HomeMy WebLinkAboutReg 2003-08-18 Item 9A - Ordinance - Moratorium Regarding Transit Oriented Development (Sounder Station/Longacres) COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by Mayor's review Council review
August 11, 2003 SL
August 18, 2003
ITEM INFORMATION
CAS Number: 03-022 (RI~: 02-112) I Original Agenda Date 2/24/03 iRt~: 9/1 6/02 )
Agenda Item Title: Adoption of a proposed ordinance 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.
Original Sponsor: Council. Admin. xx
Timeline: Al~l~roval on August 18, 2003. Existing moratorium expires August 30, 2003.
Sponsor's Summary: 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.
1.eeommendations:
Sponsor: Authorize Mayor to adopt the proposed ordinance.
Committee:
.A dmini~l'ati0n:
Cost Impact (if known): NA
Fund Source (if known): NA
: : 5: RECORD OF COUNCIL ACTION
Meeting Date Action
9.16.02 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.
10.28.02 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.
2.24.03 Council held a public hearing on proposed ordinance 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 Council held a public hearing on proposed ordinance renewing the six-month moratorium.
APPENDICES
Meeting Date Attachments
8.18.03 Memo to City Councilmembers RE: Adoption of the proposed ordinance establishing a temporary
moratorium on land divisions and certain land use decisions in the Lonl~aeres TOD planning area.
Ordinance - final format
Department of CommumtY Development Steve Lancaster, Director
TO: City of Tukwila Cauncilmembers
From: Steve Lancaster
Date: August 13, 2003~''''
Subject: Adoption of proposed ordinance establishing a temporary moratorium on land
divisions and certain land use decisions in the Longacres TOD planning area.
Background
There has been a moratorium 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 since September, 2002.
The current moratorium, Ordinance No. 2014, will expire August 30, 2003. Staff recommends
renewing the ordinance without modifications. Planning for the TOD area is underway, and there
is still a need for keeping the moratorium in place. A public hearing on the proposed ordinance
was held at the COW meeting on August 11, 2003. Attached is a copy of the proposed ordinance.
Update on the TOD Plan
Since passage of the moratorium:
· A series of workshops and stakeholder meetings have been initiated. The consultant team,
based on workshop results, is preparing a future land use scenarios for the TOD and TUC
· This plan will be folded into the overall Tukwila Urban Center (TUC) plan. The TUC plan
and TOD subarea plan are anticipated to be completed and ready for the adoption process
early 2004.
Provisions of the Ordinance
There are no substantive differences between the proposed ordinance and the existing one.
Within the TOD planning area, the proposed 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.
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 * Fax: 206-431-3665
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.
Summary of Public Hearing Comments
One person gave public comment at the hearing held on August 11, 2003, speaking against
extending the moratorium. The speaker questioned whether a TOD project would be feasible,
considering the significant cost of relocating the utilities in the area.
No written comments were received.
Proposed Next Steps
At the next regular meeting on August 18, 2003, Council has the following options:
a. Take no action. Current Ordinance No. 2014, establishing a moratorium on development in
the TOD, will expire on August 30, 2003. Land divisions, development activities and land
uses will be allowed under the City's zoning. Planning and implementation of a TOD and
other Ixansportation 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 (February 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 without modifications.
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 RAII/AMTRAK STATION AT
THE LONGACRES SITE; 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 the Longacres site, 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 2003, some issues need to be addressed immediately in order
for the TOD project to be successful; and
TOD Moratorium Renewal 11114/03 1
WHEREAS, the "Tukwila Urban Center" 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
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, 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'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 master plan and
environmental review for the TOD at the Longacres site 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 the Longacres site; 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 this proposed ordinance was held on February 24,
2003 and Council adopted Ordinance No. 2014 on March 3, 2003; and
WHEREAS, Ordinance No. 2014 will expire on August 30, 2003, and the TOD
planning process is not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on August 11,
2003;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sec tion 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.
TOD Moratorium Renewal 8/14/03 2
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 No. 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, and 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, and
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.
TOD Moratorium Renewal 8/14/03 3
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, tile, and wood
n. 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.
o. 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.
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 of this ordinance, 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
2003.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
TOD Moratorium Renewal 8/14/03 4
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Steven M. Mullet, Mayor
Transit-Oriented Development / TOD Planning Area
Figure 1
Vicinity Map