro- cess a preliminary waiver application nor place it on the City Council Agenda until such time as the applicant has submitted the following items: (1) A site plan showing at a minimum the building location, parking area configuration, access points, landscape areas, and the amount of necessary grading involved. (2) Renderings of the proposed structure showing the height, width, and the materials used to finish the exterior of the building. (3) A complete waiver application form completely filled in and signed by the applicant. The City Council will use the criteria in Section 5 of this ordinance to determine the merits of a waiver request and in their decision process determining whether to approve or deny said pre- liminary waiver application. Tentative approval of the City Council at the preliminary stage does not commit the Council to approval of the Final Waiver Application if there is any signifi- cant deviation from the information and plans submitted with the preliminary application request. b. Final Waiver Application. The City shall not process any final waiver application until such time as a complete application for the applicable permit has been received, including compliance with the State Environmental Policy Act, as set forth in RCW 43.21 C. Section 5. Waiver Request. A waiver shall not be granted unless a majority of the City Council finds that the proposed action is consistent with the following criteria: Section 6. Termination Date. This ordinance and the policy herein adopted shall remain in effect until the second regular council meeting of January, 1980, or until a new zoning ordinance and map is adopted, whichever comes sooner. Section 7. Emergency Declared. The adoption of this ordinance is declared to be an emergency and is necessary for the immediate preservation of the public health, safety and /or welfare and shall take effect immediately upon its passage. Section 8. Severability Clause. If any portion of this ordinance is deemed to be in violation of the constitution of this State or of the United States of America or of any other law, rule or regulation, said finding shall not render the remaining sections of this ordinance void. Section 9. Ordinance Numbers 1035, 1053, and 1091 are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 3 L day of 1979. Approved as to Form: CityV Attorney 1. That the proposed action does represent a unique condition which is insignificant in sacle. 2. That no other reasonable alternatives are available which would not require a waiver. 3. That sufficient mitigating measures are provided if the request for waiver involves building, grading, clearing, excavation or filling in a geographical area generally identified by the Envir- onmental Basemap as an area of high natural amenity or develop- ment constraint. 4. That the request for waiver is consistent with the goals and policies of the Comprehensive Land Use Policy Plan. 5. That the requirements of this ordinance impose a special hardship to a site for which a waiver of the provisions would not necessi- tate a major policy commitment prior to the adoption of the Zoning Ordinance and Map. ATTEST: 84., xi aa.zi, Mayor C 6%--,7 i City Clerk -3- Published: Record Chronicle April 27, 1979