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Permit 83-03-CUP - PAVILION MALL - HYDROTUBE CONDITIONAL USE
83-03-cup 17900 southcenter parkway PAVILION MALL HYDROTUBE CONDITIONAL USE PAVILION OUTLET MALL - HYDROTUBE CONDITIONAL USE PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM V) A. 83 -03 -CUP. Hydrotube at the Pavilion INTRODUCTION On May 12, 1983, the Planning Commission approved the conditional use permit for the Hydrotube to be lcoated in the Pavilion Outlet Center at the northeast corner of Southcenter Parkway and S. 180th Street. Per TMC 18.64.060 this approval expires on May 12, 1984. To,date contruction has not begun on the project, and a filed building permit application was allowed to expire on March 22. 1984. Due to circumstances outlined in the attached letter from the applicant an extension is being requested of the existing conditional use permit. The new architect and structural engineer have totally revised the internal structure supporting the Hydrotube. FINDINGS 1. On May 12: 1983 the Planning Commission approved the conditional use permit for the Hydrotube was conditioned upon. the following: 1. The Planning Commission shall reserve the right of annual review of the conditional use permit. 2. Prior to issuance of construction permits, the applicants shall provide a summary analysis of traffic signal phasing in the vicinity of the Pavilion Outlet Center which will analyze the effects of increased traffic generated by the proposed water slide activity and which will suggest modifications or improvements as needed. On or about February 15, 1984, a traffic study was submitted to the Department of Public Works for review. - 0.. i- .artment --is 'n Bt=der to— aeeome4a -t-e— the — .et- a- l —P-avi 1 ion Out4 -ct Center—devrippment. The Senior . Engineer indicates traffic impacts are manageable, however patrons of the Hydrotube and /or the Pavilion Outlet Center need to be moved from the on -site parking lot to the southerly adjacent parking lot across S. 180th Street. Fo- h- is—epd be-- + d l ier}_sadewa1k agr -eem ^marts —and cons tr trtenarlLv t- Prat t- +res-e -- aa .- P -1-ar► ri- rig —Gemff+ -s i en' -s--e et'i o n - 2. The letter of April 6, 1984, (Attachment A). the applicant expresses grounds for the request for extension of the conditional use permit to include . Page -2- 'PLANNING COMMISSION 83 -03 -CUP, Hydrotube April 26. 1984 C The Pavilion Outlet Center agreements and conditions. situation on the property. the Planning Commission, "inordinately complex negotiations with the landlord" and more significantly the total reevaluation and redesign of the structural support system for the Hydrotube. The latter situation was brought to the attention of staff shortly before the building permit application expired. The applicant chose to allow the building permit to expire and to resubmit a building permit application with the revised structural and exterior design of the Hydrotube facility. 3. TMC 18.64.060 stipulates a condition use permit "...shall automatically expire one year after the date it was granted by the Planning Commission unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional 'use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date the conditional use permit is granted by the Planning Commission." Since the building permit was allowed to expire on March 22. 1984. and. resubmittal is not possible by May 12. 1984. the existing conditional use permit x is in danger ot iration. This section also �� provides a Planning Commission "... may grant a,renewai of the conditional use permit if the party seeking the renewal can demonstrate extra ordinary cir- cumstances or conditions not known or foreseeable, at the time t iginal application for a conditional use permit was granted. which woul arrant such a renewal." The applicant bears the burden of proof in th er that the circumstances warrant granting of the extension. The Planning Commission may approve. modify. or deny the request for exten- sion. or may review the original conditional use permit in total or in part and render a modified decision thereon. 4, K. Currently the Public Works Department is involved in the planning for the S. 188th Street Connector. street and Interstate 5. This will funnel traffic onto S. 180th Street at the intersection of Southcenter Parkway. adjacent to the Pavilion Outlet Center. The City has just begun the study of the pedestrian circulation system in the business district gith the aim of enhancing pedestrian circulation and linka- ges in the City. development was approved subject to several One of the conditions addressed the parking ntuall ]el•in• �a king agreement approved by .Ir , •14- yliriotttbe—fa - 19 i-t 4t-a f—wi-1 . efler?.ti An to k+e-- Arnort v aA�ir -e an addi nal tr fic study to address revisions to traffic channelization and signa p �asM g. Included in this agreement is the option available to the City to require'`construction of a parking structure on the site. The Hydrotube original building permit and attendant Declaration of Nonsignficance required a traffic study which was submitted on or about February 15. 1984. This traffic study recommended the accomodation of the anticipated peak traffic of approximately 900 trips per day via signage on the Pavilion Outlet Center property to direct patrons to the southerly parking lot across S. 180th Street. Page -3- ' PLANNING COMMISSION 83 -03 -CUP. Hydrotube April 26, 1984 CONCLUSIONS traffic I,•- ner:tion .nti ipat -d by th t�,cipat - traffic agcru1ng t. the ne It aff i ts' i cr asin•ly concern - d ' . t ha t ' a/ to be lc' rrpt eted. ( Review /of the condi City t a ppRdrtuni y to,�revie /the tato l �of t e i i those ; condit\ \ions. ,Althdugh tie Ci y at`torrli e, are urrent ly nevi e i ng e Ehat /the agr ements will'be ompl t d is ) c me v ng ,th'at ' -s - fire me't Planni`fl(g l;ommt�sion s action o e exten 10 mit •.ys • d e 2. The City's planning efforts (S. 188th Street connector and sidewalk study) and Metro's Transit Center planning where not of consideration when the con- ditional use permit was originally before the Planning Commission. Neither was the knowledge of the tenancy of the Marshalls department store. .These conditions may impact the project either remotely or directly. however their impact is confined to the circulation system in general and around the pro- perty. These conditions do not and have not effected the timing of the deve- lopment of the Hydrotube. TMC 18.64.060 requires the applicant demonstrate "...extraordinary circumstan- ces or conditions not known or foreseeable at the time the original applica- tion for a conditional use permit was granted, which would not warrant such a renewal." With reference to the applicant's letter of April 6. 1984. and staff's understanding of some of the negotiations involved in the Pavilion Outlet Center property there appears to be some slight merit in the assertion that these negotiations contributed to the delay. But the major asserted reason for the delay is the late discovery of a more efficient and better structural support system for the Hydrotube which could not be integrated into revised plans before the building permit application or the conditional use permit expired. Accordingly, architects for the project have been changed and a different structural engineer is preparing the revised structural system. While unfortunately an "eleventh hour" discovery. this desire for a more eco- nomical structural system seems to be reasonably within the "extraordinary circumstances or conditions" to warrant extension of the conditional use per- 3. Because of the traffic generation from the Hydrotube staff would recommend that a signing program for directing patrons to the southern parking lot across S. 180th Street be included in the building permit application. This will enable staff to provide a timely review and approval of the signing and traffic circulation on the site to minimize traffic hazard potentials on Southcenter Parkway and S. 180th Street. This signing program as approved by staff should be implemented prior to issuance of the Certificate of Occupancy Page -4- PLANNING COMMISSION 83 -03 -CUP. Hydrotube April 26. 1984 so the signage is in place when the Hydrotube opens for business. Normally the public opening of such a facility will generate more than the normally anticipated traffic volume. thereby increasing the importance of the timing of the sign relative the opening. 4. In review of the building permit staff will compare the proposal with the ori- ginal conditional use permit relative to occupancy load and the existing cooperative parking agreement. Based upon knowledge available at this time staff's opinion is that conformance largely exists. Nothing in the Planning Commission's decision should be construed to remove conditions existing under the conditional use permit. Removal of any con- ditions would constitute a modification of the conditional use permit which would require more detailed review by staff and the Planning Commission. . RECOMMENDATION Based upon the above staff recommends approval of the extension of the conditional use permit for one year subject to in . , internal circulation signing program to direct patrons to the southerly parking lot acros S ,,. Oth Street be submitted with the building permit application and prior to issuance of the Certificate of Occupancy. dati iA3 trlt -- y A - \ q - i c. Stv dl y 1 eva oafi •�v i < < tek eat i oK 44 ii .0,4• s' .• � . otolot soh* t tom« ckaKh+ -i �2, ion a q'. t s ie1 ptKsi i? .'. ATTACHMENTS y-fi4a 4i ♦a be_ «A.Aer 40 .-- u..14 r+er w. of of 4441 44.4*fi1 . A - Letter of April 6, 1984 from the applicant requesting the extension. • B - Planning Commission minutes of the May 12. 1983 public hearing. C - Revised Hydrotube proposal. D - Staff report dated March 24. 1983 for the original conditional use permit. *ILA 1908 City Tukwila City of Tukw a 6200 Southcenter Boulevard Tukwila Washington 98188 May 4, 1984 Gary L VanDusen, Mayor ED STAUFFER Hydrotube 9320 SW Barbur Blvd. Suite 240 Portland, OR 97219 JOHN SHIRLEY Macnight- Shirley- Timmerman Architects 170 W. 500 North Salt Lake City, Utah 84103 RE: Hydrotube at the Pavilion 83 -03 -CUP Dear Sirs: This letter is formal notification that on April 26, 1984, the Tukwila Planning Commission approved extension of the conditional use permit for one year'(until May 12, 1985) subject to: 1. Internal circulation signing program to direct patrons to the southerly parking lot across S. 180th St. be submitted with the Building Permit application and implemented prior to the Certificate of Occupancy. .2. A traffic study to evaluate traffic generation and to suggest any additional traffic channelization and signal phasing; a study to be undertaken within three months of occupancy of the facility. The decision of the Planning Commission is final unless appealed to the City Council by May 7, 1984, per Tukwila Municipal Code Section 18.90.020. If you have any questions please call me at 433 -1845. Rick Beeler Associate Planner RB /blk cc: Planning Director Public Works Director Page -2- PLANNING COMMISSION r.JTES April 26, 1984 MS. AVERY SECQNDED THE MOTION. REZONED TO THE PROFESSIONAL OFFICE CLASSIFICATION. MR. ORRICO SECONDED THE MOTION, WHICH WAS UNANIMOUSLY APPROVED. MAIN MOTION AS AMENDED WAS CARRIED UNANIMOUSLY. V PUBLIC MEETING Application 83 -03 -CUP: Hydrotube at the Pavilion, requesting extention of the conditional use permit. Mr. Beeler read the staff report. Marshal Stevens, representing the Hydrotube, reviewed the differences in the proposed new design from the orignal design approved by the Planning Commission. John Shirley, architect for the application, explained the construction and design. Discussion ensued surrounding the appropriateness of the location of the proposal, adequacy of parking, the traffic generation by similar facilities and the prior Planning Commission approval of a cooperative parking agreement. MR. LARSON MOVED TO APPROVE THE REQUEST FOR EXTENSION OF THE HYDROTUBE PROJECT AT THE PAVILION SUBJECT TO THE TWO CONDITIONS RECOMMENDED BY STAFF. It was clarified that the motion intended for extension of the original conditions imposed on the conditional use permit. MOTION PASSED 4 -2. Mr. Stevens estimated construction would begin in approximately two months. Application 83 -16 -CUP: Burlington Northern Railroad, review of changes to the approved conditional use permit. Mr. Beeler summarized the staff report. Mort Thomas, representing the application, explained the changes and plans to complete asphalt paving of the site when soil conditions are satisfac- tory. This was estimated to be July or August. MR. COPLEN MOVED TO APPROVE THE CHANGES PROPOSED SUBJECT TO STAFF'S RECOMMENDED CONDITIONS 1 AND 2. MS. AVERY SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. BOARD OF ARCHITECTURAL REVIEW CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM V) A. : 83-03-CUP, Hydrotube at the Pavilion INTRODUCTION On May 12, 1983, the Planning Commission approved the conditional use permit for the Hydrotube to be lcoated in the Pavilion Outlet Center at the northeast corner of Southcenter Parkway and S. 180th Street. Per TMC 18.64.060 this approval expires on May 12, 1984. To date contruction has not begun on the project, and a filed building permit application was allowed to expire on March 22. 1984. Due to circumstances outlined in the attached letter from the applicant an extension is being requested of the existing conditional use permit. The new architect and structural engineer have totally revised the internal structure supporting the Hydrotube. FINDINGS 1. On May 12, 1983 the Planning Commission approved the conditional use permit for the Hydrotube was conditioned upon the following: 1. The Planning Commission shall reserve the right of annual review of the conditional use permit. 2. Prior to issuance of construction permits, the applicants shall provide a summary analysis of traffic signal phasing in the vicinity of the Pavilion Outlet Center which will analyze the effects of increased traffic generated by the proposed water slide activity and which will suggest modifications or improvements as needed. On or about February 15, 1984, a traffic study was submitted to the Department of Public Works for review. In addition, the Public Works Department is reviewing with the City Attorney agreements for construction of sidewalks in order to accomodate the total Pavilion Outlet Center development. The Senior Engineer indicates traffic impacts are manageable, however patrons of the Hydrotube and /or the Pavilion Outlet Center need to be moved from the on-site parking lot to the southerly adjacent parking lot across S. 180th Street. To this end the underlying sidewalk agreements and construction and maintenance thereof are essential. Therefore, the Public Works Department has recommended that these agreements be completed by the attornies within 30 days of the Planning Commission's actions. 