HomeMy WebLinkAboutOrd 1721 - Land Use and Zoning in C-2 Zone Along Highway 99 (Repealed by Ord 1759)City of Tukwila
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Ordinance No. / 72 /
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 5. 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 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 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. 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
PASSED BY THE CITY CO CIL O THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this /.7 day of , 1994
ATTEST /AUTHENTICATED
e E. Cantu, City Clerk
JohrfIW Rants, Mayor
APPROVED AS TO FORM.
By( /
Office of the City Attorney (f
FILED WITH THE CITY CLERK. /Z - ?" ? / j
PASSED BY THE CITY COU�Nf IL. lo? -/� V % ,Y�
PUBLISHED• /o2 15• T
EFFECTIVE DATE. /a_ Zp - ? 7
ORDINANCE NO. / 1 A
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The full text of this ordinance will
written request to the City Clerk of the City
APPROVED by the City Council at
SUMMARY OF ORDINANCE NO 7
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 RENEWING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE
OF, NEW BUSINESS LICENSES AND BUILDING PERMITS
FOR CERTAIN USES
On lag /a2 i the City Council of the City of Tukwila passed Ordinance
No 7 renewing 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.
be mailed without charge to anyone who submits a
of Tukwila or a copy of the text.
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Cantu, City Clerk