HomeMy WebLinkAboutOrd 1996 - Moratorium Within Transit Oriented Development (Sound Station / Longacres) ��IILA, w
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Washington
Ordinance No. 1 l (p
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, CREATING A SIX -MONTH
MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
CERTAIN LAND DIVISIONS, AND DEVELOPMENT
ACTIVITIES AND LAND USES WITHIN THE AREA
DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT
AROUND THE TEMPORARY COMMUTER RAIL /AMTRAK
STATION AT LONGACRES; PROVIDING FOR SEVERABILITY;
DECLARING AN EMERGENCY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila issued an Unclassified Use Permit in 1999 allowing
Sound Transit to construct a temporary station for Sounder commuter rail and Amtrak service at
Longacres, adjacent to the Burlington Northern Railroad; and
WHEREAS, Sounder's Unclassified Use Permit for the temporary station expires in
February, 2004, and either the station must be built or permit renewed prior to this date; and
WHEREAS, the City recognized the unique opportunity to promote a more compact,
mixed use, pedestrian supportive pattern of development that makes effective use of its proximity
and accessibility to the rail station, and includes a mix of retail, service, office and residential
uses; and
WHEREAS, a more intensive pattern of transit oriented development (TOD) would
assist the City with the redevelopment of the Tukwila Urban Center, one of thirteen designated
urban centers within King County, and provide workers with commercial, public and recreational
services close to where they live or work; and
WHEREAS, a more intensive pattern of TOD would benefit the region by assisting in
achieving Growth Management Act requirements and increasing local and regional transit rider-
ship; and
WHEREAS, in August, 2001, the City held a workshop, inviting other key stakeholders
to explore the possibilities for a TOD in the Longacres area; and
WHEREAS, the workshop resulted in strong support for the project and a "vision" for
land use and transportation in the Longacres TOD area; and
WHEREAS, to implement this vision, the City applied for and was awarded a $1.5
million grant by the Federal Highways Administration to prepare a master plan for the Longacres
area, identifying land use, urban design and transportation/circulation objectives, as well as to
prepare implementing ordinances and design guidelines, complete environmental review of the
plan and designate it as a planned action, and integrate the design of the permanent commuter
rail /Amtrak station; and
WHEREAS, while the City anticipates the TOD master plan project to be completed by
the end of 2003, some issues need to be addressed immediately in order for the TOD project to
be successful; and
Development Moratorium 9 /17 /02.doc
WHEREAS, the Tukwila Urban Center (TUC) zoning district allows for a variety of
high- intensity regional uses in the TOD planning area, including light industry and warehousing,
some of which may not be of appropriate type, density or character to support the intent of a
TOD; and
WHEREAS, the City has already received a proposal for development within the TOD
planning area that would have been inconsistent with the stated vision for the TOD and threaten
the successful implementation of the TOD master plan; and
WHEREAS, the Longacres site is considered one of the region's key opportunities for
TOD, primarily due to the large amount of vacant and redevelopable land surrounding the
station; and
WHEREAS, any significant amount of new development occurring prior to the
establishment of a desired pattern of uses in the TOD master plan could jeopardize the City's
ability to implement the TOD plan; and
WHEREAS, the City's Municipal Code allows for the division of land and adjustment of
boundary lines that, if allowed to occur in the TOD planning area, would make future land
assemblage for a TOD project difficult and costly, and threaten the successful implementation of
the TOD master plan; and
WHEREAS, within the TOD planning area, the City desires to take immediate steps to
preserve the land available for development or redevelopment and restrict land uses that do not
implement the vision for the area until the TOD at Longacres master plan and environmental
review are completed, certain implementing zoning regulations are adopted by the City, and
other related regional transportation infrastructure issues are decided; and
WHEREAS, the City also desires to ensure public input on these issues; 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 and, therefore, has determined that an emergency exists;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact and Emergency Declared. The "Whereas" clauses, above,
are hereby adopted by reference as the City Council's findings of fact as if fully set forth herein.
Furthermore, the City Council hereby declares an emergency necessary for the protection of the
public health and safety.
