HomeMy WebLinkAbout2014 - Ord 2438 - First Amendment to 223 Andover Park East Development Agreement with South Center WA LLC - 20140603000439 hotel interurban aramark apartments Return Address:
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So uthcenter Blvd. 20140603000439
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Tukwila,WA 98188 CITY OF TUKWIL ORD 39.00
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City of Tukwila Ordinance 2438 2.
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ANDOVER INDUSTRIAL PARK#2 PORTION OF TRACT 9-BEGIN NW CORNER
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Ordinance No. € 11-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86
OF THE TUKWILA MUNICIPAL CODE; APPROVING AND
AUTHORIZING THE FIRST AMENDMENT TO THE 223 ANDOVER
PARK EAST DEVELOPMENT AGREEMENT WITH SOUTH
CENTER WA, LLC, A WASHINGTON LIMITED LIABILITY
COMPANY; PROVIDING FOR SEVERABILITY; - AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development use and mitigation of real properties; and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective the 19th
day of March, 2013 and approved by Ordinance No. 2399; and
WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a First
Amendment to Development Agreement for the 223 Andover Park East Development, a
copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 28th day of April 2014 to take public testimony regarding this First
Amendment to the Development Agreement as proposed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The First Amendment to the 223 Andover Park East Development
Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of
which is attached hereto as Exhibit A, is hereby approved and the Mayor is authorized
and directed to execute said First Amendment to Development Agreement on behalf of
the City of Tukwila. .
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Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. 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
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 6-1,0 day of Mail, , 2014.
ATTEST/AUTHENTICATED:
aiNg) 6 • n
r
Christy O'Flaherty, MMC, City Cle Hagge .f'�'l ayor
iiir
APPROVED AS TO FORM BY: Filed with the City Clerk: - 0--i 14
Passed by the City Council: ' --
Published: ,5 -1?-1 L/
a'0 . • 1 t _ A Effective Date: --j ---/ Li
iv( Sh-lley M. Kersla ', City Attorney Ordinance Number:
Exhibit A: First Amendment to Development Agreement by and between the
City of Tukwila and South Center WA, LLC for the 223 Andover Park East
Development
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2438.
On May 5, 2014 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2438: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS
AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL
CODE; APPROVING AND AUTHORIZING THE FIRST AMENDMENT TO THE 223
ANDOVER PARK EAST DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA,
LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: May 8, 2014
13-065(a)
FIRST AMENDMENT TO
Council 5/5/14
Ordinance n No._2438
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First
Amendment") is made and entered into this Igm day of May 2014, by and
between the CITY OF TUKWILA ("City"), a non-charter, optional code
Washington municipal corporation, and SOUTH CENTER WA, LLC, a
Washington limited liability company ("Developer").
I. RECITALS
WHEREAS, the City and Developer entered into that certain Development
Agreement relating to the 223 Andover Park East Development, dated March 19,
2013 (the "Development Agreement"); and
WHEREAS, Developer has continued to refine the design of the proposed .
development; and
WHEREAS, Developer has requested an amendment to the Development
Agreement in order to proceed with the proposed development; and
WHEREAS, due to the benefits as described in the Development
Agreement the City desires the proposed development to proceed; and
WHEREAS, as required pursuant to TMC 18.86.050 the City conducted a
public hearing on the 28th day of April 2014 to take testimony regarding this First
Amendment to the Development Agreement; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2438
approved this First Amendment to the Development Agreement as proposed and
authorized execution of this First Amendment to the Development Agreement;
and
WHEREAS, the Parties desire to enter into this First Amendment to the
Development Agreement upon the terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the long-term benefit to both the City and the Developer, the Parties
hereby agree as follows:
1
II. AGREEMENT
1. Building Height: Section 4.3 of the Development Agreement is hereby
amended so the maximum height for 50 percent of the site shall be 190 feet.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. The remaining requirements
of Section 4.3 remain in full force and effect.
