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HomeMy WebLinkAboutPermit DR-15-79 - SOUTHCENTER SOUTH BUSINESS PARK - DESIGN REVIEWdr-15-79 18400 west valley highway 18700 west valley highway southcenter south business park Planning Commission Minutes Page 2 2 May 1979 LOPMENT PLANS: SOUTHCENTER SOUTH PLANNED BUSINESS PARK Roger Blaylock, Assistant Planner, read the staff report including the findings, conclusions, and recommendations. Mr..Lynn Centner said their concept is to pro- vide small companies with buildings which they can buy as commercial condominiums. The applicant is requesting approval of the master site plan and specific approval of Buildings 13, 14, 15, 16, and 17 in Phase I. These buildings will be constructed of tilt up concrete panels and painted in earthtone colors. Bronze glass and bronze aluminum window frames will accent the building. Mr. Blaylock said the location of Buildings 15 and 16 over a reservation is the principle point of conflict. A traffic study of the area south of 405 is being conducted at the present time. The elimination of a possible option is not reasonable at this time from the viewpoint of the Public Works Department. The reservation binds the City and developer until the end of August 1979. Any changes would require a public hearing before the Planning Commission and approval of the City Council to modify the original subdivision. Mr. Centner said in his discus- sions with the Public Works Department they have indicated the City is not inter- ested in maintaining a roadway to the south. The significance of the September 1 date is the City had 5 years to exercise their option. He said due to the attitude taken by Public Works he would request that they relinquish their option prior to September 1. Mr. Blaylock said the 5 years has been agreed upon and a statement has been signed. He said it was his opinion that it would take longer than September 1 to have a modification made as it would have to go through the public hearing pro- cess and then to the City Council to amend the plat. Mr. Hunt said he wondered if the City might be misreading the reservation, the option is with the City of Tukwila to exercise their right, and by not doing so it would automatically lapse. Mrs. Avery asked if these are the kind of warehouses that have a lot of truck traffic? Mr. Centner said the trucks would be delivering the users own product. It would not be the type of truck traffic caused by customers coming to pick up orders. Mr. Avery asked if the doors would be the type that trucks would back up to. Mr. Centner said they would be the type of doors that vans can drive right into the building. Mr. Kirsop asked if the buildings have been leased? Mr. Hunt said this is the type of building that they buy the space and there has been much interest in it. Many of the subcontractors who work in the area require a little space and the fact that they can purchase these buildings is attractive to them. Mr. Sowinski asked about policing the area. Mr. Hunt said the plan is to develop in phases. He said there would either be three separate condominium associations or one, as there is with residential condominiums, and they are the governing body as to care and maintenance. Mr. Orrico said if the development is in phases, the northern phase could be developed first, this would be logical to let the option run its full course. Mr. Hunt said there would be nothing wrong with that approach. He said there would be no problem in developing the north part first. Mr. Sowinski said maybe it would have been easier if there had been a letter from the Public Works Department stating they would relinquish the option. Mr. Blaylock said it was the intent of the Public Works Department that the elimination of a possible option is not reasonable at this time. Mr. Orrico asked if the City declares they have no interest in this { Planning Commission Minutes prior to September 1 would a Public Hearing be required? Mr. Blaylock said that is a legal question. Mr. Kirsop said the chances are 10 to 1 that September will come and go and the land will revert to the developer, but it is a legal point now. He said he did not know if the Public Works Department or the Mayor would sign a letter at this time. MOVED BY SOWINSKI, SECONDED BY ORRICO, THAT THE PLANNING COMMISSION APPROVE THE DEVELOPMENT PLANS WITH THE FOLLOWING CONDITIONS: 1. THAT THE DEVELOPMENT PLANS FOR BUILDINGS 15 AND 16 BE AUTOMATICALLY APPROVED IF THE CITY OF TUKWILA DOES NOT EXERCISE THE RESERVATION FOR CASCADE AVENUE SOUTH BY SEPTEMBER 1, 1979, OR THE CITY OF TUKWILA INDICATES NO INTEREST PRIOR TO SAID DATE. 2. THAT ALL ELEVATIONS FOR BUILDINGS IN PHASES II AND III BE APPROVED BY THE B.A.R. PRIOR TO ISSUANCE OF BUILDING PERMITS. 3. THAT A DETAILED LANDSCAPE PLAN FOR PHASE I BE APPROVED BY THE BOARD OF ARCHITECTURAL REVIEW PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT. 4. THAT THE CITY IS NOT OBLIGATED TO ALLOW OCCUPANCY OF USES IN ANY STRUCTURE WHICH WOULD CAUSE A SHORTAGE IN PARKING, AS REQUIRED BY THE TUKWILA ZONING ORDINANCE. 5. THE APPLICANT SHALL DO THE FOLLOWING ANALYSIS AND SUBMIT TO THE CITY IN CONJUNCTION WITH ALL TENANT IMPROVEMENT PERMIT APPLICATIONS: (A) A STATEMENT OF THE TOTAL NUMBER OF PARKING SPACES AVAILABLE. (B) SHOW THE PARKING DEMANDED FOR EACH BUILDING AND SHOW CUMULATIVE DEMAND AS PERMITS ARE APPLIED FOR FOR BUILDINGS 1 - 17. (C) IT IS THE OWNERS REPSONSIBILITY TO ASSURE THAT THE TYPE OF OCCU- PANCIES DO NOT EXCEED THE ZONING REQUIREMENTS. Example: Total Parking Available 180 Requirement, Building 1 (1,000 sq. ft. office @ 3.1 + 10,000 -13 warehouse @ 1 /1,000) Balance 167 Requirement, Building 2 (2,000 sq. ft. office @ 3.1 + 20,000 -17 warehouse @ 1/1,000 Balance 150 Balance MOTION CARRIED.. Page 3 2 May 1979' 0 FINDINGS: CI T Y OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 26 April 1979 8:00 P.M. AGENDA ITEM VI E :DEVELOPMENT PLANS: Southcenter South Planned Business Park Mr. Lynn Centner of Leason Pomeroy Northwest, Inc. has submitted development plans for Southcenter South Planned Business Park located between Cascade Avenue South and West Valley Highway south of Todd Boulevard. The master site plan (Exhibit A) calls for a complex of 17 buildings with a total of 87,428 square feet. The site is 308,404 square feet or approximately 7.07 acres. The concept is to provide small companies with buildings which they can buy as com- mercial condominiums. The applicant is requesting approval of the master site plan and specific approval of Buildings 13, 14, 15, 16 and 17 in Phase I. These build- ings will be constructed of tilt up concrete panels and painted in earthtone colors. Bronze glass and bronze aluminum window frames will accent the building (Exhibits B, C and D) . 1. The site was originally platted as lots 1, 2, 3 and 4 of Southcenter South In- dustrial Park. 2. Proposed buildings 15 and 16 straddle a reservation for the extension of Cascade Avenue South. The reservation expires in August of 1979. 3. Parking is proposed at approximately a ratio of 2.5 parking stalls per 1,000 square feet. 4. The parking stalls are 9 x 19 feet, while the aisles are a minimum of 24 feet. 5. Landscaping areas include a 15 -foot wide strip along West Valley, a 25 -foot wide strip along Todd Boulevard, and a 20 -foot wide strip along Cascade Avenue South. CONCLUSIONS: 1. The design of the complex meets the requirements of the TMC for parking plus the established design criteria for parking lots. 2. The location of Buildings 15 and 16 over a reservation is the principle point of conflict. A traffic study of the area south of 405 is being conducted at the present time. The elimination of a possible option is not reasonable at this time from the viewpoint of the Public Works Department. The reservation binds the City and developer until August. Any changes would require a public hearing before the Planning Commission and approval of the City Council to modify the original subdivision. L Planning Commission Page 2 Staff Report 26 April 1979 3. The landscaping areas proposed are in excess of that required by the Tukwila Municipal Code. TMC 18.56.040 requires the parking area surface to be at least 45 feet from the centerline of designated arterials and 35 feet from the centerline of other normal service streets. RECOMMENDATION: The staff recommends that the Planning Commission approve the master site plan and development plans for Buildings 13, 14 and 17 in Phase I of Southcenter South Planned Business Park with the following conditions: 1. That the development plans for Buildings 15 and 16 be automatically approved if the City of Tukwila does not exercise the reservation for Cascade Avenue South by September 1, 1979. 2. That all elevations for buildings in Phases II and III be approved by the B.A.R. prior to issuance of building permits. 3. That a detailed landscape plan for Phase I be approved by the Board of Archi- tectural Review prior to issuance of an Occupancy Permit. 4. That the City is not obligated to allow occupancy of uses in any structure which would cause a shortage in parking, as required by the Tukwila Zoning Ordinance. 5. The applicant shall do the folloiwng analysis and submit to the City in con- junction with all tenant improvement permit applications: (a) A statement of the total number of parking spaces available. (b) Show the parking demanded for each building and show cumulative demand as permits are applied for for buildings 1 17. (c) It is the owners responsibility to assure that the type of occu- pancies do not exceed the zoning requirements. Example: Total Parking Available 180 Requirement, Building 1 (1,000 sq. ft. office @ 3.1 + 10,000 warehouse @ 1 /1,000) -13 Balance Requirement, Building 2 (2,000 sq. ft. office @ 3.1 + 20,000 warehouse @ 1 /1,000) Balance 167 -17 150 Balance 171 AellA 4W4071ERS4 �. s"y.p�' F s .'• .�rrw iiii. `::eta ° ;444F I a ' EXHIBIT A SOUTHCENTER SOUTH PLANNED BUSINESS PARK .7.::: At 4■3 tiri 11 kitilog...V.Y.W.A.UniA04. • ..... RIM - - 2 11011 ••• •••■• ..1111 t F WASHINGTON EXHIBIT B SOUTHCENTER SOUTH PLANNED BUSINESS PARK SOUTHCOITER sotrni BUSINESS CENTE u 4 � 1 EXHIBIT C SUDT8CENTB8 SOUTH PLANNED BUSINESS PARK --- _ ' --' is 4 ��.... —.. :...:ems. . a. i t. EXHIBIT D SOUTHCENTER SOUTH PLANNED BUSINESS PARK .. ^ a EXHIBIT E SOUTHCENTER SOUTH PLANNED BUSINESS PARK Mr. Bruce E. McCann McCann Construction Company 950 Andover Park East Tukwila, Washington 98188 RE: MEMORANDUM OF UNDERSTANDING /LOTS 1,2, and 3 SOUTHCENTER SOUTH INDUSTRIAL PARK Dear Mr. McCann: RJB /rjb City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development It has been determined by the City Attorney that it is unnecessary for Mayor Bauch to sign the above Memoradum of Understanding . The project will be processed under the condominum laws as stated in the unsigned agreement. If you believe for some reason that the project might be jeopardized in case the City of Tukwila does not sign the agreement, we will be happy to ask the Mayor to sign the document. cc. P1. S .C.S. Planned Business Park File 24 May 1979 Sincerely, t---I -34-4 jt4 R F J. B aylock Assistant Planner *ILA 4 Dear Mr. Centner: Citycof Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Mr. Lynn Centner Leason Pomeroy Northwest, Inc. 1844 -A Westlake Avenue Seattle, Washington 98109 7 May 1979 RE: Southcenter South Planned Business Center The master site plan and building elevations for Phase I were reviewed by the Planning Commission at their continued regular meeting on Wednesday, May 2, 1979. The overall master plan was approved, however, only.the building eleva- tions for Buildings 13, 14 and 17 in Phase I were approved. The approval was furthered conditioned by the following: 1. That the development plans for Building 15 and 16 be automatically approved if the City of Tukwila does not exercise the reservation for Cascade Avenue South by September 1, 1979 or the City of Tukwila indicates no interest prior to said date. 2. That all elevations for buildings in Phases II and III be approved by the B.A.R. prior to issuance of building permits. 3. That a detailed landscape plan for Phase I be approved by the Board of Architectural Review prior to issuance of an Occupancy Permit, 4. That the City is not obligated to allow occupancy of uses in any structure which would cause a shortage in parking, as required by the Tukwila Zoning Ordinance. 