HomeMy WebLinkAboutCOW 2005-01-10 Item 4 - Public Hearing - Ordinance Renewing Moratorium on Transit Oriented Development (Sounder Station / Longacres) COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION 1
I CAS NUMBER: 05-005 IORIGLNAL AGENDA DATE: January 10, 2005
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 Remlutian Ordinance Bid Award X Public Hearing Other
Mfg Date 3L^g Dare At Date Mt Date Mg Date Mfg Date LIO.05 3178 Daft
SPONSOR Crunch MD-or
Adm Sirs X DCD Finance Fin Legal P&R Police PIF
SPONSOR'S Council is required to hold a public hearing on the proposed ordinance prior to
stmcfARY adoption.
RE\ IEWED BY COW Mtg. X CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 12.14.04
RECOMMENDATIONS:
Hold a public hearing and forward to regular meeting of the Council
SPONSOR/ADMIN. on January 18, 2005 for adoption.
Co.Om rEE CAP supported the ordinance and forwarded to COW for public
hearing.
I COST IMPACT FUND SOURCE'
EXPE \DIT[:RE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source:
Comments:
1 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 ordinance to COW
for a public hearing.
1 MTG. DATE 1 ATTACHMENTS
1.10.05 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.
I Proposed ordinance renewing six -month moratorium.
Copy of Memo to CAP dated 12/11/di' RE: Renewal of current moratorium
Copy of Public Hearing Notice dated 1.3.05
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.
City of Tukwila
Steven M. Mullet, Mayor
Department of Communit;y Development
Steve Lancaster, Director
TO:
From:
Date:
Special Meeting/City Council ~vJ'
Steve Lancaster, DCD Director
January 5, 2005 .
Subject:
Public hearing on an 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 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 TOD at the station are in place.
Ordinance No. 2054 will expire January 24, 2005. Council must decide whether to renew the
ordinance 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 December 14,2004, CAP authorized staff to forward the proposed ordinance to Council for a
public hearing at their COW meeting on January 10,2005. 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 of the proposed
ordinance.
Discussion
The current ordinance:
. Prohibits the filing of all pennits 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.
. 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 #100 . Tukwila, Washingtoa 98/88 . Phone: 206-43/-3670 . Fax: 206-43/-3665
Renewal of the moratorium will not affect the J2roposed zoning code amendment allowing mixed
use multifamily developments as a conditional use on properties adjacent to the Sounder
commuter rail/Amtrak station. Staff has not received any requests to modify the ordinance since
the last renewal in August 2004.
Proposed Next Steps
I. Council holds a public hearing on the moratorium at their COW meeting on January 10, 2005.
2. 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 ruc vision and other transportation
improvements may be more difficult.
Conclusions
Staffwill be reviewing and revising the administrative draft ruc Plan in January through
February 2005. Planning Commission and City Council worksessions and public hearings will
begin late February. Plan adoption is anticipated in the third quarter of2005. However, there is
still a need for keeping the moratorium in place until that time. Should a specific project be
proposed that falls outside the uses pennitted under the moratorium, Staff will consider the
appropriateness of the project and bring it forward to the Council for deliberation.
Staff Recommendations
Staff recommends adopting the proposed ordinance without modifications at the Council's next
meeting on January 18,2005.
I
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 MORATORIU1YI 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 ofTukwila issued an Unclassified Use Permit in 1999
allowing Sound Transit to construct a temporary station for Sounder
commuter rail and Amtrak service at Longacres, adjacent to the Burlington
Northern Railroad; and
WHEREAS, Sounder's Unclassified Use Permit for the temporary station
expires in February, 2004, and either the station must be built or permit
renewed prior to this date; and
'VHEREAS, 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 rail station, and includes
a mix of retail, service, office and residential uses; and
'WHEREAS, a more intensive pattern of transit-oriented development (TaD)
would assist the City with the redevelopment of the Tukwila Urban Center,
one of thirteen designated urban centers \vithin 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 TaD would benefit the region by
assisting in achieving Gro\\ih 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 TaD in the Longacres area; and
'VHEREAS, the workshop resulted in strong support for the project and a
"vision" for land use and transportation in the Longacres TaD area; and
,
WHEREAS, to implement this vision, the City applied for and was awarded a
S1.5 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 pennanent
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
WHEREAS, the Longacres site is considered one of the region's key
opportunities for TOD, primarily due to the large amount of vacant and
redevelop able land surrounding the station; and
\VHEREAS, Sound Transit's Unclassified Use Pennit for the temporary
Sounder Commuter Rail Station will need to be extended in order to ensure
that the pennanent Sounder Station is designed based on a completed TOD
master pJan, and
\VHEREAS, any significant amount of new development occurring prior to
the estabJishment of a desired pattern of uses in the TOD master pJan could
jeopardize the City's abiJity to impJement the TOD plan; and
WlIEREAS, the City has already received a proposal for development within
the TOD planning area that would have been inconsistent with the stated
vision for the TOD and threaten the successful implementation of the TOD
master plan; and
WlIEREAS, the City's Municipal Code allows for the division ofJand and
adjustment of boundary Jines 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 pJan;
and
\VHEREAS, 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 otber related regional transportation infTastructure issues are decided; and
\"1!EREAS, the City also desires to ensure public input on these issues; and
\VHEREAS, the moratorium win expire on :'. ::i=t:3: : _ :2e'8-1-Januarv 24. 2005,
and the TaD planning process is not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on J~::y
:", "'(',Januarv 10.2005; and
\VHEREAS, 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; and
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 fmdings 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 Established. For the purposes of this ordinance, "the TOD
planning area" is identified in Figure I. 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 Yaney Highway on the west.