2. The letter of April 6, 1984, (Attachment A) . the applicant expresses grounds for the request for extension of the conditional use permit to include P'age -2- C PLANNING COMMISSION 83 -03 -CUP, Hydrotube April 26, 1984 "inordinately complex negotiations with the landlord" and more significantly the total reevaluation and redesign of the structural support system for the Hydrotube. The latter situation was brought to the attention of staff shortly before the building permit application expired. The applicant chose to allow the building permit to expire and to resubmit a building permit application with the revised structural and exterior design of the Hydrotube facility. 3. TMC 18.64.060 stipulates a condition use permit "...shall automatically expire one year after the date it was granted by the Planning Commission unless a building permit conforming to plans for which the CUP was granted is obtained within that period of time. A conditional use permit shall automatically expire unless substantial construction of the proposed development is completed within two years from the date the conditional use permit is granted by the Planning Commission." Since the building permit was allowed to expire on March 22. 1984. and resubmittal is not possible by May 12. 1984. the existing conditional use permit is in danger pl piration. This section also provides a Planning Commission "... may grant a of the conditional use g permit if the party seeking the renewal can demonstrate extra ordinary cir- cumstances or conditions not known or foreseeable, at the time the original application for a conditional use permit was granted. which would..not— warrant such a renewal." The applicant bears the burden of proof in the matter that the circumstances warrant granting of the extension. The Planning Commission may approve. modify. or deny the request for exten- sion. or may review the original conditional use permit in total or in part and render a modified decision thereon. 4' X Currently the Public Works Department is involved in the planning for the S. 188th Street Connector. street and Interstate 5. This will funnel traffic onto S. 180th Street at the intersection of Southcenter Parkway. adjacent to the Pavilion Outlet Center. The City has just begun the study of the pedestrian circulation system in the business district with the aim of enhancing pedestrian circulation and linka- ges in the City. The Pavilion Outlet Center development was approved subject to several agreements and conditions. One of the conditions addressed the parking situation on the property. vvgt xi ldi . parking agreement approved by the Planning Commission, ' r �°� " Hydrotube facility staff —w44a-- ev-a-l- use- l;he -^af i-c —getter at ion to the prop .and— may— requ410-e- an addi t t o a tr ff ' c study to address revisions to traffic channelization and signal easing. 'lncluded in this agreement is the option available to the City to requir?`construction of a parking structure on the site. The Hydrotube original building permit and attendant Declaration of Nonsignficance required a traffic study which was submitted on or about February 15. 1984. This traffic study recommended the accomodation of the anticipated peak traffic of approximately 900 trips per day via signage on the Pavilion Outlet Center property to direct patrons to the southerly parking lot across S. 180th Street. 6. Page -3- PLANNING COMMISSION 83 -03 -CUP. Hydrotube April 26, 1984 CONCLUSIONS 1. After approval of the Pavilion Outlet Center and to date the required con- ditions of approval have not been met, e.g.. sidewalk agreements. Due to the traffic generation anticipated by the Hydrotube and the heretofore unan- ticipated traffic accruing to the newly opened Marshalls department store, staff is increasingly concerned that all of the agreements and conditions need to be completed. Review of the conditional use permit extension allows the City the opportunity to review the status of the project and the completion of those conditions. Although the City Attorney and the appropriate counterpart attornies are currently reviewing the required agreements guarantee is lacking that the agreements will be completed in a reasonable time. Therefore, staff is recommending that these agreements be completed within 30 days of the Planning Commission's action on the extension. 2. The City's planning efforts (S. 188th Street connector and sidewalk study) and Metro's Transit Center planning where not of consideration when the con- ditional use permit was originally before the Planning Commission. Neither was the knowledge of the tenancy of the Marshalls department store. These conditions may impact the project either remotely or directly, however their impact is confined to the circulation system in general and around the pro- perty. These conditions do not and have not effected the timing of the deve- lopment of the Hydrotube. TMC 18.64.060 requires the applicant demonstrate "...extraordinary circumstan- ces or conditions not known or foreseeable at the time the original applica- tion for a conditional use permit was granted, which would not warrant such a renewal." With reference to the applicant's letter of April 6. 1984. and staff's understanding of some of the negotiations involved in the Pavilion Outlet Center property there appears to be some slight merit in the assertion that these negotiations contributed to the delay. But the major asserted reason for the delay is the late discovery of a more efficient and better structural support system for the Hydrotube which could not be integrated into revised plans before the building permit application or the conditional use permit expired. Accordingly, architects for the project have been changed and a different structural engineer is preparing the revised structural system. While unfortunately an "eleventh hour" discovery. this desire for a more eco- nomical structural system seems to be reasonably within the "extraordinary circumstances or conditions" to warrant extension of the conditional use per- mit. 3. Because of the traffic generation from the Hydrotube staff would recommend that a signing program for directing patrons to the southern parking lot across S. 180th Street be included in the building permit application. This will enable staff to provide a timely review and approval of the signing and traffic circulation on the site to minimize traffic hazard potentials on Southcenter Parkway and S. 180th Street. This signing program as approved by staff should be implemented prior to issuance of the Certificate of Occupancy Page -4- PLANNING COMMISSION 83 -03 -CUP. Hydrotube April 26. 1984 so the signage is in place when the Hydrotube opens for business. Normally the public opening of such a facility will generate more than the normally anticipated traffic volume. thereby increasing the importance of the timing of the sign relative the opening. 4. In review of the building permit staff will compare the proposal with the ori- ginal conditional use permit relative to occupancy load and the existing cooperative parking agreement. Based upon knowledge available at this time staff's opinion is that conformance largely exists. Nothing in the Planning Commission's decision should be construed to remove conditions existing under the conditional use permit. Removal of any con- ditions would constitute a modification of the conditional use permit which would require more detailed review by staff and the Planning Commission. RECOMMENDATION Based upon the above staff recommends approval of the extension of the conditional use permit for one year subject to 1. Completion of existing required conditions and easements and agreements within 30 days of the Planning Commission's decision. 2. internal circulation signing program to direct patrons to the southerly parking lot across S. 180th Street be submitted with the building permit application and consumated prior to issuance of the Certificate of Occupancy. ATTACHMENTS A •- Letter of April 6, 1984 from the applicant requesting the extension. B - Planning Commission minutes of the May 12. 1983 public hearing. C - Revised Hydrotube proposal. D - Staff report dated March 24. 1983 for the original conditional use permit. RB /blk Public Meetings: CITY OF TUKWILA NOTICE OF PUBLIC HEARING AND MEETINGS TUKWILA PLANNING COMMISSION Notice is hereby given that the Tukwila Planning Commission has fixed the 25th day of April, 1984 at 8:00 p.m. in City Council Chambers of Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila. Washingotn, as the time and place for Public Hearing 84 -11 -R: Western Pacific Properties. Inc.. request for a rezone of 1.75 acres at 5900 Southcenter Boulevard from RMH (high density multiple family to P -0 (professional office). 83 -03 -CUP: Hydrotube at the Pavilion, request for extension of the conditional use permit., 83 -16 -CUP: Burlington Northern Railroad, review of slight changes to the approved conditional use permit. DR- 04 -84: Al .& Bernie Sanft. requesting approval of a concrete and metal warehouse building at approximately 6440 S. 144th St. DR- 06 -84: Gull Industries. requesting approval of expansion and remo- deling of an existing service station at.13435 Interurban Ave. S. DR- 05 -84; Western Pacific Properties, Inc.. requesting approval of a two story office building at approximately 13989 57th Ave. S. Published: Record Chronicle, April 15, 1984 April 6, 1984 City of Tukwila Attn: Rick Beeler Planning Department 6200 South Center Blvd. Tukwila, Washington 98188 Gentlemen: Bes regards, Marshall A. Stevens lh This letter is to formally request an extension of the Conditional Use Permit issued for the Hydrotube project at the Pavilion Outlet Center in Tukwila. Due to several extraordinary circumstances that were not foreseen by us at the earlier stages of the project; it has become necessary to extend the project beyond May 12, 1984, when the permit would expire. One, we have run into inordinately complex negotiations with the landlord on this project. We are certain that all differences will be resolved shortly. Secondly, and probably the most significant concern, is that we have been advised that the initial structural design is not the wisest way to proceed. This advise has come from various sources; including the landlord, the manufacturer of the Hydrotube itself (Design Works, Inc.), and several others. Consequently, we need additional time to re- engineer the project so that the tube will be supported by two columns rather than have any support come from the existing building (the roof of the Pavilion Outlet Center). This will assure greater safety for all involved. It will put less stress on the building and will facilitate removal of the equipment and tube structure when the lease expires. Our selected architect, Mr. John Shirley, AIA of Salt Lake City, is submitting with this request for extension the necessary drawings to indicate the type of changes we are requesting in the redesign of the support system. We trust you will give favorable consideration to this request. Should you have any questions in this regard, contact me at 503 - 293 -0683, Mr. Shirley at 801 - 363 -4202, or Mr. Stauffer at Reid Strutt 503 - 234 -5011. 1P4A5Cr (A\ 0 �c 7905 A �Q City' (f A s ti O Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor P L A N N I N G C O M M I S S I O N Minutes of the Tukwila Planning Commission regular meeting of April 28, 1983. held on May 12th, 1983. Chairman Kirsop convened the meeting at 8':15 p.m. Other Commissioners in attendance included Mr. Arvidson, Mr. Sowinski, Mrs. Avery and Mr. Knudson. Mr. Coplen was introduced to the Planning Commission as a newly appointed member of the Commission. Mr. Collins, Ms. Berry and Mr. Caughey were presentlon behalf of the Planning Department. APPROVAL OF MINUTES MR. SOWINSKI MOVED THE MINUTES OF MARCH 24, 1983 BE APPROVED. MOTION CARRIED. BOARD OF ARCHITECTURAL REVIEW .A. DR -2 -83, Hydrotube at the Pavilion: requesting design approval for. :• a hydrotube water slide to be located at the Pavilion Outlet Center, Southcenter Parkway at South 180th Street. Ms. Berry presented the staff report to the Commission. Chairman Kirsop adjourned the meeting at 8:45 p.m. to the Police Training Room for viewing the two video tapes of the hydrotube located at Eastport Mall in Portland, Oregon. The video films were provided by the applicant and staff. Chairman Kirsop reconvened the meeting at 9:00 p.m. in the City Council Chambers., Keith Vaughan,architect for the project, explained the design of the hydrotube including colors, wind resistance, and metal siding materials. Ms. Berry presented several slides of the existing Pavilion building as viewed • from the southwest and north sides. Mr. Collins inquired about method of lighting and provision of a drawing of the south elevation. Mr. Vaughan indicated a preference for moveable lighting avoiding contrast with bright spots on the hydrotube. . Mr. Jon Butters, Owner of Washington State Franchise for hydrotubes and prin- cipal owner of hydrotube proposed for the Pavilion, expressed favorable agreement with the staff report. Insurance rates have been reduced since the init$al hydrotube project. The tenant space lease with the Benaroya Company is for ten (10) years. Eventual goal is to create a water recreation theme indoor park. Initial plan is to use 6,000 square feet, gradually increasing the project size to 9,600 square feet. Visibility of the tubes is a key to the success of the project, similar to the golden arches for McDonald Ham- burgers. SA-4-111" PAGE -2- PLANNING COMMISSION( 7UTES April 28, 1983 Mr. Vaughan explained the effect of artificial and natural light playing on the surface of the tubes creating visual interest. General discussion occurred among the Commissioners regarding'reservations of the unscreened tubes, future impact of the project on the neighborhood and impact of structured parking on the design of the Pavilion. Mr. Vaughan suggested the metal supports could be reviewed for design aesthetics, noting it may affect the structure's resistance to wind. Mr. COPLEN MOVED THE PLANNING COMMISSION APPROVE APPLICATION DR -5 -83, CHOOSING THE SUBDUED COLOR SCHEME AND WEIGHT OF THE TOWER, AND STAFF RECOMMENDED CONDITION: WHEN THE HYDROTUBE IS VACATED OR ABANDONED FOR OTHER.THAN OPERATIONAL REPAIR OR MAINTENANCE FOR MORE THAN 180 DAYS, IT SHALL BE DISMANTLED, AND THAT OF THE PAVILION BUILDING SHALL BE RECONSTRUCTED TO . APPEAR AS IT DOES TODAY, PRIOR TO THE BUILDING OF THE HYDROTUBE. Colors were clarified as blue, torquoise and light grey. MOTION CARRIED. Mr. Arvidson explained his reasons for voting no. He is of the opinion that the project is not in concert with the neighboring building design. Mr..Coplen agreed with Mr. Arvidson and added concern for future long- - term image of the area. PUBLIC HEARINGS. A. 83 -3 -CUP, Hydrotube Recreation of Washington: requesting approval of a Conditional Use Permit to install an amusement center and commercial recreation including a hydrotube at the Pavilion Outlet Center, Southcenter Parkway at South 180th Street according to TMC 18.64.020(1) and (4). Ms. Berry read the staff report for reconsideration of application 83 -3 -CUP. Hydrotube at the Pavilion. MR. ARVIDSON MOVED THAT APPLICATION 83 -3 -CUP BE REHEARD. MOTION CARRIED. Chairman Kirsop opened the public hearing at 10:05 p.m. Mr. Butters affirmed that the staff analysis is very fair. Mr. Collins stated that the original staff report presents the issues and alternatives. The final SEPA determination places two conditions on the Decllration of Non - Significance. The design approval conditions would also be valid conditions to place on the conditional use approval. Mr. Chris Brown, traffic engineer for the Pavilion Outlet Center addressed traffic signal issues. PAGE-3- PLANNING COMMISSION Lf- April 28, 1983 Hearing no further comment from the audience, Chairman Kirsop closed the public hearing at 10:15 p.m. MR. ARVIDSON MOVED THE PLANNING COMMISSION APPROVE APPLICATION 83 -3 -CUP, ACCORDING TO EXHIBITS A AND B THEREOF, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE PLANNING COMMISSION SHALL RESERVE THE RIGHT OF ANNUAL REVIEW OF THE CONDITIONAL USE.PERMIT. 2) PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS, THE APPLICANTS SHALL PROVIDE A SUMMARY ANALYSIS OF TRAFFIC SIGNAL PHASING IN THE VICINITY OF THE PAVILION OUTLET CENTER WHICH WILL ANALYZE THE EFFECTS OF INCREASED TRAFFIC GENERATED BY THE PROPOSED WATERSLIDE ACTIVITY AND WHICH WILL SUGGEST MODIFICATIONS OR IMPROVEMENTS AS NEEDED. MOTION CARRIED. Chairman Kirsop adjourned the meeting for a short break at 10:35 p.m. Chairman Kirsop reconvened the meeting at 10:40 p.m. in the City Council Chambers. 83 -5 -CUP, Red Robin Restaurant Amusement Center: request g approval for Video game amusement center In the Red Robin.Resta -nt located on Southcenter Parkway, according to TMC 18.64.020(1). Ms. Berry -.d the staff report. Chairman Kirsop •ened the public hearing at 10:45 p.m Hearing no comment from the audience, hairman Kirsop closed the public earing at 10:46 p.m. Staff noted that earlie in the meeting Ms. Fran • e Hayes, manager of the Tukwila Red Robin had bee •resent in the audi- ce. MRS.' AVERY MOVED THE PLANNING VIDEO GAME AMUSEMENT CENTER AT FOLLOWING'CONDITIONS: 1) BUSINESS. HOURS FOR THE VID MOTION CARRIED. WITH RESTAURANT HOURS OF ENERAL 2) THE PLANNING COMMISS THE CONDITIONAL US MAY MODIFY OR REV SECTION 18.64. PUBLIC SAFETY CENTER ARE MMISSION . ^LICATION 83 -5 -CUP TO OPERATE A T RED R•:IN RESTAURANT, SUBJECT TO THE AMUSEMENT CENTER SHALL COINCIDE LIC ADMITTANCE. SHALL RESERVE RIGHT OF ANNUAL REVIEW OF ERMIT AS APPROVED. .E PLANNING COMMISSION THE CONDITIONAL USE PE T AS PROVIDED IN 0 • OF THE TUKWILA MUNICIPAL COD- IF SUBSTANTIAL MPACTS RESULTING FROM OPERATION •0 IDEO AMUSEMENT UND. Mr. Arvidson .nd Mrs. Avery noted that the outdoor table umbrellas at Red Robin • =y be in violation of the sign code. .R -1 -83, Fewel Office Building Site Plan Revisions: requesting design approval for a site plan revisions to their office building previously approved February. 1983. •MINNII. •■•••• Dopiter Architects A Manors Wic., P.S. IM Ws ma In SWIM orno 1 0' N :t mackniaht•stirley •timmerrr, architects A. 3 170 west 500 north sat tie at utal 363-4202 • ....A- — • • / / 4 < iti 4 > IP_ i 11.4 a 't 1 I „ I; • • \ • tirpitmd" — a 1 project .1h4de tube ') TUKW I LA,WA.rdHINGTON cD °ate revstons, t� s oai i k•par 3dj. flot.bpsiztio, A►alslxi )4 .rl•r+wdrlz'o cA4.1sllr3 crafmmrJ , s; J 7 osAisa :assort Nbva lna m01n4J sLxa y :aavrrvou stn] CAL o t • 1.141/4117r#1 9SIS :90310# A uv Iv! • 1NJnndtc*!' $ 96o : %AL.* .94.- 'SNiXm qQJ 4•V :mwo I haw: ass 7 314. la aaldoN sv aao° cava•Irra CNOdt {Ip : 8CO2 •30-2'90 •q1 1WOiJ.V A'II 1vrintrriv.,10 a# ( g Arn.oa- 22 011 111A.ra.1 acp Thel ovihoWn )41 rn17944vsl1,3cotid • 4 114 1 1402 • seloN p hT1 fU v - t-4Yld 4Ja71d • I l 3I IINvizaw" fitrIJ NO] r r m I ' ' 'I I • 14, 1•I I a IlM IIN 1• IN rY M11 • - ._ YIN Dssnsr Architects • Mennen s Mc, P.S. II I - Ir. I t 3 r macknight ' shirley ' timmerman architects A • 2 PO west 500 north scat de dty, utct 8403 801363 -4202 ‘1/,, t I 1P. a I. • • pra;ect . Ndrrotub TUKWILA,WASHINGTON dote rev,srcns FINDINGS: CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 'xch 24, 1983 AGENDA ITEM IV) A 83- 3- CUP-- "Hydrotube" at the Pavilion PROPOSED ACTION: The operators of the Pavilion Outlet Center) are_requesting approval - a conditional use permit to develop.a commercial recreation/ amusement center as a tenant within the Pavilion complex. The focus'of the recrea- tion center is to be called a "hydrotube;" it is an enclosed water -slide amusement ride through a fiber• -glass structure which is . ... accessed by an enclosed stairway through the roof of the Pavilion, and which terminates .... 'in a swimming pool at the lower level of the building. Other activities within the amusement center may include smaller "pool rides in which youngsters are allowed to climb on and play with fanciful animal characters surrounded by shallow water wading pools. A'food concession and video - game space is alsi planned, along with changing rooms for hydrotube patrons. . 1) This .part of .the. Pavilion Outlet .Center is _ zoned C -2 ( . business) ; TMC 18.30.040 provides for operation'of general commercial uses in the C -2 zone. • - a., 2) Section 18.64.0200). requires (general conditional .use .permit approval . :f1or commercial recreational fields and clubs. As'a rec'reational.facility the hydrotube was determined by staff to have similar use characteristics and therefore be subject to the conditional use process. Considered •as an :. amusement center instead of a commercial recreation. facility, Section .. . 18.64.020(1) also requires_a general conditional:use 3) The proposed water -slide recreation facility will be located on the ground floor in a now- vacant tenant space at the west side of the building (immediately north. of "Bergman Luggage "). A portion of the tube structure and an enclosed stairwell tower will extend above the roof of both the • "hydrotube" and "Bergman" tenant spaces and will be prominently visible. (SEE, informational exhibit). 4) Access to the hydrotube tenant space will be provided directly -from the mall during regular Pavilion hours. A secondary entrance directly through the west wall of the building will be provided so that the facility may operate after regular shopping center hours. Page -2- 83-3- CUP-- "Hydrotube" t ,the Pavilion • March 24, 1983 5) In November, 1982, the Planning Commission approved a conditional use permit for a cooperative parking facility to serve the Pavilion Outlet Center. The agreement authorizes the placement of a maximum 500 stalls at 57th Avenue /South 180th intersection for offsite use. i t y .• 6) Health regulations for operation of the hydrotube and its auxiliary pools { (,rr < <; are prescribed by the department of social and health services according to k �", state statute (RCW 70.90). DISCUSSION: TMC Section 18.64.050 specifies'five criteria to be used by the Planning Commission in its evaluation of a conditional use permit application. We offer the following response to each criteria: (1) The' pnopoded use wLU not be mate.n a.Uy de n imenta.. to the public • .we rake on .Ln.jut i.ous to the pnopeAty on .cmpnovemenis in the vicinity ob the pno pob ed use on .c:n. the d,i,a r i ct . n which the h ub J ec t pno pent y L situated. Response: The question of detrimental impacts probably has a more direct correlation with the appearance of the exposed hydrotube facility than with its actual use as a youth- oriented recreation facility. The applicants are in the process of preparing an extensively - detailed submittal to the Board of Architec- tural Review for the April agenda. Until then, the Commission should limit the scope_of its inquiry to the use of the facility apart from matters concerning its visual appearance. As we see it, the Pavilion complex is relatively isolated geographically from other uses in its vicinity. It is adjoined on two sides by warehouses, and is separated from the nearest developed businesses on the other two sides by hundreds of yards. Accordingly, we anticipate that adverse . impacts from the facility, if any should later appear, will be contained within w the Pavilion's own boundary and will product no harmful off -site effects. (2). The ptc.opo.a ed u.la a chaft meet on exceed the pen onmance ata.n.danda that ane requited in the district it wilt occupy. Response: Staff has reviewed the project in regard to the dimensional standards of.the C -2 zoning district, including the distance of the stair tower from the edge of the parapet wall, and finds that they have been met or exceeded. (.3). The pnopo,aed deve..opment shag be compa -ib.Ce genena...y with the .awvt.ound.ing ..and uses in terms: o t1ia“.ic and pedes ✓t,i.an c acutati.on, bu 2ding and b to dea. i.gn; . Response: Since the proposed recreation facility is contained entirely within the existing wall -line of the Pavilion'complex, there is no expected impact on the adequacy of existing circulation system components. In regard to parking, however, the facility presents an interpretive dilemma which must be resolved not so much for the sake of safety as for proper housekeeping of our records covering the Pavilion's cooperative parking facility. Page -3- 83-3- CUP -- "Hydrotube" ( he Pavilion • March 24, 1983 • Provision 2 of Exhibit 2 to the recorded property use and development agreement implementing the cooperative parking facility notes that 740 parking stalls are required for the Pavilion. Of that number, 518 stalls are provided on site with 222 more located on the leased property across S. 180th St. The 740 -stall requirement was calculated under the assumption':that the: entire•'.P.avilion 'Center would develop as a retail outlet with certain area denoted to food service. However, the manner in which this facility is expected to attract patrons suggests two alternative methods for calculating parking requirements, thus affecting the sum of "surplus" parking space noted in the cooperative parking agreement. - Alternative 1: "Hydrotube" as a retail space Assumption: Parking Calculation: 9,600.square feet retail area @ 2.5 spaces /1000 s.q.g.f.a. = 24 spaces (already included in the original 740 sp. total) Rationale: ..The consumer draw of the hydrotube facility is basically the same as that of any other merchant in the Pavilion Outlet Center. The majority of hydrotube visitors are presumed present for the generalized shopping experience at the Pavilion; they are not coming to the Pavilion soley to play at the hydrotube. Included in this description are family units in which the children are *left at the hydrotube for play activity while the adults shop; the family unit is still making a single, diversified trip to the complex. • - Alternative 2: "Hydrotube" as a place of public assembly Assumption: That the majority of customer patronage of the•hydrotube facility is self - generated and distinct from that of other merchants in the center. Parking Calculation: Based on occupancy of the main floor space @ 15 sq. ft. /person (9600 square feet) = 640 persons ;- 4 (1 sp. per four occupants) _ . • 160 spaces • Rationale: The visual and activity characteristics of the hydrotube facility are so unique as to attract significant participation from persons who will travel to the Pavilion only for that purpose without regard for other merchandise or services offered at the complex, except for incidental or impulse spin -off trade. If this approach required for the (740 sps. - [p.6 parking space to to approximately That the majority of customers patronizing the hydrotube facility are present as patrons of other merchants at the Pavilion. to parking allocation is chosen, the minimum number of spaces complex will increase to 876, derived as follows: x 2.5] + 160 = 876 sps.). Thus, the "surplus" of available the. Pavilion through the cooperative parking agreement is reduced 152 spaces. Page -4- 83-3- CUP -- "Hydrotube" March 24, 1983 (4) The pn.opo.sed use bhatt. be in keeping with .hi goats and pa!i.ei.ed of the comph.ehensive Land use policy pJ an; Response: It is the stated intent of the Pavilion Outlet Center's management to implement the hydrotube project as a means of enhancing the competitive position of the center within the south county retail environment by introducing an element which is visually unique and which offers the opportunity for physical activity appealing to a diversified age group. By so doing, the Pavilion hopes to attract additional patronage of its retail merchants and other services. While the Comprehensive Plan does not speak directly to the provision of privately - operated recreational. facilities in Tukwila, Objective 3, Policy 1. of the "Commerce" element encourages "uses which are supportive to retail areas to strategically locate in or near those areas." It seems to us, therefore, that the Pavilion's marketing strategy relative to the Comprehensive Plan is correct and appropriate, and may produce additional spin -off business activity for other retailers in the Parkway Plaza area. 15) Ate measusce4 have been taken to minimize the poab,ib!e advet e impact's' which the pn o pob ed use may have on the area in which Lt £a Located. ted. Response: a) Health: Regulation of public pool hygiene is the province of both state• and county agencies; strict compliance by the hydrotube operators is assumed. •b) Security: The proposed floor layout indicates that internal foot traffic will be carefully controlled to avoid conflict between wet and dry customers, and to prevent theft of valuables from the changing rooms. Floor attendants will be on duty to enforce safety rules. Hours of Operation: This is an aspect of potential adverse impact depending on the Commission's viewpoint. As mentioned earlier, the operators wish operate the hydrotube after regular mall hours, until approximately midnight on Saturday and eleven p.m. weeknights. Discussion of the extended hours of operation evoked no significant concern from our Police Department which reports that security incidences are already below expectations at the Pavilion. Nonetheless, the Commission may wish to discuss with the applicant contingency plans for control of loitering near the facility and reduction of the facility's attractiveness as a site for truancy. Fire Exiting and Safety: An analysis by the Tukwila Fire Department of the facility's layout, exiting routes and occupancy load will be presented verbally-at the public hearing. CONCLUSION: the Pavilion At the "Eastport" shopping center in'Portland, Oregon, a hydrotube amusement ride similar to the one which is proposed under this conditional use permit action has been in operation for several months. Staff plans a field visit to the site prior to the public hearing to prepare a videotape of the facility's operation which we plan to present for your review. We regret that our field rage -- 83-3- CUP-- "Hydrotube" March 24, 1.983 the Pavilion observation could not be included in this report prior to press time; however, we hope that a visual presentation in concert with the staff report will enhance your understanding of this unique and complex proposal. Again, however, we ask the Commission to rule only on the aspects of land use at this time, deferring considerations of design and aesthetics to the B.A.R. application anticipated next month. Staff recommends approval of application 83 -3 -CUP, according to Exhibits "A" and "B" thereof, subject to the following conditions: Exhibits A and B of this application are approved insofar as they suggest the general layout, scope -of- operation and scale of the proposed recreational facility. Further refinement or modification of either exhibit may result from future analysis of this project by the Board of Architectural Review or by city staff. 