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Home My WebLink AboutReg 2010-04-05 Item 6 - Public Hearing - Ordinance Regarding Moratorium on Non-Industrial Uses Within Manufacturing Industrial CenterCAS NUMBER: 10-018 SPONSOR'S SUMMARY Fund Source: Comments: 1 MTG. DATE 02/16/10 EXPENDITURE REQUIRED MTG. DATE 02/16/10 04/05/10 COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by 02/16/10 JP 04/05/10 JP ITEM INFORMATION Initialr ITEM NO. Mayors review Council review PC 14 I ORIGINAL AGENDA DATE: FEBRUARY 16, 2010 AGENDA ITEM TITLE Moratorium on certain non industrial uses within Manufacturing Industrial Center areas of the City. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date 04/5/10 Mtg Date Mtg Date 04/5/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police n PWI Hold the public hearing on the attached emergency moratorium that prevents certain non- industrial uses from being able to establish within the City's MIC area. The attached ordinance amends Ordinance 2277 and includes "findings of fact" related to the moratorium. RE?VIEWED BY COW Mtg. CA &P Cmte n F &S Cmte J I Transportation Cmte Utilities Cmte (J Arts Comm. Parks Comm. Planning Comm. DATE: None, emergency declaration RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Not reviewed by Committee, Emergency Declaration COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION Adopted ordinance 2277 establishing a six month moratorium on certain uses in the MIC ATTACHMENTS Informational Memorandum dated 2/10/10 from Jack Pace, DCD Director Ordinance in final form Map of MIC area Report "The future of Seattle's Industrial Lands" Informational Memorandum dated 3/30/10 from Jack Pace, DCD Director Scope of Manufacturing Industrial Center Study Ordinance in strike through underline format Map of MIC area 13 14 City of Tukwila TO: Mayor Haggerton City Council FROM: Jack Pace, DCD Director DATE: March 30, 2010 INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor SUBJECT: Moratorium on certain non industrial uses within the City's Manufacturing Industrial Center (MIC). ISSUE Hold the public hearing on the ordinance establishing a six month moratorium on non industrial uses within the City's Manufacturing Industrial Center. BACKGROUND On February 16, 2010, the City Council adopted Ordinance 2277, which declared an emergency and enacted a six -month moratorium on certain non industrial uses within the City's Manufacturing Industrial Center. The ordinance took effect immediately upon adoption by the City Council. Washington State Law requires the Council to conduct a public hearing on the moratorium within 60 days of adoption by the Council. DISCUSSION Staff has prepared a revised ordinance, which includes "Findings of Fact" related to the moratorium. Also, since the adoption of the moratorium, there were a few issues that came to staff's attention and the amended ordinance proposes some clarifications. These clarifications specifically address existing businesses and park facilities. The proposed changes allow existing buildings and uses that were legally established to continue to operate and make necessary tenant improvements. Planning staff has already begun the process of collecting and studying the background data and policy regulations impacting Manufacturing Industrial Center. The scope of Manufacturing Industrial Center study is attached. The study will likely result in Comprehensive Plan /Zoning map change, updating the zoning and development regulations within the Manufacturing Industrial Center area and updates to the Planned Action ordinance. RECOMMENDATION Hold the public hearing and adopt the amended ordinance on April 5, 2010 ATTACHMENTS Scope of Manufacturing Industrial Center Study Ordinance in strike through underline format 15 16 Product: Background Report MANUFACTURING /INDUSTRIAL CENTER STUDY Purpose Update infoiniation pertaining to MIC Consider economic activity, development and development codes in the MIC in light of the Comprehensive Plan's vision for the MIC that supports "existing and future industrial activity to maximize employment and economic benefits to the people of Tukwila and the region," and pressure on the MIC to allow non- industrial uses to locate /expand Recommend modifications /actions as indicated STUDY ELEMENTS: 1. Background Overview of Economic and Physical Conditions, Policy and Regulations Update, collect background data for the MIC as available, including such elements as: employment, land use, permitting and development land valuation/sales transportation recreation utilities Review current policy and regulatory framework for M /IC Review Comprehensive Plan implementation to date 2. Issues and Opportunities Identify and briefly describe issues that affect manufacturing and industrial opportunities in the MIC, and opportunities for promoting further development/protection of MIC land. Trends Industrial areas and sectors Region Summary of recent Events /Current Issues