HomeMy WebLinkAboutOrd 1689 - Moratorium in C-2 Zone Along Highway 99 (Repealed by Ord 1759) ILA,
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6rz Ordinance No.
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
consider the appeal at a public hearing within 30 days thereafter. The decision of the
City Council shall be final and conclusive.
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 OAF TLIKWILA, WASHINGTON,
at a Regular Meeting thereof this '2' day of j
1994. 1
ATTEST/AUTHENTICATED:
a _6
ne E. Cantu, City Clerk
APPROVED AS TO FORM:
By 42„
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: 7 c 4/
PUBLISHED:2 /5 FS'
EFFECTIVE DATE:
ORDINANCE NO.: .f`
moramen 01/26/94
W. Rants, Mayor
rat
SUMMARY OF ORDINANCE NO. 4<)
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.
On 7/5Y the City Council of the City of Tukwila passed Ordinance
No. S amendir eprdinance No. 1679, which declared a moratorium on development
of certain uses in the C -2 zone along Highway 99; to establish provisions for a waiver and
appeal processes, define vested rights, provide for severability, and establish an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
ma y
APPROVED by the City Council at its meeting of i'
n4 E. Cantu, City Clerk
Published, Seattle Times: February's-15, 1994