Section 3. Moratorium on Activities. A moratorium established by Ordinance No. 1996
is hereby renewed, regarding the filing of permits and approvals within the TaD
planning area relating to:
1. Land divisions: This includes all permits and approvals related to subdivisions, short
subdivisions, boundary line adjustments, and lot consolidations.
I. 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:
a. rezones
b. conditional use permits
c. unclassified use permits
d. vanances
e. binding site plans
f. required enyironmental review
g. building pennits ,
h. land altering pennits relating to the following activities and uses:
(1) Amusement parks
(2) Automobile, recreational vehicles or travel trailer sales rooms. No
dismantling of cars or travel trailers nor sale of used parts allowed.
(3) Automotive services
(4) Cemeteries and crematories
(5) Commercial laundries
(6) Drive-in theaters
(7) Drive-through restaurants
(8) Electrical substations - distribution
(9) Heavy equipment repair and salvage
(10) Internet data/telecommunication centers
(11) Manufacturing, processing and/or packaging of foods, including but not
limited to, baked goods, beverages (except fennenting and distilling),
candy, canned or preserved foods, dairy products and byproducts, ITozen
foods, instant foods and meats (no slaughtering)
(12) Manufacmring, processing and/or packaging pharmaceuticals and related
products, such as cosmetics and drugs
(13) Manufacturing, processing, and/or packaging previously prepared
materials including, but not limited to, bags, brooms, brushes, canvas,
clay, clothing, fur, furnimre, glass, ink, paint, paper, plastics, rubber, tile,
and wood
(14) 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.
(15) 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.
(16) Motels
(17) Recreation facilities (commercial - indoor), including bowling alleys,
skating rinks, shooting ranges
(18) Warehouse storage and/or wholesale distribution facilities
Section 4. Effective Period of Moratorium. The moratorium established by this
ordinance shall become eftective as set forth in Section 7 below, and shall continue in
effect for SLX months thereafter unless repealed, renewed or modified by the City Council
after a subsequent public hearing and entry of findings of fact.
Section 5. 'York 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. Severability. If any section, subsection, paragraph, sentence, clause or pluase
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 I, this public emergency
ordinance -- necessary for the protection ofthe 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 THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereofthis _ day of _,200-:'2.
Steven M. Mullet, Mayor
ATIEST/AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
City of Tukwi{a
Steven M, Mullet, Mayor
Department of Community Detlelopment
Steve l.<incaster, Director
TO:
From:
Date:
Community Affairs and Parks Committee Members
Steve Lancaster, Director
December 14, 2004
Subject:
Renewing the current moratorium on certain land divisions and development
activities within the transit oriented development (TOD) planning area
Back!!round
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 (TOD) 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 TOD at the station are in place.
Ordinance No. 2054 expires January 24, 2005. Council must decide whether to hold a public
hearing and renew the ordinance or let the moratorium lapse. To date, Council has renewed the
moratorium four 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.
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 ruc 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.
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.
6300 South center Boulevard, Suite #/00 . Tukwila, Washington 98/88 . Phone: 206-43/.3670 . Fax: 206.431-3665
Options
1. Council renews the Ordinance as is. 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, 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 public 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.
Conclusions
Staffwill be reviewing and revising the administrative draft ruc Plan in January 2005. Planning
Commission and City Council worksessions and public hearings will begin late February. Plan
adoption is anticipated in the third quarter of2005. However, there is still a need for keeping the
moratorium in place until that time. 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.
Staff Recommendations
Renew the Ordinance without modifications. Forward the proposed amendment on to the COW
for a public hearing at a special meeting at their January 10,2005 meeting.
City .of Tukwila
NOTICE OF
PUBLIC HEARING
Notice is hereby given that the TukwiIa City Council will hold a public hearing on
Monday, January 10, 2005, beginning at 7 PM in the Council Chambers at Tukwila City
Hall, 6200 Southcenter Blvd, Tukwila, Washington, to consider the following:
An ordinance 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
(TO D) around the temporary Sounder Commuter
RaiV Amtrak station at Longacres.