in and affecting the MIC, including topics such as: o Demolition of Boeing Plant #2 o Duwamish cleanup, brownfields, o Transportation, including public transit i.e. possible future light rail stations, peak demand vs. pass through, closure of First Avenue South bridge, update Transportation Model. o Possible annexation of North Highline area Public /Stakeholder input regarding issues and opportunities affecting the MIC Product: Summary of Issues /Opportunities affecting the MIC Rf 1 17 18 3. Recommendations: Review and assess current and anticipated conditions, Comprehensive Plan vision, issues and stakeholder comments. Recommend appropriate City approach to development, development codes, and economic activity in the MIC. Recommended actions could include Comprehensive Plan/Zoning map changes, code changes, updates to the Planned Action, etc. as appropriate. Product: Assessment and recommended actions —Short, Medium and Long -term PUBLIC INVOLVEMENT: It is expected that public involvement will occur primarily after the Background Report is completed. Staff will identify interested MIC stakeholders (land owners, tenants, businesses, other), and solicit their involvement and opinions. Public involvement activities will include some of the following as appropriate: Informational postings on City website Surveys Mailings Notices in "The Hazelnut" Open house Phone interviews TIME FRAME/RESOUCES It is expected that the study will be conducted over the next year using primarily in -house staff resources. Rf 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2277 RELATING TO THE PRESERVATION OF INDUSTRIAL LAND WITHIN THE CITY'S MANUFACTURING INDUSTRIAL CENTERY ESTABLISHING A SIX MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, BUSINESS LICENSES AND /OR APPROVALS FOR ANY CHANGE IN USE FOR CERTAIN NON- INDUSTRIAL USES WITHIN THE MANUFACTURING INDUSTRIAL CENTER ZONE; AND ADOPTING FINDINGS OF FACT SUPPORTING THE ESTABLISHMENT OF THE MORATORIUM: PROVIDING FOR SEVERABILITY; DEG "RAN_ 4NGY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on February 16, 2010, the Tukwila City Council passed Ordinance No. 2277, which declared an emergency and established a moratorium on the acceptance and issuance of applications for certain non- industrial uses within the Manufacturing Industrial Center zone; and WHEREAS, Tukwila supports the economic health of our existing industrial businesses and institutions per Comprehensive Plan Goal 11.1; and WHEREAS, Tukwila's Comprehensive Plan Policy 11.1.5 allows for uses that support manufacturing and industry, such as offices and laboratories, while limiting unrelated uses; and WHEREAS, Tukwila's Comprehensive Plan Policy 11.1.7 supports developing the Duwarnish River as a natural feature amenity in the MIC; and WHEREAS, this moratorium amends the provisions adopted under Ordinance No. 2277; and WHEREAS, the City of Tukwila contains one of four manufacturing and industrial centers (MIC) in the County; and WHEREAS, these MIC areas are designated via a regional process through the County -wide Planning Policies; and WHEREAS, the King County County -wide Planning Policies state that by 2010 jurisdictions that contain MIC areas shall have zoning and detailed plans in place to achieve the following goals: 1) Preserve and encourage the aggregation of vacant or non conforming /industrial land parcels sized for manufacturing /industrial uses; 2) Discourage land uses that are not compatible with manufacturing, industrial and advanced technology uses; 3) Accommodate a minimum of 10,000 jobs; and 4) Limit the size of office and retail unless as an accessory use; and W: \Word Processing \Ordinances \MIC Moratorium Amend.docs JP:ksn 3/30/2010 Page 1 of 4 19 20 WHEREAS, as part of the 2009 -2010 biennial budget, the Mayor's Office and the City Council identified a goal of updating the City's zoning and development regulations within the City's MIC area; and WHEREAS, manufacturing jobs typically provide living wage jobs that the City Council desires to be retained within the City; and WHEREAS, the City of Tukwila's MIC area borders the City of Seattle's MIC zoned area and coordination between the City of Seattle, the City of Tukwila and King County is needed in order to preserve, protect and enhance the region's industrial land supply, which is essential to the long -term economic vitality of the region; and WHEREAS, the King County County -wide Planning Policies note, "MIC Employment Centers are key components of the regional economy. These areas are characterized by a significant amount of manufacturing, industrial and advanced technology employment and WHEREAS, the King County County -wide Planning Policies note that "cities that contain MIC areas should discourage and prevent incompatible uses within the MIC areas"; and WHEREAS, the King County County -wide Planning Policies state that all jurisdictions within the County benefit from and are impacted by the fourivc MIC areas located