HomeMy WebLinkAboutCOW 2005-07-11 Item 4 - Public Hearing - Ordinance Renewing Moratorium Regarding Transit Oriented Development (Sounder Station/Longacres) i COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION I
CAS NUMBER. 05-100 Ref 05-005 ORIGINAL AGENDA DATE. (huh( I n5 (Ref n n i
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 Heating Other
Mlltg Date illtg Date Altg Date illtg Date liltg Date 111tg Date 7 11/05 ,ilt Date
SPONSOR Council Mayor
Adm Svcs X DCD Finance Fire Legal P &R Police PIV
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
Utihties Cmte Arts Comm. ❑Parks Comm. Planning Comm.
DATE. 6.28.05
RECOMMENDATIONS:
Hold a public hearing and forward to regular meeting of the Council
SPONSOR /ADMIN. on July 18, 2005 for adoption.
Coli1�IITTEE AP supported the ordinance and forwarded to COW for public
hearing.
1COST.IMPACT FUND SOURCE'
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
1
Fund Source
Comments.
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 1
the area designated for transit oriented development.
I
MTG. DATE I ATTACHMENTS
7.11.05 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.
(continued...)
Council Agenda Synopsis
July 11, 2005
Page 2
7.11.05 Copy of Memo to CAP dated 6.15.05 RE: Renewal of current moratorium I
Copy of letter dated Jun,e 29, 2005 sent to affected property owners and businesses I
in the TOD planning area.
Minutes of CAP meeting, June 28, 2005. I
City of Tukwila
Steven !VI. Mullet} Mayor
Department of Community Development
Steve Lancaster, Director
TO:
From:
Date:
City Council X I'U vL-
Steve Lancaster, DCD Director~
June 30, 2005
Subject:
PublIc hearing on an ordmance renewmg a temporary moratorium on land
dlvisions and certain land use decisIOns m the Longacres TaD planmng 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 withm the translt-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 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 m place.
In April 2005, Ordinance 2085 was adopted, adding an exemption to the moratonum for
residential mIxed-use transit-onented development (TaD) projects wIthin one-quarter mIle of the
Sounder Commuter Rail/Amtrak Station property.
Ordinance No. 2081 expires July 19, 2005, Council must decide whether to renew the ordinance
or let the moratonum lapse. To date, Council has renewed the moratorium five times, modifying
it to provide more flexibility in use of the parcels whIle the ruc plan was being developed,
However, there is still a need for keeping the moratorium in place until a plan for the area is
adopted. Renewal of the moratorium should contain the exemptions detaIled in Ordinance 2085,
as described above.
On June 28, 2005, CAP authorized staff to forward the proposed ordinance to Council for a
public hearing at their COW meeting on July 11, 2005, 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, Attached IS a copy ofthe 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, mdustnal & auto-onented businesses.
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 .. Phone: 206-431-3670 · Fax: 206-431-3665
. Exempts the filmg of and approvals related to the expanSIOn of eXlstmg busmesses on
eXIsting lots, sign permits and buildmg permIts for tenant Improvements, and the
extension of a current land use permIt.
. More uses are permztted in the TOD area than affected by the moratorium. The
moratonum does not affect the filmg 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 redevelop able such as auto sales lots, contractor or storage
yards, or commercial parkmg.
Staff has not receIved any requests to modify the ordmance since the last renewal m January
2005,
Proposed Next Steps
1. CouncIl holds a public heanng on the moratorium at theIr COW meeting on July 11, 2005.
2. At the next regular meetmg on July 18, 2005, CouncIl has the following options.
a) Adopt the proposed ordinance. Council renews the Ordmance, with the exemptIOn for
residential mixed use TOD projects as set forth in Ordinance 2085. OthelWlse, its
provisions remain the same as the current Ordinance No. 2081. The moratorium remams
in effect for six months, at the end of which Council must hold another publIc heanng
and renew, modify, or allow it to lapse.
b) Modify the proposed ordinance. It remains rn effect for six months, at the end of which
CouncIl must hold another public hearing 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 in the area as allowed under the City's
zoning. Planning and l1nplementation 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 ttom the moratorium on plans
to develop or redevelop properties in the TOD, most likely due to the limIted scope ofthe
moratorium. Should a specific project be proposed that falls outside the uses penmtted under
the moratorium, Staffwill consider the appropriateness of the project and bring it fOlWard to
the Council for deliberation.
