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Home My WebLink AboutOrd 1921 - Moratorium on Public Parking Lots, Park and Ride Lots or Garages for Private Passenger Cars �z v.11LA i w ms ;k'` sa 1908 City o f T u lkwila Washington Ordinance No. Pi AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING A SIX -MONTH MORATORIUM ON CERTAIN LAND USE ACTIVITIES; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; 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 has adopted a Zoning Code consistent with that Comprehensive Plan; and WHEREAS, the City has adopted development regulations consistent with the Comprehensive Plan and in accordance with the Growth Management Act; and WHEREAS, there are land use districts in the City of Tukwila in which public parking lots or garages for private passenger cars are permitted as a primary use; and WHEREAS, public parking lots or garages for private passenger cars are a permitted use in districts in which the City seeks to preserve industrial lands (such as the "Manufacturing/ Industrial Center" or "MIC" zones); and WHEREAS, public parking lots or garages for private passenger cars are a permitted use in districts in which the City seeks to encourage urban uses and reduce reliance on automobiles (such as the "Regional Commercial" or "RC" zone and the "Neighborhood Commercial Center" or "NCC" zone); and WHEREAS, the City's Comprehensive Plan does not anticipate the development of large scale parking lots or garages, particularly in those areas intended for commercial redevelopment or areas where the preservation of industrial lands is sought; and WHEREAS, the City desires to ensure that the zoning and location of such public parking lots or garage uses is consistent with its policies and purposes embodied in its Comprehensive Plan, Zoning Code and development regulations; and WHEREAS, public parking lots or garages have the potential to generate very significant traffic volumes; and WHEREAS, the City is aware of a proposed large -scale parking lot which would have significant impacts on the City and its ability to implement its Comprehensive Plan and Community Plan for Highway 99; and WHEREAS, the City is currently updating the Transportation Element of its Comprehensive Plan; and WHEREAS, the current Transportation Element does not anticipate the development of large public parking lots or garages; and WHEREAS, the City also desires to ensure public input on these issues; and Mrt -pkg 7 -2000 1 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, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses, above, are hereby adopted by reference as the City Council's findings of fact as if fully set forth herein. Section 2. Moratorium Established. A moratorium is hereby established upon the filing of development permits and approvals relating to public parking lots, park- and -ride lots or garages for private passenger cars. For the purposes of this ordinance, the term "public parking lots or garages for private passenger cars" means any area or structure devoted or intended to be used principally for the parking or storage of motor vehicles, which parking is not directly associated with and incidental to another lawful use on the same or immediately adjacent lot or parcel. "Development permits and approvals" shall include, but are not limited to, Conditional and /or Unclassified Use Permits, any required environmental reviews, subdivision approvals, short subdivision approvals, site plan review approvals, approvals for any and all rezones, approvals for any and all building permits for development activity resulting in the alteration of existing premises or the creation of new premises related to public parking lots or garages, land altering permits or any other required permits or approvals. No such new applications shall be accepted during the effective period of this moratorium; provided, however, that this moratorium shall not affect vested rights, if any, applicable to any such previously submitted and fully completed applications. Section 3. Exception. A. The proposed parking lot development known as "Quik Park" (with an identified location within the City at 3610 South 158th Street under File Nos. L99 -0010, E99 -0005, L99 -0064 and L2000 -033) is excepted from this ordinance. This exception is due to the fact that "Quik Park" has obtained City Council approval of a street vacation and realignment, has submitted complete development permit applications prior to the effective date of the moratorium and has invested considerable capital toward the proposed project. B. The proposed park- and -ride lot development known as Tukwila /Longacres Commuter Rail Station (File Nos. L99 -0042 and L99 -0043) is excepted from this ordinance. This exception is due to the fact that Tukwila /Longacres Commuter Rail Station project has submitted complete land use development applications, and both the applicant's staff and City staff have already done extensive review of this project since the submittal of June 8, 1999. Section 4. Effective Period of Moratorium. The moratorium established by this ordinance shall become effective as set forth in Section 8 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after a subsequent public hearing and entry of findings of fact. Section 5. Public Hearing to be Held. A public hearing 011 the issue of the moratorium shall be held 110 later than sixty (60) days after the date of adoption herein. Section 6. Work Program. The Mayor is authorized to allocate the necessary resources to prepare a work program to address the land use and transportation planning issues identified in this ordinance and the City shall implement such a work program. Section 7. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other persons or circumstances. Mrt -pkg 7 -2000 2 Section 8. Effective Date. This ordinance, as a public emergency ordinance necessary for the protection of the public health, public safety, public property, or public peace, shall take effect and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in Section 1 and in the "whereas" clauses above, all of which are adopted by reference. Additionally, absent this emergency declaration, property owners could obtain vested rights to develop contrary to the Comprehensive Plan or development regulations, during the period between adoption and five days after publication of the ordinance. PASSED BY THE CITY COUNCIL OF THE CITY F TUKWILA, WASHINGTON, at a Regular Meeting thereof this 7 day of 2000. gj Mt/4;W Steven M. Mullet, Mayor ATTEST /AUTHENTICATED: 4.//1Z, ryie E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office ofhe C Attorney Mrt pkg 7 2000 FILED WITH THE CITY CLERK: -6-0 PASSED BY THE CITY COUNCIL: 7 -a--0 PUBLISHED: 1- g e EFFECTIVE DATE: 1 7 -crb C ORDINANCE NO.: /2 3 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 1921 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING A SIX MONTH MORATORIUM ON CERTAIN LAND USE ACTIVITIES; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY; AND ESTABLISHING AN EFFECTIVE DATE. On July 17, 2000, the City Council of the City of Tukwila passed Ordinance No. 1921, establishing a moratorium upon the filing of development permits and approvals relating to public parking lots, park- and -ride lots or garages for private passenger cars; providing for severability; declaring an emergency; and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of July 17, 2000. Jame E. Cantu, CM City Clerk Published Seattle Times: 7/21/00 LA /LC �C ��4 e 7/1-)