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HomeMy WebLinkAboutCOW 2011-03-14 Item 4C - Discussion - Possible Development Agreement in Riverton Area COUNCIL AGENDA SY1VOPSIS �IILA iv ITEM No. �J q� Initials Meeti* Date 1 Prepared by 1 Mayor's review 1 Council review t e,E. C 03/14/11 1 BIM 1 1 t+ c 4 r y ITEM 'INFORMATION CAS NUMBER: 11-032 STAFF SPONSOR: BRANDON MILES I ORIGINAL AGENDA DATE: 3/14/11 Ac; I :NU,\ ITEM TITLE Discussion on Possible Development Agreement in the Riverton Area (12909 East Marginal Way South). CAT! Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 03/14/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SP( )NSOR 1 1 Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW Si' ONSOR's A property owner has asked the City to enter into a Development Agreement for the SI f\IMARY construction of a LEED Certified mixed use building at 12909 East Marginal Way South. If the Council wants to consider this, staff will prepare a draft Development Agreement and bring it back to Council in April. The City Council is also being asked to provide input on a process for review of the entire project. No City property or funds are involved. RI WI_,D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 2/28/11 COMMInEE CHAIR: COUNCILMEMBER SEAL RECOMMENDATIONS: SPONSOR /ADMrN. Department of Community Development COMMIYrEE unanimous Approval; Forward to Committee of the Whole :COST IMPACT FUND. SOURCE EXPI?,NDITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Connnzents N/A MTG. DATE RECORD OF COUNCIL ACTION 03/14/11 MTG. DATE ATTACH ATTACHMENTS 03/14/11 Informational Memo dated February 22, 2011 Aerial Map Proposed Site Plan Minutes from the Community Affairs and Parks Committee meeting of 02/28/11 35 36 *siI ILA �J �ti City of Tukwila F E Jim Haggerton, Mayor MEMORANDUM TO: Mayor Haggerton Community Affairs and Park Committee FROM: Brandon J. Miles, Senior Planner DATE: February 22, 2011 SUBJECT: Riverton Development 12909 East Marginal Way South ISSUE Does the City Council want to consider entering into a Development Agreement for the construction of a mixed use building at 12909 East Marginal Way South? BACKGROUND The City has been approached by a property owner who is requesting that the City enter into a Development Agreement for the construction of a Leadership in Energy and Environmental Design (LEED) certified, mixed use building at 12909 East Marginal Way South (see attached map). The property is zoned Neighborhood Commercial Center (NCC) and the applicant is proposing a use which is permitted in the zone. The City has been working with the property owner to identify any Zoning code issues with the proposed development on the property. As currently designed the building has several small code issues specifically, with parking, split zoning on one of the parcels, first floor usage, and setbacks. Parking. The property owner is proposing a three story, mixed use building. The ground floor along East Marginal Way will have commercial tenants, which will include a small restaurant. Residential dwelling units (mixture of one and two bedrooms) will be included on the first, second and third floors. The City's parking regulations would require that a total of 63 stalls be provided for the proposed use. The property owner is proposing to install 37 parking stalls on site and create an additional 11 stalls along East Marginal Way South. Thus, the total number of parking stalls proposed for the development is 48. This creates a deficiency of 15 parking stalls. In order to install the on- street parking stalls the applicant will be required to complete full frontage improvements along their property and the adjacent school district (bus parking) property. Typically, the City would use the parking variance process to address the issue presented by this development. However, it's unclear if the City can process a parking variance for this project. City code prohibits the issuance of a parking variance when the project is within 300 feet of a single family zone. It's unclear if this 300 feet requirement is based on path of travel or simply by distance. Split Zoning. A parcel that is part of this development has split zoning, Low Density Residential and NCC. Tukwila Municipal Code (TMC) 18.08.040 provides an avenue for addressing this type of situation. "Where a district boundary line divides a lot which was in single ownership at the time of passage of this Title, the Hearing Examiner may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot". 