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HomeMy WebLinkAboutCOW 2015-03-09 Item 4F - Ordinance - 90 Andover Park East Development Agreement with TSD LLC (Use of Shared Parking)COUNCIL AGENDA SYNOPSIS Lrilials Mee ti Date Prepared by Mayor's review Cele eed/ review 11/24/14 MD ❑ ,Resolution 141iq Dale Ordinance 12/01/14 MD ❑ Other AN Date Aftg Date 3/16/15 03/09/15 MD ,ei e RIwIL;CVE ?E] BY ❑ COW Mtg. ❑ Utilities Corte DATE: 2/23/15 03/16/15 MD ❑ F&S Corte ❑ Transportation Crate ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CI-LkIR: VERNA SEAL ❑ Arts Comm. ITEM INFORMATION ITEM No. 113 ST:1I F SPONSOR: JACK PACE ORIGINAL AGENDA DATE: 11/24/15 AGENDA ITEM TITLE An Ordinance and Development Agreement for the proposed hotel at 90 Andover Park East. C1'I'I ?G0RY ® DIj'c'UUton iNltg Date 3/9/15 U Motion Altg Date ❑ ,Resolution 141iq Dale Ordinance ❑ Bid Award Mtg Dale . Public Hearin ❑ Other AN Date Aftg Date 3/16/15 Alts Daft 11/24/14 SPONSOR . Council ❑ Mayor ❑ FIR iI DC.'D ❑ Finance . I ire . IT ❑ P &'R ❑ Police ❑ i)IV SPC)NSOR'S Development Agreement for the proposed hotel development at 90 Andover Park East that SUMMARY would allow the shared use of parking in the right -of -way of Christensen Road. The Council is being asked to consider the draft ordinance and the associated development agreement. RIwIL;CVE ?E] BY ❑ COW Mtg. ❑ Utilities Corte DATE: 2/23/15 0 CA &P Corte ❑ F&S Corte ❑ Transportation Crate ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CI-LkIR: VERNA SEAL ❑ Arts Comm. RECOMMENDATIONS: SPONSOR /AuMIN. COM,MI Department of Community Development I IEEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE RI.:QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ Fund Source: Comments. MTG. DATE RECORD OF COUNCIL ACTION 11/24/14 Discussion and Public Hearing 12/1/14 Discussion and referred back to Community Affairs and Parks Committee 3/9/15 MTG. DATE ATTACHMENTS 3/9/15 Information Memorandums dated dated 2/18/15 and 11/18/14 Parks Commission meeting minutes Memo analyzing the proposal regarding the regulations in the shoreline zone /buffer map Letter from Developer with three alterate site plans Ordinance and Development Agreement Minutes from the Community Affairs and Parks Committee meeting of 2/23/15 3/16/15 113 1 1 4 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director Department of Community Development BY: Minnie Dhaliwal, Planning Supervisor DATE: February 18, 2015 SUBJECT: Development Agreement for the proposed hotel at 90 Andover Park East. ISSUE Should the City Council approve the Development Agreement for the proposed hotel development at 90 Andover Park East; allowing the shared use of parking in the right -of -way of Christensen Road? BACKGROUND Tukwila TSD LLC is proposing to develop a new five story hotel at 90 Andover Park East with approximately 90 guest rooms. One parking space per room is required for lodging uses in the Tukwila Urban Center Transit Oriented Development District. The developer has submitted a site plan showing that the required number of parking stalls cannot be accommodated on the project site. Therefore the developer is proposing shared use of parking and drive aisle area in the right -of -way of Christensen Road. TMC 18.06 allows the City to use development agreements to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications that provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. This item was previously discussed by the Community Affairs Committee on November 12, 2014; Committee of the Whole held a public hearing on November 24, 2014 and it was referred back to the Community Affairs and Parks Committee on December 1, 2014. See attached memo for the information that was provided to the City Council previously on this item (Attachment A). Additionally, the Parks Commission was briefed on the pocket park proposal on January 21, 2015, and the minutes of the meeting are attached (Attachment B). DISCUSSION City Council asked staff to provide information on how the proposal complies with the City's shoreline regulations and asked the Community Affairs and Parks Committee to further review the proposal and make a recommendation to the Committee of the Whole. Additionally since the last City Council meeting the developer has come back with a couple of additional options for the City to consider, which are also attached. 115 INFORMATIONAL- MEMO Page 2 In order to help facilitate decision making on this proposal it may be easier to break down the discussion into following issues: 1. Does the proposal comply with the city's shoreline regulations? 2. Does the city want to allow use of public right -of -way for shared parking for the hotel? 3. How many parking spaces should be shared between the hotel and trail users and how many should be guaranteed for the trail users? 4. What is the appropriate compensation for sharing parking in the right -of -way? 1. Does the proposal comply with the city's shoreline regulations? This area of the shoreline is designated as Urban Conservancy and the shoreline buffer ends on the river side of the existing roadway (Christensen Road). The conceptual site plan showing the hotel location and other site improvements meets the shoreline use, site setback and site configuration requirements. Detailed review of the construction plans will be done during the shoreline substantial development permit review process, which is an administrative decision issued after public notification to the interested agencies and surrounding property owners. The staff report of the shoreline permit is then sent to Department of Ecology for their review. See attached handout explaining the shoreline review process and code criteria along with the map showing the shoreline buffer (Attachment C). 2. Does the city want to allow use of public right -of -way for shared parking for the hotel? The existing site is a former gas station. The fuel canopy and the underground tanks were removed in 2007. In 2008, land use approval was granted for a 12,000 sq. ft. single story retail building that was never constructed. The existing lot is only 50,000 sq. ft. and without the shared parking agreement the likely form of development to occur on this site is single story. The current proposal to share the parking in the right -of -way would allow a five story hotel to be constructed. This form of development fits in with the vision anticipated by the Southcenter Subarea Plan for this area. The previous memo to the City Council (Attachment A) listed the goals and policies of the City's Comprehensive Plan and the Southcenter Subarea Plan that are achieved by the City entering into this development agreement. The proposal includes: • Shared use of parking in the right -of -way. • initial term of 50 years with an option to extend for 30 additional years • The agreement shall terminate if any of the following terms are not met: a) The applicant fails to submit a complete building permit application for the construction of the hotel within one year; or if the construction is not completed within three years; or if the developer does not comply with maintenance obligations; b) if the property is redeveloped or a change of use occurs; c) If WSDOT widens 1-405 or should any other project or condition arise that requires reconfiguration of Tukwila Parkway and/or the Project parking area; d) If the developer abandons the project; e) The developer shall renegotiate a new agreement or provide documentation showing how the number of parking spaces required by code will be provided if the hotel use is to continue after the expiration of the agreement. 116 INFORMATIONAL MEMO Page 3 3. How many parking spaces should be shared and how many should be guaranteed for the trail users? Tukwila Municipal Code requires one parking space per hotel room. The developer has stated that the franchise requires one parking space per hotel room plus two additional spaces. Per Smith Travel Research Report for hotels In Tukwila's general market, the occupancy rate for year 2014 varied from 80 to 90 percent during the high season (May through September) with December /January being the lowest around 60 percent; for an average annual room occupancy of 77 percent. The proposed hotel has 53 on -site parking spaces (hotel use only) and would like to share 45 parking spaces within the right -of -way (hotel and trail users). There are currently only 27 parking spaces in the right -of -way and the developer has proposed to add 18 new parking spaces within the undeveloped right -of -way; resulting in 45 spaces in the right -of -way. 41 out of 45 spaces wile be shared between the hotel users and trail users and four spaces will be reserved exclusively for trail users. This allows four guaranteed spaces for the trail users but they could also park anywhere on the remaining 41 spaces. There is currently no data on the number of spaces used by trail users. However it can be stated that hotel parking spaces are expected to be used primarily in the evening and night time hours and parking for the trail access is expected to be used during day light hours. The proposed hotel has only a small meeting room and no restaurant, therefore the parking demand is anticipated to be less than a hotel with a large meeting room /convention facility. The developer has also provided parking data for the hotels currently operated by them showing that the parking demand is less than one car per occupied room (Attachment D). 