. Planmng Commission and City Council worksessions and public hearings on the draft
Tukwila Urban Center Plan will begin this September. Plan adoptIOn IS anticIpated in the
fourth quarter of2005, However, there is stIll a need for keeping the moratorium rn place
until that tnne.
Recommendations
The CAP recommends adoptmg the proposed ordmance, wIth the exemptIOn for residentIal
mixed use TOD projects as set forth m Ordrnance 2085, at the CouncIl's next meeting on July
18,2005.
Transit-Oriented Development TOD Planning Area
Map
rnoo&~u
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 rider ship; 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 end of 2005, 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
TOO Moratorium LMIkn 7/8/05
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 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 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
Railj 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 LMIkn 7/8/05
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 following 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
TOD Moratorium LM/kn 7/8/05
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 Railj Amtrak Station
property are specifically exempted from this moratorium except for property located
within 100 feet of the Burlington Northern Railroad right-of-way Property located
within 100 feet of the Burlingtqn Northern Railroad right-of-way continues to be subject
to the moratori.um unless said property is to be developed under an approved
development agreement with the City of Tuhvila.
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 THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON,
at a Regular Meeting thereof this day of , 2005
ATTEST j AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Filed with the City Clerk:
Passed by the City Council:
Published.
Effective Date:
Ordinance Number:
Office of the City Attorney
TOD Moratorium LMIkn 7/8/05
Page 4 of 4
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Steven M. Mullet, Mayor
TO:
From:
Date:
Commumty Affairs and Parks Committee Members
Steve Lancaster, DCD DIrector Y,...,. L-J1.-
June 15, 2005 ~
Subject:
Renewing the current moratonum on certam land divisIOns and development
activItIes ,withm the transIt onented development (TOD) planmng area
Background
In September 2002, Council adopted an ordinance establIshing a sIx-month moratonum on the
acceptance of certam land divIsions and land use decisIOns within the transit-onented
development (TOD) planmng area surroundmg the Sounder Commuter Rall/ Amtrak statIon (see
FIgure 1) The moratorium was mtended 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 supportmg the TOD at the statIOn are m place.
In Apnl2005, Ordmance 2085 was adopted, addmg an exemption to the moratonum for
residential mIxed-use transit-oriented development projects wIthm one-quarter mile of the
Sounder Commuter Rall/ Amtrak StatIon property.
Ordinance No. 2081 expires July 19, 2005. Council must decide whether to renew the ordmance
and hold a publIc heanng, or let the moratonum lapse To date, Councll has renewed the
mOl':ltonum five times, modLfymg It to provIde more flexibIlity in use of the parcels whlle the
TUC plan was bemg developed. However, there !s still a need for keeping the moratonuffi In
place until a plan for the area is adopted. Renewal of the moratonum should contam the
exemptIOns detailed in Ordmance 2085, as described above.
Discussion
The Current Ordinance.
. Prohibits the filmg of all permits and approvals related to land divIsIOns and such uses or
actIvities as manufactunng, mdustrial & auto-onented busmesses
. Exempts the filmg of and approvals related to the expanSIOn of eXlstmg bus messes on
eXIstmg lots, sign permIts and bmldmg permIts for tenant improvements, and the
extension of a current land use permit.
. More uses are pennated m the TOO area than affected by the moratonum. The
moratonum does not affect the filmg of approvals related to all other uses currently
allowed under TUC zomng, which support and Implement the VISlon for the area,
mcludmg those that are easlly redevelopable such as auto sales lots, contractor or storage
yards, or commercIal parkmg.
Phone: (206) 433-1800 · City Hall Fax: (206) 433-1833
Renewal of the moratorium wIll not affect the proposed zomng code amendment allowmg mIxed
use multifamIly developments as a conditIOnal use on properties adjacent to the Sounder
commuter ralIl Amtrak station.
Options
1. Council renews the Ordinance, adding the exemption for mixed use TOD projects as set forth
in Ordmance 2085. Otherwise, its provisIOns remain the same as the current Ordmance No.
2081. 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.
2. Council modifies the Ordinance. It remains in effect for six months, at the end of which
Council must hold another pubh,c hearing and either renew, modify, or repeal the
moratorium.