2) The Planning Commission shall reserve the right of annual review of the Conditional Use Permit as provided in Section 18.64.070 of the Tukwila Municipal Code. If substantial public safety impacts resulting from operation of the commercial recreation center are found, the Commission may revoke or modify said conditional use permit as necessary to mitigate such public safety impacts. Optional. Condition 3): ,3) Parking required.for the hydrotube project shall be calculated on the basis of a "place of public assemYily." The total number of parking stalls required to serve the project is 876. Accordingly, provision 2 of Exhibit 2 of the property use and development agreement recorded under Auditor's File 8301030384 shall be amended as follows: MC /blk (2) A total of .74A 876 parking spaces shall be.required to serve the Pavilion Outlet Center. Of that total, 518 spaces shall be provided on the Pavilion site proper. At least q22 358 additional spaces, but no more than 500 additional spaces shall be provided at the southeast quadrant of 57th Avenue South and South 180th Street by lease agreement in accordance with the terms of City of Tukwila Conditional,Use Permit 82 -20 -CUP. Exhibit A - Floor Plan Exhibit B - West Elevation Exhibit C - InformationalNW.View .HYDROTUBE. LOCATION PAVILION HYDROTUBE AT THE PAVILION SITE PLAN SGAL I - 100 VAUGHAN 6° Keith Vaughan 3136 Gs( Madam(' AsSOC1ates Swank: Wafhmyli,in yell? At chllec1S ( ?O6) 321 BJSS WEST ELEVATION SCALE Ur— 1 ( • - r , • • r( i * .. A 1-- T A Keith Vaughan 3136 Eau sAaota..vi Associates . Seam. Vtiasrkivron Set 14 Architects • MO 324 Depose Architects • Planners .I P.S. Ina me 4.4.•4 11.06M411 •W44. warm. MIM • mackniaht • shirley • timmerman crchitects A. 3 170 west 50.7 rath sat be ofy. utch 8403 801363.4202 A 3 77 1 , a _ . /.. ✓ / r � li " \� • �. 4 amt - h44id o ub© TUICWILA,WASHINGTON y 4 fr ote relnstons Now Atchf.ct* • Planners ttic.. P.S. It. '106 001100111 •••■ ••• Yaw sheet mackniaht • shirley • trnmerman architects A. 3 170 west 503 rath sat lase aty. utch 8410X3 801363.4202 I g m prclect l - 7 1 '1 . \ A 1 i 11 i i • >, d ` 1 fi t i • - - D - � � �1 A .NVII otsub© TUKWILA,WASHINGTON CG al e. re'PSiOf15 N,N1Lq X 1908 RB /blk i City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L. VanDusen, Mayor We wish to avoid any last minute panic by ensuring the Hydrotube CUP is being processed correctly and in proper, sequence. Therefore, please con- firm in writing your earlier opinion. MEMORANDUM 'TO: JOHN WALLACE, CITY ATTORNEY FROM: ' c eeTer DATE: March 29, 1984 SUBJECT: Hydrotube Conditional Use Permit 83 -03 -CUP Last week I spoke with you regarding the process for extending the above CUP which expires May 12, 1984. TMC 18.64.060 specifies the renewal proce- dure. Your advise was that the procedure was satisfied and the applicant vested rights to such application by merely submitting a written extension request on or before May 12, 1984. A Planning Commission meeting on the matter could be subsequently scheduled to a time when specific drawings are available. You may recall that the Hydrotube is being redesigned (mostly internal structure), and that drawings will not be available by May 12, 1984. You may not be aware that their existing building permit application was allowed to expire on March 22, 1984. JAMES A. MURPHY• . JOHN D. WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM•• WAYNE D. TANAKA G. GEOFFREY GIBBS/ LARRY C. MARTIN ROBERT G. ANDRE: MICHAEL G. WICKSTEAD OF COUNSEL RAYMOND D. OGDEN. JR. RAYMOND D. OGDEN 11876.19721 RONALD A. MURPHY 11930.19831 Mr. Phil Fraser • City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Dear Phil: LCI:lrd LAW OFFICES OF OGDEN, OGDEN & MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE. WASHINGTON 98121 12061 622.2991 March 20, 1984 E -■ y U Re: Hydrotube Building Permit You inquired of me to provide an opinion upon whether to issue a building permit for the above development at this time. You indicated that from an engineering standpoint, the appli- cant had met all conditions with one exception. This exception is an easement which remains to be granted to the City to go upon certain private property to perform sidewalk improvements. It is anticipated that this easement will be granted to the ' City in the•near future. There appears to be no reason why the City cannot grant a conditional building permit to the applicant at this time. The permit can be granted upon the condition that the neces- sary easement be granted within a•certain time period. If that easement is not granted within the time period, the building'permit would then be deemed lapsed. I would suggest 30. days as an.appropriate time period for this easement to be finalized. The further along the applicant is in construction, the more difficult it will be to terminate such in case the condition'is not met. Very truly yours, �E.cAtcL cL - Laura C. Inveen OGDEN, OGDEN & MURPHY MARK A. EAMES R. MARK ALLEN STEVEN A. REISLER LAURA C. INVEEN CHRISTOPHER A WASHINGTON JAMES E. HANEY ROSEMARY P. BORDLEMAY SUE E. FREEBORN • ALSO ADMITTED IN CALITOANW •• ALSO ADMITTED IN DISTRICT 0 COLUM.IA t ALSO ADMITTED IN MONTANA ALSO ADMITTED IN COLORADO. NEW TORA AND NEW JERSET ▪ ALSO ADMITTED IN WISCONSIN Jack A. Benaroya Company 5601 Sixth Avenue South, Seattle, WA 98108 (206) 762 4750 March 13, 1984 Brad Collins Planning Director City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Hydrotube at the Pavilion This will confirm the results of our meeting on March 9, 1984. Present were Brad Collins, Rick Beeler, Byron Sneva, Phil Frasier, Keith Vaughan and Joel Benoliel. We agreed that, under the existing Conditional Use Permit (82 -20 -CUP), allowing for the use of an off - premise parking lot for the Pavilion, there is no shortage of parking stalls created by the Hydrotube. We further recognized that, at such time as the Hydrotube opens for business, if the City's . planning department observes any resulting traffic congestion or parking problems, you will have the option under the provisions of the Property Use and Development Agreement dated December 21, 1982 (Revised) to require that we conduct an appropriate study of the problem and implement reasonable solutions. This may include necessary revisions to traffic channelization and signal phasing. We further agreed that there exist no further requirements in order to release the building permit for the Hydrotube. Joel Benoliel Vice President cc: 'Rick Beeler, :Plann ng Byron Sneva, Public " Works Phil Frasier, Public Works Keith Vaughan, Architect mon [1AR. 15 1984 CITY GF TUl,'..ILA PLANNING DEPT. INDUSTRIAL PARKS /WAREHOUSES /OFFICE BUILDINGS /SHOPPING CENTERS AND SPECIALIZED MERCHANDISE MARTS. Jack A. Benaroya Company 5601 Sixth Avenue South, Seattle, WA 98108 (206) 762 4750 February 28, 1984 Philip R. Fraser Public Works Department City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Enclosed please find a Curb Cut Agreement which was prepared by Michael Andrews, attorney for the Schoenbachlers, on the basis of our previous discussions. In effect, he has adopted the City's proposal (see paragraph 2) that the curb cut would be deemed "existing" when our current use of the property ceases. I also enclose a letter from me to the City which I have been holding pending resolution of the Schoenbachler sidewalk easement issue. Our position is that we have now fully resolved all the requirements of the City in order to obtain release of the building permit for the Hydrotube and a final occupancy certificate for the Pavilion. To the extent of any further delay attributable to a dispute between the City and the Schoenbachlers over the curb cut issue, we are not in . a position to do anything further. Therefore, this cannot be a lawful reason to withhold issuance of any permit, it being strictly within the City's control to resolve the remaining issue. Please advise me promptly as to when the Hydrotube may pick up its permit. Delays are extremely costly and must have a legal justification or the City may expose itself to a claim by the injured parties. Joel Benoliel Vice President cc: Michael E. Andrews Robert Schoenbachler INDUSTRIAL PARKS/WAREHOUSES/OFFICE BUILDINGS /SHOPPING CENTERS AND SPECIALIZED MERCHANDISE MARTS. • C Jack A. Benaroya Company 5601 Sixth Avenue South, Seattle, WA 98108 (206) 762 4750 January 23, 1984 This will confirm that we remain obligated,' willing, able to complete . the traffic study pertaining to the crosswalk at South. 180th Street serving the Pavilion. We will do so promptly upon notice from the City that the sidewalk on the south side of the street has been completed in accordance with the City's previous agreement with M.A. Segale Co. Philip R. Fraser Public Works Department City of Tukwila 6200 •Southcenter Blvd. Tukwila, WA 98188 Joel Benoliel Vice President INDUSTRIAL PARKS /WAREHOUSES /OFFICE BUILDINGS /SHOPPING'CENTERS AND SPECIALIZED MERCHANDISE MARTS. CURB CUT AGREEMENT This agreement ( "Agreement ") is made and entered into by and between the CITY OF TUKWILA, a municipal corporation of King County, State of Washington ( "City "); and ROBERT W. SCHOENBACHLER, a married man, as his separate property, HERMAN SCHOENBACHLER and RUTH SCHOENBACHLER, husband and wife (jointly and severally "Schoenbachier ") as of the day of February 1984. Recitals City and Schoenbachier entered into that certain agreement concerning L.I.D. No. 13, dated March 16, 1970 ( "L.I.D. Agreement "), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. Pursuant to the L.I.D. Agreement, City installed a forty -foot (40-ft.) curb cut providing vehicular ingress and egress from South 180th Street in the City of Tukwila, Washington and onto real property owned by Schoen- bachier within the City of Tukwila at a location on such property designated by Schoenbachier. After the date of the L.I.D. Agreement, Shoenbachler leased the property referred to in the L L. I . D . Agreement to Jack A. Benaroya ' Company, a Washington corporation ( "Lessee "), for use as a parking lot. In connection with Lessee's u of said property, the curb cut was temporarily eliminated by. Lessee and without the prior agreement, express or implied, of Schoenbachier. City desires to enter into a "Sidewalk Easement" over a portion of the property which is the subject matter of the L.I.D. Agreement. ' A copy of the "Sidewalk Easement" is attached hereto as Exhibit B and incorporated herein by this reference. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings of each of the parties hereto, it is agreed as follows: 1. City acknowledges, 'reaffirms and agrees that the L.I.D. Agreement . continues in full force and effect and has not been modified, waived or in any. way altered by any act of any party, course of conduct of any party or other event, since the date of its execution. 2. If, as and when the current use of the subject property as a park- ing lot by Lessee ceases and Lessee goes out of possession of the subject property, then the access originally installed by City for curb cut from South 180th Street to the subject property, at the option of Schoenbachier, Schoen - bachler's successors in interest or assigns, shall be reinstalled by City for vehicular ingress and egress to and from South 180th Street over the .subject property, without the requirement of any further approval of City. Upon such reinstallation, such original access and curb cut shall be deemed by City to be, and from the date of the L.I.D. Agreement always to have been, "exist- ing" for purposes of any further development of the subject property. 26MEA /BB 3. All correspondence by City concerning; and all positions taken by City concerning, the curb cut, conduct of Schoenbachler, Lessee or any other party, the L.I.D. Agreement or any other matters concerning - the subject matter herein are superseded and replaced by this Agreement. 4. In . consideration for the covenants, agreements and undertakings of City set forth herein, Schoenbachler agrees to execute the Sidewalk Easement, a copy of which is attached hereto as Exhibit B. 5. This Agreement may be amended or modified only by a writing signed by all parties hereto, their successors in interest or assigns. 6. In the event of litigation arising out of the enforcement of this Agreement, the nonprevailing party shal pay the reasonable attorney's fees• and costs of the prevailing party. • and effective as cif the date set forth above. CITY OF TUKWILA,. a Municipal Corporation of King County, State of Washington By Mayor HERMAN SCHOENBACHLER RUTH SCHOENBACHLER ROBERT W. SCHOENBACHLER EXHIBIT .• A • AGREEMENT This is an agreement between the City of Tukwila ("City") and Herman Schoenbachler, ("Schoenbachler"); RECITALS: 1. City desires a portion of Schoenbachler's real prop- , erty for utility and improvement purposes for L.I.D. NO. 15 2. Schoenbachler desires a curb cut. In partial consideration of the conveyance of the real property to the City of utility and improvement purposes, it is agreed: • 1. The City shall install within five years from date of this agreement a forty foot (40') curb cut on real property owned by Schoenbachler within the City of Tukwila. 2. Schoenbachler furnish the specific location of the forty foot (40') curb cut to the City in writing addressed to the Mayor, City of Tukwila, City Hall, Tukwila, Washington. • 3. Schoenbachler agrees to furnish written notice requesting the placement of said forty foot (40' curb cut and the City agrees to install the curb cut within thirty (30) days from receipt of the notice. 