4. What is the appropriate compensation for sharing parking in the right -of -way? Since the last meeting the developer has come back with the following options for the City to consider as appropriate compensation for allowing shared use of parking: Option 1: Develop and maintain a public pocket park within the existing cul -de -sac with $10,000 payment to the City. Option 2: Replace the asphalt in the cul -de -sac area with landscaping along with a monetary payment of $93,849 to the City. Option 3: Convert the cul -de -sac into parking area with a monetary payment of $145,897 to the City. 117 INFORMATIONAL MEMO Page 4 Listed below is the summary of compensation for all three options: Compensation for sharing parking in the right -of -way Option 1:Pocket Park Option 2: Cul -de- sac to Iandsca • in ■ Option 3: Cut -de- sac into parking Developer shall develop and maintain a public socket •ark x Developer shall maintain the parking area x x x Parking spaces for trail users _ 41 shared and 4 _ 41 shared and 4 guarantee_ d 41 shared and 7 guaranteed Developer shall construct a pedestrian connection between the intersection of Andover Park East and the Green River Trail _guaranteed. x x x Members of the public and emergency vehicles will have access through the hotel parking lot. x x x Monetary Payment $10,000 $93,849 $145,897 Pros and Cons A public pocket park in the urban center, which complements the Green River Trail. The impervious surface in the shoreline zone is reduced. The city gets monetary payment of $10,000. The impervious surface in the shoreline zone is reduced. There is opportunity to plant native vegetation in the shoreline zone. The city gets monetary payment of $93,849. There are three additional parking spaces under this option but impervious surface increases. The city gets monetary payment of $145,897. FINANCIAL IMPACT The land is valued at $25 per square feet. The right of way area is 17,103 square feet with a land value of $427,575. The developer had previously provided a cost estimate of $186,037 for the development of the pocket park. All three options listed above cost the developer $186,037. Additionally the developer has estimated about $6000 per year in maintenance costs. There is no negative financial impact to the city under any of the three options. City Council may want to decide what could be done with the monetary payment. This decision could occur separate from the development agreement process. Some options for the City Council to consider are: • Put the money the city's tree mitigation fund • Establish a shoreline restoration fund • Designate the money towards another project in the Urban Center such as Tukwila Pond or pedestrian bridge project. 118 INFORMATIONAL MEMO Page 5 • Designate the money towards any other project on the City's Capital improvement Program list • Put the money in the City's general fund. RECOMMENDATION Staff recommends that the city enter into the development agreement to share the parking in the right -of -way in order to facilitate the hotel development. Regarding the decision on the appropriate compensation for the shared use of right -of -way staff recommends option 2. Under this option the city will get a monetary payment of $93,849, impervious surface in the shoreline zone is reduced and the city still retains the opportunity to put in a pocket park at a future date. ATTACHMENTS A. Memo to Committee of the Whole Nov 24, 2014. B. Meeting minutes Parks Commission meeting Jan 21, 2015. C. Memo analyzing the proposal as it relates to the regulations in the shoreline zone along with the buffer map. D. Letter from the Developer with three alternative site plans. 119 City of Tukwila Attachment A Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM Jack Pace, Director Department of Community Development BY: Minnie Dhaliwal, Planning Supervisor DATE: November 18, 2014 (Revised after Community Affairs and Parks Committee meeting on November 12, 2014) SUBJECT: Development Agreement for the proposed hotel at 90 Andover Park East. ISSUE Should the City Council approve the proposed Development Agreement for the proposed hotel development at 90 Andover Park East that would allow the shared use of parking in the right -of- way of Christensen Road in exchange for the construction of a public pocket park? BACKGROUND Tukwila TSD LLC is proposing to develop a new five story hotel at 90 Andover Park East with approximately 90 guest rooms. One parking space per room is required for lodging uses in the Tukwila Urban Center Transit Oriented Development District. The developer has submitted a site plan showing that only 53 parking spaces can be accommodated on the project site Therefore the developer is proposing shared use of parking and drive aisle area in the right-of- way of Christensen Road in exchange for developing a public pocket park in the cul -de sac area of Christensen Road. TMC 18.86 allows the City to use development agreements to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. DISCUSSION The proposal reviewed by the Community Affairs and Parks Committee included: • Shared use of parking and drive aisle area in the right -of -way of Christensen Road, with 18 new parking spaces added by the developer within the undeveloped right -of -way area adjacent to the hotel site. The developer would also reconfigure the existing spaces to increase the number of parking spaces in the right -of -way. A total of 45 parking spaces would be available within the right -of -way; out of which 41 will be shared between the hotel use and members of the public with four spaces exclusively reserved for non -hotel users including those who want to access the Green River Trail. • In exchange for the shared parking the developer shall: a) Develop and maintain a public pocket park within the existing cul -de -sac area. b) Maintain the park and the parking area for the term of the agreement. c) Provide public access through the subject property to compensate for the cul -de -sac closure. d) Construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the pocket park and the Green River Trail. 121 INFORMATIONAL MEMO Page 2 • Initial term of 50 years with an option to extend for 30 additional years. • The agreement shall terminate if any of the following terms are not met: a) The applicant fails to submit a complete building permit application for the construction of the hotel within one year; or if the construction is not completed within three years; or if the developer does not comply with maintenance obligations for the park and the parking areas; b) If the property is redeveloped or a change of use occurs; c) If WSDOT widens 1 -405 or should any other project or condition arise that requires reconfiguration of Tukwila Parkway, the Project parking area, and /or the Pocket Park; d) If the developer abandons the project; e) The developer shall renegotiate a new agreement or provide documentation showing how the number of parking spaces required by code will be provided if the hotel use is to continue after the expiration of the agreement. This proposal furthers the following goals and policies of the City's Comprehensive Plan and the Southcenter Subarea Plan: • The .Southcenter Subarea Plan envisions that parking will be accommodated by a combination of off- and on- street parking spaces /lots and shared parking facilities within the Transit Oriented Development (TOD) Neighborhood. The Southcenter Element of Tukwila's Comprehensive Plan includes policy 12.2.1 to "Recognize, protect and enhance the open space network by augmenting existing parks, enhancing access to passive and active recreation areas such as Tukwila Pond, Minkler Pond and the Green River...." • The implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan includes, "Look for opportunities for pocket park development" and "Seek opportunities for public /private partnerships ". • Uses that provide public access and public recreation are prioritized in the Urban Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan. The pocket park and shared parking are considered mutually beneficial to the City and the developer for the following reasons: • There are currently only 27 parking spaces in the right of -way area and the proposal will provide 45 parking spaces. • Hotel parking spaces are expected to be used primarily in the evening and night time hours and parking for the trail access is expected to be used during day light hours. • The pocket park will complement the Green River Trail. • The proposal facilitates higher intensity development that is envisioned by the Comprehensive Plan for this area. • The cost of construction and maintenance of the pocket park and the parking spaces will be paid for bylhe developer in exchange for the shared use of the parking. • Members of the public and emergency vehicles will have access through the hotel parking lot. 122 INFORMATIONAL MEMO Page 3 Alternative proposal discussed at the Community Affairs and Parks Committee: Committee's Recommendation: At the Community Affairs and Parks Committee an alternative that would allocate the funds specified in the development agreement for the pocket park to go toward a tree planting project in the area of the river bank across Christensen Road was discussed. This alternative was recommended by the Committee as it advances the goals of regional efforts to restore aquatic ecosystems and salmon habitat in the Green - Duwamish watershed. Under this proposal, the developer would provide the money and the City could assume responsibility for the project, either alone or in collaboration with a group already doing this kind of restoration work. The Committee supported the alternative if it did not delay the agreement or add costs for the developer. The Committee agreed to forward the item for Committee of the Whole discussion to include the original proposal and additional analysis relating to the alternative proposal. The Committee of the Whole would then select the preferred option. Staff has further reviewed the alternative proposed by the Committee with the City's Public Works and Parks Department and listed below is their response. A map showing the riverbank area in the general vicinity of the subject site is attached to this memo. The total area from south of 1 -405 to the bend in the River is approximately 73,000 square feet. The project cost for any shoreline restoration project that includes site preparation and planting is approximately $2 per square foot. Review of the Committee's recommendation by Bob Giberson, Public Works Director: Following projects are underway that might preclude the quick approval of a Green River planting plan adjacent to 90 Andover Park East along the river: a) Green River System Wide Improvement Framework (SWIF) process will be ongoing through early 2015. It is a US Army Corp of Engineers planning process that is being completed by King County Flood Control District. It involves ongoing engagement with state /federal agencies, business community, environmental community, WRIA9 and other agencies. It will include a prioritized list of capital projects to achieve flood protection goals and vegetation management plans to address large trees and shrubs location with respect to levees. More information about SWIF is available online at http:!!ww v. kingcounty.gov /enviro.nment /w1r /sections - programs /.river- floodplain-section/ capital- projects /green- river- system - wide- improvement- framework.aspx b) The Tukwila 205 Levee Certification effort will not be completed for at least one year. The biggest unknown to obtain FEMA levee accreditation approval is the scope of repairs and /or improvements. Any required repairs and /or improvements will jeopardize any recent plantings. c) The TUC Pedestrian /Bicycle Bridge final design may include habitat mitigation near the bend in the river to the south of 90 Andover Park East. The design for this project will be completed in 2015 and constructed by 2017 As an alternative option, it appears that there is sufficient contingency in the pocket park cost estimate to allow the developer to contribute $10-,000 towards a planting plan for the riverbank. Once a planting plan is approved by the necessary agencies, the developer's funds can be used as a match to other available funds for a complete habitat enhancement planting effort in this vicinity. 123 INFORMATIONAL MEMO Page 4 Review of the Committee's recommendation by Rick Still, Parks and Recreation Director: Background on why the pocket park is a valid proposal: a) A system of pocket parks in the Tukwila Urban Center (TUC) is vital to meeting the recreation and social needs of the community because purchasing larger parcels in this area is cost prohibitive at this time. The few parks currently located in TUC are heavily used by patrons for spending time away from offices on breaks, gaining access to the trail system, meeting people to gather and socialize, for exercise at or to visit as a part of their exercise routine, for access while walking to the train, and to enjoy nature while in an urban setting. b) In 2006, staff met with a developer who introduced the concept of using the Christensen Trail parking area as part of their development located between Christensen Road and Andover Park East. Through discussions with this developer, staff hired a landscape architect to initiate a site study and prepare a conceptual design for a pocket park at the turnaround at the north end of Christensen Road. This conceptual design was utilized with several developers throughout the past seven years. c) The Christensen Road pocket park provides an area on the north end of the TUC where there currently is not a recreational opportunity for the community. The area is easily accessed from local businesses and residential areas near City Hall. Hotel development in this area increases the need for a park since many of the people staying in hotels will be using the trail to access Starfire Sports at Fort Dent Park. The park will help contribute to a more connected community and build a sense of community pride. Staff has looked at ways to accommodate tree planting along the Green River while maintaining construction of the pocket park. Staff believes that with value engineering of the pocket park the developer could reduce the construction cost to allow approximately $10,000 for tree plantings along the Green River Trail at Christensen Road. The Committee of the Whole has the following options: 1. Approve the development agreement as originally proposed to allow shared parking in the right -of -way in exchange for building and maintaining a pocket park. 2. Approve the development agreement for the alternative proposed by the Community Affairs and Parks Committee to allow shared parking in the right -of -way in exchange for getting a monetary payment for the Green /Duwamish riverbank planting project. 3. Approve the development agreement as originally proposed with an amendment to include $10,000 payment by the developer towards Green /Duwamish River restoration /planting projects or to implement the goals and policies of the Comprehensive Plan related to Urban Forestry. FINANCIAL IMPACT There is no financial impact to the City as all costs associated with the development and maintenance of the pocket park and additional parking shall be borne by the developer. The developer's cost estimate for the development of the pocket park and additional parking area is $186,037. Also, the annual maintenance costs are anticipated to be $6000 per year and subject to inflation over the term of the agreement. The land value of the right -of -area with the shared parking is $427,575 ($25 per square foot for 17,103 square feet total area). INFORMATIONAL MEMO Page 5 RECOMMENDATION The Council is being asked to hold a public hearing on this item and select one of the options listed above. Staff recommends approving the development agreement as originally proposed with an amendment to include $10,000 payment by the developer for the Green/Duwamish River restoration /planting project or to implement the goals and policies of the Comprehensive Plan related to Urban Forestry. If the Council selects this option then Section 8 of the Development Agreement will be revised to include a clause stating the developer shall be responsible to make a payment of $10,000 for Green/Duwamish River restoration /planting projects or to implement the goals and policies of the City's Comprehensive Plan related to Urban Forestry. This payment shall be required prior to the issuance of the building permit for the hotel. Also, Exhibit 3 shall be amended to reflect this payment. Staff also recommends adding two items to the 2015 work plan: a) Review current policies regarding non - public uses in the public right -of -way. b) Review policies /projects for restoration /planting projects of the Green /Duwamish riverbank and how the city will implement the goals and policies of City's Comprehensive Plan relating to Urban Forestry. ATTACHMENTS Vicinity Map Draft Ordinance Development Agreement Exhibit 1- Legal Description Exhibit 2- Conceptual Site Plan Exhibit 3- Conceptual Site Plan of the Pocket Park; list of park amenities with construction cost estimates; and land value estimates. Map showing the riverbank in the vicinity of the subject site Minutes from Community Affairs and Parks Committee meeting Nov 12, 2014. 125 Attachment B • tai T U KW I LA PARKS & RECREATION GOOD HEALTHY FUN PARKS COMMISSION MINUTES January 21, 2015 5:30pm Tukwila Community Center Call to Order: Committee Vice - Chairperson Don Scanlon called the meeting to order at 5 :37pm. Attendance: Commissioners — Don Scanlon, Alice Russell, Joanne McManus Staff — Dave Johnson Approval of Minutes: Alice Russell moved to approve the minutes of the November 19, 2014 meeting. Joanne McManus seconded the motion. The motion passed unanimously. Business Items A. Project Update — The Commission reviewed the Project Update included in the Agenda Packet. B. Commission Appointments — Staff informed the Commission that Julie Lee has resigned her position on the Commission due to time constraints and will begin advertising to fill the vacancy. Hassan Abdi's position on the Commission as a Student Representative expires in June 2015. Hassan will work with staff to recruit a student to replace him. Alice Russell's term on the Commission expires in March 2015, C. Department Update — Staff informed the Commission of department updates including the MLK Day of Service at TCC and Duwamish Hill Preserve, transfer of Pool operations to the MPD, and recent clean -up work at Crystal Spring Park. Staff provided updates and the Commission offered feedback to the staff on the following items: 1. Duwamish Gardens — Commission asked to begin considering names for the site. The Commission would like to get some historical information about the site. Also suggested the idea of holding a public contest to name the site. Golf Cart Purchase at Foster Golf Links - The Commission supports the purchase. Chinook Wind project - The Commission supports this project, especially as it ties in with Duwamish Gardens and Duwamish Hill Preserve. 4. Pocket Park project —The Commission supports the development of the originally proposed Pocket Park design along Christensen Road. Other A. Don Scanlon attended the City training on the Open Government Trainings Act on January 12, 2015 and provided a summary to the Commission. B. Joanne McManus asked staff to look into jackets or some other apparel for the Commissioners as an identifier when meeting with the community and out in the public. C. Don Scanlon noted that due to pollution, nearly all of the coho eggs in the Southgate Creek incubator have died. Don is working with Public Works on this. Adjournment: Alice Russell moved to adjourn at 6 :13pm. The motion was seconded by Joanne McManus. The motion passed unanimously. 127 ■ + ■ TU KWI LA PARKS COMMISSION PARKS & RECREATION GOOD HEALTHY FUN MINUTES February 18, 2015 5:30pm Tukwila Community Center Call to Order: Chairperson Sean Albert called the meeting to order at 5:34pm. Attendance; Commissioners — Sean Albert, Don Scanlon, Alice Russell, Joanne McManus Staff — Dave Johnson, Robert Eaton, Ryan Larson Approval of Minutes: Don Scanlon moved to approve the minutes of the January 21, 2015 meeting. Alice Russell seconded the motion, The motion passed unanimously. Business Items A. Project Update — Ryan Larson from the City's Public Works Department provided updates to the Commission on the status of the Duwamish Gardens project as well as the potential Chinook Winds site. Dave Johnson presented information to the Commission on the "classroom" in Phase 11 of the Duwamish Hill Preserve. Commissioners offered input and feedback including how nice and attractive it is while also noting the potential for vandalism and wanting the surface to be safe for walking. Mr. Johnson will forward the feedback to the designer. B. Commission Appointments — Alice Russell's term on the Commission expires in March 2015 and expressed her desire to not be re- appointed. However, she did agree to re- appointment until a replacement is found. Staff noted that search for replacement will begin immediately. C. Department Update —Staff informed the Commission of department updates including the upcoming Dr. Seuss event on 2/26, and maintenance closure at the Community Center from March 16 -22. D. Park Rules and Regulations —Staff shared the progress of the work of updating the Park Rules and Regulations. Alice Russell moved to approve the direction that staff is going on this update. Joanne McManus seconded the motion. The motion passed unanimously. Other A. Staff presented updated information on the Development Agreement for the proposed hotel at 90 Andover Park East (also known as "Pocket Park"). Much discussion ensued about the 3 different options being presented: 1) Pocket Park, 2) Cul -de -sae to Landscaping, and 3) Cul -de -sac to Parking. Don Scanlon moved to reject option 3. Joanne McManus seconded the motion. The motion passed unanimously. Adjournment: Alice Russell moved to adjourn at 7:25pm. The motion was seconded by Joanne McManus. The motion passed unanimously. 128 Attachment C Analysis of the proposal as it relates to the regulations in the shoreline zone State Shoreline requirements are implemented through the Shoreline Overlay District in the Tukwila Zoning Code (Tukwila Municipal Code (TMC) 18.44). Tukwila's shoreline regulations were updated in October, 2011 when the Department of Ecology approved the City's new Shoreline Master Program (SMP) and implementing regulations. If the Council decides to enter into the development agreement for the use of public right -of -way for the hotel development, the project is still subject to obtaining approval of a Shoreline Substantial Development Permit by the Community Development Director and Design Review approval by the Board of Architectural Review. What is the process for the shoreline permit? A Shoreline Substantial Development Permit is required for the construction of a hotel at the property located at 90 Andover Park East. The decision on this permit is made administratively by the Director of the Department of Community Development after the expiration of a 30 day public notice period. As part of that process, a detailed staff report that analyzes the proposal with respect to the City's Shoreline Master Program is prepared and a decision is rendered. The City's decision is sent to the Department of Ecology for its review. There is a 21 day appeal period on Shoreline Substantial Development Permits and no construction may occur during that time. What is the shoreline environment designation around the subject site? The shoreline environment along the west side of the Green/Duwamish river bank from I -405 to the south city limits is Urban Conservancy. The shoreline in this area is part of the Tukwila 205 Levee. What is the shoreline zone and shoreline buffer in this area? The shoreline zone is the entire 200 feet from the ordinary high water mark (OHWM) of the River. Within the 200 foot shoreline jurisdiction, there is a shoreline buffer, which in this area is 125 feet from the OHWM due to the presence of 205 levee. Also, it is important to note that if there is a road that runs parallel to the river through the buffer, the buffer ends on the river side of the existing improved street or roadway. See attached map that shows the shoreline buffer around the subject site. What uses are allowed in the shoreline buffer area? TMC 18.44.050 lists the permitted uses in the shoreline buffer of the Urban Conservancy environment. Parks and maintenance of existing streets and rights -of -way are permitted in the buffer area. Additionally, any proposed project in the shoreline zone is reviewed to ensure that the proposed use is consistent with TMC 18.44.030 - Shoreline Use Matrix and the underlying zoning. The current proposal to build a hotel at the subject site is a permitted use outside the shoreline buffer. 129 What other shoreline requirements will apply to the proposed project? As part of the shoreline permit review process the proposed project will be reviewed to ensure the following code requirements are met: a) TMC 18.44.070 C. i) General Standards to meet standards of the underlying zoning district. ii) Setbacks and site configuration requirements. iii) Height Restrictions of 15 feet within the river buffer area and 45 feet between the outside edge of the buffer and 200 feet of the OH■M. iv) Lighting to meet minimum lighting levels and at the same time preventing spillover on the river channel. v) Off street parking and loading — requirements to screen parking, loading or storage facilities located between the river and any building. b) TMC 18.44.080 Vegetation and Landscaping: The project will be reviewed for consistency with the Shoreline Master Program's vegetation and landscaping requirements. Please note that on properties located behind publicly maintained levees, an applicant is not required to remove invasive vegetation or plant native vegetation within the river buffer. However retention of existing trees; planting standards for interior parking lot and yard landscaping standards are required along with specific vegetation management standards including limitations on use of pesticides. c) TMC 18.44.100 Public Access: The project will be reviewed for consistency with the public access requirements. As part of the development agreement, the developer has agreed to construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the Green River Trail. d) Analysis of "no net loss of the ecological function" shall be done. This analysis shall take into consideration how much vegetation currently exists within the 200 foot shoreline jurisdiction; what is the condition of the shoreline; and how the proposed project impacts the shoreline. This analysis takes into consideration if any fill is proposed along the shoreline; if any stormwater will be discharged to the river; and if there is any alteration of the vegetation. If any loss of ecological function is anticipated then the loss is mitigated through one or a combination of the mitigation sequencing steps identified in the SMP. 130 Shoreline Buffer: 90 Andover Park East 3 2 Attachment D January 27, 2015 Ms. Minnie Dhaliwal Planning Supervisor City of Tukwila 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 Sent via email: Minnie.Dhaliwal @TukwilaWA.gov RE: Proposed hotel to be located at 90 Andover Park East by Tukwila TSD LLC Dear Ms. Dhaliwal: We have reviewed the attached three development scenarios that include design options for development of our proposed hotel and the adjacent parking area and /or pocket park that would allow shared use parking in the right -of -way of Christensen Road. We are seeking approval of one of the options so that we may finalize a Development Agreement that would allow shared use parking in exchange for the selected option. We want the City to select the Scenario that is best suited for their needs; however, we are of the opinion that Option 3, which would maximize parking for the park and hotel and allow for development of 101 spaces (53 on -site hotel spaces and 48 off -site spaces along Christensen Road) is the best option for the City, Public, and hotel. The cost for development of this scenario is approximately $40,140 which would include a payment of $145,897 to the City for utilization as deemed most appropriate for the City's needs. The second preferred option is Option 2. This Scenario would include landscaping the cul -de sac area at the north end of Christensen Road which would allow for development of 98 spaces (53 on -site hotel spaces and 45 off -site spaces along Christensen Road). The cost of this scenario is estimated to be $92,188 with a residual amount of $93,849 being paid to the City for utilization as deemed most appropriate for the City's needs. The third preferred option is Option 1. This scenario would include development of the existing cul de sac into a pocket park as initially proposed which would allow for development of 98 spaces (53 on -site hotel spaces and 45 off -site spaces along Christensen Road). The cost of this scenario is estimated to be $186,037 less $10,000 that will be paid to the City for use along the Green River Shoreline or for other appropriate uses. 133 .Ms. Minnie Dhaliwal January 27, 2015 Page 2 The proposed hotel will include 92 rooms with no restaurant and only a board room and one small meeting room which should minimize the amount of parking required (94 spaces required per hotel company). Most of the hotel's parking will be required during the late evening hours with minimal parking needed during daylight hours. We have also attached a summary of three different hotels' parking requirements at various times of the daylight hours. Based on our experience, guests will require minimal parking during the daytime hours which should leave more than adequate parking for the public (see the attached parking summary). Our architect cannot finalize plans until we have approval to proceed. We have already acquired the site and would greatly appreciate a timely decision so that we might move forward with the preliminary design that must then be submitted to the City for review and approval before we can get building permits. We thank you for your assistance and look forward to expediting the Development Agreement. Sincerely, 134 Parking Stats: Based on the hotels we operate within King County in neighboring cities close to Tukwila and Eastern Washington, this is an example of what we observed from the hotel parking lot. All three hotels include one board room and one hotel also has an additional meeting room that seats 50 persons (p). None of the hotels has a restaurant. The following tables show the occupied rooms for the day and number of cars parked at the designated hours surveyed. Hotel 1 [60] 1 Board room Friday /Sat Sunday Mon — Wednesday Thursday Occupied Rooms 38 20 24 22 11 AM — Cars in lot 3 4 4 2 5PM —Cars in Lot 1 1 7 3 Hotel 2 [100] 1 Board Room & 1 Meeting Room 50p Friday /Sat Sunday Mon — Wednesday Thursday Occupied Rooms 26 17 65 51 11 AM — Cars in Lot 7 2 5 4 5 P — Cars in Lot 3 3 18 6 Hotel 3 [85] 1 Board room Friday /Sat Sunday Mon — Wednesday Thursday Occupied Rooms 65 18 37 32 11 AM — Cars in Lot 6 7 6 4 5 P — Cars in Lot 5 4 10 7 135 OPTION I - POCKET PARK CC 0 0 Z PROPERTY LINE ler EXISTING CURB LINE TUKWILA PAR_ KWAY PATIO HOTEL 5 -STORY 59, 170 SQ. FT. 92 UNITS II • ■ la Ib & TYPICAL PARKING (S. CE 9'X19' b4 c LANDSCAPING AR INI SAC � INIr 'AC S 53 ONSITE PARKING SPACES CICICLAtJ SCAPINGCnCICICIC�CICIC C cll CHRISTENSEN ROAD a 4 OFFtrITE PARKING N SITE PLAN - OPTION 53 ONSITE PARKING SPACES 45 OFFSITE PARKING SPACES 98 TOTAL RE- STRIPE EXISTING FOR INCREASED PARKING SPACES FROM 24 SPACES TO 27 HOLIDAY INN XPRESS TULWILA, WA TUKWILA TSD L.L.C. Daic 5weenecj ARCHITECT 1/22/1 5 5715 143rd Place S.E. Bellevue, WA 98006 425 - 260 -8969 136 OPTION 2 - CUL DE SAC INTO LANDSCAPING H w d CC w 0 0 Z PROPERTY LINE EXISTING CURB LINE LANDSCAPING TUKWILA PARKWY 11d4 LS II PATIO HOTEL 5 -STORY 59,170 50. FT. 92 UNITS - TYPICAL PARKING CE 9'X19' N C C C C C C C C C V4 LANDSCAPING glgt Aff 53 ONSITE PARKING SPACES C C _ANDSCAFII 1c C CICICIC C W OF SI 'AR INI, S AC — Li Hw ViU ti Q a w o'n 3ID Z Y a a 4� OFITE PARKING CHRISTENSEN ROAD SITE PLAN - OPTION 2 I . = 50_0" 53 ONSITE PARKING SPACES 45 OFFSITE PARKING SPACES 98 TOTAL MOM RE- STRIPE EXISTING FOR INCREASED P HOLIDAY INN XPRESS TULWILA, WA TUKWILA TSD L.L.C. Dale Sweeney ARCHITECT 1/22/15 5715 143rd Place S.E. Bellevue, WA 98006 425 - 260 -8969 137 OPTION 3 - CUL DE SAC INTO PARKING ANDOVER PARK EAST EXISTING CURB LINE TUKWILA ARKWAY 1104 ALKW N1 AA smia PROPERTY LINE HOTEL 5-STORY 59,170 5Q. FT. 92 UNITS & TYPICAL PARKING 'CE 9'X19' N LANDSCAPING 53 ONSITE PARKING SPACES 111111LIncjacj Icic CICIC C C C C PARKING SPACES W V) I— W V1U li L C LJ j " CL ¢ CHRISTENSEN ROAD a 4� OFFITE PAR NG SITE PLAN - OPTION 3 I • = 50.0" 53 ONSITE PARKING SPACES 48 OFFSITE PARKING SPACES 101 TOTAL wow • HOLIDAY INN EXPRESS TULWILA, WA TUKWILA TSD L.L.C. Dade Sweenec ARCHITECT 1 /22/15 5715 143rd Place S.E. Bellevue, WA 98006 425 - 260 -8969 138 FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING THE DEVELOPMENT AGREEMENT WITH TUKWILA TSD, LLC, FOR THE SHARED USE OF PARKING IN THE PUBLIC RIGHT -OF -WAY OF CHRISTENSEN ROAD AS IT RELATES TO THE