HomeMy WebLinkAboutCAP 2015-10-26 Item 4C - Ordinance - Washington Place Development Agreement (223 Andover Park East)City of Tukwila
Jim Haggerton, Mayot
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Jack Pace, Community Development Director
BY: Minnie Dhaliwal, Planning Supervisor
DATE: October 16, 2015
SUBJECT: Second Amendment to the Development Agreement for Washington Place
Development at 223 Andover Park East.
ISSUE
The owners of 223 Andover Park East have requested an amendment to the Development
Agreement to allow an increase in maximum height from 190 feet to 195 feet.
BACKGROUND
In March 2013 Tukwila executed a development agreement with South Center WA, LLC to allow
a 180 feet high building that included apartments and a hotel. Subsequently the development
agreement was amended to allow a maximum height of 190 feet. The developer has continued
to work on the detailed construction plans and has determined that additional height is required.
A foundation permit has been issued and construction related to piles and foundations has been
ongoing. The final design includes 185 hotel rooms and 371 apartments with a total of 19 floors.
The design review application for the proposed development was approved by the Board of
Architectural Review on May 23, 2014. The developer has submitted a request for minor
modification to the approved design including modifications to colors, materials, landscape and
height. Tukwila Municipal Code authorizes the Director of Community Development to approve
minor modifications to the design review approval. However, Section 5 of the Development
Agreement prohibits any changes to the development standards section from being considered
minor modifications. Per the language in the Development Agreement any changes to the
development standards have to be approved as a major amendment to the Development
Agreement. The other minor modifications to the design review application and the building
permit are currently under review.
DISCUSSION
Detailed building permit drawings have been prepared and the maximum height of the building
at mid -point of the sloping roof is now shown as 192' -10 ", which is higher than the maximum
allowed under the Development Agreement. The height at the highest point of the sloping roof is
195 feet and the elevator penthouse roof is at 196 feet with parapet walls at 202 feet. See
attached plans.
The adopted standards under Tukwila Municipal Code TMC 18.28 allow a maximum height of
115 feet (with multifamily and frontage improvement incentives). The current Development
Agreement allows a maximum height of 190 feet for 50% of the site. Per International Building
Code, building height is calculated from the average grade plane around the building to the mid-
point of the height sloping roof. Additionally, rooftop appurtenances such as elevator
penthouses are exempt from the height requirement per TMC 18.50.080, if they are setback 10
feet from the edge of the building. The proposed elevator is not setback 10 feet from the edge of
the building, therefore is not exempt from the maximum height requirements.
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INFORMATIONAL MEMO
Page 2
Since the underlying zoning allows 115 feet and the current Development Agreement allows a
maximum of 190 feet; an amendment to the Development Agreement is required to approve
anything taller than 190 feet.
The proposed second amendment to the Development Agreement allows the maximum building
height of 200 feet for 50 percent of the site. Additionally, it allows the maximum height of the
parapet wall of the elevator penthouse to be 205 feet.
FINANCIAL IMPACT N/A
RECOMMENDATION
The Council is being asked to hold a public hearing at the Committee of the Whole meeting on
November 9, 2015 and approve the ordinance authorizing the amendment to the development
agreement on November 16, 2015.
ATTACHMENTS
Proposed Ordinance
Proposed amendment to the development agreement
Plans showing building height
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER
18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING
AND AUTHORIZING THE SECOND AMENDMENT TO THE
223 ANDOVER PARK EAST DEVELOPMENT AGREEMENT
WITH SOUTH CENTER WA, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development use and mitigation of real properties; and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective the 19th
day of March 2013 (and approved by Ordinance No. 2399 on March 18, 2013); and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into the First
Amendment to the Development Agreement for the 223 Andover Park East
Development effective the 19th day of May 2014 (and approved by Ordinance No. 2438
on May 5, 2014); and
WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a
Second Amendment to the Development Agreement for the 223 Andover Park East
Development, a copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 9th day of November 2015 to take public testimony regarding this
Second Amendment to the Development Agreement as proposed;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The Second Amendment to the 223 Andover Park East Development
Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of
which is attached hereto as Exhibit A, is hereby approved and the Mayor is authorized
and directed to execute said Second Amendment to 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 12015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk :_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Exhibit A: Second Amendment to Development Agreement by and between the
City of Tukwila and South Center WA, LLC for the 223 Andover Park East
Development
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SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the
"Second Amendment ") is made and entered into this day of November
2015, by and between the CITY OF TUKWILA ( "City "), a non - charter, optional
code Washington municipal corporation, and SOUTH CENTER WA, LLC, a
Washington limited liability company ( "Developer ").
