HomeMy WebLinkAboutOrd 1902 - Moratorium on Community Treatment Centers, Correctional Facilities, Transitional Homes, Detention Facilities & Similar Land Uses ILA, �V:
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Ordinance No. 19� c2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A SIX -MONTH
MORATORIUM ON CERTAIN LAND DEVELOPMENT
ACTIVITIES; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with
the Growth Management Act; and
WHEREAS, the City has adopted a Zoning Code consistent with that Comprehensive
Plan; and
WHEREAS, the City has adopted development regulations consistent with the Compre-
hensive Plan and in compliance with the Growth Management Act; and
WHEREAS, most types of land use are identified and provided for in the City's Zoning
Code; and
WHEREAS, there are certain types of land uses relating to community treatment centers
for prisoners, correctional facilities, transitional homes for prisoners, pre release centers,
limited security detention facilities, and similar uses that are not adequately addressed within
the City's Comprehensive Plan or Zoning Code; and
WHEREAS, the City desires to ensure that the zoning of such uses is consistent with its
policies and purposes embodied in its Comprehensive Plan, Zoning Code, and development
regulations; and
WHEREAS, the City also desires to ensure public input on these issues; and
WHEREAS, the City is aware of potential plans for such a land use which could have a
dramatic impact on the community without Comprehensive Plan, Zoning Code, and
development regulations addressing such land use; and
WHEREAS, the City desires to preserve the status quo for the protection of the health,
safety and welfare of City residents, as it relates to development in Tukwila, until these
matters are more fully considered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The "Whereas" clauses, above, are hereby adopted by
reference as the City Council's findings of fact as if fully set forth herein.
Section 2. Moratorium Established. A moratorium is hereby established upon the filing
of development permits and approvals relating to community treatment centers for prisoners,
correctional facilities, transitional homes for prisoners, pre- release centers, limited security
detention facilities and similar land uses. "Development permits and approvals" shall include,
but are not limited to, Conditional and/or Unclassified Use Permits, any required environ-
mental reviews, subdivision approvals, short subdivision approvals, approvals for any and all
Mrt -land dev 2 -2000 613199 1
building permits for development activity resulting in the alteration of existing units or the
creation of new units, or any other required permits or approvals. No such new applications
shall be accepted during the effective period of this moratorium; provided, however, that this
moratorium shall not affect vested rights, if any, applicable to any such previously submitted
and fully completed applications.
Section 3. Effective Period of Moratorium. The moratorium established by this
ordinance shall become effective as set forth in Section 7 below, and shall continue in effect for
six months thereafter unless repealed, renewed or modified by the City Council after a
subsequent public hearing and entry of findings of fact.
Section 4. Public Hearing to be Held. A public hearing on the issue of the moratorium
shall be held no later than sixty (60) days after the date of adoption herein.
Section 5. Work Program. The Mayor is authorized to allocate the necessary resources
to prepare a work program to address the land use issues identified in this ordinance and the
City shall implement such a work program.
Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre empted by
state or federal law or regulation, such decision or pre emption shall not affect the validity of
the remaining portions of this ordinance or its application to other persons or circumstances.
Section 7. Effective Date. This ordinance, as a public emergency ordinance necessary for
the protection of the public health, public safety, public property, or public peace, shall take
effect and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County
Board of Commissioners, 79 Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to
support this emergency declaration are included in Section 1 and in the "whereas" clauses,
above, all of which are adopted by reference. Additionally, absent this emergency declaration,
property owners could obtain vested rights to develop contrary to the Comprehensive Plan or
development regulations, during the period between adoption and five days after publication
of the ordinance.
PASSED BY THE CITY COUNCII OF THE CIJ Y OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of n <Pe 2000.
e
Q keti.) (V\ Mak/I
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
J rt E. Cantu, CMC, City Clerk
APPROVED
By
Office of the
TO FORM:
ity Attorney
FILED WITH THE CITY CLERK: a/
PASSED BY THE CITY COUNCIL: c
PUBLISHED: c2/ S /e
EFFECTIVE DATE: .2/a .214v
ORDINANCE NO.: /90A
Mrt -land dev 2 -2000 6/3/99 2
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. Zld
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, ESTABLISHING
A SIX -MONTH MORATORIUM ON CERTAIN LAND
DEVELOPMENT ACTIVITIES; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
22, i n the City Council of the City of Tukwila passed
Ordinance No. 90' establishing a six -month moratorium upon the filing of
development permits and approvals relating to community treatment centers for
prisoners, correctional facilities, transitional homes for prisoners, pre- release centers,
limited security detention facilities and similar land uses; providing for severability;
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 o2 i 7 /G�
Published Seattle Times:
Gu
Jan. Cantu, CMC, City Clerk