HomeMy WebLinkAboutOrd 2141 - Moratorium Within Transit Oriented Development (Sound Station / Longacres)190B
City of Tukwila
Washington
Ordinance No. Ai t)
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 middle of 2007, 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
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
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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 moratorium will expire on December 2, 2006 and the TOD
planning process is not yet completed; and
WHEREAS, a public hearing on this proposed ordinance was held on
November 13, 2006; 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, within the designated TOD planning area, the City desires to preserve
the land necessary for relocating the 100 foot -wide Union Pacific Railroad right -of -way
to the area immediately adjacent to the west side of the Burlington Northern Santa Fe
Railroad 100 -foot right -of -way by prohibiting further development within this corridor,
since this relocation is integral to the successful development of a TOD; 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
WHEREAS, the City desires to renew the Ordinance, with modifications, for a
subsequent six -month period;
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 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. 2123, on May 15, 2006, 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 and lot consolidations.
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B. Development Activities and Land Uses. 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 or 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.
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q. Recreation facilities (commercial indoor), including bowling alleys,
skating rinks, shooting ranges.
r. Warehouse storage and /or wholesale distribution facilities.
Sign permits, building permits for tenant improvements, the extension of current
land use permits, and expansion of existing businesses on existing lots are exempt from
this ordinance. Boundary line adjustments are allowed only when it is to accommodate
the development of uses permitted under this ordinance, as approved by the
Community Development Director.
Section 4. Moratorium on Development Adjacent to the Burlington Northern
Santa Fe (BNSF) Railroad right of way. In addition to the provisions of Section 3
above, any permitted or conditional uses allowed within the TUC district under TMC
Chapter 18.28 are prohibited on properties located within 100 feet of the BNSF Railroad
right -of -way between I -405 and Longacres Way, unless the property is to be developed
under an approved developer agreement with the City.
Section 5. Effective Period of Moratorium. The moratorium renewed by this
ordinance shall become effective as set forth in Section 9 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 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. 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 as set forth in
Section 4 above.
Section 8. 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 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 on
December 2, 2006.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this C day of���w 2006.
ATTEST/ AUTHENTICATED:
Jae E. Cantu, CMC, City Clerk
APPROVED AS T RM BY:
Office of the At& rney
Attachment: Figure 1. Transit Oriented Development (TOD) Planning Area
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Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Cojrncil:
Published: 2C /0
Effective Date
Ordinance Number:
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J1E r`
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rated Development (I
Planning Area
"Figure 1.
SUMMARY OF ORDINANCE
No. 2141
City of Tukwila, Washington
On November 20, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2141, 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 November 20, 2006.
Jane/E. Cantu, C,MC, City Clerk
Published Seattle Times: November 22, 2006