HomeMy WebLinkAboutReg 2005-07-18 Item 5A - Ordinance - Moratorium Regarding Transit Oriented Development (Sounder Station/Longacres) �.Tl,LA, t;`.., Go UNCIL
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Marais ITEM No.
I Illeetur Date 1 Prepared by 1 Mayor's review 1 Council review
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ITEM INFORMATION 1
CAS NUMBER: 05-100 (Ref. 05-005) ORIGINAL AGENDA DATE. J'oll c x
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 BzdAward ❑Public Heanng Other
I itg Date Mtg Date Altg Date illtg Date Z18.05 illtg Date Altg Date Mlltg Date
SPONSOR Council Mayor
Adm Svcs X DCD Finance Fire Legal P&R Police PIYI
SPONSOR'S Council must renew or modify the proposed ordinance, or allow the current ordinance
SUMMARY to lapse.
REVIEWED BY X COW Mtg X CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA I'E: 7.11.05
RECOMMENDATIONS:
SPONSOR /ADMIN Recommend adoption of the proposed ordinance
COMMITTEE CAP supported the ordinance and forwarded to COW for public
hearing.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source:
Comments
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
Council adopted Ordinance No. 2081, Establishing a temporary moratorium on the
1.21.05 acceptance of applications for certain land divisions and land use decisions within
the area designated for transit oriented development.
6.28.05 Community Affairs and Parks Committee recommends forwarding proposed
ordinance renewing the six -month moratorium to COW for a public hearing.
7.11.05 Council held a public hearing on the proposed ordinance renewing the six -month
moratorium.
J
Council Agenda Synopsis
Page 2
MTG.DATE ATTACHMENTS I
-
7.11.05 Memo to City Council members RE: Public hearing on a proposed ordinance,
establishing a temporary moratorium on land divisions and certain land use I
Proposed ordinance renewing six-month moratorium. I
~opy of Memo to CAP dated 6.15.05 RE: Renewal of current moratorium
Copy of letter dated June 29, 2005 sent to affected property owners and businesses
in the TOD planning area.
Minutes of CAP meeting, June 28, 2005. ~
7.18.05 Memo to City Councilmembers dated July 13, 2005 RE: Adoption of proposed
ordinance renewing a temporary moratorium on land divisions and certain land use
decisions in the Longacres TOD planning area.
[
L OR~NANCE - FINAL FORMAT
City of Tu/(1}/ila
Steven M. Mullet} Mayor
Department of Community Development
Steve LancasteJ; Director
TO:
From:
Date:
TukwIla City CouncIlmembers y ,Lv-
Steve Lancaster, DCD DIrector ~
July 13, 2005
Subject:
AdoptIOn of proposed ordmance renewing a temporary moratorium on land
divIsions and certain land use decIsIOns m the Longacres TOD planmng area.
Back2round
In September 2002, Council adopted an ordinance establIshmg a sIx-month moratonum on the
acceptance of certain land divisions and land use decisIOns wIthin the transIt-onented
development (TaD) planning area surroundmg the Sounder Commuter Rail/Amtrak statIOn (see
FIgure 1). The moratorium was intended to preserve land aVailable for development or
redevelopment and restnct 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 m place.
In April 2005, Ordmance 2085 was adopted, adding an exemption to the moratorium for
residential mIxed-use transit-oriented development (TaD) projects WIthIn one-quarter mile of the
Sounder Commuter Rail/Amtrak Station property.
Ordmance No. 2081 expIres July 19, 2005. Council must decIde whether to renew or revise the
ordinance, or let the moratorium lapse. To date, Council has renewed the moratonum five tImes,
modifying It to provide more flexibIlIty in use of the parcels while the TUC plan was being
developed. However, there is still a need for keepmg the moratonum in place until a plan for the
area is adopted. Renewal of the moratorium should contain the exemptions detailed in
Ordmance 2085, as described above.
On June 28, 2005, CAP authonzed staff to forward the proposed ordmance to CouncIl for a
publIc hearing at their COW meeting on July 11, 2005. There were no publIc comments gIVen at
the heanng, and no written comments were received. Attached is a copy of the proposed
ordmance.
Discussion
The current ordinance:
. Prohibits the filing of all penmts and approvals related to land divisions and such uses or
activities as manufactunng, industrial & auto-oriented busmesses.
. Exempts the filing of and approvals related to the expanSIOn of existing busmesses on
eXIsting lots, SIgn pennits and building permits for tenant Improvements, and the
extension of a current land use permIt.