within the County; and WHEREAS, the City's current regulations within the MIC area allow a wide range of non industrial uses, such as retail, office and recreation, some of which may not be consistent with the City 's update to Tukwila Municipal Code Title 18 (Zoning Code); and WHEREAS, the pressure to convert industrial land to non industrial usesland increases the land value in the MIC zones and these rising land values can threaten to push manufacturing businesses out of the region; and WHEREAS, the City Council of the City of Tukwila desires to research and study the land supply within the MIC zone in order to determine if the City's development regulations act to retain existing and attract new manufacturing businesses to the City; and WHEREAS, the Department of Community Development staff has presented to the City Council the scope of the Manufacturing Industrial Center study; and WHEREAS, the City also desires v ublic input on the issues outlined in the scone of the study; and WHEREAS, the City desires to limit the number of uses that may be rendered non- conforming by an update to Tukwila Municipal Code Title 18 (Zoning Code); and WHEREAS, without an immediate effective date. applications could continue to be received by the City that could establish vested rights for uses that may be inconsistent with the City's update to Tukwila Municipal Code Title 18 (Zoning Code); and WHEREAS, pursuant to RCW 35.63.200. RCW 35A.63.220 and RCW 36.70A,390, the City is reouired to hold a public hearing within 60 days of adoption of a moratorium, and to adopt findings of fact; and WHEREAS, the City Council. following public notice. held a public hearing on April 5, 2010, on the moratorium provisions listed under Section 2 of this ordinance; a {.4 NOW THERFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: \Word Processing \Ordinances \MIC Moratorium Amend.docx JP:ksn 3/30/2010 Page 2 of 4 Section 1. Findings of Fact. The "whereas" clauses: above; are hereby adopted by reference as the City Council's findings of facts as if fully set forth herein. _Section 21. Moratorium Imposed. The City hereby imposes a moratorium upon the acceptance and issuance of o o land use apnlications except rezone and coma rehensive plan amendrnents) building and development permits, business licenses and /or approvals for certain non manufacturing uses within both the MIC /H and MIC /L zones, including, but not limited to: 1. Adult entertainment establishments; 2. Automotive services; 3. Beauty or barber shops; 4. Bicycle repair shops; 5. Stand -alone daycare centers not associated with an existing business within the MIC /H or MIC /L zones or associated with a new manufacturing use within those zones; 6. Commercial laundries; 7. Financial services; 8. Hotels; 9. Laundries, including self serve, dry cleaning, tailoring and dyeing; 10. Libraries; 11. Museums, except expansion of mw a;;irting cstab' sheer' -pan e -m and airy acccsaory uaac C..33 _iatee biee-t to this moratorium; 12. Art galleries; 13. Motels; 14. Stand —alone Qoffices not associated with other permitted uses listed under TMC 18.36.020 and TMC 18.38.020. a permitted manufacturing use in TMC 18.37.920; Permits may be issued for tenant improvements and expansion of existing office buildings. 15. Outpatient, inpatient, and emergency medical and dental facilities; 16. New parks, trails, picnic areas and playgrounds (public); however, permits may be issued for improvements to or expansion of existing parks, trails, picnic areas and Playgrounds; 17. Recreation facilities, athletic or health clubs; 18. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks); 19. Restaurants; 20. Schools and studios for education or self improvement; 21. Taverns, nightclubs; 22. Self storage facilities; 23. Colleges and universities; 24. Fire and police stations; 25. Park -and -ride lots; W: \Word Processing \ordinances \M1C Moratorium Amend.docx JP:ksn 3/302010 Page 3 of 4 21 22 26. Sports fields; 27. Community centers; 28. Golf courses; and 29. Retail sales not associated with an on site manufacturing use. Section 32. Vesting. Section 21 of this ordinance shall not apply to any project which submitted a completed building permit application prior to the effective date of this ordinance. .f3.220, a public hearing will be held on or before April 12, 2010 for the purpose of adopting findings and conclusions in support of the provisions of this ordinance. Section 4. Duration. The moratorium imposed hereunder shall be in effect until October 5. 2010, August 16, 2010unless extended by the City Council, pursuant to State law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid, unconstitutional or unenforceable for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Declaration of Emcrg-e ey Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W. \Word Processing \Ordinances \M1C Moratorium Amend.docx JP:ksn 3/30/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 4 of 4 41 4 A 2 2 Ct CJ ca 1—