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HomeMy WebLinkAboutOrd 1550 - Moratorium on Development of Certain Property and Declaring Emergency (Repealed by Ord 1758) 1566 §3E 1758 1582 §2 te •190s• CITY OF TUMILA WASHINGTON ORDINANCE NO. AS ISO AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CLARIFYING AND AMENDING ORDINANCE NO. 1544 ESTABLISHING A MORATORIUM ON DEVELOPMENT OF CERTAIN PROPERTY, DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council, on November 20, 1989, passed Ordinance No. 1544 declaring a moratorium on development on properties described as sensitive areas, and WHEREAS, questions have been raised as to the Council's intent indefining "Development" and in describing the area affected by the moratorium, and WHEREAS, the moratorium appears to work unnecessary hardship on certain property owners or developers who had applications or processes pending on the effective date of the moratorium which applications or processes were not specifically excepted from the operation of the moratorium, and WHEREAS, the City Council wishes to clarify and amend Ordinance No. 1544 to cure these uncertainties and hardships, and WHEREAS, Ordinance No. 1544 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, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Clarification of Definition of "Development." It was and is specifically intended by the City Council that the definition of "Development" contained in Section 1.B of Ordinance No. 1544 be construed as broadly as possible to include all processes relating to land use, specifically including but not limited to those mentioned in Ordinance No. 1544, SEPA applications and Board of Architectural Review applications. Section 2. Clarification and Amendment of Designation of Property Affected. It was and is specifically intended by the City Council that the moratorium apply to all parcels containing a "sensitive area" and not that it apply only to the "sensitive area" itself. In furtherance of this clarification, Sections 2.A and D of Ordinance No. 1544 are amended to read in full as follows: A. No development shall be permitted to occur on any parcel of property in Tukwila, Washington, containing any area designated as a sensitive area or as open space during the moratorium which is established by this ordinance. No permits allowing such development shall be issued during such moratorium. D. All applications for development specifically including, but not limited to, new permit applications, rezones, or plats (regular or short) on any property in Tukwila, Washington, described in paragraph A above, submitted during this moratorium shall be refused and not processed until this moratorium has terminated. 0 Section 3. Specific Conditional Exceotions. There shall be added to Section 2 of Ordinance No. 1544 new paragraphs E, F and G as follows: 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 Council. 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 hardship caused by the moratorium; and the damage that could result from strict adherence to the moratorium. F. An additional exception to the moratorium shall be granted to those 12,000 square feet or lesser sized R -1 properties which are already developed with a single family home. G. An exception process is hereby established for any property owner for whom the moratorium prohibits acting on an issue that constitutes a hazard or threat to the safety of people or property. 1. The applicant shall submit an exception request to the Director of Community Development, explaining the threat to persons or property, the expected results from inaction, and a plan for dealing with the threat. 2. The Director of Community Development shall consider the exception appeal, and may require scientific, technical or other reports for verification of the hazard. 3. The Director of Community Development shall respond to the request for exception within three business days of receiving both the exception application and any additional information requested. If immediate response is dictated by the circumstances of the emergency, a more timely response will be given. a. In no case will an exception be given for wholesale clearing and /or grading of property, but this amendment is intended only to allow action such as the removal of hazardous vegetation such as trees. Section 4. 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. 1544, which establishes a moratorium on development on certain prooperty within the City. PASSED BY THE CITY COUNCIL OF TK CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this jR day of J, 1989. A Ga Van Dusen, Mayor ATTEST /AUTHENTICATED: la rfi L Ar k:erson, ity erk APPRO ED AS TO FORM: OFFI HE CI AT NEY: By /i Fl D WITH THE CITY CLERK: 1a /8- 8 9 PASSED BY THE CITY COUNCIL; is -/8 �q PUBLISHED: roz a `7 9 EFFECTIVE DATE: 90 ORDINANCE NO.: /.56 3 SUMMARY OF ORDINANCE NO. P.T_TZ7 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CLARIFYING AND AMENDING ORDINANCE NO. 1544 ESTABLISHING A MORATORIUM ON DEVELOPMENT OF CERTAIN PROPERTY, DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE. On .ill.t.Cmi,ctu/L— /8. Mg?, the City Council of the City of Tukwila, passed Ordinance No. /-5 which provides as follows: clarifying and amending Ordinance No. 1544 establishing a Moratorium on develop- ment of certain property, declaring an emergency and setting 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 At,. g' 1989. Cl/ir xi'neiAnderson, City Clerk PUBLISHED: VALLEY DAILY NEWS DECEMBER 27, 1989 SENT BY FAX THURSDAY, DECEMBER 21, 1989 C12 TRANSMITTAL: FAX NUMBER: 854 -1006 FROM: CITY OF TUKWILA Maxine Anderson, City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 433 -1800 0