HomeMy WebLinkAboutCOW 2006-11-13 Item 3 - Public Hearing - Moratorium Regarding Transit Oriented Development (Sounder Station/Longacres) COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION 1
CAS NUMBER: 06-128 I ORIGINAL AGENDA DATE: November 13, 2006
AGENDA ITEM TITLE Public hearing on proposed ordinance 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 X Public Hearing Other
Mtg Date Mtg Date Mtg bate Mt Date Mtg Date Mtg Date 11.13.06 Mtg Date
SPONSOR Council Mayor
Adm Svcs X DCD Finance Fite El Legal P &R Police PW
SPONSOR'S Council is required to hold a public hearing on the proposed ordinance prior to
SUMMARY adoption.
REVIEWED BY COW Mtg. X CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10.24.06
RECOMMENDATIONS:
Hold a public hearing and forward to regular meeting of the Council
SPONSOR /ADmiw. on November 20, 2006 for adoption, on the consent agenda.
COMI1II I E CAP supported the ordinance and forwarded to COW for public
hearing.
COST IMPACT FUND SOURCE 1
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source:
Comments:
I MTG. DATE 1 RECORD OF COUNCIL ACTION
Council adopted Ordinance No. 2123, Establishing a temporary moratorium on the
5.15.06 acceptance of applications for certain land divisions and land use decisions within
the area designated for transit oriented development.
1 MTG. DATE I ATTACHMENTS
11.13.06 Memo to City Councilmembers RE: Public hearing on a proposed ordinance,
establishing a temporary moratorium on land divisions and certain land use
decisions in the Longacres TOD planning area.
Proposed ordinance renewing six -month moratorium.
1 Copy of Memo to CAP dated 10.3.06 RE: Renewal of current moratorium
Minutes of CAP meeting, October 24, 2006.
.1 `j`IiLA 1,y
Steven M. Mullet Mayor
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f Citj/ of Tukwila
4 4rj./ vliP -z
i 2 Department of Community Development Steve Lancaster, Director
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1908
TO: City Council
From: Steve Lancaster, DCD Director
Date: November 8, 2006
Subject: Public hearing on an 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 the ordinance and hold a public hearing, 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.
When Ordinance 2123 was adopted, it was anticipated that the TUC Plan would be adopted by the end
of 2006, precluding any further need to renew the moratorium. However, other projects, such as the
design of the permanent commuter rail station, the Tukwila South Master Plan, and the Westfield
Southcenter Mall expansion, have taken priority over the review and adoption of the TUC Plan. At this
time, TUC Plan adoption is now anticipated in the second quarter of 2007. There is still a need for
keeping the moratorium in place until the plan for the area is adopted.
On October 24, 2006, CAP authorized staff to forward the proposed ordinance to Council for a public
hearing at their COW meeting on November 13, 2006. Notice for the public hearing on the moratorium
was provided. In addition, individual letters were sent to affected property owners and businesses
notifying them of the scheduled hearing. The proposed Ordinance is the same as that currently adopted.
Attached is a copy of the proposed ordinance.
Discussion
The current ordinance:
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.
LM Page 1 of 2 11/08/2006
6300 S 8 t" 1: 1M'ng YMPS 'PilY l3lV cloOPhone: 206 431 -3670 Fax: 206 431 -3665
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, including those that are easily
redevelopable such as auto sales lots, contractor or storage yards, or commercial parking.
Staff has not received any requests to modify the ordinance since the last renewal in November 2006.
To date, Staff has not been made aware of any 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 Stens
1. Council holds a public hearing on the moratorium at their COW meeting on November 13, 2006.
2. At the next regular meeting on November 20, 2006, Council has the following options:
a) Adopt the proposed ordinance. Council renews the Ordinance and its provisions remain the
same as the current Ordinance No. 2123. 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.
Recommendations
Place the adoption of the proposed ordinance on the consent agenda at the Council's next regular
meeting on November 20, 2006. Set the effective date of the ordinance on December 2, 2006, when the
current ordinance expires.
LM Page 2 of 2 11/08/2006
P :\LYNNM \Longacres TOD\moratorium\November 2006 \COW_11.13.06.doc
DRAFT
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
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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;
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 wittun the TOD planning area relating to:
A. Land divisions: This includes all permits and approvals related to
subdivisions, short subdivisions, boundary line adjustments, and lot consolidations.
B. Development Activities and Land Uses. This includes all applications and
approvals for any and all:
1. Rezones.
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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;
Relating to the following 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.
q. Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
r. Warehouse storage and /or wholesale distribution facilities.
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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.
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. Transit Oriented Development (TOD) Planning Area
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1 vim- ti City o Tukwila Steven M. Mullet, Mayor
w tr' #4�i• Department of Community Development Steve Lancaster, Director
1
TO: Community Affairs and Parks Committee Members
From: Steve Lancaster, DCD Director
Date: October 3, 2006
Subject: Renewing the current moratorium on certain land divisions and development
activities within the Transit Oriented Development (TOD) planning area
Issue
Ordinance 2123, 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, will expire on December 2, 2006. Council must decide
whether to renew the ordinance and hold a public hearing, or let the moratorium lapse.