Section 2. Moratorium Area Established. For the purposes of this ordinance, "the TOD
planning area" is identified in Figure 1. This area is bounded by I -405 on the north, Tukwila city
limits on the east, the southern boundary of Parcel #2523049006 on the south, and West Valley
Highway on the west.
Section 3. Moratorium on Activities. A moratorium is hereby established upon the
filing of all permits and approvals within the TOD planning area:
A. Land Divisions. This includes all permits and approvals related to subdivisions,
short subdivisions, boundary line adjustments, and lot consolidations.
B. Development Activities and Land Uses. Except for sign permits and building
permits for tenant improvements, this includes all applications and approvals for any and all
rezones, conditional use permits, unclassified use permits, variances, binding site plans, required
environmental review, building permits, and land altering permits relating to the following
activities and uses:
Development Moratorium 9 /17 /02.doc
1. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer
or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed.
2. Automotive services.
3. Commercial laundries.
4. Commercial parking, except for commercial parking located within a structure
having substantial ground floor retail or commercial activities such that the pedestrian and
commercial environments are not negatively impacted by the parking use.
5. Contractor storage yards.
6. Heavy equipment repair and salvage.
7. Internet data/telecommunication centers.
8. Manufacturing, processing and /or packaging of foods, including but not limited
to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods,
dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering).
9. Manufacturing, processing and /or packaging pharmaceuticals and related
products, such as cosmetics and drugs.
10. Manufacturing, processing, and /or packaging previously prepared materials
including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass,
ink, paint, paper, plastics, rubber, tile, and wood.
11. Manufacturing, processing, assembling, packaging and /or repairing electronic,
mechanical or precision instruments such as medical and dental equipment, photographic goods,
measurement and control devices, and recording equipment.
12. Motels.
13. Recreation facilities (commercial indoor), including bowling alleys, skating
rinks, shooting ranges.
14. Drive through restaurants.
15. Warehouse storage and /or wholesale distribution facilities.
16. Amusement parks.
17. Cemeteries and crematories.
18. Drive -in theaters.
19. Electrical substations distribution.
20. Manufacturing, processing and /or assembling previously prepared metals
including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving,
galvanizing and hand forging.
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 on the issue of the moratorium
shall be held no later than 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 preemption shall not affect the validity or
constitutionality of the remaining portions of this ordinance or its application to any other
persons or circumstances.
Development Moratorium 9 /17 /02.doc
Section 8. Effective Date. This ordinance, as a public emergency ordinance necessary for
the protection of the public health and safety, shall take effect and be in full force immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CI Y OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 1 (1)6 day of 2002.
ATTEST /AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City"Attorney
FILED WITH THE CITY CLERK: C' d��
PASSED BY THEXIT,Y
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ILI -0
221
Development Moratorium 9 /17 /02.doc
Steven M. Mullet, Mayor
Transit-Oriented Development (TOD)
Planning Area
Figure 1
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, CREATING A SIX -MONTH
MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR
CERTAIN LAND DIVISIONS, AND DEVELOPMENT
ACTIVITIES AND LAND USES WITHIN THE AREA
DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT
AROUND THE TEMPORARY COMMUTER RAIL /AMTRAK
STATION AT LONGACRES; PROVIDING FOR SEVERABILITY;
DECLARING AN EMERGENCY; AND ESTABLISHING AN
EFFECTIVE DATE.
On 1 I /6 Zi3GZthe City Council of the City of Tukwila passed
Ordinance No. /<7C creating a six -month moratorium upon the filing of all
permits and approvals relating to land divisions (subdivisions, short subdivisions,
boundary line adjustments, lot consolidations) and development activities and land
uses (rezones, conditional and or unclassified use permits, variances, binding site
plans, required environmental reviews, building permits and land altering permits)
relating to certain activities and uses as detailed; providing for exemptions for sign
permits and building permits for tenant improvements; providing for severability; and
declaring an emergency.
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 g //.6
Published Seattle Times:
J6n,6 E. Cantu, CMC, City Clerk