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HomeMy WebLinkAboutReg 2006-11-20 Item 8C - Ordinance - Moratorium Regarding Transit Oriented Development (Sound Station/Longacres) COUNCIL AGENDA SYNOPSIS �J,��t`ttitA tc ip NI,) =0, 's O Initialr ITEM No. �i 1� Meetin Date Prepared by Mayor's review until review tis OP 11/13/06 SL 1 1 Ylfr' 11/20/06 1 SI/ 9 1 cohe iso ITEM INFORMATION CAS NUMBER: 06-128 I ORIGINAL AGENDA DATE: NOVEMBER 13, 2006 AGENDA ITEM TITLE Adoption of a proposed ordinance modifying and renewing a temporary moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date 11/20/06 Mtg Date Mtg Date 11/13/06 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Council must renew or modify the proposed ordinance, or allow the current ordinance to SUMMARY lapse. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: 10/24/06 RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of the proposed ordinance COMMITTEE Unanimous Approval; Forward to COW COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $o Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION_ 11/13/06 Public Hearing Held and Ordinance forwarded to next regular meeting MTG DATE ATTACHMENTS. 11/13/06 Information Memo dated 11/8/06 Draft Ordinance Community Affairs and Parks Minutes 10/24/06 11/20/06 Information Memo dated 11/14/06 Ordinance in final form with amended wording from discussion at 11/13/06 meeting Gity o T u k i, t Steven M. Mullet Mayor Q i� v tr i e t Department of Community Development Steve Lancaster, Director 1909 TO: Tukwila City Councilmembe From: Steve Lancaster, DCD Directo Date: November 14, 2006 Subject: Adoption of proposed ordinance renewing a temporary moratorium on land divisions and certain land use decisions in the Longacres TOD planning area. Background In September 2002, Council adopted an ordinance establishing a six -month moratorium on the acceptance of certain land divisions and land use decisions within the transit- oriented development (TOD) planning area surrounding the Sounder Commuter Rail/Amtrak station (see Figure 1). The moratorium was intended to preserve land available for development or redevelopment and restrict land uses that do not implement the vision for the area until land use and transportation plans and regulations supporting the TOD at the station are in place. Ordinance 2123, renewing the moratorium, was adopted in June 2006 and expires December 2, 2006. Council must decide whether to renew or modify the ordinance, or let the moratorium lapse. To date, Council has renewed the moratorium seven times, modifying it to provide more flexibility in use of the parcels while the Tukwila Urban Center (TUC) plan was being developed. On October 24, 2006, CAP authorized staff to forward the proposed ordinance to Council for a public hearing, which was held on November 13, 2006. There was one public comment given at the hearing regarding the moratorium on boundary line adjustments (BLA), and the Council directed Staff to revise the ordinance to allow BLAs, with conditions. There is likely to be little negative effect on the larger parcels of land if the modifications are adopted. New parcels of land cannot be created by a BLA, and the individual lots must still meet the zoning standards. No written comments were received. Discussion The current ordinance with the Council directed revisions: Prohibits the filing of all permits and approvals related to land divisions and such uses or activities as manufacturing, industrial auto oriented businesses. Exempts the filing of and approvals related to the expansion of existing businesses on existing lots, sign permits and building permits for tenant improvements, and the extension of a current land use permit. More uses are permitted in the TOD area than affected by the moratorium. The moratorium does not affect the filing of approvals related to all other uses currently allowed under TUC zoning, which support and implement the vision for the area, 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 including those that are easily redevelopable such as auto sales lots, contractor or storage yards, or commercial parking. Allows BLAs, provided it is to accommodate the development of a use permitted under the ordinance. To date, Staff has not been made aware of any other negative effects from the moratorium on plans to develop or redevelop properties in the TOD, most likely due to the limited scope of the moratorium. Should a specific project be proposed that falls outside the uses permitted under the moratorium, Staff will consider the appropriateness of the project and bring it forward to the Council for deliberation. Proposed Next Steps At the next regular meeting on November 20, 2006 Council has the following options: a) Adopt the proposed ordinance with the proposed modifications. The moratorium