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HomeMy WebLinkAboutCOW 2004-01-26 Item 4 - Public Hearing - Ordinance Renewing Moratorium Regarding Transit Oriented Development (Sounder Station/Longacres)1 CAS Number: 04-006 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 9.16.02 10.28.02 2.24.03 COUNCIL AGENDA SYNOPSIS Meeting Date January 26, 2004 February 2, 2004 ITEM INFORMATION O O 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 NA NA 1 Preoared..4 SL( SL Initials— ITEM N0. 1 Mayor's review 1 Council review 1 j,..,G- I 1 1 I I I RECORD OF COUNCIL ACTION 1 Action Council adopted Ordinance No. 1996, 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. Council held a public hearing on adopted Ordinance No. 1996. No action was taken, allowing the moratorium to continue uninterrupted until it expires in March, 2003. Council held a public hearing on Ordinance 2014 modifying and renewing the six -month moratorium. 3.03.03 Council adopted Ordinance No. 2014, 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. 8.11.03 1 Council held a public hearing on proposed Ordinance 2025 renewing the six -month moratorium. 8.18.03 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. APPENDICES Meeting .Date 1 Attachments 1.26.04 I Memo to City Councilmembers RE: Public hearing on a proposed ordinance, establishing a temporary moratorium on Iand divisions and certain land use decisions in the Longacres TOD planning area. 1.2604 1 Proposed ordinance renewing six -month moratorium. 1.26.04 1 Copy of January 13, 2004 memo to CAP RE: Six-month renewal of Ordinance No. 2025. 1.26.04 1 Copy of Public Hearing Notice 1.26.04 Copy of letter dated January 12, 2004 sent to affected property owners and businesses in the TOD planning area. 1.26.04 1 Minutes of CAP meeting, January 13, 2004. City of Tukwila Department of Community Development Steve Lancaster, Director TO: City of Tukwila Co nclmembers From: Steve Lancaster n LN Date: January 20, 2004 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 Steven M. Mullet, Mayor To date, Council has adopted three six -month moratoriums on the 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 (see Figure 1). The first Ordinance (No. 1996) was adopted in September 2002. When it expired in March, 2003, Council adopted Ordinance No. 2014, allowing more interim use of properties during this planning period, while maintaining a moratorium on activities and uses that would have significant long -term impacts on the ability to successfully develop a TOD. When Ordinance 2014 expired on August 30, 2003, Council adopted Ordinance No. 2025, which extended the existing moratorium. 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. CAP authorized staff to forward the proposed ordinance to Council for a public hearing at their COW meeting on January 26, 2004. 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. Update on the TOD Plan In the fall of 2002, the City received a $1.5 million federal grant to: prepare a TOD master plan for the Longacres area, identifying land use, urban design and transportation/circulation objectives complete the Tukwila urban center (TUC) plan and incorporate the TOD plan in the overall plans for the TUC. Since passage of the moratorium: all but one of the series of workshops and stakeholder meetings have occurred. The staff and consultant team, based on workshop results, is preparing detailed land use scenarios (based on public and City feedback) for the combined TUC /TOD areas, using two development alternatives. This plan will be folded into the overall Tukwila Urban Center (TUC) plan. A draft TUC plan is anticipated to be available in June, 2004. The final TUC Plan is anticipated to be completed and ready for the adoption process in fall of 2004. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 431 -366 In November, 2000, the Council approved an Unclassified Use Permit (UUP) for the construction and operation of the temporary Sounder Commuter Rail Station located within the TOD area. This UUP will expire at the end of February. In February, staff will be recommending the extension of this UUP for the temnorary station so that the design of the permanent Sounder station can be coordinated with the final TUC /TOD plan. Staff recommends a modification to the current moratorium ordinance to allow the UUP for the temporary station to be extended while the moratorium is in place. Provisions of the Ordinance Within the TOD planning 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. Exempts 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 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. Allows for the extension of a current land use permit from the moratorium provisions. Proposed Next Stens 1. Council holds a public hearing on the moratorium at their COW meeting on January 26, 2004. 