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HomeMy WebLinkAboutReg 2006-05-15 Item 6B - Ordinance - Moratorium Regarding Transit Oriented Development (Sounder Station/Longacres) COUNCIL AGENDA SYNOPSIS Oi 'i2 initials ITE rNo. Ir i 'O 1lzetin� Datz red bi r.✓ 1 Ginn it r:•izu us‘ r i0 Prepared 1 Major's n; r r May 8, 2006 sl I 1 I u 1 'i, sr pa 0 1 May 15, 2006 1 si fT I L- 1 b I I 1 1 1 1 1 1 1 ITEM INFORMATION 1 CAS NUMBER: 06-052 Ref. 05-151 I ORIGINAL AGENDA DATE: May 8, 2006 AGENDA ITEM TITLE Adoption of a 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 X Ordinance Bid Award ['Public Haring Other Aftg Date Mfg Dat Mfg Date ALg Date 5.15.06 :Litt Dar Alta Date .'.0 Date Mtg SPONSOR Council Mayor Adn Soo- X DCD Finance Fire Legal Pei Police PII SPONSOR'S Council must renew or modify the proposed ordinance, or allow the current ordinance SUm to lapse. REVIEWED BY X COW Mtg X CA &P Cmte FRCS Cmte Transportation Cmte Utilities Cmte Axr., Comm Parks Comm. Planning Comm DATE: 5.08.06 RECOMMENDATIONS: SPONSOR /ADIMLN. Recommend adoption of the proposed ordinance CO \L\fITTEE CAP supported the ordinance and forwarded to COW for public hearing. I COST :IMPACT FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDOhIhD APPROPRIATION REQUIRED $None Fund Source: Comments. 1 MTG. DATE 1 RECORD OF COUNCIL ACTION Council adopted Ordinance No. 2107, Establishing a temporary moratorium on the 11..28.05, acceptance of applications for certain land divisions and land use decisions wit {!in_ the area designated for transit oriented development. 4.25.06 Community Affairs and Parks Committee recommends forwarding proposed ordinance renewing the six -month moratorium to COW for a public hearing. 5.08.06 Council held a public hearing on the proposed ordinance renewing the six -month moratorium. MTG. DATE I ATTACHMENTS 5.15.06 Memo to City Councilmembers dated May 10, 2006 RE: Adoption of proposed ordinance renewing a temporary moratorium on land divisions and certain land use decisions in the Longacres TOD planning area. I I Proposed ordinance renewing six -month moratorium. I City of Tukwila Steven 11;1. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: From: Date: Tukwila City Councilmembers Steve Lancaster, DCD DirectorX ./ ~ May 10, 2006 ~ Subject: Adoption of proposed ordinance renewing a temporary moratorium on land divisions and certain land use decisions in the Longacres TaD planning area. Background In September 2002, Council adopted an ordinance establishing a sLx-month moratorium on the acceptance of certain land divisions and land use decisions within the transit-oriented development (TaD) planning area surrounding the Sounder Commuter Rail! Amtrak station (see Figure I). 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 TaD at the station are in place. Ordinance No. 2107 will expire June 5, 2006. Council must decide whether to renew the ordinance, revise it, or let the moratorium lapse. Planning for the TaD area is progressing, however there is still a need for keeping the moratorium in place until a master plan for the area is in place. On April 25, 2006, CAP authorized staff to forward the proposed ordinance to Council for a public hearing. Council held a public hearing on May 8, 2006. There were no public comments given at the hearing, and no written comments were received. The proposed Ordinance i3 the same as that currently adopted. Attached is a copy of the proposed ordinance. Discussion The current ordinance: . Prohibits the filing of all penTIits 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 pennits and building pennits for tenant improvements, and the extension of a current land use pennit. . MOfe uses are permitted in the TaD area than affected by the moratorium. The moratorium does not affect the filing of approvals related to all other uses currently allowed under ruc zoning, which support and implement the vision for the area, including those that are easily redevelop able such as auto sales lots, contractor or storage yards, or commercial parking. 6300 Southcenter Boulevard, Suite #100 . Tukl'/ila, Washington 98188 . Phone: 206-431-3670 . Fax: 206-431-3665 The current ordinance also allows the City to preserve the land necessary for relocating the 100 foot-wide Union Pacific Railroad right-of-way to the area immediately adjacent to the western border of the Burlington Northern Santa Fe Railroad right-of-way Proposed Next Steps At the next regular meeting on May 15, 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. 2107 The moratorium remains in effect for six months, at the end of which Council must hold another public hearing and renew, modif)', 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. 2107 expires on June 5, 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. Conclusions . 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, Staffwill consider the appropriateness of the project and bring it forward to the Council for deliberation. · Planning Commission and City Council worksessions and public hearings on the draft Tukwila Urban Center Plan will begin second quarter of2006. Plan adoption is anticipated in the third quarter of2006. However, there is still a need for keeping the moratorium in place until that time. Staff Recommendations Adopt the proposed ordinance without modifications. Set the effective date of the ordinance on June 5, 2006, when the current ordinance expires. 