remains in effect for six months, at the end of which Council must hold another public hearing and renew, modify, or allow it to lapse. b) Modify the proposed ordinance. It remains in effect for six months, at the end of which Council must hold another public hearing and either renew, modify, or repeal the moratorium. c) Take no action. When Ordinance No. 2123 expires on December 2, 2006, land divisions, development activities and land uses will occur in the area as allowed under the City's zoning. Planning and implementation of the TUC vision and other transportation improvements may be more difficult. Staff Recommendations Adopt the proposed ordinance with the proposed modifications. Set the effective date of the ordinance to December 2, 2006, when the current ordinance expires. R, 9 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT- ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City recognized the unique opportunity to promote a more compact, mixed use, pedestrian supportive pattern of development that makes effective use of its proximity and accessibility to the Sounder commuter -rail and Amtrak station in Tukwila, and includes a mix of retail, service, office and residential uses; and WHEREAS, a more intensive pattern of transit oriented development (TOD) would assist the City with the redevelopment of the Tukwila Urban Center, one of thirteen designated urban centers within King County, and provide workers with commercial, public and recreational services close to where they live or work; and WHEREAS, a more intensive pattern of TOD would benefit the region by assisting in achieving Growth Management Act requirements and increasing local and regional transit ridership; and WHEREAS, in August 2001, the City held a workshop, inviting other key stakeholders to explore the possibilities for a TOD in the Longacres area; and WHEREAS, the workshop resulted in strong support for the project and a "vision" for land use and transportation in the Longacres TOD area; and WHEREAS, to implement this vision, the City applied for and was awarded a $1.5 million grant by the Federal Highways Administration to prepare a master plan for the Longacres area, identifying land use, urban design and transportation /circulation objectives, as well as to prepare implementing ordinances and design guidelines, complete environmental review of the plan and designate it as a planned action, and integrate the design of the permanent commuter rail /Amtrak station; and WHEREAS, while the City anticipates the TOD master plan project to be completed by the middle of 2007, some issues need to be addressed immediately in order for the TOD project to be successful; and WHEREAS, the Tukwila Urban Center (TUC) zoning district allows for a variety of high- intensity regional uses in the TOD planning area, including light industry and warehousing, some of which may not be of appropriate type, density or character to support the intent of a TOD; and WHEREAS, the Longacres site is considered one of the region's key opportunities for TOD, primarily due to the large amount of vacant and re- developable land surrounding the station; and C:\Documents and Settings \All Users\ Desktop \Kelly\MSDATA \Ordinances\TOD Moratorium 11- 06.doc LM:ksn 11/16/2006 Page 1 of 4 WHEREAS, any significant amount of new development occurring prior to the establishment of a desired pattern of uses in the TOD master plan could jeopardize the City's ability to implement the TOD plan; and WHEREAS, the City's Municipal Code allows for the division of land and adjustment of boundary lines that, if allowed to occur in the TOD planning area, would make future land assemblage for a TOD project difficult and costly, and threaten the successful implementation of the TOD master plan; and WHEREAS, within the TOD planning area, the City desires to take immediate steps to preserve the land available for development or redevelopment and restrict land uses that do not implement the vision for the area until the TOD at Longacres master plan and environmental review are completed, certain implementing zoning regulations are adopted by the City, and other related regional transportation infrastructure issues are decided; and WHEREAS, the City also desires to ensure public input on these issues; and WHEREAS, the moratorium will expire on December 2, 2006 and the TOD planning process is not yet completed; and WHEREAS, a public hearing on this proposed ordinance was held on November 13, 2006; and WHEREAS, the City desires to provide for an exemption to the moratorium for residential mixed -use TOD projects within one quarter mile of the Sounder Commuter Rail /Amtrak Station property, as amended by Ordinance 2085; and WHEREAS, within the designated TOD planning area, the City desires to preserve the land necessary for relocating the 