3. Council allows the Ordinance to lapse, Land divisions, development activities and land uses
will occur in the area as allowed under the City's zoning. Planning and implementation of the
ruc vision and other transportation improvements may be more difficult.
Staff Recommendations
In summary:
. To date, Staffhas not been made aware of any negative effects from the moratonum 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 pennitted 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 this September. Plan adoption is anticipated in the
fourth quarter of2005. However, there is still a need for keeping the moratorium in place
~ilth~ti~. /
Next Steps:
1. Renew the Ordinance, adding the exemption for mixed use TOD projects as set forth in
Ordinance 2085. A copy ofthe proposed Ordinance is attached for your review.
2. Forward the proposed amendment on to the COW for a public hearing at a special meeting at
their July 11, 2005 meeting.
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City of Tukwiia
Steven M. Mullet, .Mayor
Department of Community Development
NOTICE OF PUBLIC HEARING
Steve Lancaster, Director
June 29, 2005
Dear SIr or Madam:
The Tukwila City CouncU is considering renewing Ordinance No. 2081 establishing a temporary
moratorium on certain land divisions, and development activities and land uses within the area
designated for Transit-Oriented Development (TOD) around the temporary commuter
rail/Amtrak station at Longacres (see Figure 1). No changes are proposed, other than adding the
provisions of Ordinance 2085 which exempt residential mixed-use transit oriented development
projects within one-quarter mile of the Sounder Commuter Rail/Amtrak StatIon property rrom
the moratorium.
According to City records, your property or business may be affected by this moratorium.
Consequently, we wanted to notify you of the public hearing on thIS ordmance scheduled for
Monday, July 11, 2005, at 7:00 p.m. in Council Chambers, located in Tukwila City Hall, 6200
Southcenter Blvd.
The moratorium is intended to preserve land available for development or redevelopment and
restrict land uses that do not implement the vision for the area unti11and use and transportation
plans and regulations supporting the TOD are in place.
Within the TOD area, the current ordinance:
. Prohibits the filing of all permits and approvals related to:
· land divisions
· such uses or activities as manufacturing, industrial & auto-oriented busmesses.
. Allows the filing of and approvals related to:
The expansion of existing businesses on existmg lots.
Sign permits and building pennits for tenant improvements.
. Allows the filing of approvals related to:
All other uses currently allowed under TUC (Tukwila Urban Center) zoning which
support and implement the vision for the area, includmg those that are easily
redevelop able such as auto sales lots, contractor or storage yards, or commercial
parkmg.
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 . Fax: 206-431-3665
-2-
June 27,2005
The current Ordmance, No, 2081, expires July 19, 2005, CouncIl must hold a public heanng and
decIde whether to renew the ordmance or let the moratonum lapse. Planmng for the TOD area is
underway, and there IS still a need for keeping the moratonum in place untIl a master plan for the
area is m place.
For addItional infonnation, or to obtain a copy of the proposed ordmance, please contact Lynn
Miranda, Senior Planner, or Jack Pace, Deputy Director, at 206.431.3670.
Sincerely,
~.~
Steve Lancaster
Director, Department of Community Development
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45:72:1V
Community and Parks Committee
June 28, 2005
Present:
Joe Duffie, Chair; Joan Hernandez, Dennis Robertson
Steve Lancaster, Lynn Miranda, Lucy Lauterbach
~
1. Renew lVIoratorium on TOD Though the TransIt Onented Development (TOD) area has
had a moratonum on land dIvisions and the types of development smce 2002 that would be
inconsistent with a TOD, it has not appeared to affect any busmesses' plans for development or
redevelopment. Smce the moratonum was last extended the CouncIl passed Ordinance 2085
which exempted from the moratorium residential mixed-use transIt- onented development III the
area. Staff said the language continumg the mixed-use housmg exemptIOn IS included in tills
extenSIOn. AJoint meetmg with the Planning CommIssion IS being planned for early September
on the draft plan, with public hearings and deliberatIOns to follow. Recommend moratorium
extension to CO'V and public meetine Julv 11.
2. Amendment to Commercial Development Solutions Contract Lisa Verner has been
working on the Tukwila Valley South annexatIOn since July, 2004. Her contract will expire, and
DCD proposes to extend It until November 30th. The amount of extensIOn would not exceed
$40,000 Recommend contract extension to Council for approval.
~ommittee chair approval
Minutes by LL