Loading...
HomeMy WebLinkAboutOrd 2280 - Moratorium on Preservation of Industrial Land within Manufacturing Industrial CenterCity of Tukwila Washington Ordinance No. 2280 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 CENTER; ESTABLISHING A SIX MONTH MORATORIUM ON THE ACCEPTANCE 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; ADOPTING FINDINGS OF FACT SUPPORTING THE ESTABLISHMENT OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; 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 Duwamish 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 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 W: \Word Processing \Ordinances \MIC Moratorium Amend.docx JP:ksn 3/30/2010 Page 1 of 4 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 four 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 uses 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 public input on the issues outlined in the scope 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 required 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; NOW THERFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 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 2. Moratorium Imposed. The City hereby imposes a moratorium upon the acceptance and issuance of land use applications (except rezone and comprehensive plan amendments), building and development permits, business licenses and/ or W: \Word Processing \Ordinances \MIC Moratorium Amend.docx JP:ksn 3/30/2010 Page 2 of 4 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; 12. Art galleries; 13. Motels; 14. Stand -alone offices not associated with other permitted uses listed under TMC 18.36.020 and TMC 18.38.020. 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; 26. Sports fields; 27. Community centers; 28. Golf courses; and 29. Retail sales not associated with an on site manufacturing use. W: \Word Processing \Ordinances \MIC Moratorium Amend.docx JP:ksn 3/30/2010 Page 3 of 4 Section 3. Vesting. Section 2 of this ordinance shall not apply to any project which submitted a completed building permit application prior to the effective date of this ordinance. Section 4. Duration. The moratorium imposed hereunder shall be in effect until October 5, 2010, unless 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. 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 5 7H day of L 2010. ATTEST/ AUTHENTICATED: ivdp F Christy O'Flaherty, CMC, City APPROVED AS TO F BY: a Office of the ity Attorney W: \Word Processing \Ordinances \MIC Moratorium Amend.docx JP:ksn 3/30/2010 agger ayor Filed with the City Clerk: Lis Passed by the City Council: LI clap Published: �1 e j Effective Date: Li -5- I Ordinance Number: 0 Page 4 of 4 SUMMARY OF Ordinance No. 2280 City of Tukwila, Washington On April 5, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2280, the main points of which are summarized by its title as follows: 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 CENTER; ESTABLISHING A SIX MONTH MORATORIUM ON THE ACCEPTANCE 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; ADOPTING FINDINGS OF FACT SUPPORTING THE ESTABLISHMENT OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on April 5, 2010. to (9 7 Christy O'Flahe CMC, City Clerk Published Seattle Times: April 8, 2010.