PLANNED DEVELOPMENT OF A HOTEL LOCATED AT 90 ANDOVER PARK EAST; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties; and WHEREAS, Tukwila TSD, LLC, desires to build a new five -story hotel at 90 Andover Park East with over 90 guest rooms; and WHEREAS, Tukwila TSD, LLC, proposes non - exclusive use of parking and drive aisle area in the right -of -way of Christensen Road to meet the parking requirements for the proposed hotel at 90 Andover Park East; and WHEREAS, Tukwila TSD, LLC, also proposes to construct additional parking in the right -of -way, provide monetary compensation to the City for the shared use of parking, and maintain parking in the public right -of -way for the term of the agreement; and WHEREAS, the City of Tukwila and Tukwila TSD, LLC, wish to enter into a Development Agreement for the shared use of parking in the public right -of -way of Christensen Road as it relates to the planned development of a hotel located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing was conducted on the 24th day of November 2014 to take public testimony regarding this Development Agreement, as proposed; and W: Word Processing \Ordinances \DA - Shared use of parking at 90 APE DA 2 -27 -15 MD:bjs Page 1 of 2 139 WHEREAS, the City Council finds that the terms of this Development Agreement are necessary to achieve public benefits, to respond to changing community needs and to encourage modifications that adequately achieve the purposes of otherwise applicable City standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement. The Development Agreement by and between the City of Tukwila and Tukwila TSD, LLC, for the use of shared parking in the public right -of -way of Christensen Road as it relates to the planned development of a hotel located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Exhibit A — Development Agreement Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \DA - Shared use of parking at 90 APE DA 2 -27 -15 MD:bjs 140 Page 2 of 2 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND TUKWILA TSD LLC, FOR THE SHARED USE OF PARKING IN THE RIGHT -OF -WAY OF CHRISTENSEN ROAD, AS IT RELATES TO THE PLANNED DEVELOPMENT OF A HOTEL LOCATED AT 90 ANDOVER PARK EAST I, PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of , 2015, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Tukwila TSD LLC, a (corporation, limited partnership, partnership, etc.) organized under the laws of the State of Washington, hereinafter the "Developer." II. RECITALS WHEREAS, the Developer desires to develop a new five-story hotel at 90 Andover Park East with over 90 guest rooms; and WHEREAS, one parking space per guest room is required for lodging uses in the Tukwila Urban Center Transit Oriented Development District; and WHEREAS, the Developer has submitted a site plan showing the required number of parking stalls for the hotel cannot be accommodated as surface parking on the project site; and WHEREAS, the Developer proposes non - exclusive use of parking and drive aisle area in the right -of -way of Christensen Road to meet the parking requirements for the proposed hotel at 90 Andover Park East; and WHEREAS, the City of Tukwila is the owner of the Christensen Road right -of -way, which includes undeveloped area adjacent to the project's eastern property line, paved street, parking, and cul -de -sac areas; and WHEREAS, the parking area in the right -of -way of Christensen Road is currently used by members of the public for access to the Green River Trail, shoreline, and parks areas; and WHEREAS, hotel parking spaces are expected to be used primarily in the evening and nighttime hours; parking spaces for trail, shoreline, and parks access are expected to be used during daylight hours; and WHEREAS, the Developer proposes to add parking spaces within the undeveloped right -of- way area adjacent to the hotel site and to reconfigure existing spaces to increase the number of parking spaces that would be shared for hotel use and the public for access to the Green River Trail; and 1 141 WHEREAS, all parking spaces within the right - of-way area will be shared and at least four /seven spaces will be designated for non -hotel users to ensure access to the Green River Trail for members of the public; and WHEREAS, the Developer proposes to maintain the parking area within the right -of -way as outlined in Exhibit 2 for the length of this agreement; and WHEREAS, the vision for parking areas within the Transit Oriented Development (TOD) Neighborhood in the Southcenter Subarea Plan is that "parking will be accommodated by a combination of off- and on-street parking spaces /lots" and shared parking facilities. "Such facilities can he shared between public and private uses" (p. 19); and WHEREAS, the Developer proposes to construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the Green River Trail; and WHEREAS, implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan include "Seek opportunities for public /private partnerships;" and WHEREAS, a through -way from Andover Park East to Christensen Road will be constructed as part of the project to replace the emergency vehicle maneuvering function of the cul -de -sac; and WHEREAS, uses that provide public access are prioritized in the Urban Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan and the proposed development furthers this goal; and WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.I70(I)); and WHEREAS, for the purposes of this development agreement, "development standards" includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RC'W 36.70B.170(1)); and 2 142 WHEREAS, Tukwila Municipal Code Section 18.86.030 explicitly allows for flexibility in development standards applicable to a property developed under a development agreement "to achieve public benefits, respond to changing community needs, or encourage modifications which provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards "; and WHEREAS, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement "), relates to the development known as the 90 Andover Park East Hotel, which is located at: 90 Andover Park East (hereinafter the "Subject Property "); and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200); and WHEREAS, a public hearing for this Development Agreement was held on November 24, 2014, and the City Council approved this Development Agreement by Ordinance No. on and NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: M. AGREEMENT Section I. The Protect. The Project is the development and use of the Subject Property, consisting of 0.39 acres (approximately17,000 square feet) in the City of Tukwila located at 90 Andover Park East and a portion of Christensen Road right -of -way for a 92 -room 5 -story hotel and 45(option 2) / 48(option3) shared parking spaces on Christensen Road right -of -way, as shown on Exhibit 2. Section 2. The Subject Property. The Subject Property and right -of -way are legally described in Exhibit 1, attached hereto and incorporated herein by this reference. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200. b) "Council" means the duly elected legislative body governing the City of Tukwila. c) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City. d) "Director" means the City's Community Development Director. e) "Effective Date" means the effective date of the Adopting Ordinance. 3 143 f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, building standards. "Existing Land Use Regulations" does not include non -land use regulations, which includes taxes and impact fees. g) "Landowner" is the party who has acquired any portion of the Subject Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The "Developer" is identified in Section 5 of this Agreement. h) "Project" means the anticipated development of the Subject Property, as specified in Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits. i) "Vesting date" means the date a valid and fully complete building permit application for the hotel is submitted to the City of Tukwila. Section 4. Exhibits. Exhibits to this Agreement are as follows: A. Exhibit 1 - Legal description of the Subject Property and the right -of -way. (Option 2 or 3) B. Exhibit 2 - Conceptual Site Plan (Option 2 or Option 3) Section 5. Parties to Development Agreement. The parties to this Agreement are: A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" or Owner is a private enterprise which owns the Subject Property in fee, and whose principal office is located at 21109 66th Avenue South, Kent, WA 98032. C. The "Landowner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property. Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as explicitly outlined in this Agreement and as authorized in the exercise of its governmental functions. 4 144 Section 7. Effective Date and Term. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of 50 years, with the option to extend the Agreement an additional 30 years, unless extended or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post- termination obligations of the Developer or Landowner. Section 8. Terms. A. Design • The Project at 90 Andover Park East shall be allowed non - exclusive use rights for the parking spaces and drive aisle area of Christensen Road (as depicted in Exhibit 2) to meet minimum parking requirements for the development. This Agreement shall not preclude the City from entering into additional agreements regarding use of this area by other private parties. The Project will be subject to the development regulations in effect at the time of complete permit application submittals. • The site plan attached as Exhibit 2 is included with this Agreement for reference only, and has not yet been approved as of the date of execution of this Agreement. The site plan shall be subject to modifications during review of the required land use permits. • As a result of the cul -de -sac closure, public access through 90 Andover Park East is hereby allowed and provided for. • The Developer shall construct a pedestrian connection between the intersection of Andover Park East and Tukwila Parkway to the Green River Trail. • All shared parking stalls will be constructed and maintained to Public Works Infrastructure Design and Construction Standards. • The Developer shall be responsible for making a payment of $93,849(option 2)/ $145,897(option 3) to the City of Tukwila. This payment shall be made prior to the issuance of the building permit for the hotel. B. Construction • The cost of permits and plans required for construction of the parking area shall be borne by the Developer and submitted as part of the permits for the hotel. The parking in the right - of-way must receive final approval by all required City departments prior to issuance of the Certificate of Occupancy for the hotel. C. Maintenance • The parking area shall be subject to inspections every five years. • Developer is solely responsible for the cost and maintenance of the parking spaces. New striping of the parking spaces shall be completed every three years. 5 145 D. Operations • A total of 92 parking spaces are required for the 92 -room hotel as proposed. The site plan in Exhibit 2 includes 98(option2) / 1O1(option3) parking spaces. All parking spaces within the right -of -way of Christensen Road shall be for the joint use of the hotel users and members of the public and at least four(option2) / seven(option3) spaces shall be designated for non - hotel users to ensure access to the Green River Trail for members of the public. If the final design of the hotel is for less than 92 rooms, then any additional spaces after calculating one space per room plus two spaces shall be designated for non - hotel users. Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. Section 10. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. Section 11. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under Shoreline Substantial Development Permit and Design Review. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Existing Land Use Regulations. Section 12. Existing Land Use Fees and Impact Fees. A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and are applicable to permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in Chapters 16.26 and 9.48 of the Tukwila Municipal Code. IV. GENERAL PROVISIONS Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of the Developer and the City. 6 146 Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and/or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the Developer fails to submit a complete building permit application for the construction of the hotel within one year, or if the Project construction is not completed within three years, of the effective date of this Agreement; or if at any time after Project construction is completed, Developer fails to maintain the parking areas according to the terms of this Agreement. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. B. This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals identified in this Agreement, or submits applications for development of the Subject Property that are inconsistent with such permits and approvals. C. This Agreement shall terminate at such time as a change of use occurs at 90 Andover Park East, or at such time as 90 Andover Park East is redeveloped. D. This Agreement shall terminate in the event the Washington State Department of Transportation (WSDOT) widens Interstate 405 in the vicinity of the Subject Property, or should any other project or condition arise that requires reconfiguration of Tukwila Parkway and/or the Project parking area. E. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if /when written notice is provided to the City that the Developer's interest in the Project has been terminated. Said notice shall be given to the City no more than 30 days after the Developer's interest in the Project is terminated. F. This Agreement may terminate pursuant to Section IV.,3, Severability, or Section IV., I0, Default, or as otherwise outlined in this Agreement. G. If the use will continue upon expiration of the term of this Agreement, the Developer shall either negotiate a new agreement with the City or provide documentation showing how the number of parking spaces required by the codes at the time of expiration will be provided. 7 147 Section 5. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditions of any other development . specified in the Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes. Section 6. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning laws). Section 7. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution. A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have 30 days from receipt of written notice in which to cure the alleged breach unless the Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the cure period, or (b) the conclusion of any dispute resolution process. B. After notice and expiration of the ,30 -day period or other time period as agreed to by the Parties, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce 8 148 the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for violations of this Development Agreement and the Code. Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Section 12. Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are not other agreements, oral or written, except as expressly set forth herein. Section 13. Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 14. Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see RCW 36.70B.200). However, nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Nothing in this Development Agreement shall prevent the City Council from making any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the Subject Property. Section 16. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. 9 149 Section 17. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first -class mail to the addresses of the parties as designated in Section 5. Notice to the City shall be to the attention of both the Mayor's Office and the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. This Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed to the City for the Project, are paid to the City. This Agreement shall be terminated if the Developer does not pay to the City the fees provided for in this section. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within 30 days from the City's presentation of a written statement of charges to the Developer Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein, the City and Developer will collaborate to resolve such legal action. In the event such legal action cannot be resolved, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or Landowner(s). In such event, Developer and/or such Landowners shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. Neither the City nor the Developer and/or Landowner shall settle any lawsuit without the consent of the other. The City and Developer/Landowner shall act in good faith and shall not unreasonably withhold consent to settle. Section 21. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 22. Headings. The headings in this Agreernent are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 23. Recording. Developer shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.7013.190, no later than 14 days after the Effective Date. 10 150 Section 24. Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNER/DEVELOPER: CITY OF TUKWILA By By Its Managing Member Tukwila TSD LLC 21109 66th Avenue South Kent, WA 98032 STATE OF WASHINGTON ) ) ss. COUNTY OF Its Mayor ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney On this day of , 2015, before me personally appeared , to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute said instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 11 151 STATE OF WASHINGTON ) ) ss. COUNTY OF } On this day of , 2015, before me personally appeared , and said person acknowledged that he/she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged as the of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 12 152 Exhibit Exhibit 1: Legal Description Legal Description shall be revised based on the final decision by City Council. 153 Exhibit 2 (Option 2) OPTION 2 - CUL DE SAC INTO LANDSCAPING 1- a_ ct W O 0 Z PROPERTY LINE EXISTING CURB LINE TUKWILA PARK LANDSCAPING 1 06-P ..4 LS PATIO HOTEL 5 -STORY 59, 170 5Q. FT. 92 UNITS OF & TYPICAL PARKING 'CE 9'X19' - 3s. N C C C C C C 00 AR IN Ia I b C C 53 ONSITE PARKING SPACES C C _ANDSCAPIN ICICICIC CICICICIC Jw SI �\ AC� CHRISTENSEN ROAD a 4� OFFIIITE PAR NG C SITE PLAN - OPTION 2 "= 5O-O" 53 ONSITE PARKING SPACES 45 OFFSITE PARKING SPACES 98 TOTAL RE- STRIPE EXISTING FOR INCREASED PARKING SPACES FROM 24 SPACES TO 27 HOLIDAY INN XPRESS TULWILA, WA TULWILA TSD L.L.C. Dade ,)vv necJ, ARCHITECT 1/22/15 5715 143rd Placa S.E. Bellew°, WA 98006 425 - 260-8969 154 Exhibit 2(Option3) OPTION 3 - CUL .DE SAC INTO PARKING 1- w cc 0 z PROPERTY LINE EXISTING CURB LINE TUKWILA PARS nv4 ow PATIO HOTEL 5 -STORY 59,170 50. FT. 92 UNITS 4 "Ma PARKING S ACES 6- TYPICAL PARKING 'CE 9'X19' zer LANDSCAPING I a 1 b iL 53 ONSITE PARKING SPACES C LAN SLAPIING C - -cicic ccc va CHRISTENSEN ROAD a 4� OFFSITE PAR NG SITE PLAN - OPTION 3 53 ONSITE PARKING SPACES 48 OFFSITE PARKING SPACES 101 TOTAL Woo • RE- STRIPE EXISTING FOR INCREASED PARKING SPACES FROM 24 SPACES TO 27 HOLIDAY INN EXPRESS TULWILA, WA TUKWILA TSD L.L.C. Daie ,3weenecJ. ARCHITECT 1/22/15 5715 143rd Place S.E. Bellevue, WA 98006 425-260-8969 155 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes February 23, 2015 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg Staff: David Cline, Rick Still, Bob Giberson, Dave Johnson, Jack Pace, Nora Gierloff, Minnie Dhaliwal, Rachel Turpin, Laurel Humphrey Guests: David Kwok, Thomas Kennedy, Dale Sweeney, Brook Alford CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Development Agreement for Proposed Hotel at 90 Andover Park East Staff is seeking Council approval of a development agreement with Tukwila TSD LLC for a new five story hotel at 90 Andover Park East with approximately 90 rooms. The development agreement would waive the parking requirement of one space per room in lieu of a proposal for shared parking and drive aisle area in the Christensen Road right -of -way. When this item was originally presented to the CAP Committee in November 2014, the agreement included a provision for the developer to develop and maintain a pocket park in the adjacent cul -de -sac in exchange for the use of the right -of -way. On December 1, 2014 the Committee of the Whole referred this matter back to Community Affairs and Parks with the intent for the Committee to review additional information regarding the proposal's compliance with the Shoreline Master Program (SMP), as well as review of the parking needs of recreational trail users. Since that time the developer has proposed two additional options for compensation, and the Park Commission has reviewed these as well. To organize the issues at hand, staff asked the Committee the following questions: 1) Does the proposal comply with the City's shoreline regulations? Staff confirmed that the conceptual site plan meets shoreline use, site setback and site configuration requirements. Further review by the City and the Department of Ecology will occur when the construction plans are submitted. 2) Does the City want to allow use of public right -of -way for shared parking for the hotel? Committee members expressed support for this development and the plan to share parking. 3) How many parking spaces should be shared and how many should be guaranteed for trail users? Committee members and staff discussed this at length with an emphasis on ensuring sufficient parking for trail users, including evening hours. While the current proposal guarantees four dedicated recreational spots, trail users are allowed to use any available spot in the shared parking area which is currently designed to have 45 spots. Based upon current trends and experience with its other hotels, the developer believes that parking demand will be less than one car per room, and there will be ample parking for both guests and trail users. The Committee did not make a firm recommendation on the number of dedicated parking spaces, but ultimately requested that if the number of proposed hotel rooms is reduced in the final plan, that additional parking spots be dedicated to trail use. 157 Community Affairs & Parks Committee Minutes February 23, 2015 - Page 2 4) What is the appropriate compensation to the City for shared parking in the right - of -way? Since the Council last reviewed this proposal the developer has prepared the following options: Option 1: Develop and maintain a public pocket park in the existing cul -de -sac, with $10,000 payment to the City. Option 2: Replace the asphalt in the cul -de -sac area with landscaping, with a $93,849 payment to the City. Option 3: Convert the cul -de -sac into parking area, with a $145,897 payment to the City. All three options cost the developer $186,037, none present a negative financial impact to the City, and the pedestrian connection from Andover Park East is not affected in any scenario. Staff recommends option 2 because the City will receive monetary compensation, impervious surface in the shoreline zone is reduced, vegetation is added, and the City retains the flexibility to construct the pocket park in the future if it desires. The Park Commission has also been briefed on the proposal and while it is supportive of the proposed pocket park, at its February meeting it unanimously voted to reject Option 3. The Committee discussed the merits of each, and options 2 and 3 emerged from this discussion without full agreement. The Committee asked that a development agreement be drafted including options 2 and 3 for Committee of the Whole discussion. The issue of how the monetary payment to the City will be dedicated is a separate matter requiring discussion another time. Committee members expressed preliminary support for dedicating those funds to shoreline restoration activities on this reach of the river. COMMITTEE DIRECTION TO FORWARD DEVELOPMENT AGREEMENT INCLUDING OPTIONS 2 AND 3T0 COMMITTEE OF THE WHOLE. B. Ordinance: Medical Cannabis Collective Gardens and Dispensaries Moratorium Staff is seeking committee direction on the development of an ordinance relating to the moratorium on medical cannabis collective gardens and dispensaries. The current moratorium is set to expire on May 27, 2015, and it is still unknown whether the State Legislature will take any action on new or clarified regulations in its current session. The Committee was asked to choose between renewing the current moratorium or directing staff to develop a new ordinance prohibiting medical cannabis collective gardens and dispensaries, which would then be sent to the Planning Commission for review. If the latter, the City could choose to revisit the issue if either the Federal or State government makes changes to the legal or regulated status of medical cannabis. Committee members discussed the option and unanimously asked staff to draft an ordinance that would renew the moratorium including a provision to be in effect until six months after the close of the legislature. The separate issue of appropriate penalties for violation of the moratorium is on the Committee work plan to be discussed at a future date after additional research has been completed. Regarding recreational marijuana, staff noted that no licenses have been issued by the Washington State Liquor Control Board for recreational marijuana producers, processors or retailers within the City. None of the 19 proposed applications meet the zoned criteria for such uses. UNANIMOUS APPROVAL. FORWARD ORDINANCE TO RENEW MORATORIUM TO COMMITTEE OF THE WHOLE. 158