6300 Southcenter Boulevard, Suite #100 e Tukwila, Washington 98188 .. Phone: 206-431-3670 · Fax: 206-431-3665
. More uses are perlllztted m the TOD area than affected by the moratonum The
moratonum does not affect the filmg of approvals related to all other uses currently
allowed under TUC zorung, WhICh support and Implement the VISIOn for the area,
mcludmg those that are easIly redevelopable such as auto sales lots, contractor or storage
yards, or commercial parkmg.
Proposed Next Steps
At the next regular meeting on July 18, 2005, CouncIl has the followmg options
a) Adopt the proposed ordmance. CouncIl renews the Ordinance, with the exemptIOn for
residential mixed use TOD projects as set forth in Ordinance 2085. OtherwIse, ItS
provisions remain the same as the current Ordinance No. 2081. The moratorium remams
m effect for six months, at the end ofwmch CouncIl must hold another publIc hearing
and renew, modify, or allow it to lapse.
b) ModIfy the proposed ordmance. It remains m effect for six months, at the end of which
CouncIl must hold another public heanng and eIther renew, modIfy, or repeal the
moratonum.
c) Take no actIOn. When Ordinance No. 2081 expIres on July 19, 2005, land divIsIOns,
development activItIes and land uses wIll occur m the area as allowed under the CIty'S
zorung. Planrung and ImplementatIOn of the ruc VISIOn and other transportatIOn
improvements may be more difficult.
Conclusions
. There were no public comments given at the July 11, 2005 heanng, and no written comments
were received.
. Staffhas 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 li1lllted scope ofthe
moratorium. Should a specific project be proposed that falls outside the uses permItted under
the moratonum, Staff wIll consider the appropnateness 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 this September. Plan adoptIOn is anticIpated m the
fourth quarter of2005. However, there is still a need for keepmg the moratonum in place
untIl that tIme.
Recommendations
There IS stIll a need for keeping the ordinance m place until a land use/transportation framework
is adopted. Adopt the proposed ordmance, with the exemptIOn for residentIal mixed use TOD
projects as set forth m Ordmance 2085, at the Council's next meetmg on July 18, 2005.
Transit-Oriented Development TOD Planning Area
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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 LA1\lD DIVISIONS
AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE
AREA DESIGNATED FOR TRANSIT-ORIENTED DEVELOPMENT
AROUND THE TEMPORARY COMMUTER RAII/ 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
"VHEREAS, a more intensive pattern of transit-oriented development (TOO) 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 TOO 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 TOO 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 TOO 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 TOO master plan project to be completed
by the end of 2005, some issues need to be addressed immediately in order for the TOO
project to be successfut and
WHEREAS, the Tukwila Urban Center (TUC) zoning district allows for a variety of
high-intensity regional uses in the TOO 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 TOO; and
TOO 1\-loratorium LM/kn 71l4/05
Page 1 of4
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
WHEREAS, any significant amount of ne,v 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 Jor 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 July 19, 2005 and the TOD planning
process is not yet completed, and
WHEREAS, a public hearing on this proposed ordinance was held on July 11, 2005,
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, 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, therefore, has determined that an
emergency exists;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact and Emergency Declared. The "Whereas" clauses,
above, are hereby adopted by reference as the City Council's findings of fact as if fully
set forth herein. Furthermore, the City Council hereby declares an emergency necessary
for the protection of the public health and safety
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 1-405 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 2081, on January 18, 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.
TOD Moratorium LM/kn 7/14/05
Page 2 of 4
B Development Activities and Land Uses: Except for sign permits, building
permits for tenant improvements, the extension of current land use permits, and
expansion of existing businesses on existing lots, 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 relating to the follovving activities and uses:
a. Amusement parks
b. Automobile, recreational vehicles or travel trailer sales rooms. No
dismantling of cars or travel trailers nor 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 datal 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
TOO Moratorium LMIkn 7114105
Page 3 of4
Section 4. Effective Period of Moratorium. The moratorium established by this
ordinance 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. 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 6. 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 BNSF Burlington Northern Railroad right-of-way Property located
within 100 feet of the Burlington Northern Railroad right-of-way continues to be subject
to the moratorium unless said property is to be developed under an approved
development agreement with the City of Tukwila.
Section 7. 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 8. Effective Date. This ordinance, or a summary thereof, shall be published
in the official newspaper of the City As set forth in Section 1, this public emergency
ordinance -- necessary for the protection of the public health, public safety, public -
property or the public peace -- shall be effective immediately upon its adoption,
pursuant to RCW 35A.12.130.
PASSED BY TIIE CITY COUNCIL OF TIIE CITY OF TUKWlLA, WASHINGTON,
at a Regular Meeting thereof this day of ,2005.
ATIESTj AUTHENTICATED'
Jane E. Cantu, CMC, City CIerk
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
APPROVED AS TO FORM BY
Office of the City Attorney
TOD Moratorium L!\1Ikn 7/14/05
Page 4 of 4