2. At the next regular meeting on February 2, 2004, Council has the following options: a. Take no action. Current Ordinance No. 2025, establishing a moratorium on development in the TOD, will expire on February 18, 2004. Land divisions, development activities and land uses will be allowed under the City's zoning. Planning and implementation of a TOD and other transportation improvements may be more difficult. b. Adopt the proposed ordinance, essentially extending the current moratorium for six months. Council would then revisit the issue in six months (August, 2004). Staff Recommendations There is still a need for keeping the existing ordinance in place until a land use /transportation framework is adopted. Staff recommends renewing the ordinance with the modification allowing the extension of permits for current land use permits. Attached is a copy of the ordinance. Transit-Oriented Development / TOD Planning Area Figure 1 Vicinity Map MTV CITY OF TUKWILA, WASHINGTON Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SDC- 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; 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 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 pattem 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 20043, 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 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 WHFREAS, 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 Tlnclassified Ilse Permit for the tem ,orary Sounder Commuter Rail Station will need to he extended in order to ensure that the nernranent Sounder Station is designed based on a com-ileted TOD master nlan. 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; WHEREAS. a nublic hearing on proposed Ordinance 2025 was held on August 11. 2003. WHEREAS. on August 18. 2003, Council adopted Ordinance No. 2025. establishing a temnorary moratorium on the accentance of annlications for certain land divisions and land use decisions within the area designated for transit oriented development. WHEREAS. Ordinance No.2025 will expire on February 18. 2004, and the TOD planning nrocess is not vet 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 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 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 southem 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: (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 nermits, and expansion of existing businesses on existing lots, this includes all applications and approvals for any and all (i) rezones, (ii) conditional use permits, (iii) unclassified use permits, (iv) variances, (v) binding site plans, (vi) required environmental review, (vii) building permits, and (viii) land altering permits relating to the following activities and uses: Amusement parks Automobile, recreational vehicles or travel trailer sales rooms. No dismantling of cars or travel trailers nor sale of used parts allowed. Automotive services Cemeteries and crematories Commercial laundries Drive -in theaters Drive- through restaurants Electrical substations distribution Heavy equipment repair and salvage Internet data/telecommunication centers 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) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs 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 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. 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. Motels Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges 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. 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 full 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.. Al PEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney Steven M. Mullet, Mayor o City of Tukwila te !:_J Department of Community Development TO: Community Affairs and Parks Committee Members From: Steve Lancaster, Director Date: January 13, 2003 Subject: Renewing the current moratorium on certain land divisions and development activities within the transit oriented development (TOD) planning area Background To date, Council has adopted three six -month moratoriums on the 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 (see Figure 1). The first Ordinance (No. 1996) was adopted in September 2002. When it expired in March, 2003, Council adopted Ordinance No. 2014, allowing more interim use of properties during this planning period, while maintaining a moratorium on activities and uses that would have significant long -term impacts on the ability to successfully develop a TOD. The third ordinance (No. 2025) was adopted in August 2003, renewing Ordinance 2014. Ordinance No. 2025 will expire February 18, 2004. Council must decide whether to hold a public hearing and renew the ordinance 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. In November, 2000, the Council approved an Unclassified Use Permit (UUP) for the construction and operation of the temporary Sounder Commuter Rail Station located within the TOD area. This UUP will expire at the end of February. In February, staff will be recommending the extension of this UUP for the temnorary station so that the design of the nermanent Sounder station can be coordinated with the final TUC /TOD plan. Staff recommends a modification to the current moratorium ordinance to allow the UUP for the temporary station to be extended while the moratorium is in place. Provisions of the Ordinance Within the TOD planning 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. Steven M. Mullet, Mayor Steve Lancaster, Director 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206- 431 -3665 Exempts 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 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. Exempts the extension of a current land use permit from the moratorium provisions. Update on the TOD Plan In the fall of 2002, the City received a $1.5 million federal grant to prepare a TOD master plan for the Longacres area, identifying land use, urban design and transportation/circulation objectives. These grant funds will also be used to complete the Tukwila urban center (TUC) plan and incorporate the TOD plan in the overall plans for the TUC. Since passage of the original moratorium: Three of a series of four workshops and stakeholder meetings have been held. The consultant team, based on workshop results, is developing a future land use and capital improvement scenario for the TOD area. This plan will be folded into the overall Tukwila Urban Center (TUC) plan. A draft of the TUC plan (including the TOD area) is anticipated to be completed and ready for public review in June, 2004. Council consideration of the draft plan is expected to take place in fall, 2004. Options 1. Council renews Ordinance 2025 with the recommended modification. It 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 renews the Ordinance without modification. Its provisions remain the same as the current Ordinance No. 2025, without modifications. The UUP for the Sounder temporary commuter rail station lapses and the station becomes non compliant 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. 