Loading...
HomeMy WebLinkAboutReg 2004-02-02 Item 6B - Ordinance - Moratorium Regarding Transit Oriented Development (Sounder Station / Longacres)J;'"" 9s COUNCIL AGENDA SYNOPSIS 0 c 2• w r� O MeetinADate N i� January 26, 2004 d 1908 I February 2, 2004 1 I I I I CAS Number: 04-006 Agenda Item Title: Original Sponsor: 1 Timeline: Sponsor's Sununary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): I Fund Source (if known): 02 -02 -04 NA NA 02 -02 -04 I Ordinance final format. Initials ITEM NO. Preparedly 1 Mayor's review 1 Council review SL( M) I ,a.. -f-r- I .7--/` 1 .&t I ..71 -1 I I I I SL I I I b ITEM INFORMATION O 0 1 Original Agenda Date January 26, 2004 Public Hearing of a proposed ordinance extending a temporary moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit oriented development. Council. Admin.xx Approval on February 2, 2004. Existing moratorium expires February 18, 2004. Recommend adoption of the proposed ordinance establishing a temporary moratorium on the acceptance of applications for development activities, land divisions, and land use decisions within the area designated for transit- oriented development (TOD) around the commuter rail /Amtrak station at Longacres. Conduct a Public Hearing and adopt the proposed ordinance. CAP recommends proposed ordinance to COW coon 01 -26 -04 Public hearing conducted. One citizen sought clarification to a portion of the proposed ordinance. One (duplicate) whereas claus was deleted. Consensus existed to forward the proposed ordinance to the February 2, 2004 City Council Regular meeting for consideration and /or adoption. Moratorium renewal 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 LAND DIVISIONS AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT- ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIIJAMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila 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 BNSF 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 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 rail station, 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 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 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 2004, 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 redevelopable land surrounding the station; and WHEREAS, Sound Transit's Unclassified Use Permit for the temporary Sounder Commuter Rail Station will need to be extended in order to ensure that the permanent Sounder Station is designed based on a completed TOD master plan; 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 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 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 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 WHEREAS, on September 16, 2002, the City adopted Ordinance No. 1996 establishing 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 (TOD) around the temporary commuter rail /Amtrak station at Longacres; and WHEREAS, Ordinance No. 1996 expired on March 16, 2003, and the TOD planning process was not yet completed; and WHEREAS, a public hearing on proposed Ordinance No 2014 was held on February 24, 2003 and Council adopted Ordinance No. 2014 on March 3, 2003; and WHEREAS, a public hearing on proposed Ordinance 2025 was held on August 11, 2003; and WHEREAS, on August 18, 2003, Council adopted Ordinance No. 2025, establishing a temporary moratorium on the acceptance of applications for certain land divisions and land use decisions within the area designated for transit- oriented development; and WHEREAS, Ordinance No. 2025 will expire on February 18, 2004, and the TOD planning process is not yet completed; and WHEREAS, a public hearing on this proposed ordinance was held on January 26, 2004; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA, 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. Moratorium renewal Section 2. Moratorium Area Established. 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 is hereby established upon the filing of permits and approvals within the TOD planning area relating to: 1. Land divisions: This includes all ,permits and approvals related to subdivisions, short subdivisions, boundary line adjustments, and lot consolidations. 2. 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. variances e. binding site plans f. required environmental review g. building permits, and h. land altering permits 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 fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). (12) Manufacturing, 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, furniture, 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 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 Morgorium renewal 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. 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 7. Effective Date. This ordinance, as a public emergency ordinance necessary for the protection of the public health and safety, shall take effect and be in hill force immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Moratorium renewal Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council Published: Effective Data Ordinance Number: