HomeMy WebLinkAboutOrd 1685 - Moratorium on Building Permits, Comprehensive Plan Amendments & Rezones (Repealed by Ord 1697) i z
Tu kwi*la
C ity o
Washington
Ordinance No. 6 �5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO LAND USE AND
ZONING IN SIX LOCATIONS; ESTABLISHING A
MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR,
AND ISSUANCE OF BUILDING PERMITS, COMPREHENSIVE
PLAN AMENDMENTS AND REZONES; AND DECLARING AN
EMERGENCY.
WHEREAS, the State Growth Management Act requires the City to prepare and adopt a
new Comprehensive Plan, Zoning Map and development regulations that meet State land use
goals for the future growth of the City; and
WHEREAS, the new Comprehensive Plan being drafted by the City's designated citizen
committee, Tukwila Tomorrow, at this time emphasizes strengthening existing neighborhoods by
reducing land use and zoning inconsistent with single family zones; and
WHEREAS, 14 locations were identified by the Tukwila Tomorrow Committee to be
inconsistent with existing single family zoning and corresponding changes are being
contemplated to the Comprehensive Plan and Zoning Map; and
WHEREAS, substantial detriment to the goals of the new Comprehensive Plan and Zoning
Map would be caused by allowing contrary land uses; and
WHEREAS, in the absence of a moratorium, new applications for building permits,
Comprehensive Plan amendments and rezones could establish certain rights to locate uses in the
single family neighborhoods contrary to the proposed new Comprehensive Plan and Zoning
Map; 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,
WASHINGTON, 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 Comprehensive Plan land use designations shown in Attachment A are
potentially detrimental to the general welfare of the citizens of Tukwila and, therefore, should be
prohibited, until the new Comprehensive Plan or Zoning regulations can be reviewed and
adopted, in order to provide the City with maximum flexibility to meet the requirements of the
Growth Management Act.
B. Protection and preservation of existing single family neighborhoods is the land use
policy most widely held by the community, as clearly found in many community meetings and
an extensive Vision Tukwila process.
C. In order for Tukwila to effectively protect the public health, safety, morals, vision and
general welfare of existing single family neighborhoods, it is important that Tukwila prevent
incompatible 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 strong single family neighborhoods. The existing incompatible non single family land
uses shown in Attachment A are 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 finds
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, building permits,
Comprehensive Plan amendments and rezones in those areas described and identified in
Attachment A as paragraphs 3, 4, 6„ 7, 8 and 11.
Section 5. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the
moratorium established by this ordinance will be held within 60 days of its adoption.
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.
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 TUKWILA, WASHINGTON, at a
Regular Meeting thereof this a 0 7-14 day of C (2 m b f 1993.
ATTEST /AUTHENTICATED:
7)
ne Cantu, City Clerk
APPROVED AS TO FORM:
bdgmora 12/28/93
By of the City Attorney
FILED WITH THE CITY CLERK: 5 5
PASSED BY THE CITY COUNCIL:
PUBLISHED: 5 y 5
EFFECTIVE DATE: -5 3
ORDINANCE NO.: /b
W. Rants, Mayor
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SW 431
the City Council of the City of Tukwila passed Ordinance
No. estab ishing a moratorium on acceptance of applications for, and issuance of,
buil mg permits, Comprehensive Plan amendments and rezones until the new Comprehensive
Plan or Zoning regulations can be reviewed and adopted; and declaring an emergency.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO LAND USE AND ZONING IN
SIX LOCATIONS; ESTABLISHING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF
BUILDING PERMITS, COMPREHENSIVE PLAN
AMENDMENTS AND REZONES; AND DECLARING AN
EMERGENCY.
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.
APPROVED by the City Council at its meeting of
PUBLISHED: SEATTLE TIMES, 1/5/94 IA
SUMMARY OF ORDINANCE NO. 76
,tee r
ne E. Cantu, City Clerk