4. City agrees to drain the area in the northwest corner of the Schoenbachler property at 57th South and South 180th 3. Street by the installation of adequate drainage pipe. DATED this !.day of 1970. • CITY OF TUKWILA, a municipal corporation THIS EASEMENT made this day of January, 1984, by HERMAN SCHOENBACHLER and RUTH SCHOENBACHLER, husband and wife, ROBERT W. SCHOENBACHLER, a married man, as his separate property, and JACK A. BENAROYA COMPANY, a Washington corporation, hereinafter "Grantors ", in favor of the CITY OF TUKWILA, a municipal corporation of King County, State of Washington, hereinafter "Grantee ". For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, receipt of which is acknowledged, Grantors grant, sell, convey and confirm to Grantee, its successors and assigns, an easement for the maintenance and repair of a public sidewalk over and• across that portion of the most northerly part of the property described in Exhibit A attac5ed hereto that is occupied by the existing concrete sidewalk at that location. Grantee shall have the right without prior institution of suit or proceeding at law, at such times as may be necessary, to enter upon said property for the purpose of maintaining, repairing, or reconstructing said sidewalk, without incurring legal obligation or liability therefor; provided, that said maintenance, repair or reconstruction of the sidewalk shall be accomplished in such a manner that no improvements on said property shall be damaged or destroyed. In the event that any of said improvements will be disturbed, damaged or destroyed because of any such work, they shall be replaced by Grantee in as good a condition as they were immediately before the property was entered upon by it. Grantors reserve all of their rights, whether now existing or hereafter acquired, to use said easement property for any purpose which does not interfere with the purposes for which this easement is created. This shall be a covenant running with the land and shall be binding on Grantors' successors, heirs and assigns. If said sidewalk will hereafter be removed by Grantee or by anyone else with the permission of Grantee for any reason other than as an incident to the repair or reconstruction of the sidewalk, this easement shall automatically terminate at that time. EXHIBIT ....LZ. SIDEWALK EASEMENT HERMAN SCHOENBACHLER RUTH SCHOENBACHLER ROBERT W. SCHOENBACHLER JACK A. BENAROYA COMPANY % 21 A. Benaroya President STATE OF WASHINGTON COUNTY OF KING On this day of January, 1984, personally appeared before me HERMAN SCHOENBACHLER, RUTH SCHOENBACHLER, and ROBERT W. SCHOENBACHLER, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. STATE OF WASHINGTON COUNTY OF KING ) ) ss. On this CA/ day of January, 1984, personally appeared before me JACK A. BENAROYA, to me known to be the President of Jack A. Benaroya Company, the corporation that executed the within and foregoing instrument, and . acknowledged . to me that he was authorized to sign the same on behalf of the corporation as its free and voluntary act and deed for the uses and purposes therein mentioned. NOTARY PUBLIC in and for the State of Washington, residing at VI aia, /Ctztiz- ---- NOTARY PUBLIC in and for the State of ; Washington, residing at y V. . ' EXHIBIT A Those portions of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter, all in Section 35, Township 23 North, Range'4 East, W.M., in King County, Washington, more particularly described as follows: Commencing at the northwest corner of the said southwest quarter • of the northeast quarter; thence S 88 °54'46" E along the north line of said subdivision, 449.30 feet; thence S 01 °05'14" W, 36.0 feet to the southerly margin of South 180th Street and the true point of beginning; thence continuing S 01 °05'14" W, 365.78 feet; thence N 88 °54'46" W, 424.89 feet; thence S 86 °58'00" W 103.76 feet; thence S 58 °20'50" W 74.23 feet to the easterly margin of 57th Avenue South (Southcenter Parkway); thence N 08 °43'18" E along said 'easterly margin, 316.06 feet; thence N•14 °46'53" E along said 'easterly margin, 63.77 feet; thence on said easterly margin along a curve to the right having a radius of 50 feet through a central angle of 76 °18'21 ", an arc distance of 66.59 feet; thence S 88 °54'46" E along the southerly margin of said South 180th Street, 485.16 feet to the true point gf beginning. Keith Vaughan Associates Architects 15 February 1984 City of Tukwila Building Department 6230 Southcenter Blvd. Tukwila, WA 98188 Attn: Ms. Lorraine Cronk Re: Hydrotube at the Pavilion Dear Ms. Cronk, This afternoon Christopher Brown P.E., our traffic engineering consultant for this project, delivered a study and report of the traffic and parking at the Pavilion Outlet Center to Phil Fraser at the Tukwila Department of Public Works. The study details the impact of the Hydrotube on the parking, traffic flow and signals and pedestrian movement. We are in hopes that all concerns the City may have regarding this project will have been answered now. I would appreciate having a copy of the Conditional Use Hearing and approval requirements sent to us as apparently our office was not on the list to receive notification when the Conditional Use was granted. If there are any further requirements which must be met before we receive the building permit, please inform me or Chuck Corwin by telephone immedi- ately as we need to receive the permit and start construction before our clients are hurt any further by delays. I'm sure you understand the urgency which has been built up by now and I'll appreciate anything you might do to expedite this matter. Thanks very much, aA'■- Keith Vaughan, AIA KV /gv cc: Jon Buttars Jack Davis Owen Hall Lumpkin, Inc. Keith Vaughan, Member American Institute of Architects 3136 East Madison Seattle, Washington 98112 (206) 324 -9355 RECEIVED CITY OF 503 1:: 1984 BU%LD6NG Den Hydrotube @ Pavilion Outlet. Cent c ydrotube @ Pavilion Outlet Center • Traffic Study TABLE.OF CONTENTS Purpose' Scope Data Collection Data Delimitations Data Synopsis Tukwila "Hydrotube" Trip Generation Tukwila "Hydrotube" Parking Directional Design Hour Volumes Conclusions LIST OF FIGURES LIST OF TABLES 1. Turning Movements (Saturday, Noon -1:00) 6. 2. Turning Movements (Saturday, 3:OQ- 4:00) 7. 3. Peak Hour Traffic Distribution 10. 4. Directional Design Hour Volumes I. Vehicle Occupancy II. Vehicle Occupancy - Riders With Swimming Gear III. Variation in Demand by Day of Week IV. Variation in Demand by Month of Year V. Attendance at the East Port Hydrotube VI. Parking Accumulation - Saturday VII. Parking Accumulation - Sunday VIII. Tukwila Hydrotube Parking Demand 1. 2. 3. 9. 9. 10. 11. 12. 3. 4. 5. 5. B. 9. 9. -1- Hydrotube @ Pavilion Outlet Center Traffic Study Purpose The purpose of this traffic study is to make an assessment of the traffic and parking demands of a proposed "Hydrotube ", an enclosed water -slide type of recreation facility to be located in the Pavilion Outlet Center, an existing shopping mall situated in the southern sector of the City of Tukwila, King County. Scope The scope of'work includes: 1. A traffic operations field study of an existing "Hydrotube" presently in operation in a shopping mall in Portland; Oregon with comparable types of shops: 2. Field studies during a Saturday, Sunday and a weekday to gain data on current traffic demands on the main arterial roadway and at the key intersection serving the proposed "Hydrotube ": 3. Field studies of current parking supply and demand at the Pavilion Outlet Center in order to assess the adequacy of parking supply for accomodating the imposed traffic or parking "load" that may take place as a consequence of the project: 4. Determining the adequacy of current signal operations at the intersectoon of S. 180th Street and Southcenter Parkway to determine if signal system modifications, signal timing revisions or other actions are necessary for handling potential, induced traffic: 5. Prepare a final report describing the study findings, • conclusions and recommendations (if any) for architect and agency review. Data Collection Data collection included a review of the financial summaries of a comparable facility, a 2 tube "Hydrotube ", in Oregon. This data was used for gaining the following information. Variation in Demand by Month of Year Variation in Demand by Day of Week • On -site observations were also conducted at three shopping centers on the Portland area. The first was at "East Port Plaza ", a shopping mall with a 2 -tube "Hydrotube" in operation. Observations at this location were to'obtain 'estimates of: Vehicle Occupancy persons per vehicle Trip Purpose 1. Exclusively to "Hydrotube" 2. "Hydrotube" plus shopping Observations at the other two shopping centers, Fred Meyer and Mall 205, were to determine if there was any significant difference in vehicular occupancy rates among the three types of shopping centers. Last, parking accumulation and peak hour turning movements were observed at the Pavilion Outlet Center on a Saturday and_a Sunday. Intersection turning movements were obtained at the intersection of Southcenter'Parkway and S. 180th Street on a Saturday, Sunday and a Monday in order to obtain appropriate traffic operations data'for analysis purposes. • Data Delimitations In all cases, data collection was at the end of January, 21st thru 30th, a time when shopping may not be as heavy. as at peak periods such as Labor Day, Washington's Birthday, Thanksgiving weekend, and the pre - Christmas period. However, on all occasions the weather was fine and sunny and it appeared that.there was a lot of activity in the various shopping centers. Thus,: the data, while not "peak period" data, is nonetheless "average" data and may be used for design purposes. subject to appropriate consideration for ,peaking influences. It may also be noted that the key shopping center for data collection, "East Port Plaza ", has a slightly different set of retail shops including some major tenants. Among the shops represented in "East Port Plaza" are: -2- • Penny's Newberry Jay Jacobs Walden Books High & Mighty System Seven King's Table Smorgasboard Marvyn's G.I. Joes Kinney Shoes Learning Place Frederick's of Hollywood The Tanning Salon Last, there are a number of competing shopping malls in the Portland- Vancouver metropolitan area that have "hydrotubes" or water slides as a part of the facility. This is not the case in this area, at the moment. chrikp pher brc wn p 9688 rainier aUenuc a We wwhin ton lei 7234567 `''98118 shown below. Vehicles Persons Data Synopsis The vehicle occupancy rates for the three . shopping centers are Occupancy East Port Mall 205 Fred Meyer Driver Only 63 63 69 Driver + 1 71 92 60 + 2 16 16 22 +•3 • 15 9 4 + 4 2 0 0 + 5 '0 0 0 + 6 1 0 0. + 7 0 0 0 0 + 8 1 0 • 0 Occupancy Rate Table I Vehicle Occupancy 169 180 ' 155. 325 331 271 1.92 per /car 1.84 per /car 1.75 per /car Note was also taken of cars whose riders had "bags or loose towels & swim suits ". Although a small sample, under 30, the data is shown for reference purposes in that it suggests a family type of recreational outing. -3- Table II Vehicle Occupancy - Riders With Swimming Gear Occupancy Cars, Frequency Persons Driver Only 0 0 Driver + 1 0 . 0 + 2 2 4 + 3 . 2 6 + 4 5 20 + 5 4 •" 20 Totals 13 50 Occupancy Rate 50/13 = 3.85 persons /car -4- Probably, it is the higher occupancy rate due to the "Hydrotube" that made the occupancy rates higher at the East Port Plaza than the at the other shopping malls. For example, it is probable that the vehicles with four, six and eight•passengers per car as shown in Table I were destined to the "Hydrotube" although whether or not the passengers were carrying swimming gear could not ascertained due to the location where the vehicle(s) were finally parked and where passengers where discharged.• Two ladies had.their "birthday" children at the "Hydrotube making it a part of the celebration events. Also, two gentlemen who were interviewed at the poolside of the "Hydrotube" were in. charge of a cub -scout group. This would account for higher riderships. It appears a "Hydrotube" is a part of or may be a social event. Sixteen persons were questioned at the "Hydrotube" at East Port Plaza to determine if the trip was made especially for the "Hydrotube" or was it a part of a "combined trip" where shopping was a part of the trip • purpose. Of the total, only two (2) made the trip as a part of the shopping trip. Essentially, almost 85 percent of the vehicles (with passengers) were destined to the "Hydrotube" as a single, trip purpose. It may be concluded that, for a major part of the'traffic, the - "Hydrotube" generates new traffic and does not intercept traffic as a part of another trip. This would be because it is'a social activity rather than a shopping activity. They are not mixed, per se. Thus, for a worst case scenario, it may be assumed that the proposed "Hydrotube" generates new vehicular traffic and, as a consequence, generates a need for new parking. 'A fifteen percent error is . on the "high side "; it is on the safe side. The finanical data was used to define variation in demand by day of the week. The data sampling was from the highest, lowest and average week over the nine month period extending from September through May, 1983. The variation in demand is shown below in Table III. Table III Variation in Demand by Day of the Week Monday Tuesday Wednesday Thursday Friday Saturday Sunday • 9.3 9.2 10.4 12.3 16.5 25.8 16.5 christopher t5rawn pe. 9688 rainier awenue a attle washinst 7234567 8118 _. Variation by month of the year was also determined; however, the data did not include June through August. Similarly, data was not complete for every month so that statistical sampling was done with only the third week of each of the months. This may have introduced a skew into the data as shown by the high usage in December. Nevertheless, such a skew is indicative of the influence holiday times have on demand and, as a result, indicate who the primary users probably are - the younger set. -5- Table IV Variation in Demand by Month of the Year Month $ September 16.4 October 10.4 November 13.4 December 12.2 January 7. February 7.8 March 13.4 April 8.4 May 10.4 In terms of revenue, the highest day was Wednesday, February 9th and the second highest was November 20, 1982. No reason can be found why these particular dates exhibed such demands, as opposed to other days, particularly weekend days associated with holidays. .Based on the price of entry, attendance estimates were made. These are shown in Table V and apply to the. East Port facility over the nine month period of Table IV. Table V • Attendance.at the East Port Hydrotube Average Saturday 1110 persons Average Sunday 710 persons Average weekday - 495 persons Average day of a 7 day week • 580 persons The highest recorded day, from the data, is some 61 percent greater than the average Saturday. The Pavilion Outlet Center facility, when it settles down, will likely follow this trend. -6- FIGURE 1 R.B. Furniture 2 2!' 722 Data is for Saturday 12:00 to 1:00 p.m. Turning Movements N ■� ■ QtI Pavilion Outlet Center M 77/. 8z S. 180th Street christopher brawn eN 9688 rainier a enue & 8e�attfe washingi on lei: 7234%7 `^98118 -7- FIGURE 2 Turning Movements 1`J R.B. Furniture 267 yZ 4' 7y N 1/4 2s9 7 " Data is for Saturday 11 3:00 to 4 :00 p.m. ■ r ( /9 l`f rv) Pavilion Outlet Center S 180th Street 990 Saturday traffic data at the Pavilion Outlet Center is shown on Figures 1 and 2. Figure 1 concerns the time interval noon to 1:00 o'clock while Figure 2 is the 3:00 to 4:00 o'clock hour. Since the peak hour of the facility is in the mid - afternoon, when arrivals and departures are at the highest levels, it is taken as the "design hour ". Little error is made in this assumption since, on the street, much higher volumes are handled on, say, Monday during the evening peak hour, a time when the' "hydrotube" is fairly quiet. Parking was reviewed at the Pavilion Outlet Center. Results of the two parking accumulation surveys of Saturday and Sunday, January 21st and 22nd, are shown in Tables VI and VII. -8- Table VI Parking Accumulation - Saturday Time Accumulation Surplus 12:00 N.A. N.A. 12:30 N.A. N.A. 1:00 N.A. N.A. 1:30 N.A. N.A. 2:00 321 88 2:30 327 - 82 ` 3:00 338 71 3:30 319 90 4:00 309 100 4:30 215 194 5:00 165 267 5:30 142 267 6:00 138 271 The sample size in the above table was 409 (stalls) and excluded one row of stalls (16 in number) parallel to Southcenter Parkway and a row of parking that is on the east wall of the Bon Marche Home Furnishings showroom. Also excluded was the entire lot on the south side of S. 180th'Street, the "southerly lot ". The southerly lot was, except for two cars, totally empty. From observations, it can be said that the parking lot on that afternoon was very busy and, from an operations viewpoint, can be considered "full" up to about 4:30 in the afternoon. The data of Table VII is for the same. time period on the following Sunday. chrialoph irotn pcT 9688 rainier amenue a 72 7 hin';l8i Time Table VII Parking Accumulation - Sunday Time Accumulation Surplus 12:00 149 260 12:30 151 258 1:00 207 202 1:30 228 181 2:00 228 181 2:30 285 124 3:00 311 . 