HomeMy WebLinkAboutCDN 2018-11-14 Item 2B - Ordinance - Renew Moratorium within Tukwila International Boulevard Study AreaCity of Tukwila
Allan Ekberg, Mayor
INFOR ATIONAL E ORANDU
To: Tukwila City Council
From: Jack Pace, Director Community Development
By: Moira Bradshaw and Lynn Miranda, Senior Planners
Copy: Mayor Ekberg
Date: 7 November 2018
Subject: Renewing the Tukwila International Boulevard (TIB) Study Area
Moratorium
Issue
Without renewal of the existing moratorium, development, and redevelopment in the TIB
study area can proceed during the process of updating the planning area's regulations and
could be contrary to the Comprehensive Plan's vision and preliminary recommendations
from the Congress for New Urbanism's (CNU) TIB Rising workshop. The current moratorium
is scheduled to expire on January 10, 2019.
Background
The City kicked off its update of the Tukwila International Boulevard (TIB) sub -area plan with the
TIB Rising/CNU community workshop in 2017. That workshop resulted in a CNU final report
that recommends revisions to permitted uses, building placement and heights, and a future
cross-section for TIB. Those preliminary recommendations are being analyzed and
incorporated into draft public review documents.
Development or redevelopment per currently adopted standards could potentially be
inconsistent with the community's vision for a denser and more walkable neighborhood.
Current Zoning Code standards were adopted prior to the 2015 update of the Comprehensive
Plan. The moratorium has been in effect since July 17, 2017.
Discussion
The work schedule for staff analysis, drafting and public discussion of the draft zoning
changes is Exhibit B of the Draft Ordinance. Renewal of the moratorium for another six
months allows maintenance of the land use status quo until the community completes their
review and adoption of the zoning code changes.
Financial Impact
Potential for delayed or foregone development and loss of resulting fees and taxes.
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INFORMATIONAL MEMO
Page 2
Recommendation
To prevent development that is not in keeping with the City's 2015 adopted
Comprehensive Plan and allow full discussion of regulations appropriate to the goals
and policies for the TIB planning area, staff recommends a public hearing on November
26, 2018 and adoption of the attached draft moratorium at the December 3, 2018 regular
meeting. The effective date of the ordinance will be January 9, 2019, the day before the
current moratorium expires.
Attachments
A. Draft moratorium
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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; 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 contains retailers of 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 only be allowed with conditions; and
WHEREAS, the owners and operators of three crime -infested motels pleaded
guilty to conspiracy to maintain drug involved premises; and when the three adjacent
hotel, motel and extended stay facilities within the TIB Study Area were closed, the
violent crime rate in the TIB Study Area 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 TIB 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 the TIB
Study Area generate higher than typical rates of crime; and
WHEREAS, the City of Tukwila spent millions of dollars purchasing four motel
sites and demolishing those developments; and
WHEREAS, 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 Program, 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 was set to expire on January 16, 2018, and the neighborhood
planning process was not yet completed; and
WHEREAS, on January 8, 2018, the Tukwila City Council held a public hearing on
an ordinance renewing the six-month moratorium on certain types of new or expanded
land uses and on January 16, 2018 adopted Ordinance No. 2565; and
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WHEREAS, on June 25, 2018, the Tukwila City Council held a public hearing on
an ordinance renewing the six-month moratorium on certain types of new or expanded
land uses and on July 2, 2018 adopted Ordinance No. 2579; and
WHEREAS, the moratorium on the development of certain types of new or
expanded land uses is set to expire on January 10, 2019, and the neighborhood
planning process is not yet completed; and
WHEREAS, clarification has been added regarding business license renewals;
and
WHEREAS, a public hearing on this proposed ordinance was held on November
26, 2018; 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;
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 Tukwila International Boulevard ("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. Nothing in this moratorium shall prevent an existing
business from renewing their business license. 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 the purposes of
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
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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.
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 effective date
specified within this ordinance 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.
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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 November 26,
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. 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.
Section 8. 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 9. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City and shall take effect and be in full force
January 9, 2019.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2018
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Exhibit A — Map of Tukwila International Boulevard (TIB) Study Area
Exhibit B — Tukwila International Boulevard (TIB) Neighborhood Plan
2017 - 2019 Work Program
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Square Foot Acres
2,897,544
3,706,035
1,072,033
1,401,361
3,020,421
Exhibit A
Tukwila International Boulevard (TIB) study area
;4,40,11r
13
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Tukwila International Boulevard (TIB)Neighborhood Plan
Work Completed 1st and ZndQuarter 2017
• [NULegacyVVorkshopinTukwila—February
• [NUFinal Report Presentation toCity Council Meeting May
° Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic analysis on
the street modification
° Selected oconsultant for the SEPAanalysis ofthe proposed T|BPlan
° Contracted for additional transportation professional services on design standards for TIB
neighborhood street standards
Work Completed —3[dand 4thQuarter 2D17
• Reviewed draft Land Use Chart and Zoning Map amendments with Planning Commission —
August 24, 2017
• Briefed T|BAConabove draft amendments — October 10'2O17
• Briefed Transportation and Infrastructure Committee (Il/14/17)nntraffic analysis and associated
capital improvement costs and obtained direction for additional analysis
° Reviewed consultant's draft street circulation improvements
° Contracted for an update to the Tukwila International Boulevard Design Manual
VVorkProgram—ls and 2ndQuarter ZOIQ
° Contracted for additional engineering services analyzing TIB rechannelization impacts and cost
- Began creation and modification of alternative Zoning District boundaries and zoning standards
based upon Planning Commission land use discussion, street designations and designs
• Drafted new street cross -sections for TIB streets and a new circulation network based on CNU
engineering consultant recommendations and anticipated land uses
° Council extended moratorium oncertain uses inthe T|Bstudy area.
" On Hold — pending work program/schedule from Public VVnrk* Department on:
o Engineering options and costs for TIB rechannelization and impacts to the community vision for
TIB, Transportation Committee review, and community outreach and involvement
o Interdepartmental collaboration on new street cross -sections and new T|8circulation network
map
Work Program —3rdand 4thQuarter IO18
° TIC and CDN reviewed TlBretrofit analysis
° Updated Council on current direction and schedule for implementing TIB zoning changes and
possible TIB rechannelization options. Recommended further analysis of TIB rechannelization
options.
° DRAFT T|Bzoning code revisions circulated tostaff for internal review
° Contract for additional TIB rechannelization analysis and mitigation options.
• Revise and update the T|8Design Manual
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Exhibit B
Work Program 1st Quarter ZOl9
* Council decision onrenewing moratorium oncertain uses inthe T|Bstudy area
" TIC and CDNreview ofadditional T|8rechanne|izationanalysis
= Council direction onT|Brechonnc|ization
~ Draft Environmental Checklist (SEPA)
• Issue SEPADetermination
~ Outreach tnproperty owner, resident and development community
Work Program —2ndand 3rdQuarter 2019
° Planning Commission and City Council joint work session on proposed Zoning Code changes
° Planning Commission public hearing and deliberation on TIB zoning changes and map amendments
* Transmittal ofPlanning Commission recommendation tnCity Council
° C.O.W. Public Hearing, review, and discussion of Planning Commission recommendation
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