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HomeMy WebLinkAboutCOW 2018-01-08 Item 3 - Public Hearing - Ordinance Renewing 6-Month Moratorium on Certain Uses in Tukwila International Boulevard Study AreaCO UNCIL AGENDA SYNOPSIS ---Izitia Meeting Date Prepared by il%layor''s review ' C ottnc / reuiew 07/17/17 mcb on 1/8/18 09/05/17 mcb ® Ordinance Dae 1/16/18 ❑ Bid Award Mig Date ©1/©8/18 mcb ►1 Pab/i•.Hearing ANDate 01./16/18 mcb SPONSC)12'S On 7/17/17 the City Council adopted an emergency moratorium to prevent the S1TMM,\RY development of new hotels, motels, extended stay facilites, or auto -oriented uses in the TIB neighborhood. A renewal is proposed because the moratorium will expire before the completion of the TIB Neighborhood Plan and Zoning update. A public hearing will be held on 1/8/18 for the moratorium extension, to take public testimony and consider adopting further findings and forward to 1/16/18 for ado tion. 1'111\\'i?I) BY ❑ C,O.\V. Mtg. CDN Comm Ell Finance Comm. E Public Safety Comm. [1] Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMIYI'EE CHAIR: ITEM NFORMATION ITEM No. 3 &4.A. 1 NSC)R: MOIRA BRADSHAW 0 I;N1).\ Di' 71: 7117/17 l\(31 ND<1 I1"1:M Ti iii: An ordinance renewing the moratorium on certain uses in Boulevard (TIB) study area. the Tukwila International on 1/8/18 ❑ Motion 1111 Date [ Resolution ANDate ® Ordinance Dae 1/16/18 ❑ Bid Award Mig Date ❑ Other Date Cxl`I"I{aGOItY RI DiJGwrs ►1 Pab/i•.Hearing ANDate Mto Date 1/8/18 S1ONSOR QC'oancil QAIayor ❑IIR ►1DC;D ❑.I'`nanc'e .I°ire [TS ❑P ❑Police �]I'IY' �]Cour7 SPONSC)12'S On 7/17/17 the City Council adopted an emergency moratorium to prevent the S1TMM,\RY development of new hotels, motels, extended stay facilites, or auto -oriented uses in the TIB neighborhood. A renewal is proposed because the moratorium will expire before the completion of the TIB Neighborhood Plan and Zoning update. A public hearing will be held on 1/8/18 for the moratorium extension, to take public testimony and consider adopting further findings and forward to 1/16/18 for ado tion. 1'111\\'i?I) BY ❑ C,O.\V. Mtg. CDN Comm Ell Finance Comm. E Public Safety Comm. [1] Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: N/A COMMIYI'EE CHAIR: RECOMMENDATIONS SPONSOR/ Al) Comm' N Department of Community Development iv None - emergency action COST IMPACT / FUND SOURCE FXPUNL)ITURF: RF.QUIRt I) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ Fund Source: Comments: Work plan for study of the TIB area has already been budgeted and scheduled. MTG. DATE RECORD OF COUNCIL ACTION 7/1,7/17 Passed Ordinance 2543 enacting the 6 month moratorium and scheduling a public 9/5/17 Held a Public Hearing 1/8/18 MTG. DATE ATTACHMENTS 1/8/18 Informational Memorandum dated 1/03/18 Draft Ordinance renewing Moratorium, with attachments 1/16/18 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM To: Tukwila City Council From: Jack Pace, Director Community Development By: Moira Bradshaw and Lynn Miranda, Senior Planners Copy: Mayor Ekberg Date: January 3, 2018 Subject Tukwila International Boulevard (TIB) Study Area Moratorium Renewa issue The existing six-month moratorium on development in the TIB study area is set to expire and should be renewed. Without a moratorium, development and redevelopment in the TIB study area may occur that is contrary to the Comprehensive Plan's vision and preliminary recommendations from the Congress for New Urbanism (CNU) TIB Rising workshop. The City is in the process of updating the Plan for the area including the land use regulations. Background The City kicked off its implementation of the TIB District Element of the Comprehensive Plan with the TIB Rising/Congress for New Urbanism (CNU) community workshop in February 2017, The workshop resulted in a CNU final report that recommends revisions to permitted uses, building placement and heights, and a revised cross-section for TIB. Those preliminary recommendations are currently being analyzed by staff and incorporated into draft public review and implementation documents. Discussion 1. Current Zoning Code regulations were adopted prior to the 2015 update of the Comprehensive Plan and prior to a regional location decision to place a transit facility within the neighborhood. Development or redevelopment pursuant to currently adopted standards could potentially be inconsistent with the community's vision for a more dense and walkable neighborhood and for streetscapes with active building facades. 