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CDN 2019-02-12 Item 2B - Development Agreement - Amendment for Airmark Apartments / Hotel Interurban
City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: February 12, 2019 SUBJECT: Airmark Apartments Development Agreement Revision Request ISSUE The owners of the Airmark Apartments/Hotel Interurban have requested an amendment to their development agreement to allow additional building signage. BACKGROUND The City has received a request for a third amendment to the development agreement (DA) between the owners of Airmark Apartments/Hotel Interurban and the City of Tukwila for the building at 223 and 229 Andover Park East. see Attachment A. The existing DA allows the following sign code departures: 1) Canopy edge signs that are 3.5 feet high rather than 12 inches, and 2) Two wall signs that are 500 square feet each rather than 150 square feet. This request is for changes to the development standards section of the DA to allow installation of two additional 1,000 square foot wall signs to increase the visibility of the Airmark Apartments, see Attachment B. Currently the Airmark's only signage is on a canopy sign over the entry door while Hotel Interurban is advertised on wall and canopy signs, see Attachment C. DISCUSSION The City would like to support its businesses so that they can be as successful as possible. At the same time, because most businesses would like additional signage, the City needs to set limits on signage. Otherwise, signs would proliferate to the detriment of other businesses and the aesthetic preferred by the residents. The additional wall signs requested are twice the size of the signs approved in the prior agreement and more than six times larger than the sign code permits. The proposal would not remove or reduce either of the existing wall signs. In addition, the proposal is to place the "Airmark" portion of the signs above the top of the building parapet. This is prohibited by TMC 19.20.050 A 5.: Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Staff has met with the owners several times and offered the following approaches: INFORMATIONAL MEMO Page 2 1. Administratively changing the design of the wall signs to include mention of the apartments within the 500 sf maximum size. 2. Administratively approving changes to the landscape plan to allow for installation of a monument sign, as allowed under the sign code. 3. Recommending Council approval of an amendment to the DA to increase the size of the existing wall signs by 250 square feet (the "Hotel" portion of the sign is 200 sf) to add language like "and Flats" or "+ Residences". 4. Recommending Council approval of an amendment to the DA to move one of the wall signs to another building face. 5. Economic Development staff is working with Airmark on marketing and promotion separate from signage changes. The existing DA has granted the project considerable flexibility on development standards such as height, parking and open space in addition to signage. The most recent request does not clearly identify an additional public benefit that would justify this additional change. In particular, allowing signs of this size and rooftop signs would be a significant policy departure for the City and likely lead to requests from other businesses for similar signage. If the Council is interested in allowing sign changes of this type and scale, staff recommends the changes be evaluated holistically as part of comprehensive review of the sign code. That would be a significant work item and would either affect priorities in the current work plan or be added to future work plans. RECOMMENDATION Committee may consider the request to allow installation of two additional 1,000 square foot wall signs, or one or more of the approaches listed above. If the Committee determines that this request should move forward or an alternative approach is warranted, then this item would move to the full Council, and staff would return to CDN with a draft ordinance, followed by a public hearing. ATTACHMENTS A. Development Agreement with 2 Prior Amendments B. DA Amendment Request for Additional Signage C. Existing Signage Design and Location Z:ICouncil Agenda Items\DCD12-12-191Memo WA PI DA Amend CDN 2-12-19.docx City of Tukwila Washington Ordinance No. teT 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 FIRST 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; and WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a First Amendment to 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 28th day of April 2014 to take public testimony regarding this First Amendment to the Development Agreement as proposed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The First 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 First Amendment to Development Agreement on behalf of the City of Tukwila. W. Word Processing\Ordinances\223 APE DA-First Amendment 4-22-14 DS:bjs Page 1 of 2 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 