3:30 309 100 4:00 186 223 4:30 138 271 5:00 64 345 On a Sunday, parking tends to be more readily available for the better part of the afternoon, except from about 2:30 to 4:00 when again it is quite busy. Tukwila "Hydrotube" - Trip Generation The Tukwila "Hydrotube" will experience the heaviest traffic days on Saturdays. The average Saturday will have a traffic demand of about 580 vehicular trips per day and, for the worst case scenario, about 920 vehicular trips per day. The trip, in this sense, is a one way journey so that a car going to the site and. leaving will make two trips: one trip in and one trip out. Tukwila "Hydrotube" - Parking Expected parking demand for the Tukwila "Hydrotube" is shown in Table VIII. Table VIII Tukwila "Hydrotube" Parking Demand Average Saturday Peak Saturday 12:00 -1:00 40 1:00 -2:00 50 2:00 -3:00 70 3:00 -4:00 80 4:00 -5:00 40 5:00 -6:00 10 60 80 110 130 60 20 In the previous table, the expected demand is based on the day starting at noon and ending at 6:00 o'clock. If the day is longer, the expected parking load will be reduced. However, taking the worst case, that is the heaviest Saturday, and taking the highest hour of that'Saturday (130 v.p.h.), the needed additional space for handling parking and unparking.(maneuvering) will amount to 28 stalls if the rate of. arrival is equal to the rate of parking. If the rate of storage is less, say 90 percent of the arrival 'rate, then a reservoir of 40 stalls may be. necessary so that the total parking need will amount to 130 + 40, or 170 stalls. (Reservoir Space Required for Various Vehicle Arrival Rates if Overloaded Less than 1 Percent of the Time, Traffic Design of Parking Garages, Eno Foundation for Highway Traffic Control, Saugatuck. 1957) Parking for this level of loading is available in the south lot. Accordingly, parking supply 'is not deemed to be a problem. The handling and directing of traffic may be a problem since the south lot is somewhat removed or disjointed, being across a five lane roadway. The parking issue is thus not one of supply but, rather, of handling motorists who come onto the slain lot looking for a space, circulate about looking for a space, and then have-to seek a place in the south side after discovering that the main lot is full. This may be more of an educational problem that is resolved over time. Directional Design Hour Volumes The Directional Design Hour Volumes are based on current travel patterns. For the expected peak hour of the highest day, the directional patterns will be as shown below in Figure 3 which applies to just "Hydrotube" vehicles. srrc -10- FIGURE 3 s /8v S' -. " Hydrotube" Peak Hour Traffic Distribution chriaLopliermown.pe. 9688 rainier aenue s a&lIe washin ton 7234 . ' 8118 For the peak hour of the "Hydrotube ", the design hour volumes will be as noted in Figure 4, Directional Design Hour Volumes. For the worst case, all traffic is assumed to be oriented to the main parking lot. When the facility settles down this will likely self adjust and be reflected in a diversion to the south lot. In turn, this will remove some of the heavy south -to -east left turn and composite west -to -north right turn intersection movements - which will assist capacity. Signal capacity is not an issue since adequate capacity will remain with the signal operating in its current three phase mode. The Level of Service (LOS) will be in the "C" range which is an acceptable operating level. Indeed, no adjustments in signal timing are proposed, as a result of this project. • If all parking were to take place in the south lot, the expected pedestrian demand will likely be on the mega crosswalk at the mid -block point and not at the signal. Accordingly, the . current crosswalk timing (observed on January 21, 1984) is adequate unless substantial pedestrian "bunching" takes place. Should this . happen, the north -south pedestrian WALK and FLASH DONT•WALK intervals should be increased by two to three seconds, each: This may require changing out one of the dial timing gears for e new cycle length. However, this should be checked -out after the facility is in operation. The mega crosswalk is well situated for accomodating future users and the crosswalk will not require modification or other types of improvements. While the "Hydrotube" is expected to be popular, particularly with youngsters, it will a recreational function that for the most part has adults in a supervisory capacity, as evidenced by the mode of.travel and high occupancy rates duscussed earlier (page 3). Thus, there is no reason for special crossing guards for the mega crosswalk at the S. 180th Street mid -block ' crossing, nor is there any need for modifying the nighttime . illumination at that crossing since children crossing the street will be under adult supervision. Thus, the existing mega- crosswalk may be deemed as entirely adequate in its' present configuration and style. Conclusions The implementation of a two tube "Hydrotube" in the Pavilion Outlet Center will increase both vehicular and pedestrian traffic. The project will produce about 580 vehicular trips per day and, on the worst or highest day, about 920 vehicular trips. The heaviest day of the week will be Saturday and it will account for about 25 percent of the total weekly demand. chrisliopher brciwn pc 9688 rainier avenue a scatUe washingt l :7234567 8118 1 r� 41Z 277 FIGURE 4 Directional Design Hour Volume /2 Pavilion Outlet Center r77 • S 180th Street There will be increased pedestrian traffic since the project tends to produce vehicular travel with substantially larger vehicular occupancy than is normally found, averaging about 3.8 persons per car. Currently, parking in'the main•lot serving the Pavilion Outlet Center becomes full on Saturdays until about 4:30 in the afternoon; however, no one uses the parking lot on the south side of S. 180th Street so that there is a more than adequate reserve for parking. ' Tenants should encourage their employees to use the "southerly" parking lot. It is to the benefit of their individual business to "free up" space in the main lot. The " Hydrotube" will attract new trips but less than fifteen percent will combine the "Hydrotube" trip with a shopping trip. Eighty -five percent of the traffic generated by the " Hydrotube" will be for that (recreational) purpose only. The expected peak hours of operation will be in the mid to late afternoon. Weekday demand will be . minor and, as a consequence, will not . interfere with weekday peak hour (arterial) traffic. • No changes are required on street systems with respect.to either signal control, crosswalk designs, or nighttime illumination. Current systems are adequate for the expected, imposed load(s). The crosswalks should be monitored after the facility is open to verify pedestrian crossing group sizes and crossing. times. • The negative aspect of this project will be the initial opening and its' impacts on parking circulation in the main lot. These will be of the form - arrive, search, fail to find stall, exit to south lot. Implicit in this will be substantial vehicular circulation in the main lot until realization arrives that parking is always available in the south lot. The City of Tukwila should•review the concept of providing access to the south lot via a driveway on or near the eastern boundary of the lot directly from S. 180th Street. This would assist in future signal operations and stands as a significant operating improvement measure should future traffic volumes build up in this area. { Hydrotube @ Pavilion Outlet. Center APPENDIX: Supplemental Counts Attached; raw Monday data Traffic Study Is for reference with respect to peak hours on the street system. Note, this is• not expected to coincide with the peak 'Hydrotube ". time frame. FROM NORTH ON FROM SOUTH ON FROM EAST ON TIME FROM WEST ON L S R 1. S R L S R t L S R //— . 'WA 4- 9 9/ Ira 2z 2 1E11 sp /2a' 11721 PJ ‘ /.30 200 S2 27 2° /7 /9 • ' 2( /0' w S9' (- / /.•'/r' 2/e /2 21 19 C 7 /7 32 8° ys p' / 7 //owl! 90 2 Y /z J C /f /9 /1 P/ yf 77 /97 Y �/-lpy.14/ 60C Y'4 /0/ /yo 'r 2 7 •/ /17 ,/ 4 / 01° 2 c/ 1 efts - Pr.( I o « .Pi s' 22 r2' 2p ?r C /.'Yo 20° ?2 29 12 ° /7 /y z/ 2[ /7/ i' ' Is l : yr 2/. /20 2J l 27 < 7 /7 32- 7P am- P /7 2:00 ,o 21 /2 2e /9 /.? // f, f'/ 2? /?7 S i 4, ko/ (o / 7e6 / /J° <' Y7 'r/ /57 I''`7 :// 2 77 Y"' - y: f /7 2 P e7 Y/ yz • 0 2 /29 /a• h'/ 2. . 9 y.c /9 2/ /0• / a .y o /off Hy fir P7 - / y:,r 9/ (2. /2/ 9 S 2 i /17 /p N' 2_, 2 • qi ..' 1.r g:11? 2f '// 7/ / V 2r / 2 fly //F 2 y 2 (4 Yo / P7 Pa «e r7 5) ? , P r1 If/ r17 //I F ` /.'tr . /21' 2° 2 t S /° •P / r' 2.► y7 r • 3•v° C /7 f7 I r Pl *29 1 /t PIM 72- ( 72 rd / s'• /r 1 Pf /s P! C ?y . // / 4 /s 5'7 ?1 L- 2 r' G9 9? R.? .2.4/ /° VI 2/ /7r /Ili f2.. ?7 / 4 / 14./ 772 fT 77P 4 /7 /77 9/ E `/ ,r/ .p /s s- 2 /° TOT %of TOTAL TRAFFIC VOLUME . SUMMARY DATE . . 1/3,4t ' DAY /1" 01 7 INTERSECTION OF: ./' /P AND 1= x-'7 CITY ' Tvl'k-' /le TIME 4s n•7 TO P= PEAK HOUR �:� -- 411110 Cif a ~Tukwila' � 6200 Southcenter Boulevard . Tukwila Washington 98188 • Gary L VanDusen, Mayor 1 08 May 17, 1983 Mr. :Jon Buttars, President Hydrotube Recreation of Washington 16636 S.E. 21st P1. Bellevue, WA 98008 RE: BAR and CUP for Proposed Hydrotube at the Pavilion Dear Mr. Buttars: At the regular April 1983 Tukwila Planning Commission meeting held on May 12,.1983,.the Board of Architectural Review and Planning Commission approved applications DR -2 -83 and 83 -3 -CUP for design and installation of an amusement center and commercial recreation including a hydrotube at the Pavilion Outlet Center, 17900 Southcenter Parkway, subject to the following conditions: A) Application DR -5 -83 1. Subdued color scheme and weight of the tower shall be included in the building design. 2. When the hydrotube is vacated or abandoned for other than operational repair or maintenance for more than 180 days, it shall be reconstructed to appear as it does today, prior to building the hydrotube. B) Application 83 -3 -CUP 1. The Planning Commission shall reserve the right of annual review .of the Conditional Use Permit. 2. Prior to issuance of construction permits, the applicants shall provide a• summary analysis of traffic signal phasing in the vicinity of the Pavilion Outlet Center which will analyze the effects of increased traffic generated by the proposed waterslide' activity and which will suggest modifications or improvements as needed. The decisions of the Board of Architectural Review and the Planning Commission are final unless appealed to the City Council within ten days of their decisions. b e -2- .r. Jon.Buttars, Presi nt Hydrotube Recreation o :ishington May 17, 1983 If you have any questions regarding your application please call me at 433 -1849. Sincerely, a eli4.&:, Caroline V. Berry Assistant Planner. CVB /b lk xc: Joel Benoliel J �,I►LA yy y q City of Tukwila O Z 6200 Southcenter Boulevard J W �� %� p Tukwila Washington 98188 1908 Gary L VanDusen, Mayor P L A N N I N G C O M M I S S I O N Minutes of the Tukwila Planning Commission regular meeting of April 28, 1983. held on May 12th, 1983. Chairman Kirsop convened the meeting at 8:15 p.m. Other Commissioners in attendance included Mr. Arvidson, Mr. Sowinski, Mrs. Avery and Mr. Knudson. Mr. Coplen was introduced to the Planning Commission as a newly appointed member of the Commission. Mr. Collins, Ms. Berry and Mr. Caughey were present'on behalf of the Planning Department. APPROVAL OF MINUTES MR. SOWINSKI MOVED THE MINUTES OF MARCH 24, 1983 BE APPROVED. MOTION CARRIED. BOARD OF ARCHITECTURAL REVIEW A. DR -2 -83, Hydrotube at the Pavilion: requesting design approval for.: a hydrotube water slide to be located at the Pavilion Outlet Canter, Southcenter Parkway at South 180th Street. Ms. Berry presented the staff report to the Commission. Chairman Kirsop adjourned the meeting at 8:45 p.m. to the Police Training Room for viewing the two video tapes of the hydrotube located at Eastport Mall in Portland, Oregon. The video films were provided by the applicant and staff. Chairman Kirsop reconvened the meeting at 9:00 p.m. in the City Council Chambers. Keith Vaughan,architect for the project, explained the design of the hydrotube including colors, wind resistance, and metal siding materials. Ms. Berry presented several slides of the existing Pavilion building as viewed from the southwest and north sides. Mr. Collins inquired about method of lighting and provision of a drawing of the south elevation. Mr. Vaughan indicated a preference for moveable lighting avoiding contrast with bright spots on the hydrotube. . Mr. Jon Buttars, Owner of Washington State Franchise for hydrotubes and prin- cipal owner of hydrotube proposed for the Pavilion, expressed favorable agreement with the staff report. Insurance rates have been reduced since the initial hydrotube project. The tenant space lease with the Benaroya Company is for ten (10) years. Eventual goal is to create a water recreation theme indoor park. Initial plan is to use 6,000 square feet, gradually increasing the project size to 9,600 square feet. Visibility of the tubes is a key to the success of the project, similar to the golden arches for McDonald Ham- burgers. PAGE -2- PLANNING COMMISSION( April 28, 1983 MOTION CARRIED. PUBLIC HEARINGS Mr. Vaughan explained the effect of artificial and natural light playing on the surface of the tubes creating visual interest. General discussion occurred among the Commissioners regarding reservations of the unscreened tubes, future impact of the project on the neighborhood and impact of structured parking on the design of the Pavilion. Mr. Vaughan suggested the metal supports could be reviewed for design aesthetics, noting it may affect the structure's resistance to wind. Mr. COPLEN MOVED THE PLANNING COMMISSION APPROVE APPLICATION DR -5 -83, CHOOSING THE SUBDUED COLOR SCHEME AND WEIGHT OF THE TOWER, AND STAFF RECOMMENDED CONDITION: WHEN THE HYDROTUBE IS VACATED OR ABANDONED FOR OTHER•THAN OPERATIONAL REPAIR OR MAINTENANCE FOR MORE THAN 180 DAYS, IT SHALL BE DISMANTLED, AND THAT PORTION OF THE PAVILION BUILDING SHALL BE RECONSTRUCTED TO APPEAR AS IT DOES TODAY, PRIOR TO THE BUILDING OF THE HYDROTUBE. Colors were clarified as blue, torquoise and light grey. Mr. Arvidson explained his reasons for voting no. He is of the opinion that the project is not in concert with the neighboring building design. Mr. Coplen agreed with Mr. Arvidson and added concern for future long- term image of the area. A. 83 -3 -CUP, Hydrotube Recreation of Washington: requesting approval of a Conditional Use Permit to install an amusement center and commercial recreation including a hydrotube at the Pavilion Outlet Center, Southcenter Parkway at South 180th Street according to TMC 18.64.020(1) and (4). Ms. Berry read the staff report for reconsideration of application 83 -3 -CUP. Hydrotube at the Pavilion. MR. ARVIDSON MOVED THAT APPLICATION 83 -3 -CUP BE REHEARD. MOTION CARRIED. Chairman Kirsop opened the public hearing at 10:05 p.m. Mr. Buttars affirmed that the staff analysis is very fair. Mr. Collins stated that the original staff report presents the issues and alternatives. The final SEPA determination places two conditions on the Declaration of Non - Significance. The design approval conditions would also be valid conditions to place on the conditional use approval. Mr. Chris Brown, traffic engineer for the Pavilion Outlet Center addressed traffic signal issues. PAGE -3- PLANNING COMMISSION cr 'UTES April 28, 1983 k Hearing no further comment from the audience, Chairman Kirsop closed the public hearing at 10:15 p.m. MR. ARVIDSON MOVED THE PLANNING COMMISSION APPROVE APPLICATION 83 -3 -CUP, ACCORDING TO EXHIBITS A AND B THEREOF,SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE PLANNING COMMISSION SHALL RESERVE THE RIGHT OF ANNUAL REVIEW OF THE CONDITIONAL USE.PERMIT. 2) PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS, THE APPLICANTS SHALL PROVIDE A SUMMARY ANALYSIS OF TRAFFIC SIGNAL PHASING IN THE VICINITY OF THE PAVILION OUTLET CENTER WHICH WILL ANALYZE THE EFFECTS OF INCREASED TRAFFIC GENERATED BY THE PROPOSED WATERSLIDE ACTIVITY AND WHICH WILL SUGGEST MODIFICATIONS OR IMPROVEMENTS AS NEEDED. MOTION CARRIED. Ms. Berry read the staff report. MOTION CARRIED. Chairman Kirsop adjourned the meeting for a short break at 10:35 p.m. Chairman Kirsop reconvened the meeting at 10:40 p.m. in the City Council Chambers. B. 83 -5 -CUP, Red Robin Restaurant Amusement Center: requesting approval for video game amusement center in the Red Robin.Restaurant located on Southcenter Parkway, according to TMC 18.64.020(1). Chairman Kirsop opened the public hearing at 10:45 p.m. Hearing no comment from the audience, Chairman Kirsop closed the public hearing at 10:46 p.m. Staff noted that earlier in the meeting Ms. Francie Hayes, manager of the Tukwila Red Robin had been present in the audience. MRS. AVERY MOVED THE PLANNING COMMISSION APPLICATION 83 -5 -CUP TO OPERATE A VIDEO GAME AMUSEMENT CENTER AT THE RED ROBIN RESTAURANT, SUBJECT TO THE FOLLOWING CONDITIONS: 1) BUSINESS HOURS FOR THE VIDEO GAME AMUSEMENT CENTER SHALL COINCIDE WITH RESTAURANT HOURS OF GENERAL PUBLIC ADMITTANCE. 2) THE PLANNING COMMISSION SHALL RESERVE THE RIGHT OF ANNUAL REVIEW OF THE CONDITIONAL USE PERMIT AS APPROVED. THE PLANNING COMMISSION MAY MODIFY OR REVOKE THE CONDITIONAL USE PERMIT AS PROVIDED IN SECTION 18.64.070 OF THE TUKWILA MUNICIPAL CODE IF SUBSTANTIAL PUBLIC SAFETY IMPACTS RESULTING FROM OPERATION OF VIDEO AMUSEMENT CENTER ARE FOUND. Mr. Arvidson and Mrs. Avery noted that the outdoor table umbrellas at the Red Robin may be in violation of the sign code. B. DR -1 -83, Fewel Office Building Site Plan Revisions: requesting design approval for a site plan revisions to their office building previously approved February 1983. PAGE -4- PLANNING COMMISSION (1UTES April 28, 1983 MOTION CARRIED.. OTHER BUSINESS Ms. Berry read the staff report to the Planning Commission. Mr. Martin Sandler, developer of the project, explained the street vacation issue which recently came to light via the title report. Mr. Lee Hanson, project architect, addressed sidewalk size for the project. MR. KNUDSON MOVED THE PLANNING COMMISSION APPROVED THE REVISED APPLICATION DR -1 -83 ACCORDING TO EXHIBITS A 1ST REVISION, B, C 1ST REVISION, D, E, F AND G (TO BE REVISED PER 1ST REVISION),SUBJECT TO THE FOLLOWING CONDITIONS: 1) GRADING OF SLOPES AND INSTALLATION OF ROCKERIES OR RETAINMENT WALLS ARE SUBJECT TO APPROVAL BY THE PUBLIC WORKS DEPARTMENT. NO CUTS INTO THE BANK ARE AUTHORIZED WITHOUT REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT. 2) EXISTING TREES PROPOSED FOR TRANSPLANTING ON SITE AREA SUBJECT APO A ONE -YEAR SURVIVAL AGREEMENT SIGNED BY THE DEVELOPER. 3) THE PARKING PLAN IS REVISED TO INDICATE A LOADING STALL. 4) EXTERIOR LIGHTING SPECIFICATIONS ARE SUBJECT TO APPROVAL BY THE POLICE DEPARTMENT. 5) A SIDEWALK IS PROVIDED PER A INTERURBAN GEOMETRIC STUDY AND ORDINANCE 1233. EXHIBITS A (1ST REVISION) - SITE PLAN AND VICINITY MAP B,C (1ST REVISION)- LANDSCAPE PLAN D,E - ELEVATION PLANS F,G(TO BE REVISED PER C -1ST REVISION) - IRRIGATION PLANS Mr. Knudson requested a letter be sent to the Mayor and Council expressing the Planning Commission's appreciation of the opportunity to attend the National APA Conference with the recommendation future conferences be made available to the Commission. MOVED BY MR. ARVIDSON THAT DISCUSSION OF PLANNING COMMISSION ACTION BE HELD AT THE NEXT REGULAR MEETING AND THAT THIS MEETING BE ADJOURNED. MOTION CARRIED. The meeting closed at 11:15 p.m. TUKWILA PLANNING COMMISSION Caroline V. Berry Assistant: Planner Jack A. Benaroya Company 5950 Sixth Avenue South, Seattle, WA 98108 (206) 762 4750 April 6, 1983 .I Brad Collins, Director Planning Department City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Enclosed please find the original of our April 1, 1983 agreement, which was countersigned by John Buttars on April 5, 1983. Joel Benoliel Vice President I _M____135a APR 8 1983 CITY OF .TUKWIILA PLANNING DEPT. INDUSTRIAL PARKS /WAREHOUSES /OFFICE BUILDINGS /SHOPPING CENTERS AND SPECIALIZED MERCHANDISE MARTS. memorandum planning commission decision conditional use permit cup Wk ‘. - Pea7 "kr. /te-e-ee /Z-P- .sofztt- 612.e.1 Co, "-' CITY OF TUKWILA NOTICE.OF PUBLIC HEARINGS OF THE TUKWILA PLANNING COMMISSION NOTICE IS:HEREB.Y GIVEN that the Tukwila PLANNING COMMISSION has fixed the 12th day of May Council Cham :. :• of Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington-, as the time and place for PUBLIC HEARINGS Application 83 -3 -CUP, Family Recreation, Inc. requesting approval of a conditional use permit to operate a commercial recreational facility and amusement center including a Hydrotube water slide at the Pavilion Outlet Center, 17900 Southcenter Parkway according to TMC sections 18.64.020(1) and 18.64.020(4). 2) Application 83 -5 -CUP, South. Sound Red Robin requesting approval of a conditional use permit to operate a video game arcade amusement center at a restaurant located at 17300 Southcenter Parkway according to. TMC 18.64.020(1). , 19 83 at 8 :00 P.M. in the These public hearings have been rescheduled from April 28, 1983 to May 12, 1983. Any and all interested persons are invited to attend. TUKWILA PLANNING COMMISSION Caroline. V. Berry Assistant Planner Published: Record Chronicle Date: May 1, 1983 PROPOSED ACTION: CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM IV) A • 8 -3- CUP -- "Hydrotube" at the Pavilion The operators of the Pavilion Outlet Center are requesting approval of a conditional use permit to develop a commercial recreation/ amusement center as a tenant within the Pavilion complex. The focus of the recrea- tion center is to be called a "hydrotube;" it is an enclosed water -slide amusement ride through a fiber-glass structure which is accessed by an enclosed stairway through the roof of the Pavilion, and which terminates ... in a swimming pool at the lower level of the building. Other activities within the amusement center may include smaller "pool rides in which youngsters are allowed to climb on and play with fanciful animal characters surrounded by shallow water wading game space is aldr planned, along with changing :arch 24, 1983 pools. A food concession and video - rooms for hydrotube patrons. R. 2) Section .18.64.020(4). requires (general conditional .use •,permit approval :fur commercial recreational fields and clubs. As'a recreational. facility...the hydrotube was determined by staff to have similar use characteristics and therefore be subject to the conditional use process. 'Considered sas.an amusement center instead of a commercial recreation facility, Section .. 18.64.020(1) , also requires_a.general conditional:use 3) The proposed water -slide recreation facility will be located on the ground floor in a now - vacant tenant space at the west side of the building (immediately north. of "Bergman Luggage "). A portion of the tube structure and an enclosed stairwell tower will extend above the roof of both the • " hydrotube" and "Bergman" tenant spaces and will he prominently visible. (SEE, informational exhibit). 4) Access to the hydrotube tenant space will be provided directly -from the mall during regular Pavilion hours. A secondary entrance directly through the west wall of the building will be provided so that the facility may operate after regular shopping center hours. FINDINGS: 1) This :part of .the.Pavilion 0utlet.Center is .zoned C -2 (regional - retail business); TMC 18.30.040 provides for operation of general commercial uses in the C -2 zone. . • Page -2- 83-3- CUP -- "Hydrotube" the Pavilion March 24, 1983 5) In November, 1982, the Planning Commission approved a conditional use permit for a cooperative parking facility to serve the Pavilion Outlet Center. The agreement authorizes the placement of a maximum 500 stalls at 57th Avenue /South 180th intersection for offsite use. 6) Health regulations for operation' of the hydrotube and its auxiliary pools ��e�- are prescribed by the department of social and health services according to state statute (RCW 70.90). (1) The pnoposed use wit2 not be mate/batty detrimental to the pubti.e .we.2iake on. in.jun.ious to the pnopenty on .cmpnavements in the vicinity of the proposed use on in the dis .i.ct in which the subject pnopenty £6 situated. DISCUSSION: TMC Section 18.64.050 specifies five criteria to be used by the Planning Commission in its evaluation of a conditional use permit application. We offer the following response to each criteria: Response: The question of detrimental impacts probably has a more direct correlation with the appearance of the exposed hydrotube facility than with its actual use as a youth- oriented recreation facility. The applicants are in the process of preparing an extensively- detailed submittal to the Board of Architec- tural Review for the April agenda. Until then, the Commission should limit the scope_of its inquiry to the use of the facility apart from matters concerning its visual appearance. As we see it, the Pavilion complex is relatively isolated geographically from other uses in its vicinity. It is adjoined on two sides by warehouses, and is separated from the nearest developed businesses on the other two sides by hundreds of yards. Accordingly, we anticipate that adverse impacts from the facility, if any, should later appear, will be contained within * the Pavilion's own boundary and will product no harmful off -site effects. (2)_ The pnaposed use skate meet on exceed the penionmance atan.danda that ane nequ ted in the dustjLi.ct it wilt occupy. Response: Staff has reviewed the project in regard to the dimensional standards of the C -2 zoning district, including the distance of the stair tower from the edge of the parapet wall, and finds that they have been met or exceeded. (.3) The pnapobed devetopmenz spate be compatibee gene'w.12y uath.the suAnound.i,n.g Land uses in Wen.m& of tAa and pedesni.an cvcc.wea.tLon, budding and site design; Response: Since the proposed recreation facility is contained entirely within the existing wall -line of the Pavilion complex, there is no expected impact on the adequacy of existing circulation system components. In regard to parking, however, the facility presents an interpretive dilemma which must be resolved not so much for the sake of safety as for proper housekeeping of our records covering the Pavilion's cooperative parking facility. Page - 83-3- CUP -- "Hydrotube" fthe Pavilion March 24, 1983 Provision 2 of Exhibit 2 to the recorded property use and development agreement implementing the cooperative parking facility notes that 740 parking stalls are required for the Pavilion. Of that number, 518 stalls are provided on site with 222 more located on the leased property across S. 180th St. The 740 -stall requirement was calculated under the assumption-that the entire.Pavilion :Center would develop as a retail outlet with certain area denoted to food service. However, the manner in which this facility is expected to attract patrons suggests two alternative methods for calculating parking requirements, thus affecting the sum of "surplus" parking space noted in the cooperative parking agreement. - Alternative 1: "Hydrotube" as a retail space Assumption: That the majority of customers patronizing the hydrotube facility are present as patrons of other merchants at the Pavilion. Parking Calculation: 9,600 square feet retail area @ 2.5 spaces /1000 s.q.g.f.a. = 24 spaces (already included in the original 740 sp. total) Rationale: The consumer draw of the hydrotube facility is basically the same as that of any other merchant in the Pavilion Outlet Center. The majority of hydrotube visitors are presumed present for the generalized shopping experience at the Pavilion; they are not coming to the Pavilion soley to play at the hydrotube. Included in this description are family units in which the children are .