2, Part of the reconfiguration of the neighborhood includes making complimentary changes to street design, which means reconfiguring Tukwila International Boulevard. Understanding the vehicular traffic impacts and costs of the changes are critical, and the land use decisions are dependent on those choices. 3. Due to serious crime, the Federal Government seized three motels in the study area and the City subsequently purchased and demolished them to reduce crime and improve public safety. A six-month moratorium on the types of uses that are inconsistent with the adopted goals and polices for TIB was adopted on July 17, 2017. A public hearing was held on September 5, 2017 and the Council heard from one resident who asked questions about existing uses and property sales. The Council reaffirmed the finding of fact from the Ordinance. Uses affected by the moratorium include hotels, motels, extend -stay facilities, and auto -oriented commercial uses 3 INFORMATIONAL MEMO Page 2 including but not limited to gas stations; battery, tire, engine body cepa or rentals; and commercial parking. The planning process for the TIB neighborhood is not yet complete, although progress has been made on drafting revisions to development standards and analyzing potential impacts from retrofitting the Boulevard. The work schedule for completing staff analysis, drafting documents, and public review and discussion is anticipated to take a year (see Exhibit B of the ordinance). Extending the moratorium allows the City time to develop regulations to carry out the vision for the TIB study area. Financial Impact Potential for delayed development, development that doesn't occur, and the loss of permitting fees and taxes. Recommendation To prevent development that is not in keeping with the City's 2015 adopted Comprehensive Plan vision and CNU recommendations, to protect public safety, and to allow full discussion of the relationship between street design and land use regulations appropriate to the goals and policies for the TIB study area, staffrecommends holding a public hearing on January 8, 2018 and adoption of the attached ordinance on January 16, 2018. Attachment Draft Ordinance, with attachments 4 Z:\Council Agenda Jtems\DCD\Moratorimextension memo#inal.doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX-MONTH MORATORIUM WITHIN THE TUKWILA INTERNATIONAL BOULEVARD STUDY AREA IN THE CITY OF TUKWILA ON THE DEVELOPMENT OF CERTAIN USES SUCH AS HOTELS, MOTELS, EXTENDED -STAY FACILITIES, OR AUTO -ORIENTED USES; SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM RENEWAL, PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has adopted a Comprehensive Plan in compliance with the Growth Management Act; and WHEREAS, the City of Tukwila is currently updating its adopted Comprehensive Plan; and WHEREAS, the Tukwila International Boulevard ("TIB") study area, shown on Exhibit A, is a neighborhood that orients towards TIB, and comprises goods and services as well as higher density housing; and the study area is generally bounded by 42nd Avenue South on the east; South 160th Street on the south; International Boulevard, Military Road, and a stepped edge that follows the boundary of the multi- family zoning districts up to the Mixed Use Office District at approximately South 133rd Street on the north; and WHEREAS, within the existing Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zoning districts there are certain uses that in the future may not be allowed or may be allowed with conditions; and WHEREAS, the United States Department of Justice sentenced the owner and operator of one of three crime -infested motels for conspiracy to maintain drug involved premises, and when the three adjacent hotel, motel and extended stay facilities within the study area were closed, the violent crime rate in the study areas was cut nearly in half; and the City of Tukwila acquired those government surplus properties and razed the operations to better serve the public health and safety in the study area; and W: Word Processing\Ordinances\Moratorium renewed in TIB study area 12-27-17 MB:bjs Page 1 of 5 5 WHEREAS, the City of Tukwila finds that hotels, motels, and extended -stay hotels and motels (hereafter, collectively referred to as "extended -stay facilities") in this study area generate higher than typical rates of crime and the City of Tukwila spent millions of dollars purchasing four motel sites and demolishing those developments; and WHEREAS, in addition, the Comprehensive Plan goals and policies for the TIB study area are to create a