HomeMy WebLinkAboutOrd 1832 - Moratorium on Itinerant Housing or Housing for Transients as Social Service Ji iii
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Washington
Ordinance No. /9131Z
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING A SIX MONTH MORATORIUM
ON CERTAIN LAND USES AND 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 and development regulations consistent
with that Comprehensive Plan; 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 itinerant living or housing
provided to a transient population as a social service that are not addressed within the City's
Comprehensive Plan or Zoning Code; and
WHEREAS, the City desires to ensure that the location 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 plans for such land use which can have a dramatic effect
on the community absent Comprehensive Plan, Zoning Code, and development regulations
addressing such land use; and
WHEREAS, the City desires to preserve the status quo as it relates to such land use 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
establishment of itinerant housing, or housing provided to transients as a social service. No
business license, development permit, occupancy permit, change of occupancy permit, or other
approval shall be granted for such housing during the effective period of this moratorium, unless
otherwise provided by this ordinance. "Development permits" shall include, but are not limited
to, subdivision approvals, short subdivision approvals, approvals for any and all rezones, site
plan review approvals, multifamily development permits and approvals, and building permits for
development activity resulting in the alteration of existing, units or the creation of new units. 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 or legally established use.
Section 3. Effective Period of Moratorium. The moratorium established by this
Ordinance shall become effective as set forth in Section 5 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. 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 preempted 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 5. 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.
Section 6. Work Program. The Mayor is authorized to allocate the necessary resources to
prepare a work program to address issues related to itinerant housing and housing provided to
transients as a social service, and to develop appropriate proposals for amendment of the Tukwila
Comprehensive Plan, Zoning Code and other development regulations as may be necessary.
Section 7. 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 8. Hardship Clause. In the event of unusual or unreasonable hardships which
may be caused by the imposition of this moratorium, appeal may be made to the City Council for
an exemption from the moratorium provisions; provided, unique burdens or unreasonable
hardships must be shown to exist by an applicant, and no exemption shall be granted that is
contrary to the intent and purpose of this Ordinance.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Meeting thereof this 23 day of 4� 1998.
ATTEST /AUTHENTICATED:
APPROVED AS TO FORM:
By
Offi e of the orney
FILED WITH THE CITY CLERK: J- 7- 98
PASSED BY THE CITY COUNCIL:4 41
PUBLISHED: a -a -91
EFFECTIVE DATE: 4 1 �f
ORDINANCE NO.: 8J2
W. Rants, Mayor
Published Seattle Times: o,9 /2 7/7f
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. f S Sat
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ESTABLISHING A SIX
MONTH MORATORIUM ON CERTAIN LAND USES
AND DEVELOPMENT ACTIVITIES; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
On ,.2/-.V.3 23 /9 g the City Council of the City of Tukwila passed Ordinance
No. /0.4 2 establishing a six -month moratorium on the establishment of itinerant housing,
or housing provided to transients as a social service; authorizing the Mayor to allocate the
necessary resources to prepare a work program to address issues related to itinerant housing and
housing provided to transients as a social service, and to develop appropriate proposals for
amendment of the Tukwila Comprehensive Plan, Zoning Code and other development
regulations as may be necessary; providing for a public hearing; providing for a hardship clause;
and providing for severability.
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 /a 3/71'
c
Jane E. Cantu, City Clerk