Backeround
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 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.
In June 2006, Ordinance 2123 was adopted, renewing the moratorium. This Ordinance expires
December 2, 2006. Council must decide whether to renew the ordinance and hold a public hearing,
or let the moratorium lapse. To date, Council has renewed the moratorium eight times, modifying it
to provide more flexibility in use of the parcels while the TUC plan was being developed.
At this time, TUC Plan adoption is now anticipated in the spring of 2007. There is still a need for
keeping the moratorium in place until the plan for the area is adopted. The proposed Ordinance is the
same as that currently adopted.
Discussion
The Current Ordinance:
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, including those that are easily
redevelopable such as auto sales lots, contractor or storage yards, or commercial parking.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
Staff has not received any requests to modify the ordinance since the last renewal in June, 2006.
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
1. The CAP Committee recommends adopting the proposed ordinance, and forwards it on to the
COW for a public hearing at their November 13, 2006 meeting.
2. Council holds a public hearing on the moratorium at their COW meeting on November 13, 2006.
3. At the next regular meeting on November 20, 2006, Council has the following options:
a. Renew the moratorium by adopting the proposed ordinance. The moratorium remains in
effect for six months, at the end of which Council must hold another public hearing and
renew, modify, or repeal the moratorium.
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.
P:ILYNNM\Longacres TOD\moratorium\November 20061CAP10.31.06.doc 10/09/2006
Community Affairs and Parks Committee
October 24, 2006 5:00 p.m.
Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder, council members.
Kevin Fuhrer, Director of Finance; Derek Speck, Economic Development Administrator;
Jim Morrow, Director of Public Works; Steve Lancaster, Director of Department of
Community Development; Lynn Miranda, Senior Planner; Joyce Trantina, Code
Enforcement Officer; Evelyn Boykan, Program Manager, Human Services; Bruce
Fletcher, Director of Parks and Recreation; Rick Still, Deputy Director of Parks and
Recreation; Dave Johnson, Rec. Superintendent, Facilities; Marty O'Brien, Main.
Operations Supt., Golf; Curt Chandler, Main. Supervisor, Golf; Paul Surek, Main.
Operations Supt., Parks; Malcom Neely, Aquatics Program Coordinator; Diane Jenkins,
Administrative Assistant to the Council; and Chuck Parrish, community member.
Business Agenda:
A. Update on Tukwila Urban Center Plan
Ms. Miranda noted that there has riot been a briefing on the Tukwila Urban Center plan since
May 2004. In 2002, the City received a $1.4 million grant to develop a plan for the Tukwila
Urban Center. A draft of the plan has been received from the consultant that encompasses the
vision of the Planning Commission and Council. This area would be designated an "urban
center" and would allow the City to capitalize on funding options. Ms. Miranda indicated that
the review of the plan should be completed by the end of the year and public process initiated
next spring. Ms. Linder asked about the public process. Ms. Miranda noted that suggestions and
comments from staff will be given to the consultants. Following that, the plan will again be
reviewed internally and then forwarded to the Planning Commission for public hearings and then
submitted to the Council in March/April. Ms. Hernandez asked if a location for the pedestrian
bridge over the Green River had been determined. Ms. Miranda noted that the preliminary
location is via the Bow Lake Pipeline easement to the commuter rail station. Ms. Hernandez
asked if there would be a covered sidewalk in Westfield's plan. Ms. Miranda indicated that a
covered walkway is planned from the Mall to the existing southbound transit center station. This
will help improve pedestrian safety. Information only.
B. Briefing on Tukwila Urban Center PI'an Supplemental Environmental Impact Statement
(SEIS) Consultant Contract
Ms. Miranda provided a briefing on the Tukwila Urban Center Plan EIS Consultant Contract. A
contract was issued to Huckell Weinman Associates (HWA) in 2005. After partially completing
the work, the firm dissolved. Therefore, a new contract will be entered into with Richard
Weinman, previous project manager with HWA, to complete the remaining work. Information
only.
C. Renewal of moratorium within the Transit Oriented Development (TOD) planning area
Ms. Miranda noted that the renewal of a moratorium within the Transit Oriented Development
(TOD) planning area surrounding the Sounder Commuter Rail/Amtrak Station has occurred eight
times. Mr. Lancaster noted that there are no limitations on the number of renewals. At this time,
the TUC Plan adoption is anticipated in the summer of 2007. Ms. Hernandez noted that the
Council would hold a public hearing on November 13 and has three options available: renew the
moratorium; modify the proposed ordinance; or take no action. Unanimous approval to
forward to 11/13 COW for Public Hearing.
D. An ordinance establishing specific criteria for maintenance of vacant structures
Ms. Trantina provided a report on the development of an ordinance for the maintenance of
vacant structures. She reviewed some photos of vacant structures within the City of Tukwila
showing how some of them are boarded -up. The proposed ordinance would require that the