pedestrian oriented, walkable destination, and auto -oriented services, uses and developments are not in keeping with those goals and policies; and WHEREAS, the City of Tukwila is in the process of updating its land use regulations to comply with the goals and policies of its adopted Comprehensive Plan for the TIB study area and has budgeted for a work plan, shown on Exhibit B, to address the changes that will bring consistency between the City's Comprehensive Plan and Zoning Code; and WHEREAS, the City of Tukwila conducted a three-day workshop in February 2017 on the future improvements and land use regulations for the TIB study area and preliminarily determined hotels; motels; extended -stay facilities; and auto -oriented commercial uses, including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive- throughs, should be regulated differently than currently regulated; and WHEREAS, the City desires to ensure the public has many opportunities to provide input on this matter; and WHEREAS, on July 17, 2017, the Tukwila City Council adopted Ordinance No. 2543, which declared an emergency necessitating the immediate imposition of a 6 - month moratorium prohibiting within the NCC and RC zoning districts of the TIB study area in the City of Tukwila the development, expansion, intensification or establishment of any new hotel, motel, extended -stay facility, and auto -oriented commercial uses including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs; and WHEREAS, on September 5, 2017, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium; and WHEREAS, the moratorium on the development of certain types of new or expanded land uses will expire on January 16, 2018, and the neighborhood planning process is not yet completed; and WHEREAS, a public hearing on this proposed ordinance was held on January 8, 2018; and WHEREAS, the City desires to preserve the status quo for the protection of the health, safety of welfare of City residents, as it relates to development in Tukwila, until these matters are more fully considered; W: Word Processing \Orclinances\Moratorium renewed in TIB study area 12-27-17 MB:bjs 6 Page 2 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The recitals and findings set forth above are hereby adopted as the City Council's findings in support of the moratorium renewal imposed by this ordinance. Section 2. Moratorium Renewed. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City of Tukwila hereby renews a moratorium prohibiting within the NCC and RC zoning districts of the TIB study area in the City of Tukwila the development, expansion, intensification or establishment of any new hotel, motel; extended -stay facility; or auto -oriented commercial uses including, but not limited to, gas stations, car washes, vehicular repair or services, vehicular sales or rentals, vehicular storage, commercial parking, and drive-throughs. No land use approval, building permit, construction permit, occupancy permit, or other development permit or approval shall be issued for any of the uses listed above while this moratorium is in effect. Any land use approval, development permits or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void and without legal force or effect. Section 3. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Hotel" means a building, or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for transitory housing. Hotel rooms shall have their own private toilet facilities, and may or may not have their own kitchen facilities. Hotels shall not include dwelling units for permanent occupancy. A central kitchen, dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. B. "Motel" means a building or buildings or portion thereof, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities and may or may not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units for permanent occupancy. No room may be used by the same person or persons for a period exceeding 30 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care, W: Word Processing \Ordinances\Moratorium renewed in TIB study area 12-27-17 MB:bjs Page 3 of 5 7 C. "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including, but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept, used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year Extended -stay hotels or motels shall not include dwelling units for permanent occupancy. The specified units for extended -stay must conform to the required features, building code, and fire code provisions for dwelling units as set