HomeMy WebLinkAboutOrd 1544 - Moratorium on Development of Certain Property and Declaring Emergency (Repealed by Ord 1758) ��WLLA �y,_ V'
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C TY OF T LA
WASHINGTON
ORDINANCENO.
P m rN p CD 6y.' AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A MORATORIUM ON
DEVELOPMENT ON CERTAIN PROPERTY WITHIN THE
CITY, DECLARING AN EMERGENCY AND FIXING AN
epeeaed bt/ EFFECTIVE DATE.
i 1
/75-9 WHEREAS, the City Council has determined that the current zoning and land use
regulations of the City of Tukwila relating to certain areas within the City are inadequate to
protect the health, safety and welfare of the citizens and the environmental quality of such
areas, and
WHEREAS, the City Council has referred the issue of further land use regulations
for such areas (referred to as sensitive areas) to the Planning Commission for
consideration and public hearing, and
WHEREAS, the SEPA Responsible Officer for the City has made a determination
that such further regulations would not have a significant adverse impact on the
environment and has issued a DNS with regard thereto, which determination is currently
the subject of certain appeals, and
WHEREAS, the Planning Commission has held a first public hearing on such issues
on November 9, 1989, and
WHEREAS, on November 7, 1989, voters approved a King County bond issue to
authorize the acquisition of certain property located within the boundaries of the City of
Tukwila for open space, and the Planning Commission and the City Council need adequate
time for careful consideration of and input to the "sensitive areas' ordinance, and time to
allow acquisition of the bond open space areas, and
WHEREAS, the SEPA Responsible Official for the City has determined that such a
moratorium is exempt from SEPA procedures pursuant to WAC 197 -11- 800(20), and
WHEREAS, after notice duly given, a public hearing on the issue of a moratorium
was held before the City Council on November 13, 1989, at which time all those wishing to
speak were heard, and
WHEREAS, action must be taken immediately to avoid an imminent threat of public
health, safety, and welfare and to prevent an imminent threat of serious environmental
degradation pending final action by the City Council and King County.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWIIA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions.
A. "Moratorium" shall mean a time period of six months from the effective date of
this ordinance during which no development shall be permitted.
B. "Development" shall include any clearing, grading, filling, building, or any similar
or related land use activity whether or not any permit or prior approval is required, and
shall include any activity or procedure for which application must be made to any
department or board of the City of Tukwila.
C. "Sensitive Area" means any wetlands, watercourses, slopes steeper than 15
landslide hazard areas, and abandoned coal mine areas, all as defined in the Draft Sensitive
Areas Ordinance dated October 25, 1989, on file at the Tukwila Department of Community
Development.
D. "Open Space" means those areas in Tukwila designated in the King County bond
issue approved by election on November 7, 1989, a description of which is on file with the
City Clerk which description is hereby incorporated herein.
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Section 2. General Reauirements.
A. No development shall be permitted to occur in 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.
B. The moratorium established herewith shall be temporary in nature, shall
commence on the effective date of this ordinance, and shall run until midnight on May 13,
1990, unless sooner ended or extended by action of the City Council.
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.
D. All applications for development specifically including, but not limited to, new
permit applications, rezones, or plats (regular or short) in a sensitive area or open space
area submitted during this moratorium, shall be refused and not processed until this
moratorium has terminated.
Section 3. Severabilitv. If any portion of this ordinance is found or rendered invalid
or ineffective, all remaining provisions shall remain in full force and effect.
Section 4. Penalty. The general penalties provided for in the Tukwila Municipal
Code shall apply to any violations of this ordinance, and any person, firm, corporation, or
association failing to comply with any of the provisions hereof shall be deemed guilty of a
misdemeanor.
Section 5. Effective Date. This ordinance shall take effect and be in force
immediately upon its passage as an emergency ordinance in order to consider and adopt
new land use regulations for sensitive and open space areas.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, THIS a b DAY OF -z .s% 1989.
2.z
11Vah Dusen, Mayor
ATTEST /AUTHENTICATED:
Mdxine Anderson, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE CITY CLERK: I i 9
PASSED BY THE CITY COUNCIL; 1 i o -131
PUBLISHED: /1- a 6
EFr'ECTIVE DAM:: Ii- At" Y
ORDINANCE NO.: j_5 i/