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Home My WebLink AboutCOW 2018-11-26 Item 4A - Ordinance - Renew Moratorium within Tukwila International Boulevard Study AreaCOUNCIL AGENDA SYNOPSIS Alec/log Date Prepared by illayari reviea) Council review 11/26/18 mcb 12/03/18 mcb ITEM INFORMATION ITEM No. 3 & 4.A. SlAI,I, SPONSOR: MOIRA BRADSHAW ORIGINAL AGENDA DATE: 11/26/18 AGIN') \ILIA TI 11,1, An ordinance renewing the moratorium on certain Boulevard (TIB) study area. uses in the Tukwila International C \ I EGO1 ' 0 Discu,,,,zon 11/26/18 E 11.1/g illation Date [ Resolution Allg Date a Ordinan,e El Bid Award Altg Date Public Heariq, E Other AN Date Akg Date AN Date 12/03/18 AN Date 11/26/18 SP 12. Council 1.layar _17incrn FireLI 1 LI PR Le LI 131Court HR IIDCD SPoNsoir s On 7/17/17 the City Council adopted an emergency 6-month moratorium to prevent the Summ \RA' development of certain uses in the TIB neighborhood. After public hearings, the moratorium has been renewed on 1/16/18 and on 7/2/18. Another 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 11/26/18 to take public testimony and consider adopting further findings and forward to Council 12/3/18 meeting for adoption. RI \ II WED P C:O.W. Mtg. Trans &Infrastructure DATE: 11/14/18 CDN Comm E Finance Comm. [1] Public Safety Comm, E Parks Comm, El Planning Comm. COMMITTEE CHAIR: KRULLER ,krts Comm. RECOMMENDATIONS: SPoNsoR/ADmIN* COMNIITI Department of Community Development IT; COST IMPACT / FUND SOURCE ExPi,,NDI I URI RI QUIRI D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $0 $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 7 7/ 7 Passed Ordinance 2543 enacting the 6 month moratorium 9/5/17 Held a public hearing 1/16/18 Passed Ordinance 2565 renewing the 6 month moratorium 7/2/18 Passed Ordinance 2579 renewing the 6 month moratorium MTG. DATE ATTACHMENTS 11/26/18 Informational e orandum dated11/7/18 Draft Ordinance renewing Moratorium, ith Exhibits Minutes from the 11/14/18 CDN Committee meeting 12/3/18 1 2 City 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. 3 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 4 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 W: Word Processing\Ordinances\Moratorium renewed in TIB study area 11-2-18 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 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 W: Word Processing\Ordinances\Moratorium renewed in TIB study area 11-2-18 MB:bjs 6 Page 2 of 5 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 W: Word Processing \Ordinances \Moratorium renewed in TIB study area 11-2-18 MB:bjs Page 3 of 5 7 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. W: Word Processing \Ordinances \Moratorium renewed in TIB study area 11-2-18 MB:bjs 8 Page 4 of 5 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 W: Word Processing\Ordinances\Moratorium renewed in TIB study area 11-2-18 MB:bjs Page 5 of 5 9 10 e Foot Acres Exhibit A Tukwila International Boulevard (TIB) study area 1 1 12 Exhibit B Tukwila International Boulevard (TIB) Neighborhood Plan 2017-2DI9Work Program Work Completed lstand 2ndQuarter ZO17 ° CNULegacyVVorkshopinTukyvUa—Fgbruary ° CNUFinal Report Presentation toCity Council Meeting May • Refined household and employment Yr. 2031 forecasts forTIB neighborhood for traffic analysis on the street modification ° Selected aconsultant for the SEPAanalysis ofthe proposed T|BPlan " Contracted for additional transportation professional services on design standards forT|B neighborhood street standards Work Completed —3pdand 4thQuarter ZOl7 ° Reviewed draft Land Use Chart and Zoning Map amendments with Planning Commission — August 24,I017 ° Briefed T|BA[onabove draft amendments — October IU'3OI7 ° Briefed Transportation and Infrastructure Committee (11/14/17) on traffic 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 Work Program —lsand 2ndQuarter ZOlD • 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. OnHold — pending work program/schedule from Public Works 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 TIB circulation network map Work Program —3rdand 4thQuarter Z0lO ° TIC and CDN reviewed T|B retrofit 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. m DRAFT TlBzoning code revisions circulated tVstaff for internal review ° Contract for additional T|B rechanne|izadon analysis and mitigation options. ° Revise and update the T|BDesign Manual Page I of 2 13 Exhibit B Work Program 1st Ouarter30I9 ° Council decision on renewing moratorium on certain uses in theT|B study area ° TIC and CDNreview ofadditional T|Brechanne|izationanalysis • Council direction onT|Brechanne|jzation ° Draft Environmental Checklist (SEPA) ° Issue SEPADetermination ° Outreach toproperty owner, resident and development community Work Program —Zndand 3rdQuarter 2Ol9 • 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 toCity Council Page 2 of 2 14 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes November 14, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kate Kruller, Chair; Kathy Hougardy, Zak Idan Staff: Jack Pace, Lynn Miranda, Mia Navarro, Laurel Humphrey CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Proposed Federal "Public Charge" Rule Staff is Council direction on submitting formal opposition to a new proposed Federal rule titled "Inadmissibility on Public Charge Grounds." This rule seeks to strengthen existing language ensuring that immigrants will be self-sufficient and not dependent on public benefits, but in practice would negatively impact immigrant families in the community. Immigrants applying for entry and non-immigrant visitors seeking to extend their stay or change their status would be evaluated on whether they would have to rely on public benefits. If yes, they would be denied admission or extension. The proposed rule would negatively impact families that are trying to reunited as well as immigrant families that are already here and may be discouraged from applying for needed benefits. The public comment period ends December 10th, 2018. Committee members discussed the proposed rule and expressed unanimous support for the city to formally provide comment in opposition. Chair Kruller shared that the Tukwila Pantry experienced a decline in participation due to immigrant families fearing the consequences of a rule like this. She asked if other cities are submitting comments and offered to engage the Sound Cities Association Public Issues Committee. Staff will modify the draft comment by adding language about the Tukwila Pantry. Chair Kruller also requested that staff reach out to Senators Cantwell and Murray. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26, 2018 COMMITTEE FO THE WHOLE. A. Ordinance: Moratorium within the Tukwila International Boulevard Study Area Staff is seeking Council approval to renew the existing moratorium in the Tukwila International Boulevard study area which is set to expire on January 10, 2019. Doing so will allow maintenance of the land use status quo until the City completes its review and adoption of zoning code changes that will reflect the Comprehensive Plan's vision and recommendations from the Congress for New Urbanism. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 26, 2018 COMMITTEE OF THE WHOLE. Adjourned 6:04 p.m. Committee Chair Approval 15