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HomeMy WebLinkAboutCDN 2019-05-14 Item 2B - Ordinance - Renew Moratorium wihtin Tukwila International Boulevard Study AreaDepartment of Co munity Development - Jack Pace, Director To From: By: Date: Subject: Background Mayor and City Council Jack Pace, Community Development Department Director Lynn Miranda and Moira Bradshaw, Senior Planners May 7, 2019 TIB Neighborhood Plan update Allan Ekberg, Mayor A key goal of the Comprehensive Plan's Tukwila International Boulevard (TIB) Element is to transition TIB from a regional -serving highway to a "main street" that serves the neighborhood and improves safety. Implementation of the Comprehensive Plan started in August 2016 with the application to Congress for New Urbanism (CNU) to be a Legacy Project. The City's proposal was accepted and a workshop was held in February 2017. CNU's final report and recommendations were given to the City Council in May 2017 and included a discussion of the role of on -street parking in setting the main street character and development parameters for the neighborhood (see Attachment A). Work revising the development regulations, zoning districts, and design manual for TIB and making TIB a "complete street" began in June 2017. In April 2019, the City approved a contract with KPG to produce street design alternatives, vehicular traffic mitigation, and costs for adding on -street parking to TIB. In the interim, a moratorium on auto -oriented uses and hotels and motels was first adopted in July 2017 and has been extended since then. Discussion Main street field trip Changes to TIB's streetscape is an important piece in the CNU recommendations for transitioning to a "main street", and staff are evaluating the costs benefits of various on - street parking alternatives and mitigation measures. An evaluation will be completed in August. To support the City Council and community's decision related to on -street parking and bicycle infrastructure to TIB, staffwould like to organize a field trip to places in the region that provide examples of the options that will be considered. Inclusion of the Planning Commission is also recommended because of their land use advisory role for the City. Moratorium The current moratorium is set to expire on July 9, 2019. Staff believes that the moratorium should be extended to allow for discussion on options, mitigation, budget and on the timeline for the street improvements and the coordinated Zoning Code update. 31 INFORMATIONAL MEMO Page 2 Interim modifications to the existing Zoning Code permitted uses related to auto - oriented uses and hotel, motels, and extended stays can be taken to the Planning Commission for a hearing and recommendation, which would cancel the need for further extensions of the moratorium. The Planning Commission's recommendation can be brought to the City Council for a decision prior to the sunset of the current moratorium. Next Steps Staff will coordinate the tour dates and agenda through Laurel Humphrey, Legislative analyst. Recommendation 1. Forward the draft moratorium extension ordinance to the COW for a public hearing; and 2. Forward to the Planning Commission a request for Zoning Code land use modifications related to auto -oriented uses and hotels, motels and extended stays in the TIB neighborhood. Attachment: A. Excerpt from TIB Legacy Project Implementing the Vision, 17 April 2017 https://tukwilawa.sharepointcom/sites/departmentoicommunitydevelopment/DCDPIanning/Long Range Planning/TIB Plan/Council_PC memos/Draft 2019 City Council memo.docx 32 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 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 to conspiracy to maintain drug involved premises, and when the three motels and an adjacent motel within the TIB Study Area were closed, the violent crime rate in the Study Area was cut nearly in half; and W: Legislative Development\Moratorium renewed in TIB study area 5-7-19 MB:bjs Review and analysis by Barbara Saxton Page 1 of 5 33 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 acquiring the three government surplus motel properties and purchasing an adjacent fourth motel site and razed the operations to better serve the public health and safety in the TIB Study Area; 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: Legislative Development\Moratorium renewed in TIB study area 5-7-19 MB:bjs Review and analysis by Barbara Saxton 34 Page 2 of 5 WHEREAS, the moratorium on the development of certain types of new or expanded land uses was set to expire on July 15, 2018, and the neighborhood planning process was not yet completed; and 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 was set to expire on January 10, 2019, and the neighborhood planning process was not yet completed; and WHEREAS, on November 26, 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 clarification regarding business license renewals was added, and on December 3, 2018 the Council adopted Ordinance No. 2595; and WHEREAS, the moratorium on the development of certain types of new or expanded land uses is set to expire on July 9, 2019, and the neighborhood planning process is not yet completed; and WHEREAS, a public hearing on this proposed ordinance was held on May 28, 2019; 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, 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. W: Legislative Development\Moratorium renewed in TIB study area 5-7-19 MB:bjs Review and analysis by Barbara Saxton Page 3 of 5 35 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 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 ofwhich 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 W: Legislative Development\Moratorium renewed in TIB study area 5-7-19 MB:bjs Review and analysis by Barbara Saxton Page 4 of 5 36 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. 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 May 28, 2019, 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 July 9, 2019. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019 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 2017-2020 Work Program W: Legislative Development\Moratorium renewed in TIB study area 5-7-19 MB:bjs Review and analysis by Barbara Saxton Page 5 of 5 37 38 Square Foot Acres 2,897,544 3,706,035 Exhibit A Tukwila International Boulevard (TIB) study area Nv;,^ ""e 0 39 40 Tukwila International Boulevard (TDB)Neighborhood Plan 2O17—|2O2OWork Program Work completed —2OI7 C0U Legacy Workshop in Tukwila —Februany. CNUFinal Report Presentation toCity Council Meeting —May. ° Refined household and employment Yr. 2031 forecasts for TIB neighborhood for traffic analysis on the street modification. • Selected aconsultant for the SEPAanalysis ofthe proposed TlBPlan. ° Contracted for additional transportation professional services on design standards for TIB neighborhood street standards. * Reviewed draft Land Use Chart and Zoning Map amendments with Planning Commission — August 24, 2017. w Briefed T|BAConabove draft amendments — October lO,3O27. * 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 completed —2Ol8 • Contracted for additional engineering services analyzing TIB on -street parking 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. w 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. w Updated Council on current direction and schedule for implementing TIB zoning changes and possible T|Bon-street parking options. Recommended further analysis ofT|8on-street parking options. * Consultants delivered draft T|Bzoning code revisions and draft Vfupdated T|BDesign Manual to staff. * Circulate draft zoning revisions for internal review. Work program —2O19 • Contract for additional TIB on -street parking analysis and mitigation options. • Revise and update the T0Design Manual. • Council decision on renewing moratorium on certain uses in the TIB study area. • Possible Planning Commission and City Council Field Trip to view on -street parking options. • Planning Commission hearing and recommendation oninterim Zoning Code changes 10auto- oriented andhOfe|/mote|uses. * City Council hearing and decision oointerim Zoning Code changes for T|B. Page 1 of 2 41 Tukwila International Boulevard OlB>Neighborhood Plan Work program —Z02O p Bring additional T|Danalysis back tnTransportation & Infrastructure Committeeand[ommunity Development and Neighborhoods Committee. * Council decision onT|Bon-street parking and bike lane. w Draft Environmental Checklist (SEPA). • Issue SEPADetermination. • Finalize draft TIB review Zoning Code and Design Manual changes for public review. w Outreach to property owner, resident and development community. • City Council/Planning Commission joint work sessions. * Planning Commission and City Council public hearings and deliberation on TIB zoning changes and map amendments. Products: ~ Comprehensive Plan Map Amendment. • Zoning Code and Map Amendments. * T|B Design Manual. w Environmental Checklist and Determination. • On Hold — pending work program/schedule from Public Works Department on: o Infrastructure Design and Construction Standards amendments o Capital Improvement Program for neighborhood Page 2 of 2 42 Attachment A 43 44 CNU LEGACY PROJECT 17 APRIL 2017 Implementing the Vision BOULEVARD 45 Boulevard Improvements The evolution of TIB into a walkable main street may begin with two im- mediate changes. The first is restriping the Boulevard from a five lane road into a three lane street. This includes the addition of new crosswalks and a protected bike lane (See page 32 for details). The second step is a change to the zoning ordinance to assure develop- ment will implement the vision. This change includes permitting greater diversity and capacity of uses while allowing incremental development in the short term (See page 42 for de- tails). CNU LEGACY PROJECT 30 31 IMPLEMENTATION Short term steps for implementation include re -striping the Boulevard and amending the zoning. RESTRIPING PLAN The initial step in the TIB evolution is a restriping plan for the Boulevard. Traffic studies must be done in ad- vance of the work, but a schematic plan was developed during the work- shop, shown on the next pages. Some parts of TIB have distances as great as 2,500' without a crosswalk. This distance provides a dangerous enviroment where residents cross midblock with no protection. To build a robust main street environment, pedestrians must be able to easily cross the street to access shops on the other side. In addition to cross- walks, new RRFBs are recommended, A RRFB is an amber -colored flash- ing light (LED) that is activated by a Image Credit: City of Bloomington, Indiana pedestrian before using a crosswalk. The purpose of an RRFB is to increase vehicle yielding at crosswalks. RRFBs are attached to pedestrian crossing warning signs, and are also accompa- nied by piano key crosswalks and ad- vance yield makings. The beacons are usually solar powered, and flash us- ing an irregular patten that is similar to emergency vehicle flashers on po- lice vehicles. KEY Existing signal + crosswalk 0 Existing RRFB CUU LFGACI PROJECT Riverton Heights :ud Ave s I :GLII St Rt.F. 8-Y swa 1k S 137Io SI 5 1;vx1 St Soo TO J oht �iltu.ail.7 mn cl.a (City of SeaTac, King County, BLM, ESRI, Garmin, USGS, EPA, USDA) 32 33 S 1591 S 14.110 SI TOSITT S TEOill Yt ram 5 ISJ1I1 51, \` The plan to the right shows a change from 5 lanes to 3 lanes beginning with S. 139'h Street in the north to 5. 152^d Street at the southern end. The new street section New crosswalk is illustrated above, as compared to the existing condi- tions in the upper right image. New RRFB In addition to the restriping, new pedestrian crosswalks and signals should be added. New RRFBs should be lo- Restriping area cated at S.141 ST Street and S. 146'h Street. New crosswalks should be added at S. 142nd, S. 148Lh, S. 150'h, and each New streets new east west street as they are developed over time as shown on the plan to the right. To assure local traffic is managed well, provide additional development opportunities, and create a bicycle and pe- destrian network, new streets should be added to pro- vide multiple routes north/south and east/west. KEY TUK ILA (©Microsoft 2017) CNU LEGACY PROJECT seu cen L=�T-L,3ht Itt (City of seaToc, King County, BLM, ESRI, Garmin, USGS, EPA, USDA) 34 35