3. Council modifies the Ordinance further. 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. 4. 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 a TOD and other transportation improvements may be more difficult. Proposed Next Stens There is still a need for keeping the existing ordinance in place until a land use /transportation framework is adopted. Staff recommends renewing the ordinance without modifications. Attached is a copy of the ordinance. 1. Forward the Ordinance as written or amended to the Council for a public hearing at their COW meeting on January 26, 2004. 2. At their regular meeting on February 2, 2004, the Council will determine whether to renew or modify the Ordinance, or allow the current moratorium to lapse. [Bob Bob Baker Alice noticceofpublichearing.doc Page 1 CITY OF TUKWILA NOTICE OF PUBLIC HEARING 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 (TOD) around the temporary commuter rail /Amtrak station at Longacres. NOTICE IS HEREBY GIVEN the Tukwila City Council will hold a public hearing on Monday, January 26, 2004 at 7:00 p.m., in Council Chambers, at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, to consider All interested persons are invited to attend to voice approval, disapproval, or opinions on this issue. For those unable to attend in person, you may submit written testimony to the City Clerk's Office until 5:00 p.m., on the day of the hearing. Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities; reasonable accommodations are available at the public hearing with advance notice to the City Clerk's Office. This notice is also available in alternate formats for individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 or TDD 206 -248 -2933 if we may be of assistance. Published: Seattle Times 01/ aka-- Jane E. Cantu, CMC City Clerk January 12, 2004 Dear Sir or Madam: City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF PUBLIC HEARING The Tukwila City Council is considering renewing Ordinance No. 2025 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). This renewal will include a modification allowing the extension of current land use permits under 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 ordinance scheduled for Monday, January 26, 2004, 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. Steven M. Mullet, Mayor 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, including those that are easily redevelopable such as auto sales lots, contractor or storage yards, or commercial parking. The current Ordinance, No. 2025, expires February 18, 2004. Council must hold a public hearing and decide whether to renew the ordinance or let the moratorium lapse. Planning for the TOD 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 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. For additional information, or to obtain a copy of the proposed ordinance, please contact Alice Strand, Senior Planner, or Jack Pace, Deputy Director, at 206.431.3670. Sincerely, c 'c L. A.-- Steve Lancaster Director, Department of Community Development Community and Parks Committee January 13, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton Steve Lancaster, Rhonda Berry, Lucy Lauterbach Renewing Moratorium on TOD The moratorium on building in the Transit Oriented Development area (TOD) has been in place since 2002. Since that time the City has broadened the uses allowed in the area. The TOD master plan has also made progress, with a series of meetings to explore future land uses and infrastructure plans. The current moratorium will expire February 18. Steve explained that one thing in the ordinance extending the moratorium is an allowance for the Sound Transit station unclassified use permit to be extended Staff wants that provision in order to allow negotiations for the station to proceed. Steve thought they could negotiate a better permanent station if the permit were not forced to be closed now. The design for the permanent station is still in flux. Pam asked about staffing for Sound Transit. Steve said he has had from 1 -1.25 FTE people working on Sound Transit over the past couple of years. However, as work on permitting is nearing an end, the next phase will relate more to development and construction, which is why Public Works is devoting a person to Sound Transit now. Pain asked that he detail that in a short memo to Council. Recommend moratorium ordinance to COW. Tukwila Library Rhonda and the mayor have a meeting with Bill Ptacek to discuss changes at Tukwila Library. Rhonda explained the City had an agreement with the Library District in 1982, and another interlocal was adopted when citizens assumed the cost of the Library District taxes in 1991. The later agreement discusses how library services will remain at the same level, which leads to various interpretation. This item will be on the Council agenda next week. Information. Committee chair approval