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HomeMy WebLinkAboutPlanning 2020-04-23 Minutes - Auto-Oriented and Lodging Land Uses Zoning Code AmendmentDate: Time: Location: Present: Staff: Protocol: Agenda City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CITY OF TUKWILA PLANNING COMMISSION PUBLIC HEARING MINUTES April 23, 2020 6:30 PM Virtual meeting via Microsoft Teams Chair Heidi Watters; Vice Chair Louise Strander; Commissioners Dennis Martinez, Sharon Mann, Karen Simmons, Dixie Stark, and Andrea Reay Department of Community Development (DCD) Deputy Director Minnie Dhaliwal, Planning Supervisor Lynn Miranda and Planning Commission Secretary Wynetta Bivens Minnie Dhaliwal explained the protocol for the virtual meeting. She also introduced the Planning Commissioners. Planning Commission (PC) will make a recommendation and forward it to the City. Item: City Council (CC) will hold another hearing on the proposal. The public will be notified when this item goes to the CC for a public hearing and will have a second opportunity for comment. Adopt Commissioner Mann moved to adopt the February 27, 2020 minutes. Minutes: Commissioner Simmons seconded the motion. Motion passed. Chair Watters opened the public hearing for: CASE NUMBER: L20-0015 PURPOSE: Consider zoning code amendments restricting or prohibiting certain auto - oriented and lodging uses currently prohibited by Ordinance 2620, to implement the Tukwila International Boulevard (TIB) element of the Comprehensive Plan. LOCATION: Neighborhood Commercial Center (NCC) and Regional Commercial (RC) zones in the TIB study area Lynn Miranda, Planning Supervisor, DCD, gave the presentation for staff. She said the intent of the public hearing is to consider amendments to Table 18-6, Land Uses allowed by district. This will ensure that future development in the TIB area is consistent with and supports the form and type of uses that create a walkable TIB District. She stated that public notification for the public hearing was published in the Seattle Times, and 387 businesses and interested parties were emailed. Information was included in the notice on Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov PC Public Hearing 4/23/20 Page 2 how to submit public comments in writing or verbally during the meeting, and how to access the virtual meeting. She provided background and gave an overview on the TIB planning process. Since the 1990 annexation of the area, revitalization has been a high priority for the City. In 2015, the City updated the Comprehensive Plan goals and policies for the TIB area to make it more walkable and transform TIB from a regional serving road to a "Main Street" serving the neighborhood. In 2017 the City, along with the Congress for New Urbanism (CNU), held a workshop to brainstorm how to implement the new vision for TIB. CNU made two recommendations: First, add on -street parking and bike lanes on TIB. Second, update the zoning code because the current code allows for the types of uses and development standards that do not fully support or incentivize the type and form of development that creates a walkable main street. Also, in 2017 the CC adopted a six-month moratorium on auto -oriented commercial and lodging uses in the TIB study area that do not support the vision. The Council has been renewing the moratorium for the past two and one-half years. It prohibited new uses or the expansion of existing uses that do not support walkability and prevented the investment in uses that may not be allowed in the future. It also allowed staff time to establish new standards and TIB rechannel izati on designs and allowed time for public review and comment. The current moratorium will expire in July 2020. Therefore, it was necessary to have tonight's public hearing in order to stay on track before the moratorium expires. The zoning code amendments would replace the moratorium. Uses in the Neighborhood Commercial Center (NCC) and the Regional Commercial (RC) zoning districts located within the TIB study area would be affected by the amendment. Staff s Recommendations There are two options proposed for amending Table 18-6 in the zoning code. Option 1 would prohibit outright certain auto -oriented and lodging uses, which is consistent with the moratorium. Staff recommended Option 2, which modifies uses based on draft zoning code changes recommended by CNU to implement the vision. Under Option 1, most existing related uses would become a legal non -conforming use. Under Option 2, most existing related uses would remain a legal use with a potentially non -conforming structure. There are not any changes being proposed to allowable densities, heights, parking standards or other development standards affecting building size or lot design. Staff noted that if the moratorium is not renewed and the proposed zoning code amendments are not adopted, redevelopment could occur that does not support the vision. Future uses and development would continue to be the type of auto -oriented, regional development that currently exists. Staff noted they drafted and added Options 3 and 4 for recommendation for some of the land uses based on additional public comments. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 4/23/20 Page 3 Ms. Miranda answered clarifying questions for the Commission. Commissioner Stark asked what would happen if the public hearing was continued to a later date. Staff said a meeting would need to be held in May to complete the zoning code adoption process prior to the moratorium expiration date of July 9, 2020. Commissioner Reay inquired whether public outreach was sent out in different languages. Staff stated it was not. She also inquired as to the timeframe for completion of the design guidelines. Staff stated it was uncertain as it needed to follow Council's decision on adding on -street parking to TIB. Prior to the coronavirus, it was anticipated to occur before the end of the year. Chair Watters inquired as to why the PC were asked to review this item for recommendation to the CC now. Staff said a moratorium may not be renewed indefinitely. Progress must be shown. Further, CC members were not interested in renewing the moratorium, so it is time to move forward and get the zoning code adopted. Chair Watters then asked how the transit -oriented development is affected by the decision being made and additionally the walkability. Staff stated they are not being proposed at this time. Written Public Testimony Lynn Miranda read the written public comments received prior to 5 PM, 4/23/2020, from the following individuals: - Georgina Kerr, Citizen, - Expressed support as recommended by staff. - John McCullough, McCullough Hill Leary, ps. Expressed concerns with the impacts the proposed zoning changes would have on the Sterling Realty Organization (SRO) property and a potential future transit -oriented development in the RC district, and submitted two options to modify staff's proposals. - Rune Harkestad, McCullough Hill Leary, ps. He is considering purchasing a property north of the TIB Light Rail Station and expressed a desire for the City to move forward with zoning amendments that would allow transit -oriented development (TOD). - Traci Granbois, property owner Submitted two emails raising concerns regarding the necessity and timing of the public hearing and requested reconsideration to the proposed zoning changes in the RC district. Minnie Dhaliwal, Deputy Director, facilitated virtual public testimony. Virtual Public Testimony Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 4/23/20 Page 4 Whit Hamlin, property owner, SRO, located east of the Rental Car Center said they have been working with DCD for a year on a potential TOD on their property. He shared what their organization has been working on in the interim. He said they are requesting modifications to the proposed zoning code language. Adul Yusef, General Manager for Eastside for Hire, said COVID-19 has changed a lot of things and he wanted to emphasize that with the restrictions of the zoning changes, businesses may not make it after COVID-19. He said this might be the right time to renew the moratorium for six more months so discussions between the community and the PC can take place. He also requested the public hearing be cancelled, he said voices are breaking up during the virtual meeting, and they are only able to comment on two of the zoning code changes as they have not heard about Options 3 and 4. Traci Granbois, property owner, said her written public comments were read by staff, but she wanted to emphasize that the public hearing was being held in the middle of a global pandemic. She questioned how much public comment would be received tonight, and whether it was fair to Tukwila citizens. She said to the best of her knowledge she has never received a proposal on any of the changes and learned of them through other property owners. She commented on the duration of the moratorium and said the CC is warranted to not renew again because it will likely cause a lawsuit. She said part of the area recommended for rezone is across the street from the rental car facility, which will always have car usage, and suggested using a scalpel rather than a hatchet. She said there can be room for growth and new development and transit -oriented development while maintaining uses that are associated with the biggest uses in that industry. Jack McCullough, McCullough Hill Leary, said that staff read the written comments that he submitted. He said SRO had concerns regarding the impacts on their property and its ability to pursue the TOD vision. He said in order to pursue the TOD they need to be able to maintain a viable economic use on the property. He said staff presented a new addendum to the staff report, which includes an Option 3 that addresses some of the issues they raised. He said that SRO endorses staff's recommendation for Option 3. Harman Bual spoke on behalf of Dr. Sidhu who is considering building a hotel in the area. She asked if there would be legislation in the future that would allow modifications to the current height restriction so business owners would be allowed to construct a hotel in the area without requiring 100 rooms, a restaurant and a 24-hour reception if approved. She asked if amended later what would be the steps taken to modify the height restrictions and requirements. Staff said the PC will be considering development standards in the future, and height restrictions will be part of the consideration at that time. Sunny Raj, property owner, said he is planning to construct a franchise hotel, and inquired on whether there are any other standards besides requiring a 100 rooms, a restaurant and a 24-hour reception that would apply to constructing a hotel in the future. Staff said development standards will be revised in the future. There were no additional public comments. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 4/23/20 Page 5 Chair Watters gave the Commissioners the opportunity to ask clarifying questions. Commissioner Stark asked Commissioner Watters if the PC would have an opportunity to keep the public hearing open. Commissioner Reay said she was dropped from the virtual meeting and missed some of the public comments, and asked Mr. Hamlin to reiterate his comments. Mr. McCullough spoke on behalf of Mr. Hamlin, he said they were in constant communication with staff and they received an addendum to the staff report that he presumed the PC also received. He said SRO was supporting Option 3. Ms. Reay also called attention to Mr. Yusef noting in the Microsoft Teams chat bar that he never received the notice. Ms. Miranda noted that she emailed the public notice to Mr. Yusef prior to the public hearing. Chair Watters asked staff to clarify how to proceed since the addendum including Options 3 and 4 was not seen by everyone prior to the public hearing. Staff suggested leaving the public hearing open until after staff walked through the 10 proposed land use changes and explained the options for each one. The PC deliberated and the public were given an opportunity to comment. Ms. Miranda gave an overview of the following land use modifications: 1. Automobile, recreational vehicles or travel trailer or used car sales lots (no dismantling of cars or travel trailers or sale of used parts). Staff's recommendation in the PC packet was Option 2, but after receiving additional public comments they developed and recommended Option 4 as listed in the PC packet addendum (exempts all uses on properties of south SR518 from an enclosed showroom). 2. Rental of vehicles not requiring a commercial driver's license. Staff's recommendation in the PC packet was Option 2, but after receiving additional public comments they developed and recommended Option 3 as listed in the PC packet addendum (exempts enclosed showrooms on parcels larger than nine acres in the RC zone, such as the SRO property). 3. Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building), and alternate fueling station (not wholesale distribution facilities). Staff's recommendation in the PC packet was Option 2, but after receiving additional public comments they developed and recommended Option 3 as listed in the PC packet addendum (allows outdoor storage of vehicles on parcels larger than nine acres in the RC zone south of SR518). 4. Commercial parking (a use of land or structure for the parking of motor vehicles as a commercial enterprise for which hourly, daily, or weekly fees are charged) (TMC 18.06.613). Staff recommended Option 2 as listed in the PC packet. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 4/23/20 Page 6 5. Extended -stay hotel/motel - Staff recommended Option 2 as listed in the PC packet. Commissioner Mann said she is uncomfortable with this change without more clarification on what qualifies as a restaurant. 6. Hotels - Staff recommended Option 2 as listed in the PC packet. 7. Motels - Staff recommended either Option 1 or 2 as listed in the PC packet. 8. Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant. Staff recommended Option 2 as listed in the PC packet. 9. Retail sales, e.g. health/beauty aids/prescription drugs/food/hardware/notions/ crafts/supplies/housewares/electronics/photo-equip/film processing/ books/magazines/stationery/ clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equipment/sporting goods, and similar items. Staff recommended Option 2 as listed in the PC packet. 10. Financial, banking, mortgage, other services. Staff recommended Option 2 as listed in the PC packet. Ms. Dhaliwal called names of the public that previously testified to allow them the opportunity to comment on new information. Traci Granbois asked how someone would have known about Options 3 and 4 if they were not with SRO. She said the website only listed Options 1 and 2. She also asked if CC had reviewed Options 3 and 4. Staff said Options 3 and 4 were exhibits added after receiving written public comments. This is typical procedure so that the PC is then able to address them during the public hearing process. The City Attorney will review all amendments prior to the ordinance. Ricardo Frazer asked what will happen to the non -conforming hotel on the site, which Ms. Miranda addressed. Abdul Yusef said there is a big disconnect, he said he heard about the public hearing two hours prior to it starting, and he reached out to minority businesses in his neighborhood who had not heard about the public hearing. He said they never received the notice and had no idea about the changes. He stated he is concerned that huge changes are being made to their businesses and they need time to communicate and gave their comments, he would like time to be given to the business owners. There were no additional public comments. Chair Watters closed the public hearing, then reopened the public hearing. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 4/23/20 Page 7 The Commissioners were in consensus that the public hearing be continued to May 28h and understand there may need to be another virtual meeting. In addition to placing a notice in the Seattle Times and emailing businesses and interested parties, staff will provide post card notification to business owners, although businesses are closed. Commissioner Simmons asked Mr. Yusef for the name of his business, as well as the name of the other businesses that would be impacted by the changes. Mr. Yusef said the name of his business is Eastside for Hire and noted three other auto -related businesses in the area. Commissioner Strander said the addendum received prior to the public hearing was not published in the packet and so the public hearing should be continued so the public has a chance to respond. She asked for staff's response on the email regarding holding a virtual meeting. Staff said the City Attorney confirmed a virtual meeting is in compliance with the Governor's order. Commissioner Mann said considering that people are saying they did not receive notice and four businesses are being impacted by a major decision, she thinks the meeting should be continued. Commissioner Martinez said Mr. Yusef and staff are correct regarding the importance and impact of this meeting. He said there are language barriers and that the information needs to be conveyed to the community/businesses. He requested an email from the City Attorney indicating it is proper to hold the virtual meeting. He said the public hearing should be left open so the public may provide comments. Commissioner Stark expressed concerns about holding this meeting and agreed the meeting needs to be continued. She requested that staff clean up the packet and reissue, and that proper steps be taken for the public to attend the hearing. She said given the circumstances she is proposing an additional meeting(s) in May. Commissioner Reay had a follow up question for Ms. Granbois, who appeared to have left the call. She asked staff what the process would be if an in-person public hearing cannot be held in May, would there be another virtual meeting, and inquired about timeframe. Staff said in order to meet the deadline that a public hearing must be held in May. Commissioner Reay said she appreciates the effort that staff made to notify the businesses, but part of the outreach issue was compounded by some businesses being closed. She did not have any questions for staff regarding the recommendations. She thinks the public hearing should remain open because of the situation and for equity, with the understanding there would have to be another virtual meeting. Commissioner Simmons suggested leaving the public hearing open because of the impacts already seen on small business and COVID-19. She noted that over communication may be necessary because there was such a large issue in the past where people did not feel like they were included in the public process. Commissioner Watters said this is an important issue and it is impactful on the community. Further, the moratorium has been extended for a long time. She said it makes sense to extend the Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PC Public Hearing 4/23/20 Page 8 hearing because of challenges with language barriers and businesses being closed. She said she appreciates staff's efforts and requested that staff elaborate on outreach efforts and asked to hear more about targeted outreach considering the COVID-19 situation. She hopes to hold the continuation in May and mentioned that receiving addendums at the last minute is part of the public hearing processes. Although it does make it hard sometimes, she said they do review options with a scalpel instead of a hatchet, and it does require two meetings on occasion. Commissioner Strander asked for clarifying questions on land use items 4 and 8. Commissioner Mann asked clarifying questions and provided comments for staff on items 5, and 6. She was interested in a full-service hotel and suggested further definition as to what qualifies as a restaurant. She expressed interest in allowing drive-through food establishments in the NCC zone, such as a coffee shop for item 8. Commissioner Martinez expressed concern with the recommendation in item 2 for Option 3 and would like for the City Attorney to review that as well as item 3. Commissioner Simmons said several of her issues were addressed but expressed concern with the new drive-through restaurants being eliminated. She said to keep in mind it is important that TIB service everyone in Tukwila and that some people rely on cars. Commissioner Stark inquired whether there is any economic development study or plan other than the CNU study? She also said she agrees with Commissioner Simmons regarding the drive- through. Commissioner Reay commented that TOD is amazing for economic development and very important pre-COVID-19 and said it will be necessary to be nimble and flexible with economic development because things are going to change. She also inquired whether on -street parking will be possible. Commissioner Watters reiterated the need for extra notification and to find some key help for outreach. She said she was glad Option 4 was added. She inquired whether the recommendation for item 2 should be another Option 4. She expressed concern with the six-month timeframe for non -conforming uses and recommended extending it due to COVID-19. She also suggested staff provide more history on the CNU workshop. Director's Report Staff provided status on the Bellwether trees. Action Item - Commissioner Martinez requested that staff send the plans they approved as part of the design review to the Commissioners. Staff provided status on how staff is working remotely and maintaining a virtual permit center - Staff provided information about Sound Transit's I-405 BRT project Adjourned - 9:45pm Submitted by: Wynetta Bivens, Planning Commission Secretary Adopted: 7-23-20 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov