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Home My WebLink AboutCOW 2015-11-09 Item 3B - Public Hearing - Ordinance Approving and Authorizing Second Amendment to Washington Place Development Agreement with South Center WA LLCCOUNCIL AGENDA SYNOPSIS Meelhi ,g Dale Pre , pared b , y Mayors review Council r wiem 11/09/15 MD [:] R6,wolulion M/S Dale E Ordinance ZVTtg Dale 11116119 11/16/15 MD ❑ Other Altg Dale SPONSOR ❑ Council ❑ Majlor [:] HR Z DCD ❑ Finance [:] Fire [:] IT ❑ P&R [:] Police [:] PV I Ruvii,,,wi?A) BY ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/26/15 COMMIl-fEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm"] T"' : Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AmoUM- BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/09/15 ITEM NO. 13 ISTAFF SPONSOR: JACK PACE 11/g/15 A(,,I,"Nl)y\ ITFIM Trrj,j;1 An Ordinance amending the Development Agreement for 223 Andover Park East CI\,n,,,(-,()izy M DiXcuUion Alig Date 11109119 ❑ Motion All(gDale [:] R6,wolulion M/S Dale E Ordinance ZVTtg Dale 11116119 ❑ Bid2lward Af/ ,g Date E Public.1-feariq Mlg Date 11109115 ❑ Other Altg Dale SPONSOR ❑ Council ❑ Majlor [:] HR Z DCD ❑ Finance [:] Fire [:] IT ❑ P&R [:] Police [:] PV SPONSOR'S The owners of 223 Andover Park East have requested an amendment to the Development summ,\Izy Agreement to allow an increase in the maximum height from 190 to 195 feet. The Council is being asked to hold the public hearing to consider the ordinance amending the Development Agreement. Ruvii,,,wi?A) BY ❑ cow mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/26/15 COMMIl-fEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comm"] T"' : Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE AmoUM- BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/09/15 MTG. DATE ATTACHMENTS 11/09/15 Informational Memorandum dated 10/16/15 Ordinance in Draft Form Proposed amendment to the Development Agreement Plans showing building height Minutes from the Community Affairs and Parks Committee meeting of 10/26/15 11/16/15 13 Im, City of Tukwila Jim Haggerton, Mayor 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. 15 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 16 Ah 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 36.706.170, 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, W: Word Processing \Ordinances\223 APE DA- Second Amendment 10 -19 -15 MD:bjs Page 1 of 2 17 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 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 W: Word Processing \Ordinances\223 APE DA- Second Amendment 10 -19 -15 MD:bjs W. Page 2 of 2 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 9th day of November 2015 to take testimony regarding this Second Amendment to the Development Agreement; and 1 19 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. N 20 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: 3 21 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: 22 Mechanical Equipments Elevator Penthouse 6 ft Parapet Wall A 195 ft 3D VIEW 01 - DESIGN REVIEW 202 ft N „ 1 1 Mid Point of Roof Siope = 190 ft From the Ground A104 I ELEVATOR PENTHOUSE ROOF - MAX, PARAPET HEIGHT = 202-0” FEET 0. ROOF PLAN - DESIGN REVIEW - - MA3 'ROOF-HEIGHT,', Tt; TG TF TE TD TC ; Mid Point of Roof Siope = 192 ft and 10 inches From the Ground 26 zo: SECTION @ HIGH ROOF 27 W. Community Affairs & Parks Committee Minutes October 26, 2015 - Pa (le e C. Ordinance: Amending Development Agreement for Washington Place Development Staff is seeking Council approval of an ordinance that would authorize a second amendment to the Development Agreement with South Center WA, LLC for the property known as Washington Place. The owners of 223 Andover Park East have requested this amendment as detailed construction plans have revealed a need for a small amount of additional height. The existing agreement as amended in May 2014 stipulates a maximum height of 190 feet for 50% of the site. If approved, this second amendment will stipulate a maximum building height of 200 feet for 50% of the site, with the maximum height of the parapet wall of the elevator penthouse being 205 feet. As before, the building may have no more than 19 floors. Councilmember Ekberg inquired about plans for wireless facilities that may impact the building's height and DCD staff confirmed that the City has not seen anything in the design. Any future modification to accommodate wireless facilities will require DCD approval. Councilmember Ekberg suggested that the developer be reminded of this issue. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 9, 2015 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. Meeting adjourned at 6:09 p.m Next meeting: Monday, November 9, 2015 Committee Chair Approval Minutes by LH 29