All interested persons are invited to be present to voice approval, disapproval, or
opinions on this issue. Those unable to attend in person may submit written testimony to the
City Oede's office until 5 p.m. on the day of the hearing.
TukwiIa City Hall is wheelchair accessible. The City strives to accommodate people
with disabilities. Reasonable accommodations are available at Public Hearings with advance
notice. This notice is available in alternate formats for individuals with disabilities. Please
contact the City Oerk's Office at (206) 433-1800 or roD (206) 248-2933 by Noon on the day of
the hearing if we can be of assistance.
...,.A.l ~
Dated this '- ') day o! .L( I ~. 2005.
(}?~IP 0.{~~
Jane E. Cantu, CMC City Oerk
1/
Published: Seattle Times, December 31, 2004
City of Tukwiia
Steven M. Mullet, Mayor
1
Department of Community Development
NOTICE OF PUBLIC HEARING
Steve Lancaster, Director
December 29,2004
Dear Sir or Madam:
The Tukwila City Council is considering renewing Ordinance No. 2054 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 I). No changes to the ordinance are proposed.
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 ordinance scheduled for
Monday, January 10, 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 until land 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 businesses.
. Allows the filing of and approvals related to:
The expansion of existing businesses on existing lots.
Sign permits and building permits for tenant improvements.
. Allows the filing of approvals related to:
All other uses currently allowed under roc (Tukwila Urban Center) 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.
The current Ordinance, No. 2054, expires January 24, 2005. Council must hold a public hearing
and decide whether to renew the ordinance or let the moratorium lapse. Planning for the TOD
area is underway, and there is still a need for keeping the moratorium in place until a master plan
for the area is in place.
6300 Southcenter Boulevard, Suite #100 . Tukwila, Washington 98188 . Phone: 206.431-3670 . Fax: 206.431-3665
-2-
December 21, 2004
For additional information, or to obtain a copy of the proposed ordinance, please contact Lynn
Miranda, Senior Planner, or Jack Pace, Deputy Director, at 206.431.3670.
Sincerely,
~L-A-
Steve Lancaster
Director, Department of Community Development
Community and Parks Committee
December 14,2004
Present:
Pam Linder, Chair; Joe Duffie, Dave Fenton
Steve Lancaster, Kevin Speck, L}lU11vfiranda, Lucv La
Renewal Moratorium on TOD Area Since 2002 there has been a moratorium on certain uses
of the land around the Transit Oriented Development area. The moratorium prohibits
manufacturing, industrial, and auto-related businesses, but many uses are allowed that will not
prevent easy redevelopment in future years. Steve L said the moratorium will not affect the
proposed new housing development in the area. Noting there have been several extensions of this
moratorium, he said the plan is progressing toward completion, and though this may not be the
last extension, it should be fInished in 2005. The plan will be ready for initial Council review in
January. There will be a public hearing Jannary 10, and adoption a week later. Recommend
Public Hearing- and renewing- the moratorium to a CO\"" January 10.
Contract with Huckell Weinman Associates for EIS for TUC The City has been very
successful in doing a Planned Action environmental review of the manufacturing area so that
developers generally don't need to do EIS work for their projects. DCD is planning to do the
same in the TUe. The plan would look at the environment impacts possible in the area, and then
specify what projects could go forward where. The end product will be a Supplemental
Environmental Impact Statement (SEIS)_ Dave asked about the consultant. Steve said they had
done the Westfield ElS. Recommend contract to COW,
Connecti\'itv The Committee talked about how the City might be able to connect at least the
CBD and eventually the neighborhoods with gigabit ethemet. They discussed what a benefIt to
certain businesses this would be, and Dave said it would be beneficial to some apartments as
well. How much it would cost businesses to buy in was one issue. Though Tukwila has a
substantial amount of capacity for fiber in the ruc, some of the larger companies want to o\\'n
their --G\\-'Rpipes-as-well-as--fiber ~fle si gnal-imerc-onnectiJwjects-on-the east-s-ide-of the-e-ity-a!so------- --
have helped to put capacity in the ground. Dave said he had originally thought it would be good
to do a joint project with our neighboring cities, but he is re-thinking that might not be good, as
Tukwila is far ahead of our neighbors in putting pipe in the ground. Joe asked how connectivity
would affect the many poor people who live in Tukwila. One thing many lower income people
do have is cable TV, and they may want to use connectivity for that as long as they have to pay a
bill for cable. Pam asked Derek if he could prepare an information paper in January on how
having Ethernet would affect the CBD in its quest for attracting new businesses. She said she
would bring this up with the lVlayor to clarify and get approval for her request. Information.
~-
.J( -
\ ~ Committee chair approval