HomeMy WebLinkAboutOrd 1566 - Moratorium on Certain Uses to Exempt Certain Single-Family Residential Lots (Repealed by Ord 1758) City of 1l
Washington
Cover page to Ordinance 1566
The full text of the ordinance follows this cover page.
AN ORDINANCE. OF THE CITY OF TUKW%
WASHINGTON, AMENDING ORDINANCE 1644 AS
PREVIOUSLY AMENDED BY ORDINANCE 1550, TO
EXTEND THE PERIOD OF THE M RIUM ON
DEVELOPMENT OF CERTAIN PROPS IN THE CITY
OF TUKWILA, TO EXEMPT CERTAIN ISTING SINGLE
FAMILY RESIDENTIAL LOTS, AND FIXING AN
EFFECTIVE DATE
Ordinance 1566 was amended or repealed by the
following ordinances.
AMENDED REPEALED B
1758
ILA
1906
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. J
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE 1544 AS
PREVIOUSLY AMENDED BY ORDINANCE.- 1550, TO
EXTEND THE PERIOD OF THE MORATORIUM ON
DEVELOPMENT OF CERTAIN PROPMISTING IN THE CITY
OF TUKWILA, TO EXEMPT CERTAIN SINGLE
FAMILY RESIDENTIAL LOTS, AND FIXING AN
EFFECTIVE DATE
WHEREAS, by Ordinance 1544 passed November 20, 1989 as clarified and
amended by ordinance 1550 passed December 18, 1989, the City Council imposed a
moratorium on development on certain property within the city, and
WHEREAS, the purpose of such moratorium was to prevent development on
such specified property, unless exempt or unless a waiver was granted by the city
Council, until the adoption of an ordinance to protect and regulate development of
environmentally sensitive areas within the city, and
WHEREAS, the moratorium is scheduled to expire by the terms of Ordinance
1544 on May 13, 1990, and
WHEREAS, it is in the public interest and necessary to prevent environmental
degradation for the moratorium to be extended to allow for orderly deliberation and
passage of a Sensitive Areas Ordinance, and
WHEREAS, due to the length and extent of deliberation and public comment it
is not possible to pass a Sensitive Areas Ordinance by the expiration date of the
moratorium, and
WHEREAS, the City Council has determined that the environment may not be
significantly adversely affected by allowing development on existing single family
residential lots.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Extension of Moratorium. Pursuant to Section 2.13 of ordinance
1544, the moratorium imposed by Ordinance 1544 and clarified and amended by
Ordinance 1550 is hereby extended for a period of six months from the date of passage
of this ordinance or until the effective date of a Sensitive Areas Ordinance, whichever
period is shorter. Section 2.13 is therefore amended to read as follows:
B. The moratorium established herewith shall be temporary in nature,
shall commence on the effective date of this ordinance, and shall run until
midnight October 8, 1990, or until the effective date of a Sensitive Areas
ordinance. whichever period is shorter, unless sooner ended or extended by
action of the City Council.
Section 2. Criteria for Waiver. The second paragraph of Section 3.E of
Ordinance 1550 is amended to require that anyone requesting a waiver furnish the
planning staff for presentation to the city council a specific development proposal, and
to provide that no waiver request will be considered without such a proposal. Section
3.E is therefore amended to read as follows:
Section 3. Exemption of Single- Family Lots. Section 2.0 of Ordinance 1544 is
amended to further provide that the Director of Department of Community Development
may exempt single family lots from operation of the moratorium. Section 2.0 is
therefore amended to read as follows:
c. The moratorium shall not prohibit development for which the necessary
final building or subdivision or short plat permits or approvals have been
obtained prior to the effective date of this ordinance, or for which completed
applications for a building permit or for a subdivision or short plat have been
filed with the appropriate officials of the City prior to such date. In addition,
where as single family development will not affect the sensitive area portion of
a lot as defined in the original draft of the Sensitive Areas Ordinance, dated
October 25, 1989, the Director of the Department of Community Development
may exempt that proposal from the moratorium. In reviewing such proposals,
the Department of Community Development will consider whether the
development is likely to have any impact on the sensitive area during any
phase of the project, including use and occupation, and will require a waiver
from the City Council if there is any question about the proposal's impact.
Section 4. Reaffirmation of Moratorium. In all other respects the provisions of
Ordinance Nos. 1544 and 1550 are reaffirmed.
Section 5. Effective Date. This ordinance shall be in full force and effect five
days after publication of the attached summary, which is hereby approved.
PASSED BY THE CITY COUNCIL OF TJCITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 7 day of 1#90.
an Dusen, ayor
By
E. In addition to Paragraph C above, all development for which there were
specific applications pending on November 20, 1989, and which do not impact
the "sensitive area" or its "buffer" as those terms are defined in the October 25,
1989 Sensitive Area Ordinance, may continue to be processed during the
period of the moratorium provided the applicant and the property owner, if
different from the applicant, execute for recording an agreement that all such
continued processes be subject to the provisions of any Sensitive Areas
ordinance passed before the termination of this moratorium and
acknowledging that such is continued at their request and at their risk and
expense. The agreement must also state that it is understood that regardless
of the continuation of such pending processes, application or requests for any
other processes required for the project but not specifically applied for by 5:00
p.m. November 20, 1989, will not be accepted or processed during the
moratorium period, unless it is clear on the face of such applications that the
process applied for will not impact such "sensitive areas" or "buffers" except
that under no circumstances will a new application for a building permit be
accepted.
For those who feel the moratorium on their property is creating an undue
hardship for financial, personal, or other reasons, they may petition in writing to
the City Counsel. A date for the council 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.
ATTEST /AUTHENTICATED:
ie antu, Ac ng ity Clerk
APPRO D AS TO FORM:
OFFIC F THE ITY TTORNEY:
FILE WITH THE CITY CLERK: 7- 9 0
PASSED BY THE CITY COUNCIL;-„ 7_ 7d
PUBLISHED: $t y- y b
EFFECTIVE DATE:
ORDINANCE NO.: /6-6, a
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
1544 AS PREVIOUSLY AMENDED BY ORDINANCE 1550, TO EXTEND THE PERIOD
OF THE MORATORIUM ON DEVELOPMENT OF CERTAIN PROPERTY IN THE CITY OF
TUKWILA, TO EXEMPT CERTAIN EXISTING SINGLE FAMILY RESIDENTIAL LOTS, AND
FIXING AN EFFECTIVE DATE.
On 222t 1990, the City Council of the City of Tukwila passed
Ordinance No. DD�� which provides as follows: extends the moratorium on
development of certain property in Tukwila, establishes criteria for requesting a waiver,
provides for exemption of certain single family residential Tots, and provides for 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.
APPROVED by the City Council at its meeting of 2nt,i, 7 1990.
CAN CLERK
PUBLISHED: Valley Daily News, Wednesday, May 9, 1990