HomeMy WebLinkAboutOrd 2142 - Moratorium on Lots Not Meeting Minimum Lot AreaCity of Tukwila
Washington
ORDINANCE NO 2142
TERMINATE MORATORIUM BY 2154
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A MORATORIUM ON THE
DEVELOPMENT OF LOTS THAT DO NOT MEET THE CITY'S MINIMUM
LOT AREA; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, there are lots within the City that do not meet the City's minimum lot
area; and
WHEREAS, many of these lots were created prior to the enactment of Washington
State's subdivision statutes and the City's subdivision regulations; and
WHEREAS, the City has received and will continue to receive development
applications for the development of these lots; and
WHEREAS, the City needs to study the best method for regulating the
development of these substandard lots; and
WHEREAS, uncertain regulation has and will result in the development of lots that
are inconsistent with the City's Zoning Code and Comprehensive Plan, which will
impact noise, density, environmental degradation, traffic, and fire safety within the
City; and
WHEREAS, pursuant to RCW 35.63.200, RCW 35A.63.220 and RCW 36.70A.390, the
City may adopt a moratorium for a period of up to six months, provided that a public
hearing on the moratorium is held within 60 days after its adoption; and
WHEREAS, RCW 35A.12.130 authorizes an ordinance to take effect immediately if a
majority plus one of the Council members deem the ordinance necessary for the
protection of public health, public safety, public property, or the public peace; and
WHEREAS, without an immediate effective date, applications for development of
these lots could establish vested rights to develop lots in neighborhoods and places that
are inconsistent with the City's Zoning Code and Comprehensive Plan, and enable legal
challenges to the City's ability to regulate these lots;
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 finding of fact as if fully set forth herein.
Section 2. Purpose. The purpose of this moratorium is to allow the City adequate
time to adopt regulations for lots that do not meet the City's minimum lot area. The
Mayor is authorized to allocate the necessary resources to prepare a work program to
address the land use planning issues identified in this ordinance, and the City shall
implement such a work program.
1
C: \Documents and Settings \AII Users Desktop \Kelly \MSDATA \Ordinances \Substandard Lot Moratorium.doc /K/11/17/06
Section 3. Moratorium Imposed. The City Council hereby imposes a moratorium
on the development of lots that do not meet the City's minimum lot area. However, this
moratorium shall not be construed to prevent the issuance of building, mechanical or
plumbing permits for repair or maintenance of existing structures. Additionally, this
moratorium shall not prohibit the construction of new accessory buildings or additions
to existing structures, development that is vested prior to the enactment of this
moratorium, or development approved by the City through its variance process within
the 365 days preceding the enactment of this moratorium.
Section 4. Effective Period of Moratorium. The moratorium shall become effective
as set forth in Section 8 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 5. Public Hearing to be Held. A public hearing on the issue of the
moratorium shall be held no later than 60 days after the date of adoption herein.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 8. 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 the
"WHEREAS" clauses above, all of which are adopted by reference in Section 1 as findings
of fact, as if fully set forth herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
r
at a Regular Meeting thereof this 20TH DAY OF NOVEMBER, 2006.
ATTEST/ AUTHENTICATED:
JANE E. Cantu, CMC, City Clerk
APPROVE TO RM BY:
Office of the Cney
Steven M. Mullet, Mayor
Filed with the City C1erk:J// /0
Passed by the c9ity Cpuncil•—i
Publisherl 67
Effective Date: /VI) /C, vN 4- 646 -e-z
Ordinance Number• V
2
C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Substandard Lot Moratorium.doc /K /11/17/06
SUMMARY OF ORDINANCE
No. 2142
City of Tukwila, Washington
On November 20, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2142, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington,
establishing a moratorium on the development of lots that do not meet the City's
minimum lot area; providing for severability; and declaring an emergency.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of November 20, 2006.
Jame E. Cantu,tMC, City Clerk
Published Seattle Times: November 22, 2006