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 LAt'ID DIVISIONS AND DEVELOPMENT ACTIVITIES At'ID LAt'ID USES "''!THIN THE AREA DESIGNATED FOR TRANSIT-OR1EJ\'TED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAlI/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City recognized the unique opportunity to promote a more compact, nUxed use, pedestrian supportive pattern of development that makes effective use of its proximity and accessibility to the Sounder commuter-rail and Amtrak station in Tubvila, and includes a nUx 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 51.5 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 weIl 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 end of 2006, some issues need to be addressed immediately in order for the TOD project to be successfuI; and WHEREAS, the Tukwila Urban Center (rUC) zoning district aIIows 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:~ts =II Set:J:ffigs\AD ~De>'i::!.cy""'~'..\j"SDATA'Dr~"""",,=-tTOD ~!CF~:'m 5..(1.5 c,x L'\tl3n 5/1212.006 Page 1 of4 v\'HEREAS, any significant amoWlt of ne'w development occurring prior to the establisIunent of a desired pattern of uses in the TOD master plan could jeopardize the City's ability to implement the TaD plan; and WHEREAS, the City's Municipal Code allows for the di,'ision of land and adjustment of boundary lines that, if allowed to occur in the TaD 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 ,"VHEREAS, the City also desires to ensure public input on these issuesj and WHEREAS, the moratorium will expire on June 5, 2006 and the TOO planning process is not yet completed; and WHEREAS, a public hearing on this proposed ordinance was held on May 8, 2006; and \VHEREAS, the City desires to provide for an exemption to the moratorium fOT residential mixed-use TOD projects within one-q!larter mile of the Sounder Commuter Rail/ Amtrak Station property, as amended by Ordinance 2085; and WHEREAS, within the designated TaD planning area, the City desires to preserve the land necessary for relocating the loo-foot-wide Union Pacific Railroad right-of-way to the area immediately adjacent to the west side of the Burlington Northern Santa Fe Railroad l00-foot right-of-way by prohibiting further development within this corridor. since this relocation is integral to the successful development of a TaD; and \'.'HEREAS, 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 TukwiIa, until these matters are more fully consideredj 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 TaD planning area" is identified in Figure 1. This area is bounded by 1-405 on the north, TukwiIa 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. 2107, on November 28, 2005, 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~ boundary line adjustments~ and lot consolidations. B. Development Activities and Land Uses. This includes all applications and approvals for any and all: 1. Rezones. C~.Ol\S ~ Seuing.4..JJl U~Iks.'.:t~\XclJ)').tsDATA'orob..:.::~\TOD ~!~..,-u-ri::o 5-OS.~-.x LJ,t:km SIIMOIJ5 Page2of4 2. Conditional use permits. 3. Unclassified use pennits. 4. Variances. 5. Binding site plans. 6. Required envirorunental review 7 Building permits. 8. Land altering permits; Relatin~ to the following: activities and uses: a. Amusement I?arks. 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 dataftelecommunication centers. k. Manufacturing. processing andf or pad:aging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, carmed or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 1. lvIanufacturing. processing andf or paekaging pharmaceuticals and related products, such as cosmetics and drugs. ill. Manufacturing. processing. andf 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. packag41g andf 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 andf 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 andf or wholesale distribution facilities. C.\.Do.::>=:ntsz::...:I S:tling.."".i\II U~~iI'.KclI)')'~DATA'{b.:!i:.<..":~\TOD :\!C=2Crr~ 5"('5_d-x L\f:km S/iMI))5 Page 3 of4 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 pennitted 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-af-way between 1-405 and Longacres "-Nay, unless the prpperty 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 swnmary thereof, shall be published in the official newspaper of the City and shall take effect and be in full force on June 5, 2006. PASSED BY THE 01Y COUNCIL OF THE 01Y OF TUKWlLA, WASHINGTON, at a Regular Meeting thereof this day of .2006. ATIEST/ AUTHENTICATED: Steven M. Mullet, !viayor Jane E. Cantu. CMC. City Oerk APPROVED AS TO FORt"I BY. Filed with the City Oerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Figure 1. Transit-Oriented Development (TaD) Planning Area C:1..DOCL..~j!S:::xI &ai."j~.All U~~;;':..1(..;;)\~.{sDATA'.o:d~.;:.;;.;,,"\TOD J.~c:--~'i= 5-05.6::.,; L\f:ks.n5IlMC(1.5 Page 4 of4 '\111111111 ; ~'jr'-ligf\ 'r~\\:)m, \\'\ l H5T 1= el ~ 149fi;{i' ~\., fr, ,-C 1 = f----Y~ " ~~ l=il I if II IT 11 iRe 11 c.: "" 11Ft I ~ S 151 si \ ~ ~ 15?Nn~ I ~DR ,,;~~, .~ 7'~' ~ ! 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