HomeMy WebLinkAboutOrd 2095 - Moratorium on Certain Uses in Transit Oriented Development (Sound Station / Longacres)City of Tukwila
Washington
Ordinance No. 2095
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING 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; AND DECLARING AN
EMERGENCY.
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 Sounder commuter -rail and Amtrak station
in Tukwila, 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 ridership; 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 2005, some issues need to be addressed immediately in order for the TOD
project to be successful; and
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
TOD Moratorium LM /kn 7/14/05 Page 1 of 4
WHEREAS, the Longacres site is considered one of the region's key opportunities
for TOD, primarily due to the large amount of vacant and re- developable 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, they moratorium will expire on July 19, 2005 and the TOD planning
process is not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on July 11, 2005;
and
WHEREAS, the City desires to provide for an exemption to the moratorium for
residential mixed -use TOD projects within one quarter mile of the Sounder Commuter
Rail/ Amtrak Station property, as amended by Ordinance 2085; 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 Identified. 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 number 2523049006 on
the south, and West Valley Highway on the west.
Section 3. Moratorium on Activities. A moratorium originally established by
Ordinance No. 1996, on September 16, 2002, and most recently renewed by Ordinance
No. 2081, on January 18, 2005, is hereby renewed, regarding the filing of permits and
approvals within the TOD planning area relating to:
A. Land divisions: This includes all permits and approvals related to
subdivisions, short subdivisions, boundary line adjustments, and lot consolidations.
TOD Moratorium LM /kn 7/14/05 Page 2 of 4
B. Development Activities and Land Uses: Except for sign permits, building
permits for tenant improvements, the extension of current land use permits, and
expansion of existing businesses on existing lots, this includes all applications and
approvals for any and all:
1. rezones
2. conditional use permits
3. unclassified use permits
4. variances
5. binding site plans
6. required environmental review
7. building permits
8. land altering permits relating to the following activities and uses:
a. Amusement parks
b. Automobile, recreational vehicles or travel trailer sales rooms. No
dismantling of cars or travel trailers nor sale of used parts allowed.
c. Automotive services
d. Cemeteries and crematories
e. Commercial laundries
f. Drive -in theaters
g. Drive through restaurants
h. Electrical substations distribution
i. Heavy equipment repair and salvage
j. Internet data /telecommunication centers
k. 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)
1. Manufacturing, processing and/or packaging pharmaceuticals and
related products, such as cosmetics and drugs
m. 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
n. 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.
o. 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.
p. Motels
q. Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges
r. Warehouse storage and or wholesale distribution facilities
TOD Moratorium LM/kn 7/14/05 Page 3 of 4
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. 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 6. Exemption. Residential mixed -use transit- oriented development
projects within one quarter mile of the Sounder Commuter Rail/ Amtrak Station
property are specifically exempted from this moratorium except for property located
within 100 feet of the Burlington Northern Railroad right -of -way. Property located
within 100 feet of the Burlington Northern Railroad right -of -way continues to be subject
to the moratorium unless said property is to be developed under an approved
development agreement with the City of Tukwila.
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.
Section 8. Effective Date. This ordinance, or a summary thereof, shall be published
in the official newspaper of the City. As set forth in Section 1, this public emergency
ordinance necessary for the protection of the public health, public safety, public
property or the public peace shall be effective immediately upon its adoption,
pursuant to RCW 35A.12.130.
PASSED BY THE CITY COUNCIL 0
at a Regular Meeting thereof this 1 A
ATTEST/ AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS T01FORM BY:
Office of -the Cit ttorney
TOD Moratorium LM /kn 7/14/05 Page 4 of 4
THE CITY OF TUKWILA, WASHINGTON,
day of �.LLL 1 2005.
4
J
ivy t lcl
Steven M. Mullet, Mayor
Filed with the City Clerk: '1-
Passed by the City Council: 7- g' D
Published: 7.- o 2,2 0 S
Effective Date: 7-1 D S"
Ordinance Number: 07,0 9 S
SUMMARY OF ORDINANCE
No. 2095
City of Tukwila, Washington
On July 18, 2005, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2095, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, renewing 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; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of July 18, 2005.
Ja 'e E. Cantu, CMC, City Clerk
Published Seattle Times: July 22, 2005