The URL can be used to link to this page

Home My WebLink AboutCOW 2005-03-28 Item 4B - Public Hearing - Ordinance Amending Moratorium Exemption on Mixed-Use Transit Oriented Development (Sounder Station / Longacres) COUNCIL AGENDA SYNOPSIS 'VILA s�k Initials ITEM NO. P 4 Meeting Date I Piepa ed by I Mayor'.; review I Council revien' q tr z; March 28, 2005 S 7gp'8 ITEM II4 ORMATION sv, CAS NUMBER: 05-044 I ORI IN_\L AGENDA DA T] 3 AGENDA ITEM TITLE Adoption of a proposed amendment to the current TOD moratorium ordinance. The amendment would provide a moratorium exemption for residential mixed -use TOD within one quarter mile of the Sounder Commuter Rail /Amtrak Station. CATEGORY Discussion Motion Resolution X Ordinance Bid Award Public Hearing 1 Other Mtg Date llftg Date Mtg Date illtg Date Mtg Date Mtg Date LQ5 dltg Date SPONSOR Council Mayor Adm Svcs X DCD Finance Fire Legal P &R Police PTV SPONSOR'S Council must decide whether to amend the current ordinance to specifically exempt SUMMARY mixed -use residential TOD from the Longacres TOD moratorium REVIEWED BY ❑COw Mt ❑CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DAVE;: RECOMMENDATIONS: SPONSOR /ADMIN. Recommend adoption of the proposed ordinance amendment COMMITTEE ICOST IMPACT FUND SOURCE! EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $None Fund Source: Comments: 1 MTG. DATE 1 RECORD OF COUNCIL ACTION MTG. DATE I ATTACHMENTS 3.28.05 Memo to TCC RE: Adoption of amendment to TOD moratorium ordinance. 3.28.05 Proposed ordinance amending Ordinance No 1996 Community Affairs Parks Cmte Mtg Minutes dated 2/15/05 (COW Meeting Minutes from 2/28/05 will be available at Monday's mtg excerpt only) City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: From: Date: Subject: Tubvila City Councilmembers Steve Lancaster, DCD Director March 22, 2005 Adoption of amendment to TOD moratorium ordinance. The amendment would provide a moratorium exemption for residential mixed-use TOD within one quarter mile of the Sounder Commuter Rail! Amtrak Station. Background In late 2004, a developer approached DCD with a proposal for a mixed-use residential project, to be constructed within the Transit-Oriented Development (TOD) area of the Tukwila Urban Center. Tubvila Station, a 300 unit multi-family condominium development ,vith 5,000 square feet of retail, would be located on the property north of Longacres Way and the Sound Transit Commuter/Amtrak Rail Station, between the UP and BNSF railroad tracks. This "pilot: project" would constitute a significant first step towards achieving our land use and transportation goals for the TOD area and the TUC Subarea Plan. In January 2005, Council renewed 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. Related Legislation In January and February of2005, the CAP and COW committees reviewed an amendment to TUC zoning regulations that would allow the type of use envisioned by the Tukwila Station proposal. The proposed amendment would change the TUC zoning regulations to allow residential mixed-use TOD within one quarter mile of the Rail station property. In February and March, the CAP and COvV committees were also been briefed on two conceptual agreements concerning the Tubvila Station proposal. The first agreement involves a mutually beneficial land exchange with the Tukwila Station proponent. The second agreement is a development agreement for the Tubvila Station proposal. The land exchange, the TUC code amendment and the moratorium amendment will be the subject of public hearings to be held on March 28. The development agreement is not subject to a public hearing, but will be discussed at the March 28 Tukwila City Council meeting. 6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 Why Amend the Moratorium Now? The proposed Tukwila Station project is anticipated to be ready for building pennit application sometime in April, before the moratorium expires. During the January review of the moratorium renewal legislation, staff felt that the conceptual proposal could proceed without a specific exemption. However, upon further review, Tukwila City Attorney Shelley Kerslake believes it would be prudent to add an exemption specifically exempting any residential mixed-use TOD occurring within ~ mile of the Sounder Station. This action will leave the moratorium in place, but more clearly define what is allowed under the moratorium Staff Recommendations The proposed ordinance will specifically allow residential TOD within a limited area in the Tukwila Urban Center. Staff recommends forwarding this amendment to the regular Tukwila City Council meeting on April 4. This schedule will allow the Council to address all items related to Tukwila Station during the April 4 meeting. j r. I i 1 l t. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1996, AS RENEWED BY ORDINANCE NOS. 2054 AND 2081, ADDING AN EXEMPTION PROVISION TO THE 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 ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila adopted Ordinance No. 1996 on September 16, 2002 establishing a six-month moratorium on the 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; and WHEREAS, the moratorium established by Ordinance No. 1996 was renewed by Ordinance No. 2054 on July 19, 2004 and No. 2081 on January 18, 2005; and WHEREAS, to accommodate a pending development opportunity, the City desires to provide for an exemption to the moratorium for residential mixed -use transit-oriented development projects within one quarter mile of the Sounder Commuter Rail /Amtrak Station property; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 2054 Amended. Ordinance No. 1996, as renewed by Ordinance Nos. 2054 and 2081, is hereby amended by the addition of a new Section. All other provisions of these moratorium ordinances shall remain in full force and effect as adopted. The new Section shall read as follow: Minn h Fxemptinn. Residential mixed -use transit- oriented development projects within one quarter mile of the Sounder Commut Rail /Amtrak Station property are specifically exempted from this moratorium. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2005. 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 DatP Office of the City Attorney Ordinance Number Moratorium Exemption 3t25105 Page 1 of 1 Community and Parks February 15,2005 .-.-'---,~ * 4. Zoning changes to amend TUC zoning at TOD The Lodging Tax Advisory Board (L TAB) owns some land near 1-405 in the northern most section of the transit-oriented development area (TOD) near Interurban. A proposal for a large mixed-use project south of the City property has come in. Zoning changes are needed to allow that. The Committee talked about whether the parking requirements were adequate to accommodate all the cars that would be part of the development. Requiring one car per bedroom helped with the condo/apartments. A conditional use design review will be used on the project. The financial implications for the city include the fact that the general fund now "owns" the property, and the City has been receiving money from the L T AB to payoff the debt. Land is needed for future rail lines on the east side of the condo development, and most of the city's land too would be needed if the Burlington Northern railroad tracks were switched from the west side of the TOD to the east side. The city would lose the L TAB funds, but Kevin explained that Lodging Tax was really part of the City, too, so it is not such a major loss. Jack said the City is. trying to acquire the space for the tracks move now, so it will be there when the move is needed for the Strander street extension. This may not happen for 10-15 years. The Committee asked for more clarification of both the land swap and the financial implications involved. Recommend to CO\V. \ .' 7. Macadam Winter Garden Bruce and Paul introduced Michael Brown, who is part of the team working on the winter garden. Michael talked about their plan, which satisfied criteria from winter beauty and interest, to low maintenance, tree removal and planting, and safety. About 14 3' trees would go along the street, and 60 more trees within the park. Bruce said the plan was stellar, but the city funds could not afford the $275k cost. To make it affordable Bruce will take $80,000 from Phase II of Cascade View Park, saying his staff has said they can do most of the work themselves. That brings city funding to $240,000, and if a water feature is cut, the rest of the plan could be implemented. Take plan to Council. 8. Fourth Quarter Reports There were no problems with the fourth quarter reports. Information. ~ j""'--./ Committee chair approval