6,P day of ) CA: , 2014. ATTEST/AUTHENTICATED: T7 Christy O'Flafierty, MMC, City Cle Hagge ayor APPROVED AS TO FORM BY: Filed with the City Clerk: /'') ©—i 4 Passed by the City Council: _6'—S�/ II Published: ,< 11'% Effective Date: Nl / ti Ordinance Number: .10 ShIley M. KerslaCity Attorney Exhibit A: First 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-First Amendment 4-22-14 DS:bjs Page 2 of 2 13-065(b) Council Approval 11/16115 Ordinance No. 2490 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SOUTH CENTER WA, LLC FOR THE 223 ANDOVER PARK EAST DEVELOPMENT MI COPY THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the "Second Amendment") is made and entered into this 10 day of December 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 WHEREAS, the City Council, pursuant to City Ordinance No. 2490, 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. 2 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:i aggerto Its: Mayor Date: /-2)/67//S Attest/Authenticated: 1tCt° iih� f�e�ull�� (ij (- ` .). Christy O'Flaherty,'MMC, City Clerk Approved as to Form: c e_C City Attorney SOUTH CENTER WA, LLC, a Washington limited liability company B Its: Manager Date: / - Z Omar Lee 3 13-065(a) FIRST AMENDMENT TO Council No. 24 5/5/14 Ordinance No. 2438 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SOUTH CENTER WA, LLC FOR THE 223 ANDOVER PARK EAST DEVELOPMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First Amendment") is made and entered into this FJl}i-day of May 2014, 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 and Developer entered into that certain Development Agreement relating to the 223 Andover Park East Development, dated March 19, 2013 (the "Development Agreement"); and WHEREAS, Developer has continued to refine the design of the proposed development; and WHEREAS, Developer has requested an amendment to the Development Agreement in order to proceed with the proposed development; 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 18.86.050 the City conducted a public hearing on the 28th day of April 2014 to take testimony regarding this First Amendment to the Development Agreement; and WHEREAS, the City Council, pursuant to City Ordinance No. 2438 approved this First Amendment to the Development Agreement as proposed and authorized execution of this First Amendment to the Development Agreement; and WHEREAS, the Parties desire to enter into this First 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 Tong -term benefit to both the City and the Developer, the Parties hereby agree as follows: i 0"-0i 9_0,,,ivNik 1 II. AGREEMENT 1. Building Height: Section 4.3 of the Development Agreement is hereby amended so the maximum height for 50 percent of the site shall be 190 feet. 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. The remaining requirements of Section 4.3 remain in full force and effect. 2. Open Space: The building(s) shall have common open space of at least 45 square feet per residential unit and 25 square feet per hotel room. Common open space may include areas such as apartment lobby, hotel lobby, restaurant/bar, meeting rooms, business centers, bike storage, pet walk area, exercise room, hot tub and/or sauna, swimming pool, movie or video watching room, clubhouse including kitchen, dining and bar areas, and outdoor seating and barbeque areas. Space for the exclusive use of residents will count toward the residential open space requirement. Space for the exclusive use of hotel guests will count toward the hotel open space requirement. Space accessible to both residents and hotel guests may be counted for either requirement, at the election of the Developer. 3. Parking: The required minimum amount of on -site parking shall be 0.7 stalls per hotel guest room, one stall per studio unit, one stall per one bedroom unit, one -and -a -half stalls per two bedroom unit, and two stalls per three bedroom unit. Parking stalls that are stacked, in which some cars could be blocked by other cars, may be counted toward the required minimum number of parking stalls provided that the location of the stalls has been approved by the City's Fire Marshal and a shuttle and valet parking plan has been approved by the City administration. The Fire Marshal may approve a drive aisle width between stacked cars less than required by TMC 18.56.090. 