100 foot -wide Union Pacific Railroad right -of -way to the area immediately adjacent to the west side of the Burlington Northern Santa Fe Railroad 100 -foot right-of-way by prohibiting further development within this corridor, since this relocation is integral to the successful development of a TOD; 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; and WHEREAS, the City desires to renew the Ordinance, with modifications, for a subsequent six-month period; 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 Area Identified. For the purposes of this ordinance, "the TOD planning area" is identified in Figure 1. This area is bounded by I -405 on the north, Tukwila City limits on the east, the southern boundary of parcel number 2523049006 on the south, and West Valley Highway on the west. Section 3. Moratorium on Activities. A moratorium originally established by Ordinance No. 1996, on September 16, 2002, and most recently renewed by Ordinance No. 2123, on May 15, 2006, is hereby renewed, regarding the filing of permits and approvals within the TOD planning area relating to: A. Land divisions: This includes all permits and approvals related to subdivisions, short subdivisions and lot consolidations. C:\Documents and Settings\All Users Desktop \Kelly\MSDATA \Ordinances\TOD Moratorium 11 -06.doc LM:ksn 11/16/2006 Page 2 of 4 B. Development Activities and Land Uses. This includes all applications and approvals for any and all: 1. Rezones. 2. Conditional use permits. 3. Unclassified use permits. 4. Variances. 5. Binding site plans. 6. Required environmental review. 7. Building permits. 8. Land altering permits; Relative to the followine activities and uses: a. Amusement parks. b. Automobile, recreational vehicles or travel trailer sales rooms. No dismantling of cars or travel trailers or sale of used parts allowed. c. Automotive services. d. Cemeteries and crematories. e. Commercial laundries. f. Drive -in theaters. g. Drive- through restaurants. h. Electrical substations distribution. i. Heavy equipment repair and salvage. j. Internet data /telecommunication centers. k. Manufacturing, processing and /or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 1. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. m. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. n. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. o. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand- forging. p. Motels. C:\Documents and Settings\All UserslDesktop\Kelly\MSDATA \Ordinances \TOD Moratorium 11 -06.doc LM:ksn 11/16/2006 Page 3 of 4 q. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. r. Warehouse storage and /or wholesale distribution facilities. Sign permits, building permits for tenant improvements, the extension of current land use permits, and expansion of existing businesses on existing lots are exempt from this ordinance. Boundary line adjustments are allowed only when it is to accommodate the development of uses permitted under this ordinance, as approved by the Community Development Director. Section 4. Moratorium on Development Adjacent to the Burlington Northern Santa Fe (BNSF) Railroad right -of -way. In addition to the provisions of Section 3 above, any permitted or conditional uses allowed within the TUC district under TMC Chapter 18.28 are prohibited on properties located within 100 feet of the BNSF Railroad right -of -way between I-405 and Longacres Way, unless the property is to be developed under an approved developer agreement with the City. Section 5. Effective Period of Moratorium. The moratorium renewed by this ordinance shall become effective as set forth in Section 9 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 6. Work Program. The Mayor is authorized to allocate the necessary resources to prepare a work program to address the land use and transportation planning issues identified in this ordinance and the City shall implement such a work program. Section 7. Exemption. Residential mixed -use transit- oriented development projects within one quarter mile of the Sounder Commuter Rail /Amtrak Station property are specifically exempted from this moratorium except for property located within 100 feet of the Burlington Northern Railroad right -of -way as set forth in Section 4 above. Section 8. Severability. If any section, subsection, 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 preemption shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other persons or circumstances. Section 9. Effective Date. This ordinance, or a summary thereof, shall be published in the official- newspaper of the City and shall take effect and be in full force on December 2, 2006. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2006. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment Figure 1. 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