HomeMy WebLinkAboutOrd 2606 - 6-Month Moratorium within Tukwila International Boulevard Study Area on Development of Certain Usesrdinance
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
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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 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
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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.
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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 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
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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 (evu Q. , 2019
ATTEST/AUTHENTICATED:
7
Chris y O'FIherty, MMC, City uerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
,
Filed with the City Clerk: 5
Passed by the City Council: 9
Effective Date: r Sor'r;
Ordinance Number: '40 a 6'
Published:
Exhibit A — Map of Tukwila International Boulevard (TIB) Study Area
Exhibit B —Tukwila International Boulevard (TIB) Neighborhood Plan 2017-2020 Work Program
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Zoning Square Foot Acres Area Acres
_
_____ _ ___
1408._ ,, 2,897,544 __ 67
_
-, LDR 3,706,035 85
1,072,033 ' 25 L
1,4Q1,361
,020,421
Exhibit A
Tukwila International Boulevard (TIB) study area
04r ,
'114,
$0.
Tukwila International Boulevard (DQ)Neighborhood Plan
Work completed —ZOI7
� [NULegacy Workshop inTukwila —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 aconsultant for the SEpAanalysis ofthe proposed T|BPlan.
= 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 Z4,ZO17.
~ Briefed T|BACnnabove draft amendments — October 1Q,Z017.
* Briefed Transportation and Infrastructure Committee (11/14/17) on traffic analysis and associated
capita/ 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 —3Ol8
• 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.
• 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 oUcertain uses inthe T|8study area.
m Updated Council on current direction and schedule for implementing TIB zoning changes and
possible TIB on -street parking options. Recommended further analysis of TIB on -street parking
options.
• Consultants delivered draft TIB zoning code revisions and draft of updated TIB Design Manual to
staff.
0 Circulate draft zoning revisions for internal review.
Work program —2Ol9
• Contract for additional TIB on -street parking analysis and mitigation options.
• Revise and update the T|BDesign 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.
w Planning Commission hearing and recommendation oninterim Zoning Code changes toauto-
oriented and hote|/mote|uses
* City Council hearing and decision nninterim Zoning Code changes for T/B.
Page 1 of 2
Tukwila International Boulevard (TIB)Neighborhood Plan
Work program —202O
w Bring additional TIB analysis back to Transportation & Infrastructure Committee and Community
Development and Neighborhoods Committee.
* Council decision onT|Bon-street parking and bike lane.
^ Draft Environmental Checklist (SEP4).
• Issue SEPADetermination.
• Finalize draft TIB review Zoning Code and Design Manual changes for public review.
m Outreach toproperty 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|8Design 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
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2606.
On June 3, 2019 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 2606: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: June 6, 2019