HomeMy WebLinkAboutOrd 2565 - Renew Moratorium on Certain Uses in Tukwila International Boulevard Study AreaCitv of Tukwila
Washington
Ordinance No.
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 Zoning Code to comply with
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 owners and operators of three crime -infested motels pleaded guilty
and were sentenced 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
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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;
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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.
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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.
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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 CITr)LQF TUKWILA, WASHINGTON,
ata Regular Meeting thereof this ./ day of oA)(Ackij , 2018.
ATTEST AUTHENTICATED:
Christy O'Fla erty, MMC, City C
APPROVED AS TO FORM BY:
0-/(2Rachel B. Turpin, City Attorney
Filed with the City Clerk: J -/O--a
Passed by the City Council: I
Published: (4-4-1P
Effective Date: P L.121v) e7
Ordinance Number:
Exhibit A — Map of Tukwila International Boulevard (TIB) Study Area
Exhibit B — Tukwila International Boulevard (TIB) Neighborhood Plan 2017 Work Program
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Exhibit A
Tukwila International Boulevard (TIB) study area
Exhibit B
Tukwila International Boulevard (TIB) Neighborhood PIan
2017 — 2018 Work Program
Work completed 1st and 2nd Quarters IOI7
• CNU Legacy Workshop in Tukwila — February
• CNU Final Report PresentatiQn to City CoCinciI Meeting May
• Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic analysis
on the street modification
• Se|ectedaconsu|tantforthe�EPAa^na| the proposed TIB Plan
Contracted for additional transportation professional services on design standards forTIB
neighborhood street standards
Work Completed _3rd and 4th Quarters 2017
�
Briefed Transportation and Infrastructure Committee (11/14/17) on traffic analysis and
associated capital improvement costs and obtained direction for additional analysis
°
Reviewed draft Land Use Chart and Zoning Map amendments with 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
*
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
w
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 — 3 -4th quarter 2018
•
•
°
Conduct community outreach to property owners, businesses, and residents
Issue SEPA Determination
Planning Commission public hearing & review of TIB zoning code & development standard
revisions
City Council work sessions; public heaadoption of TIB zoning code & development
standard revisions
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Products:
Exhibit B
• Comprehensive PIan Map Amendment
• Zoning Code and Map Amendment
• Environmental Checklist and Determination
• Infrastructure Design and Construction Standards amendments
• Capital Improvement Program Project(s)
• TIB retrofit Design Plan
Page 2 of 2
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2565.
On January 16, 2018 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2565: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: January 22, 2018