forth in the Tukwila Municipal Code. Nothing in this definition prevents an extended -stay unit from being used as a hotel or motel unit. Extended -stay hotels or motels shall be required to meet the hotel/motel parking requirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. D. "Auto -oriented commercial uses" means the use of a site for primarily the servicing, repair, rental, sales or storage of vehicles, or the servicing of people while in their vehicles such as restaurant drive-throughs. Typical uses include, but are not limited to, gas stations; battery, tire, engine body repair shops; vehicular sales or rentals lots; and commercial parking. Section 4. Effective Period for Moratorium Renewal. The moratorium renewed herein shall be in effect for a period of 6 months from the date this ordinance is passed and shall automatically expire at the conclusion of that 6 -month period unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the City Council. Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, and following adequate public notice, a public hearing was held on January 8, 2018, to take public testimony regarding the City's moratorium. Section 6. Work Program. The Director of Community Development is hereby authorized and directed to address issues related to appropriate zoning regulations within the TIB study area of hotels, motels, extended -stay facilities, and auto -oriented commercial uses in the Tukwila Municipal Code. Section 7. 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 or unconstitutional 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 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/ subsection numbering. W: Word Processing\Ordinances\Mora orium renewed in TIB study area 12-27-17 MB:bjs 8 Page 4 of 5 Section 9. Declaration of Emergency — 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 TUKVVI A, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: Exhibit A — Map of Tukwila International Boulevard (TIB) Study Area Exhibit B —Tukwila International Boulevard (TIB) Neighborhood Plan 2017 Work Program W: Word Processing \Ordinances\Moratorium renewed in TIB study area 12-27-17 Page 5 of 5 9 10 4 , L , Zoning i Square Foot Acres Area Acres HDR 2,897,544, : 3,706035 MDR 1,072,033 25 Exhibit A Tukwila International Boulevard (TIB) study area %4,gi',„444.444..,44,44,4444444.4,4, ‘,414,4444;'44 444444! 11 12 Exhibit B Tukwila International Boulevard (TIB) Neighborhood PIan 2017 — 2018 Work Program Work completed - 1st and 2nd Quarters ZOI7 • CNU Legacy Workshop in Tukwila — February = CNU Final Report Presentation to City Council Meeting - May • Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic analysis on the street modification • Selected a consultant for the SEPA analysis of the proposed TIB PIan • Contracted for additional transportation professional services on design standards for TIB neighborhood street standards Work Completed _3rj and 4th Quarters 2017 Briefed Transportation and Infrastructure Committee on traffic analysis and associated capital improvement costs and obtained direction for additional analysis � Reviewed draft Land Use Chart and Zoning Map amendmentwith Planning Commission August 24, 2017 Briefed TIBAC on above draft amendments — October 10, 2017 • Reviewed consultant's draft street circulation improvements � Contracted for an update to the Tukwila International Boulevard Design Manual Work Program =1-2"uQuarter ZOI8 � Collaborate with City emergency response and engineers on neighborhood street circulation map and standards Review CIP changes for TIB and obtain Council direction on TIB retrofit • Create/modify alternative Zoning District boundaries and zoning standards based upon street designations and designs � Circulate draft Zoning and Street Circulation Network alternatives for internal review � Draft Environmental Checklist (SEPA) Brief Planning Commission on Draft alternatives Work 'Program -]'4mquarter 2O1O = ~ Conduct community outreach to powners, businesses, and residents Issue SEPA Determination Planning Commission public hearing & review of TIB zoning code & development standard revisions City Council work sessions; public hearing, adoption of TIB zoning code & development standard revisions Page 1 of 2 13 Products: � Comprehensive PIan Map Amendment ° Zoning Codand Map Amendments • Environmental Checklist and Determination • Infrastructure Design and Construction Standards amendments � Capital Improvement Program Project(s) m TIB retrofit Design Plan Page 2of2 14 Exhibit B