HomeMy WebLinkAboutReg 2005-01-18 Item 5A - Ordinance - Moratorium on Transit Oriented Development (Sounder Station / Longacres) J COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION 1
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I CAS NUMBER: k. ,0C 005 IORIGINAL AGENDA DATE: 1 1 I
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 Resoluttion X Ordinance Bid Award ❑Public Weans; Other
Mtg Da. 3L6 Date :1L`gDa:e 3t6 Datt1.18.05 fg Date Aft Dal Mis Dal
SPONSOR Council lfgor
Adnf SLY-4X DCD) Finance Fire Legal Pe';`R Police PI%
SPONSOR'S Council must renew or modify the proposed ordinance, or allow the current ordinance
SUMMARY to expire.
REVIEWED BY I �1COw ;litg. El CA&P Cmte FOSS Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1.10.05
RECOMMENDATIONS:
SPONSOR /ADM N. Recommend adoption of the proposed ordinance
CO�LVfIITEE CAP supported the ordinance and forwarded to COW for public
hearing.
'COST IMPACT FUND SOURCEI
EXPEN REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
Council adopted Ordinance No. 2054, Establishing a temporary moratorium on the
7.19.04 acceptance of applications for certain land divisions and land use decisions within
the area designated for transit oriented development.
12.14.04 Community Affairs and Parks Committee recommends forwarding proposed
ordinance renewing the six -month moratorium to COW for a public hearing.
1.10.05 Council held a public hearing on the proposed ordinance renewing the six -month
moratorium.
i TACHMFJJ AL Q.-- CAS -Pa 1 o 2.
I MTG. DATE L ATTACHMENTS
1.10.05 I Memo to City Councilmembers RE: Public hearing on a proposed ordinance,
establishing a temporary moratorium on land divisions and certain land use
Proposed ordinance renewing six -month moratorium.
I Copy of Memo to CAP RE: Six -month renewal of Ordinance No. 2054.
I Copy of Public Hearing Notice
I Copy of letter dated December 29, 2004 sent to affected property owners and
businesses in the TOD planning area.
Minutes of CAP meeting, December 14, 2004.
1.18.05 Memo to City Councilmembers RE: Adoption of the 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.
GAS Pao", 2 61)2,
64:: u r City of Tukwi
2 Steven M. Mullet Mayor
eltV, Department of Community Development Steve Lancaster, Director
1908
TO: Tukwila City Councilmembers W
From: Steve Lancaster, DCD Director
Date: January 11, 2005
Subject: Adoption of proposed 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 RaiIAmtrak 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 No. 2054 will expire January 24, 2005. Council must decide whether to renew the
ordinance, revise it, or let the moratorium lapse. Planning for the TOD 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 December 14, 2004, CAP authorized staff to forward the proposed ordinance to Council for a
public hearing. Council held a public hearing on January 10, 2005. There were no public
comments given at the hearing, and no written comments were received. 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.
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 4100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665
Renewal of the moratorium will not affect the proposed zoning code amendment allowing mixed
use multifamily developments as a conditional use on properties adjacent to the Sounder
commuter rail/Amtrak station.
Proposed Next Steps
At the next regular meeting on January 18, 2005 Council has the following options:
a) Adopt the proposed ordinance. Its provisions remain the same as the current Ordinance
No. 2054, without modifications. The moratorium remains in effect for six months, at the
end of which Council must hold another public hearing and renew or modify the
ordinance, 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. 2054 expires on January 24, 2005, 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.
Staff Recommendations
There is still a need for keeping the ordinance in place until a land use /transportation framework
is adopted. Staff recommends adopting the proposed ordinance without modifications. 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.
f'irL L:_ L: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 WTTHLN 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
WHEREAS, a more intensive pattern of transit-oriented development (TOD) would
accist 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 dose 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 OD area; and
WHEREAS, to implement this vision, the City applied for and was awarded a S1S
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 2003, 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
TOD Mor for m tnaros Page 1 of 4
WHEREAS, the Longacres site is considered one of the regions key opportunities
for TOD, primarily due to the large amount of vacant and redevelopable land
surrounding the station; and
WHEREAS, any significant amount of new 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 January 24, 2005 and the TOD planning
process is not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on January 10,
2005; 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 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 and most recently renewed by Ordinance No. 2054, 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: Except for sign permits, building
permits for tenant improvements, the extension of current land use permits, and
Ton Mor crium 1/14105 Page 2 of 4
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 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, the 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
Section 4 Effective Period of Moratorium. The moratorium established by this
ordinance shall become effective as set forth in Section 7 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
Too Mormmm UtV05 Page 3 of4
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. Severabflity. 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 7. 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 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 Date:
Office of the City Attorney Ordinance Number:
TOD Moratorium 1/13;05 Page 4 of 4
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