• left at the hydrotube for play activity while the adults shop; the family unit is still making a single, diversified trip to the complex. - .Alternative 2: " Hydrotube" as a place of public assembly Assumption: That the majority of customer patronage of the hydrotube facility is self - generated and distinct from that of other merchants in the center. Parking Calculation: Based on occupancy of the main floor space @ 15 sq. ft. /person (9600 square feet) = 640 persons 4 (1 sp. per four occupants) _ 160 spaces Rationale: The visual and activity characteristics of the hydrotube facility are so unique as to attract significant participation from persons who will travel to the Pavilion only for that purpose without regard for other merchandise or services offered at the complex, except for incidental or impulse spin -off trade. If this approach to parking allocation is chosen, the minimum number. of spaces required for the complex will increase to 876, derived as follows: (740 sps. - [2.6 x 2.5] + 160 = 876 sps.). Thus, the "surplus" of available parking space to the. Pavilion through the cooperative parking agreement is reduced to approximately 152 spaces. Page - 83-3- CUP -- "Hydrotube" the Pavilion March 24, 1983 (4) The pn.opobed use shaft be in keeping with the goa,es and pofici.es of the compnehen.s.ive Land use pot icy pean; ; Response: It is the stated intent of the Pavilion Outlet Center's management to implement the hydrotube project as a means of enhancing the competitive position of the center within the south county retail environment by introducing an element which is visually unique and which offers the opportunity for physical activity appealing to a diversified age group. By so doing, the Pavilion hopes to attract additional patronage of its retail merchants and other services. While the Comprehensive Plan does not speak directly to the provision of privately- operated recreational facilities in Tukwila, Objective 3, Policy 1 of the "Commerce" element encourages "uses which are supportive to retail areas to strategically locate in or near those areas." It seems to us, therefore, that the Pavilion's marketing strategy relative to the Comprehensive Plan is correct and appropriate, and may produce additional spin -off business activity for other retailers in the Parkway Plaza area. (5) AU mecvsuh.e,b have been taken to minimize the passible advexcs e impacts which the pna pod ed use may have on the ah.ea in which it is Located. Response: a) Health: Regulation of public pool hygiene is the province of both . state and county agencies; strict compliance by the hydrotube operators is assumed. •b) Security: The proposed floor layout indicates that internal foot traffic will be carefully controlled to avoid conflict between wet and dry customers, and to prevent theft of valuables from the changing rooms. Floor attendants will be on duty to enforce safety rules. Hours of Operation: This is an aspect of potential adverse impact depending on the Commission's viewpoint. As mentioned earlier, the operators wish to operate the hydrotube after regular mall hours, until approximately midnight on Saturday and eleven p.m. weeknights. Discussion of the extended hours of operation evoked no significant concern from our Police Department which reports that security incidences are already below expectations at the Pavilion. Nonetheless, the Commission may wish to discuss with the applicant contingency plans for control of loitering near the facility and reduction of the facility's attractiveness as a site for truancy. Fire Exiting and Safety: An analysis by the Tukwila Fire Department of the facility's layout, exiting routes and occupancy load will be presented verbally at the public hearing. CONCLUSION: At the "Eastport" shopping center in Portland, Oregon, a hydrotube amusement ride similar to the one which is proposed under this conditional use permit action has been in operation for several months. Staff plans a field visit to the site prior to the public hearing to prepare a videotape of the facility's operation which we plan to present for your review. We regret that our field Page -5- 83-3- CUP-- "Hydrotube" at_he Pavilion March 24, 1983 observation could not be included in this report prior to press time; however, we hope that a visual presentation in concert with the staff report will enhance your understanding of this unique and complex proposal. Again, however, we ask the Commission to rule only on the aspects of land use at this time, deferring considerations of design and aesthetics to the B.A.R. application anticipated next month. Staff recommends approval of application 83 -3 -CUP, according to Exhibits "A" and "B" thereof, subject to the following conditions: Exhibits A and B of this application are approved insofar as they suggest the general layout, scope -of- operation and scale of the proposed recreational facility. Further refinement or modification of either exhibit may result from future analysis of this project by the Board of Architectural Review or by city staff'. 2) The Planning Commission shall reserve the right of annual review of the Conditional Use Permit as provided in Section 18.64.070 of the Tukwila Municipal Code. If substantial public safety impacts resulting from operation of the commercial recreation center are found, the Commission may revoke or modify said conditional use permit as necessary to mitigate such public safety impacts. . Optional Condition 3): 3) Parking required.for the hydrotube project shall be calculated on the basis of a "place of public assembly." The total number of parking stalls required to serve the project is 876. Accordingly, provision 2 of Exhibit 2 of the property use and development agreement recorded under Auditor's File 830 shall be amended as follows: MC/bik (2) A total of .49 876 parking spaces shall be required to serve the Pavilion Outlet Center. Of that total, 518 spaces shall be provided on the Pavilion site proper. At least 222 358 additional spaces, but no more than 500 additional spaces shall be provided at the southeast quadrant of 57th Avenue South and South 180th Street by lease agreement in accordance with the terms of City of Tukwila Conditional Use Permit 82 -20 -CUP. Exhibit A - Floor. Plan Exhibit B - West Elevation Exhibit C - InformationaI NW'.View HYDROTUBE LOCATION PAVILION HYDROTUBE AT THE PAVILION SITE PLAN . CAL t I loo' VAUGHAIV Keith Vaughan . 3136 East Madison Associates Seattle. Washington 96112 Architects 12061 324 9355 CITY OF TUKWILA NOTICE OF PUBLIC HEARING OF THE TUKWILA PLANNING COMMISSION • NOTICE IS HEREBY GIVEN that the Tukwila PLANNING COMMISSION has fixed the 24th day of March , 19 83 a t 8:00 P.M. in City Council Chambers of Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila Washington, as the time and place for Application 83 -3 -CUP Benaroya Co. requesting approval of a conditional use permit to install an amusement center including"hydrotube at the Pavilion Outlet Center, Southcenter Parkway at South 180th Street, according to TMC 18.64.020(1). Any and all interested persons are invited to attend. Pubi i Mayor • TUKWILA PLANNING COMMISSION Caroline V..Rerry Assistant Planner Record Chronicle Date: Hdalt It lq83 DISTRIBUTION: j. Jack A. Benaroya Con ant' 5950 Sixth Avenue South, SCttle, WA 98108 (206) 762 4750 March 3, 1983 I: Planning Department City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Applications for 1) Conditional Use Permit and 2) Board of Architectural Review Approval for Hydrotube Water Slide at Pavilion Outlet Center This supports the application being filed today for establishment of a " hydrotube" in the now vacant space adjacent to the Bergman Luggage store in the Pavilion Outlet Center. The space contains 9,600 square feet of floor area. This involves installation of a small indoor swimming. pool and two large, enclosed fiberglass tubes or slides. Patrons will purchase tickets entitling them to ride the Hydrotube, through a series of curves and slopes, eventually exiting in the swimming pool. Initial review by the Planning Director and staff indicated that this proposed activity could be construed as an "amusement center" as used in Title 18.64.020(1) of the Zoning Code. Therefore, establishment of this use would require a conditional use permit under the criteria listed under Title 18.64.050. In addition, construction of the tubes and an enclosed staircase tower through which patrons climb to the top of the tube, will modify the appearance of a portion of the building exterior. Therefore, this is also an application for approval of the proposed exterior modifications by the Board of Architectural Review as required by Title 18.60, under the guidelines established by Title 18.60.050 of the Zoning Code. Due to the unusual nature of the proposed use and the unique character of the proposed exterior modifications, there will be available at the time of the public hearing a videotape showing a similar existing installation in a Portland, Oregon, shopping center. There will also be sufficient slides or other photographs so the Planning Commission will have a clear perception of this activity. INDUSTRIAL PARKS /WAREHOUSES /OFFICE BUILDINGS /SHOPPING CENTERS AND, SPECIALIZED MERCHANDISE MARTS Planning Commission City of Tukwila March 3, 1983 Page Two Joel Benoliel Vice President In the language of the Zoning Code (Sec. 18.64.010), the purpose of the conditional use application is to "establish,•review and permit approval procedures for unusual or unique types of land uses which, due to their nature, require special consideration of their impact on the neighborhood and land uses in the vicinity." The character of the family shopping mall experience is gradually changing, and patrons today are seeking family entertainment value as well as comfort, convenience, and pure shopping value. As the building owner, our company is prepared to offer such wholesome family entertainment experiences as a part of the shopping mall environment. We support this application and suggest that it meets the criteria listed in Title 18.64.050. All necessary steps will be taken to insure that this proposed activity, if approved, would not create any conflicts with neighboring land uses nor with co- tenants in the Pavilion and neighboring buildings. There is more than adequate parking area serving the Pavilion to support much higher traffic levels than currently exist. Therefore, no negative impact in traffic or pedestrian circulation is foreseen. We believe that the Planning Commission and Board of Architectural Review will have ample opportunity to see in videotape and other presentations exactly how this proposal operates in a shopping mall currently. We are prepared to discuss any concerns which the staff or the Commission may raise. EXHIBIT A LEGAL DESCRIPTION OF PAVILION OUTLET CENTER 'THAT PORTION•OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 3, EAST, W.M., IN KING COUNTY, WASHINGTON., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER;,THENCE SOUTH 02'24'12" WEST ALONG THE WEST LINE OF' SAID-NORTHWEST QUARTER OF THE NORTHEAST QUARTER. A DISTANCE OF 894.47 • FEET TO THE NORTH'LINE.OF THE SOUTH 430 FEET OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE TRUE POINT OF BEGINNING; THENCE NQRT4 87'50'57" WEST ALONG SAID NORTH LINE A DISTANCE OF 177.29 FEET TO A LINE 36 FEET EASTERLY OF THE CENTERLINE OF SOUTHCENTER PARKWAY . (FORMERLY 57TH AVENUE SOUTH); THENCE SOUTH 11'59'33" EAST ALONG SAID LINE A DISTANCE OF 322.74 FEET; THENCE ALONG A CURVE TO THE.LEFT HAVING A RADIUS OF 107.24 FEET, AN ARC DISTANCE OF 141.96 FEET THROUGH A CENTRAL ANGLE OF 75'50'36" TO A LINE 36 FEET NORTHERLY OF THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87'50'09" EAST ALONG SAID LINE A DISTANCE OF 576.70 FEET TO A LINE 740.70 FEET WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID • SECTION 35; THENCE NORTH 01'51'39" EAST A DISTANCE OF 553.99 FEET TO A POINT SOUTH 01'51'39" WEST 50.00 FEET FROM .THE SOUTHWEST CORNER OF THE . TRACT OF LAND CONVEYED TO BRUCE E. MC CANN. ET AL, BY DEED RECORDED . UNDER RECORDING NO. 7208170551;' THENCE NORTH 87'55'02" WEST 220.00 FEET; THENCE NORTH 01'51'39" EAST 50.00 FEET; THENCE NORTH 87 WEST A DISTANCE OF 218:09 FEES TO A POINT 140.16 FEET EAST OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH • 02'24'12" WEST . A DISTANCE OF 209.26 FEET-TO THE NORTH LINE OF THE SOUTH 430 FEET OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 87'50'09" WEST A DISTANCE OF 140.16 FEET.TO THE TRUE POINT - OF - SE'G I' I NG: TOGETHER WITH ANON- EXCLUSIVE EASEMENT FOR INGRESS AND E(,RESS OVER AND 'ACROSS A STRIP OF LAND 50 FEET IN WIDTH DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND • CONVEYED TO 186 CORPORATION BY DEED RECORDED UNDER RECORDING NO. • 7111100109; THENCE NORTH 87'55'02" WEST A DISTANCE OF 660.70 FEET ;' .THENCE SOUTH 01'51'39" WEST PARALLEL TO ANDOVER PARK WEST A 'DISTANCE OF 50.00 FEET; THENCE SOUTH 87'55'02" EAST A DISTANCE OF 930.70 FEET TO THE WEST MARGIN OF ANDOVER PARK WEST; THENCE NORTH 01'51'39" EAST ALONG SAID WEST MARGIN A DISTANCE OF 50.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND CONVEYED BY RECORDING NO. 7111100109; THENCE NORTH 87'55'02" WEST ALONG THE SOUTH LINE OF SAID TRACT OF LAND A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION PARKING LOT AT 180TH AND SOUTHCENTER PARKWAY Those portions of the southwest quarter of the northeast quarter and southeast quarter of the northwest quarter, all in Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, more particularly described as follows: $Commencing at the northwest corner of.the said southwest quarter of the northeast quarter; thence S 88 °54'46" E ,along the north line of said subdivision, 449.30 feet; thence S 01 °05'14" W, 36.0 feet to the southerly margin of South 180th Street and the true point of beginning; thence continuing S 01 °05'14" W, 365.78 feet; thence N 88 °54'46" W, 424.89 feet; thence S 86 °58'00" W 103.76 • feet; thence S 58 6 20'50" W, 74.23 feet to the easterly margin of 57th Avenue South (Southcenter Parkway); thence N 08 °43'18" E along said easterly margin, 316.06 feet; thence N 14 °46'53" E along said easterly margin, 63.77 feet; thence on said easterly margin along a curve to the right having a radius of 50 feet through a central angle of 76 °18'21 ", an arc distance of 66.59 feet; thence S 88 °54'46" E along the southerly margin of'said South 180th Street, 485.16 feet to the true point of. beginning . MASTER LAND DEVELOPMENT APPLICATION FORM SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROTECT YOU PROPOSE: Establish a hydrotube (water slide) f amusement area within the Pavilion Outlet Center in an area • not . to exceed 9,600 square feet of floor space. 1 8) DO YOU PROPOSE TO DEVELOP 'THIS PROJECT IN PHASES? [JYES NO Control Number City of Tukwila 6200 Si th:enter Boulevard Tukwila Washington 98188 NOTE: Please write legibly or type.ali reques information incomplete applications will not be accepted for processing.".:, " ' ` SECTION I. GENERAL DATA : Hydrotube Recreation of I) APPLICANT'S NAME Washington TELEPHONE: ( 206) 747 -3825 16636 SE. 2Tst Place �;.• t:;:. 2) APPLICANT'S ADDRESS Bellevue, Washington ZIP: 98008' 3) PROPERTY OWNER'S NAME Jack A. Benaroya CO. TEp :( 206) 7.62= '4`75�i:orc; "',-• • 4) PROPERTY OWNER'S ADDRESS Sea C tl e ' a l l ing ton ZIP: 98108 � ; � ` `f fO f rr � _•• S) LOCATION OF PROJECT: (geographic or legal descrip.) Pavilion Ot�±1:et °l.rc �. • f • Center, 17900 Southcenter Parkway, Tukwila, Washington:'r: /` 6) NAME OF PROJECT(OPTIONAL) 9) PROJECT.' 4. a. NET ACRES N/A b. GROSS ACRES N/A '- -FEES: c. PARKING SPACES 1,018 d. FLOORS OF • N/A CONSTRUCTION e. LOT AREA COVERAGE BLDC. SQ.FT. LANDSCAPE a. i+ANS: N/A ADDRESS: b. NAME: ADDRESS: PAVING SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? EI YES XX 11) EXISTING ZONING C -2, M -2 12. ECISTING CCMP.PLAN 120 IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION [IYES ON THE CITY'S ENVIRONMENTAL BASE MAP? NO. 14) Ii YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, . PLEASE INDICATE BELOW. SQ. FT. • OVER. 00, , • ( SECTION III: . APPLIC'WF'S AFFIDAVIT I, rei / , being duly sworn, declare that I am the Grd+,.l¢,[et involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. HYDROTUBE RECREATION OF WASHINGTON 'TYPE OF APPLICATION ri . I CONDITIONAL USE DATE ✓' 3 Subscribed and sworn before me 'this 1"p . - • day of March • !votary , ". lic-) zn an or t e tate of Washington residing. at;. SECTION IV: SUPPORTING MATERIAL REQUIRE'1ENTS SUPPORTING 'MATERIAL ** SCHEDULE E. 1.2,3.4 5 SCHEDULE C, 2 , 5 F1VARIANCE • SCHEDULE F, 3,5,9 • r 1COPREHENSIVE PLAN AMENDMENT SCHEDULE D, 2,3,4,5,9 ri SHORELINE MGTT..PERMIT 'SCHEDULE B, 2,3,4,5,8 [lwAIVr SCHEDULE A, 3, 9,10 r1SHORT SUBDIVISION fl SUBDIVISION flBINDINGSITEIMPROV3f 2,3,4,6,9 [T]ARCHITECIURAL REVIEW 9,10 LI L ANDSCAPE REVIEW 11 * *SEE TABLE 1 FOR DESCRIPTION + OPTIONAL AT STAFF'S DIRECTION 3,4,7 2,3,4, 5,9