37 INFORMATIONAL MEMO Page 2 The property owner petitioned and the Hearing Examiner approved extending the NCC zoning onto the LDR zoned portion. However, that approval has expired. The property owner could request that the Hearing Examiner reapprove the project; however this would add cost and time to the project. First Floor Usaae The NCC zone allows mixed use buildings; however the code is unclear if the first floor can have residential units. TMC 18.22.050 (13) states that multi family units are allowed above office and retail uses. The applicant is proposing to have retail uses fronting along East Marginal Way, but would have first floor residential units facing the interior of the lot. At this location it would not seem feasible to require retail and /or office in the back part of the property. Setbacks In order to create a unique building the property owner has requested some deviations from the required front setbacks along East Marginal Way. The TMC permits 18 inches of roof overhang within required setback areas. The property owner has requested that we permit other architectural elements to encroach the same distance into the setback. The specific items that would encroach would be approved as part of design review, but would likely be balconies, bay windows, and other incidental building features. As part of the Development Agreement the property owner has committed to the following: a. Building the first LEED certified building in the City. LEED certification is a building standard for level of green development. The City has no code requirements to mandate the construction of LEED buildings. b. The applicant would utilize Low Impact Development (LID) standards in the development to deal with stormwater. Again, LID standards are encouraged, but not required in Tukwila. c. Construction of frontage improvements that exceed City standards. Typically, the City can only require construction of frontage improvements along those portions of the right of way that are adjacent to a particular development. In this case, the applicant is proposing to construct frontage improvements off -site. These frontage improvements will include a sidewalk, bike lane, and on- street parking. Once completed these frontage improvements may act as a catalyst for the development of the school property. DISCUSSION Besides the issues with parking, the City staff believes that the development issues listed above are minor. Even parking could be addressed through a Development Agreement. The driving force for the required number of parking stalls are the residential units. City Code requires that two stalls be provided for each dwelling unit. This parking requirement for residential dwellings may be too high. As the City Council is aware, the City adopted code changes modifying the parking requirements for the NCC area around the Tukwila Village site (TMC 18.43). Additionally, City staff has researched other city codes and has found that may codes require Tess parking for residential units than is required in Tukwila. As part of any Development Agreement the City would provide controls to mitigate possible impacts associated with the development. These controls would be reviewed by the City Council before approval of any Development Agreement. This is the same type of process staff would use to process a parking variance, but it's unclear if this development is eligible for a parking variance. It's also unclear why this property is not within the Tukwila International Boulevard (TIB) Corridor. The TIB Corridor ends on the south side of S. 130 Street. The NCC properties located north of S. 130 Street are the only NCC zoned properties that are not located within W:12011 Info Memos \RivertonDA.doc 38 INFORMATIONAL MEMO Page 3 the TIB Corridor. The TIB Development standards provide significant flexibility that the applicant could utilize if the property was within the TIB Corridor. The proposed development highlights some issues with the current Zoning Code regulations and these issues should be ultimately addressed with Code amendments which would clarify the City Council intent. Yet, the time it takes to process the code amendments would impact a developer who is ready to build, thus the need for a Development Agreement. Staff has not prepared a draft Development Agreement, but first wanted to get input from the Council. The questions before the City Council are as follows: 1. Does the Council want to consider entering into a Development Agreement? If the answer is yes, staff will work with the property owner to draft a development agreement and will bring it back to Council in April for consideration and a public hearing. 