Record No: CB 119342    Version: 1 Council Bill No: CB 119342
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 9/24/2018
Ordinance No: Ord 125670
Title: AN ORDINANCE relating to land use and zoning; extending a moratorium established by Ordinance 125425 for six months on the filing, acceptance, or processing of applications for the establishment, expansion, or change of use for certain uses on parcels with a Commercial 1, Commercial 2, or Neighborhood Commercial 3 zoning designation within the Aurora-Licton Urban Village; declaring an emergency, and establishing an immediate effective date for this extension; all by a 3/4 vote of the City Council.
Sponsors: Rob Johnson
Supporting documents: 1. Summary and Fiscal Note, 2. Central Staff Memo (9/5/18), 3. Signed Ordinance 125670, 4. Affidavit of Publication
Related files: CB 119093

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to land use and zoning; extending a moratorium established by Ordinance 125425 for six months on the filing, acceptance, or processing of applications for the establishment, expansion, or change of use for certain uses on parcels with a Commercial 1, Commercial 2, or Neighborhood Commercial 3 zoning designation within the Aurora-Licton Urban Village; declaring an emergency, and establishing an immediate effective date for this extension; all by a 3/4 vote of the City Council.

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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council makes the following legislative findings of fact and declarations:

A.                     The Council incorporates by reference the findings of fact contained in Ordinance No. 125425.

B.                     In October 2017, the City Council passed and the Mayor signed Ordinance No. 125425 establishing a moratorium on the filing, acceptance, or processing of applications for the establishment, expansion, or change of use for certain uses, such as auto-oriented uses, warehouses, and heavy commercial and manufacturing uses, that are not consistent with neighborhood plan goals and policies on parcels with a Commercial 1, Commercial 2, or Neighborhood Commercial 3 zoning designation within the Aurora-Licton Urban Village, through October 5, 2018.

C.                     Although the City has worked to develop permanent regulations, the work has not been completed and the City Council is unlikely to act upon the proposed permanent regulations until after the expiration of the moratorium on October 5, 2018.

D.                     If the City Council does not adopt permanent regulations before the expiration of the temporary moratorium, the Seattle Department of Construction and Inspections must accept permit applications for projects with certain uses that are not consistent with neighborhood plan goals and policies. If this were to occur, proliferation of these uses could preclude development that is more consistent with the neighborhood plan goals and policies, which is contrary to the public interest as described in the findings of fact contained in Ordinance 125425.

E.                     Revised Code of Washington (RCW) 36.70A.390 authorizes the City to extend the duration of a moratorium by ordinance for one or more six-month periods.

Section 2. The moratorium set forth in Ordinance 125425 shall be extended and in effect for a period of six months from the effective date of this ordinance, and shall automatically expire after the six-month period unless the same is extended as provided by statute, or unless terminated sooner by the City Council.

Section 3. By reason of the findings set out in this ordinance, and the emergency that is declared to exist, this ordinance shall become effective immediately upon its passage by a 3/4 vote of the Council, and its approval by the Mayor.

Passed by a 3/4 vote of all of the members of the City Council the ________ day of _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.

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President ____________ of the City Council

Approved by me this ________ day of _________________________, 2018.

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Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2018.

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Monica Martinez Simmons, City Clerk

(Seal)