5. The applicant shall do the following analysis and submit to the City in conjunction with all tenant improvement permit applications: (a) A statement of the total number of parking spaces available. (b) Show the parking demanded for each building and show cumulative demand as permits are applied for for buildings 1 17. (c) It is the owners responsibility to assure that the type of occupancies do not exceed the zoning requirements. Mr. Lynn Centner Leason Pomeroy Northwest, Inc. RJB /ckh Example: Total Parking Available Requirement, Building 1 (1,000 sq. ft. office @ 3.1 + 10,000 -13 warehouse @ 1/1,000) Balance Requirement, Building 2 (2,000 sq. ft. office @ 3.1 + 20,000 -17 warehouse @ 1/1,000) Balance Balance If I can be of any further assistance, please call. cc: Ping. Sup. File Sincerely, Roger J. Blaylock Assistant Planner Page 2 7 May 1979 180 167 150 McCANN DEVELOPMENT CORP., as agent for the owners of Lots 1, 2 and 3 in Southcenter South Industrial Park in the City of Tukwila, has submitted for consideration by the Planning Commission of the City of Tukwila a site plan proposal for development of said lots. It is the intention of the owners that the completed project be subject to the State Horizontal Property Regimes Act, Chapter 64.32 RCW, and that the Planning Commission consider the proposal as a condominium project. The City of Tukwila is aware of this intention and will review the proposal on that basis. Further, it is the intent of the owner to provide the City with copies of the recorded condominium declaration and map and plans prior to issuance of a certificate of occupancy for any structure. The owner additionally agrees that, in the event it fails to subject the project to the Horizontal Property Regimes Act and determines to lease the structures instead, it will file a binding site improvement plan and receive approval thereof prior to occupancy. McCANN DEVELOPMENT CORP. CITY OF TUKWILA BY Its V MEMORANDUM OF UNDERSTANDING BY E.dgax• Bauch, Mayor THOMAS B. FOSTER LOUIS H. PEPPER DANIEL J. RIVIERA WILLIAM H. ELLIS DAVID W. SANDELL RICHARD E. KEEFE CAMDEN M. HALL MICHAEL E. STANSBURY JEROME D. WHALEN CHARLES P. NOMELLINI ROBERT J. DIERCKS D. DOUGLAS MATSON JOHN T. BLANCHARD CARL J. WEST III MARCO J. MAONANO, JR. DOUGLAS S. PALMER, JR. JOSEPH M. GAFFNEY V. RAFAEL STONE JUDITH M.RUNSTAD ANNE M. REDMAN GARY E. FLUHRER FAY L. CHAPMAN March 26, 1979 Dear Fred: FOSTER, PEPPER & RIVIERA 4400 SEATTLE FIRST NATIONAL BANK BUILDING SEATTLE, WASHINGTON 98154 (208) 447 -4400 Mr. Fred Satterstrom City of Tukwila Planning Department City Hall Tukwila, Washington i.aa LA, ii y . L::a o.c. CITY OF IUn,:tA MAR30 Southcenter South Industrial Park PAUL P. ASHLEY OF COUNSEL The commercial development proposed by CPI may appropriately be subjected to the state condominium statute. The defini- tions set forth in RCW 64.32.010 contemplate condominiums which consist of a number of buildings, each containing one or more "apartments," and the apartments may be used for the operation of an "industry or business" if located in a com- mercial zone. Once submitted to the provisions of the con- dominium statute, the individual apartments, common area or buildings within which the apartments are located and which are part of the condominium association would not be subject to the state platting or subdivision requirements of Chapter 58.17 RCW or to Tukwila's subdivision code adopted pursuant to Chapter 58.17; the Horizontal Property Regimes Act and RCW 58.17 are mutually exclusive. This is mandated by RCW 64.32.010 which provides that the land underneath the apart- ments is common area, in which each apartment owner holds BARRIE L.ALTHOFF MIKE E. BRANDEBERRY PETER 8. EHRLICHMAN O. RICHARD HILL ALLEN D. ISRAEL DIANE M. ISTVAN E. ALLEN JOHN, JR. JENNIFER L. KEEFER CATHARINE K. MARTINSON MICHAEL K. MURRAY JONATHAN B. NOLL BARBARA OHNICK STUART T. ROLFE ARMISTEAD P. ROOD NANCY O. STEPHENSON DAVID UTEVSKY We represent the owners of Lots 1, 2 and 3 in Southcenter South Industrial Park. As we discussed last week, the