2. Open Space: The building(s) shall have common open space of at
least 45 square feet per residential unit and 25 square feet per hotel room.
Common open space may include areas such as apartment lobby, hotel lobby,
restaurant/bar, meeting rooms, business centers, bike storage, pet walk area,
exercise room, hot tub and/or sauna, swimming pool, movie or video watching
room, clubhouse including kitchen, dining and bar areas, and outdoor seating
and barbeque areas. Space for the exclusive use of residents will count toward
the residential open space requirement. Space for the exclusive use of hotel
guests will count toward the hotel open space requirement. Space accessible to
both residents and hotel guests may be counted for either requirement, at the
election of the Developer.
3. Parking: The required minimum amount of on-site parking shall be 0.7
stalls per hotel guest room, one stall per studio unit, one stall per one bedroom
unit, one-and-a-half stalls per two bedroom unit, and two stalls per three
bedroom unit. Parking stalls that are stacked, in which some cars could be
blocked by other cars, may be counted toward the required minimum number of
parking stalls provided that the location of the stalls has been approved by the
City's Fire Marshal and a shuttle and valet parking plan has been approved by
the City administration. The Fire Marshal may approve a drive aisle width
between stacked cars less than required by TMC 18.56.090.
4. Signage: The proposed development may have signage according to
the City's sign code (TMC 19.20) with the following modifications:
a) Canopy-edge signs may be up to 3.5 feet in height and may have
up to two rows of letters.
b) Projecting signs and corner projecting signs per TMC 19.20.050 are
not allowed.
c) Special incentive signs for parking garages are not allowed.
d) Permanent building mounted wall signs: The building may have up
to two flush-mounted wall signs. One sign may be placed on the
northernmost wall and one on the westernmost wall regardless of
2
whether those walls have exterior public entrances. The maximum
allowable message area for the wall signs may be an area up to six
percent of the exposed building face to a maximum of 500 square
feet. The flush-mounted wall signs may not be cabinet or box signs
and must be channel-style letters and may be internally lit and/or
halo-lit.
5. This First Amendment shall be recorded against the Property as a
covenant running with the land.
6. Except as amended herein, the terms and provisions of the
Development Agreement remain in full force and effect.
In Witness Whereof, the parties have caused this First Amendment to be
executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
c By:
J. aggertr/
Its: ayor
Date: G°-'I
Attest/Authenticated: Approved as to Form:
go
Christy O'Flaherty, MMC, City Jerk City Attorney
SOUTH CENT WA, LLC, a Washn limited liability company
By: 4111releedi
ar Lee
Its: Manager
Daterr/‘ r z f
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STATE OF WASHINGTON )
)ss
COUNTY OF r I A)9 )
On ‘9 , 20 i t''1 , before me, the undersigned, a Notary Public, personally
appeared JIM IAGGERTON, personally known to me (or proved to me on the basis of
satisfactory evidence) as the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity as
MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument
the entity upon behalf of which he acted, executed the instrument.
y� h WITNESS my hand and official seal.
4*'CI . O '
� Ati
if ` � / _VBG
h4���•0�hu��,�p• NOTARY PUBLIC in and fort State of ,//��
►i f WAS Washington, residing at E�'e.c1TiJU�-'r,
tttthaa.
My commission expires: 9-16
STATE OF WASHINGTON )
)ss
COUNTY OF Kin 9 )
On it4t 16 , 20 t , before me, the undersigned, a Notary Public, personally
appeared OMAR LEE, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized
capacity, as MANAGER OF SOUTH CENTER WA, LLC, and that by his signature
on the instrument the entity upon behalf of which he acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
State of Washington
JI SOO PARK h
I My Appointment Expires Nov 18,2015. ; Print Name: Si Svc Park
NOTARY PUBLIC in and for the State of
Washington, residing at /. efkev(,c.2
My commission expires: (WI('i R .20 tc
4