HomeMy WebLinkAboutReg 2003-03-03 Item 5A - Ordinance - Moratorium Regarding Transit Oriented Development (Sounder Station/Longacres)
CAS Number: (REF: 02 -112) 03-022 1 Original Agenda Date (10.28.02 rib am ao 0 3
aw
Agenda Item Title:
Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor: Authorize Mayor to adopt the proposed ordinance.
Committee:
Administiation:
Cost Impact (if known): N/A
Fund Source (if known): N/A
Meeting Date
9.16.02
10.28.02
224.03
Meetins Date
224.03
COUNCIL AGENDA SYNOPSIS
Meeting Date
March 3, 2003
1 Prepared by
Lm
Adoption of a 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.
Council. Admin.xx
Approval on March 3, 2003
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/ mtrak eta ion at .ongacree
noto 01,04
Action
224.03 Minutes of CAP meeting, February 11, 2003.
Initials
1 Mayor's review 1 Council review
Attachments
ITEMNO.
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 the proposed Ordinance.
3.03.03 Memo to City Councilmembers RE: Adoption of the proposed ordinance establishing a temporary
moratorium on land divisions and certain land use decisions in the Longacres TOD planning area.
3.03.03 Copy of proposed ordinance establishing a temporary moratorium on land divisions and certain land use
decisions in the Longacres TOD planning area.
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.
224.03 Proposed ordinance renewing six -month moratorium.
224.03 Ordinance No. 1996
224.03 I Copy of Memo to CAP RE: Six -month renewal of Ordinance No. 1996, and proposed modifications.
224.03 Copy of Public Hearing Notice
224.03 Copy of letter dated Feb. 12, 2003 sent to affected property owners and businesses in the TOD planning
area
Steven M. Mullet, Mayor
13ackaround
City of Tukwila
Department of Community Development Steve Lancaster, Director
TO: City of Tukwila Councilmembers
From: Steve Lancaster, Director Q' A v
Date: February 26, 2003
Subject: Adoption of proposed ordinance, establishing a temporary moratorium on land
divisions and certain land use decisions in the Longacres TOD planning area.
On September 2002, Council 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 (see Figure 1). This Ordinance expires March 16,
2003.
Planning for the TOD area will begin in March, and there is still a need for keeping a moratorium
in place until a land use /transportation framework is adopted. A new ordinance is proposed (see
attached) 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. See Table 1, below, for a summary of proposed changes.
Table 1. Changes incorporated into
Current Ordinance No. 1996
Within the TOD planning area:
Prohibits the filing of permits and
approvals related to such uses or
activities as manufacturing,
industrial auto oriented
businesses.
the Proposed Ordinance
Proposed Ordinance
Within the TOD planning area:
Allow applications and approvals related to interim uses:
Automobile sales Tots
Contractor or storage yards
Commercial parking
These uses are easily redevelopable, having minimal impacts
and investments in infrastructure.
This prohibits new development or the
expansion of existing uses that are Exempt from the moratorium the expansion of existing
incompatible for a future TOD. businesses on existing lots.
This focuses on ensuring the viability of existing businesses.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
There are no other substantive differences between the existing ordinance and the proposed
ordinance. Both ordinances:
Prohibit the filing of all permits and approvals within the TOD planning area related to land
divisions.
Exempt from the moratorium the filing of and approvals for sign permits and building permits
for tenant improvements.
CAP authorized staff to forward the proposed ordinance to Council for a public hearing at their
COW meeting on February 24, 2003. Notice for the public hearing on the moratorium was
provided. Individual letters were sent to affected property owners and businesses notifying them
of the scheduled hearing. The public hearing on the proposed ordinance was held on February 24,
2003.
Summary of Public Hearing Comments
Three people gave public comment at the hearing held on February 24, 2003. While all speakers
were not in favor of having a moratorium, all supported the proposed changes relaxing the
restrictions on developing their properties.
Council Comments on the Proposed Ordinance
Council directed staff to modify the proposed ordinance by adding a "WHEREAS" clause stating
that a public hearing on the ordinance was held on that date.
Proposed Next Stens
1.Council adopts the proposed ordinance, and allows Ordinance No. 1996 to expire. Council
revisits the moratorium in six months (August, 2003).
Transit Oriented Development (TOD)
Planning Area
Figure 1
lanpa s Site Moratorium Renewal 1
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 RAH/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 Inclassified 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
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 will expire on March 16, 2003, and the TOD
planning process is not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on February 24,
2003;
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,
Longeems Site Moratorium Renewal 2
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.
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.
Longaaes Site Moratorium Renewal 3
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 L 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
Longacres Site Moratorium Renewal 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