2. If the answer is yes, what type of process does the Council want to provide for the applicant in order to approve the project? a. The Council could only consider a Development Agreement with the items listed above and require that the building design be approved by the Board of Architectural Review (BAR) at a later date. This option would provide the least deviation from the City's existing process; however it would add to the project timeline. This option would require that the applicant have one public hearing with the City Council for the Development Agreement and one with the BAR for the design review application. b. At the same time the Council reviews the Development Agreement, they could also review the Design Review application. This would speed up the applicant's review process and allow the project to only have one public hearing. c. A hybrid approach would be for Council to review the Development Agreement and require that the building design be approved by the Director. This would option would only require one public hearing. RECOMMENDATION The Committee is being asked to forward this item to the March 14, 2011 Committee of the Whole meeting. Staff supports the applicant's request for a Development Agreement. The project will provide the following to the City: a. LEED Certified Building; b. Site Developed with Low Impact Development; and c. Frontage Improvements that exceed our code requirements. All that is being asked of the Council at this time is to provide consensus to consider a development agreement at a later date. No commitments to actually enter into a development agreement need to be decided at this time, as the full Council process will be followed once a development agreement has been crafted. With regards to the various options of how to proceed, staff supports all the options provided. ATTACHMENTS A. Aerial Map B. Proposed Site Plan W12011 Info Memos\RivertonDA.doc 39 PROJECT SITE AERIAL MAP "ii..3 ',q, c 2 VM DI!m>lnl 'S ADM IDtMaIDV\I 3 606Z I. 11 q a c ii. I if asea luawdolanaG uotiA iGn J FI'''.'• 1H tli 7 J ::::i:::: 1: 1] :L i iiH I::: ,•.::•H L:::i :::::i 7 1 '1 77: :i:Iii: :1 I:. t.:1 F;.! -A iit. .4 ':'''•':'''1••" i 1:::1:.: .,.:•;'';_1[7',4' .A•i•: .',4 2 o_ j.,', i: 1: 1:1' 9H' .i: 2 le 1 '1 I H;•:1:I 5 I ::-011:::' l::::: 5 :-',7: i :11.,::i1!111,.i111i1:) g ll ig'::'" I LI .i :•.:.:1::::•1:::ild g 1],i1 I 1 i 1, g .iti:::1' 11 gy! 1 g i_, Hi ...1.i:1 .141 i.. AA. 0_ 0 Air:•_'• Erg.1 1 t i i l' f 1 I 1 g, E t. 1 1::. 1:' H. g z, ti„. IVA gi g g gISLi E 1 1 r 1 [‘l c.) 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I I I Z ;:ar,i 4•.° 2 P. 14 F' .12 RIOCZYIN g.J S 41 C ILA =h, sy ti C 01Tukw o_ Community Affairs and Parks Committee 9Qa COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes February 28, 2011— 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Verna Seal, Chair; Joe Duffle and De' Sean Quinn Staff: Rick Still, Derek Speck, Jack Pace, Nora Gierloff, Brandon Miles, Lynn Miranda, Steve Lancaster and Kimberly Matej Guests: Vanessa Zaputil (resident), Ellen Gengler (resident), Aaron Hundtofte (Riverton Development), Kent Alexander (Riverton Development), Andy Ciarrocchi (Westfield) CALL TO ORDER: Committee Chair Seal called the meeting to order at 4:59 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Development Aureement: 12909 East Marginal Wav South (Riverton Development) Staff is seeking Council direction as to whether not to enter into a development agreement with the property owner, also known as Riverton Development, at 12909 East Marginal Way, regarding the construction of a Leadership in Energy and Environmental Design (LEED) certified, mixed use building. A development agreement has been suggested as a means to address some code ambiguities and uncertainties, including: :Sy„,-- Parking issues 0 Split zoning Setbacks As a result of such an agreement, the City would experience its first LEED certified building and full frontage improvements. The Committee was in agreement that a draft development agreement should be prepared for the Committee /Council review process. Additionally, staff inquired about the Committee's preference for the project approval. Committee members recommended suggestion 2.b. as outlined on page 3 on the agenda packet, summarized below: Council will simultaneously review the development agreement and design review application, allowing the project to have one public hearing. Staff commented that development agreements are usually created and entered into when there is a unique project in which not every issue is addressed in the Code. UNANIMOUS APPROVAL. COMMITTEE RECOMMENDS THE PROCESS AS OUTLINE IN LETTER B. FORWARD TO MARCH 14 COW FOR DISCUSSION. B. Tukwila Urban Center /Southcenter Plan: Public Involvement Strategv Staff is seeking Committee recommendation and Council approval on how to proceed with expanding public involvement in/on the Tukwila Urban Center Plan/Southcenter. At the September 27, 2010, Committee of the Whole meeting the City Council requested staff conduct additional research on opportunities for public outreach and involvement, rather than move forward with a consultant agreement to lead stakeholder outreach. The Council requested staff return to Committee with results on other outreach/public involvement alternatives. 42