owners propose to construct a commercial condominium on those lots pursuant to the state Horizontal Property Regimes Act, Chapter 64.32 RCW. This letter is in response to your request to clarify our position with respect to several issues we discussed. Mr. Fred Satterstrom March 26, 1979 Page 2 an undivided percentage interest as stated in the declaration. Hence, a condominium does not result in a subdivision of the land as that term is used in RCW 58.17 or Tukwila's subdivi- sion code promulgated thereunder. As a practical matter, if a subdivision of the land were required for each apartment in a condominium, it would be impossible to build condomin- iums (e.g., the requisite "set- back" from lot line would not exist for contiguous apartments), a result inconsistent with state law and with the numerous condominiums already constructed in Tukwila and King County. In our meeting several days ago, you raised the question of whether the project would violate a "one lot, one building" requirement arising from the definition of a building under Tukwila Municipal Code §18.06.120. That section provides that a "building" is a structure, or that, in a structure separated by division walls without openings, each portion is a separate "building." A literal interpretation of this provides that each condominium apartment is a building, since it is a portion of a "structure" separated by division walls without openings, and hence each apartment would be required to be on a separate lot. This interpretation would be inconsistent with state law and would prohibit the construction of condominiums altogether for the reason set forth in the previous paragraph. The difficulty with 18.06.120, of course, is that it was enacted in 1957, prior to the adoption of the state Horizontal Property Regimes Act in 1963, and its definition of "building" did not contemplate condominium apartments. The interpretation of 18.06.120 which is reasonable and necessary in light of the state Horizontal Property Regimes Act is that a "structure," for a condominium project, is all of the apartments and common areas of the condominium alloca- tions in the aggregate. This interpretation is also mandated by RCW 64.32.190 which provides that neither the building or buildings in which the apartments are located, the property, nor any of the common areas in a condominium shall be consid- ered a separate parcel for any purpose; this provision is intended to prevent the artificial fractionalizing of a condominium project rather than considering it as a whole. C Mr. Fred Satterstrom March 26, 1979 Page 3 We also discussed whether a binding site improvement plan should be submitted. The plan presumably would be superseded by the condominium declaration upon its recording. Requiring compliance with the binding site improvement plan provisions in the subdivision code seems inappropriate and an unnecessary expense for the owner and the City. A binding site improve- ment plan is inappropriate both because subdivision require- ments adopted pursuant to Chapter 58.17 RCW do not apply to developments to be subjected to the Horizontal Property Regimes Act, and because a binding site improvement plan is designed for use exclusively in a leasing situation. More importantly, a binding site improvement plan is unnecessary to accomplish the objective of an opportunity for the City of Tukwila to review the project. Site plan review will occur to the same extent as on any project in Southcenter South Industrial Park. If the possibility that, once built, the project will not be submitted to the condominium statute is a concern, the owner could enter into a developer's agree- ment with the city to so submit the property upon construc- tion of the improvements. Please review and we can discuss these points in the near future. Your assistance is appreciated. cc: Mr. Richard Brothers Mr. Ed Hunt L11/a11 V-r truly yo s, Gary ; .(threr 1 6400-11100 w vALLEy auTticarreR MTh southcenter south industrial park landscape plan JAPB&.K. PINE ±O HOLLYWOOD JUNIPER -1 PORTUGAL LAUREL -5 general notes preliminary landscape plan building 255