I. RECITALS
WHEREAS, the City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective
the 19th day of March, 2013 (and approved by Ordinance No. 2399); and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into
the First Amendment to the Development Agreement for the 223 Andover Park
East Development effective the 19th day of May 2014 (and approved by
Ordinance No. 2438); and
WHEREAS, Developer has continued to proceed with the project per the
terms of the development agreement and has submitted a building permit for the
proposed development; and
WHEREAS, Developer has requested a minor amendment to the building
height provisions listed under the Development Agreement in order to proceed
with the proposed development; and
WHEREAS, the Development Agreement stipulated a maximum height of
180 feet for 50 percent of the site, which was subsequently amended to 190 feet
by the First Amendment to the Development Agreement; and
WHEREAS, due to the benefits as described in the Development
Agreement, the City desires the proposed development to proceed; and
WHEREAS, as required pursuant to TMC Section 18.86.050, the City
conducted a public hearing on the 9t" day of November 2015 to take testimony
regarding this Second Amendment to the Development Agreement; and
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WHEREAS, the City Council, pursuant to City Ordinance No. ,
approved this Second Amendment to the Development Agreement as proposed
and authorized execution of this Second Amendment to the Development
Agreement; and
WHEREAS, the Parties desire to enter into this Second Amendment to the
Development Agreement upon the terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the long -term benefit to both the City and the Developer, the Parties
hereby agree as follows:
II. AGREEMENT
1. Additional Building Height: Section 4.3 of the Development Agreement
is hereby amended so the maximum building height for 50 percent of the site
shall be 200 feet. The maximum height of the parapet wall of the elevator
penthouse shall be 205 feet. The remainder of the site is limited to the height
permitted by the zoning code in effect at the time of a complete building permit
submittal. Rooftop appurtenances are exempt from this height requirement per
TMC Section 18.50.080.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. This increase in building
height is consistent with the goals of the Comprehensive Plan to encourage
residential development within the Urban Center and is consistent with the City's
vision of increased urban density.
2. This Second Amendment shall be recorded against the Property as a
covenant running with the land.
3. Except as amended herein, the terms and provisions of the
Development Agreement remain in full force and effect.
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In Witness Whereof, the parties have caused this Second Amendment to
be executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
By:
Jim Haggerton
Its: Mayor
Date:
Attest/Authenticated: Approved as to Form:
Christy O'Flaherty, MMC, City Clerk City Attorney
SOUTH CENTER WA, LLC, a Washington limited liability company
By:
Omar Lee
Its: Manager
Date:
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STATE OF WASHINGTON)
)ss
COUNTY OF )
On , 20 , before me, the undersigned, a Notary Public, personally
appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of
satisfactory evidence) as the person whose name is subscribed to the within instrument,
and acknowledged to me that he executed the same in his authorized capacity as
MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument
the entity upon behalf of which he acted, executed the instrument.
WITNESS my hand and official seal.
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
STATE OF WASHINGTON )
)ss
COUNTY OF )
On , 20 , before me, the undersigned, a Notary Public, personally
appeared OMAR LEE, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized
capacity, as MANAGER OF SOUTH CENTER WA, LLC, and that by his signature
on the instrument the entity upon behalf of which he acted,, executed the instrument.
WITNESS my hand and official seal.
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
C!
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Mechanical Equipments Elevator Penthouse
6 ft Parapet Wall
A
195 ft
3D VIEW 01 - DESIGN REVIEW
202 ft
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Mid Point of Roof Siope = 190 ft From the Ground
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ELEVATOR PENTHOUSE
ROOF - MAX, PARAPET
HEIGHT = 202-0” FEET
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ROOF PLAN - DESIGN REVIEW
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Mid Point of Roof Siope = 192 ft and 10 inches From the Ground
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