HomeMy WebLinkAboutOrd 1679 - Land Use and Zoning in C-2 Zone Along Highway 99 (Repealed by Ord 1759) S
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Ordinance No.
AN 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 S. 154TH ST.; ESTABLISHING A MORATORIUM ON ACCEPTANCE
OF APPLICATIONS FOR, AND ISSUANCE OF, NEW BUSINESS LICENSES AND
BUILDING PERMITS FOR CERTAIN USES; AND DECLARING AN EMERGENCY.
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, 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 HEREBY
ORDAINS AS FOLLOWS:
Sectio 1. Find 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 scheduled to be reviewed, heard and adopted by the
City Council in 1994. The Plan, as currently drafted by the Tukwila Tomorrow Committee, envisions
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. Effecj ye Period f 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 findings 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 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 5. Public He ra ing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the
moratorium established by this ordinance was held before the City Council on December 1993.
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 Dgig. 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 UNCIL OF CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this U day of .�4 47.-z_h:4 1993.
A'1'1EST /AUTHENTICATED:
cz
e E. Cantu, City Clerk
APPROVED AS TO FORM:
By ax
Office of the City Attorney
FILED WITH THE CITY CLERK: 3
PASSED BY THE CITY COUNCIL: 7,Z
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO: /4- 7
moraord 12/07/93
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Joh6 Rants, Mayor
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MORATORIUM BOUNDARIE
ZONED C -2 REGIONAL RETAIL
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ATTACHMENT A
(REVISED 12/16/93)
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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.; ESTABLISHING A MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE
OF, NEW BUSINESS LICENSES AND BUILDING PERMITS
FOR CERTAIN USES; AND DECLARING AN EMERGENCY.
On 6 1 3 the City Council of the City of Tukwila passed Ordinance
No. /4, 7 L, establishing 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.; 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 12/10/93
E. Cantu, City Clerk