4. Signage: The proposed development may have signage according to the City's sign code (TMC 19.20) with the following modifications: a) Canopy -edge signs may be up to 3.5 feet in height and may have up to two rows of letters. b) Projecting signs and corner projecting signs per TMC 19.20.050 are not allowed. c) Special incentive signs for parking garages are not allowed. d) Permanent building mounted wall signs: The building may have up to two flush -mounted wall signs. One sign may be placed on the northernmost wall and one on the westernmost wall regardless of 2 whether those walls have exterior public entrances. The maximum allowable message area for the wall signs may be an area up to six percent of the exposed building face to a maximum of 500 square feet. The flush -mounted wall signs may not be cabinet or box signs and must be channel -style letters and may be internally lit and/or halo -lit. 5. This First Amendment shall be recorded against the Property as a covenant running with the land. 6. Except as amended herein, the terms and provisions of the Development Agreement remain in full force and effect. In Witness Whereof, the parties have caused this First 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: aggert Its: 'ayor Date: 6-- 19-114 Attest/Authenticated: Christy O'Flaherty, MMC, City Clerk Approved as to Form: City Attorney SOUTH CENT€ WA, LLC, a Washington limited liability company By: ar Lee Its: Manager Date: `S--" l4 r 2-6%� 3 City of Tukwila Washington Ordinance No. c C/ 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 PROPOSED 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 wish to enter into a 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 11th day of March 2013 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to City Ordinance No. 2399, approved this Development Agreement as proposed and authorized execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. 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 Development Agreement on behalf of the City of Tukwila. W: Word Processing\Ordinances\223 APE DA 2-20-13 SK:bjs Page 1 of 2 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 COUNCIILOF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this / d' rI4 day of f') Arc k , 2013. ATTEST/AUTHENTICATED: City O'FIa' {erty, MMC, CI APPROVED AS TO FORM BY: y M. Kers Filed with the City Clerk: E - - 13 Passed by the City Council:- i -4i> Published: Effective Date: ity Attorney Ordinance Number: Exhibit A - Development Agreement W: Word Processing\Ordinances\223 APE DA 2-20-13 SK:bjs Page 2 of 2 13-065 DEVELOPMENT AGREEMENT Council Approval 3/18/13 FOR THE Ordinance No. 2399 223 ANDOVER PARK EAST DEVELOPMENT THIS DEVELOPMENT AGREEMENT ( "Development Agreement") is entered into as of the )' day of /1-(G va \ , 2013 by and between the City of Tukwila, a municipal corporation operating under the laws of the State of Washington as a non -charter code city (the "City"), and South Center WA, LLC, a Washington limited liability company ("Developer"), pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila Municipal Code, and in consideration of the mutual benefits to be derived. The City and Developer are sometimes collectively referred to in this Development Agreement as the "Parties," and individually as a "Party." The Parties have entered into this Development Agreement with reference to the following facts: I. RECITALS WHEREAS, RCW 36.70B.170, et seq. and TMC Ch. 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 site of this development is located in the core of the Tukwila Urban Center, between Westfield Southcenter Mall and the Sounder Commuter Rail Station; and WHEREAS, the proposed development is for the construction of one or two buildings up to 180 feet in height that would comprise approximately 170 hotel guest rooms and 350 residential units; and WHEREAS, this site lies within the core of Tukwila's Urban Center (TUC). The Tukwila Urban Center Element of the Comprehensive Plan outlines a vision for the TUC to be a "great place for working, shopping, doing business, living, or playing." One of the noted future features is "a core area of high quality, walkable retail, entertainment, housing, public spaces, and employment..." This site is located in the TUC core and would add housing that is walkable to transit, retail, and entertainment; thus, it supports the Comprehensive Plan; and WHEREAS, Tukwila's Urban Center is one of the region's 17 designated urban centers. The Countywide Planning Policies defines and envisions urban centers as areas of concentrated employment and housing with direct service by high -capacity transit. This proposed development would place concentrated employment and housing within the core of the Tukwila Urban Center and helps the City meet the intended purpose of the urban center; and WHEREAS, this development will be a catalyst to create a pedestrian friendly, walkable neighborhood in the core of Tukwila's Urban Center. People who would choose to stay or live in this development would do so for the convenient access to the freeways but also for the 5+- ofg o-riEtk,6.04 convenience of walking to restaurants, entertainment, shopping, buses, and the commuter rail station; and WHEREAS, the development will be of high quality and will improve the image of Tukwila's Southcenter District and identity for the entire City; thereby having the potential to attract further high quality development; and WHEREAS, the development will stimulate additional residential development in the area by demonstrating the financial feasibility of this type of development and demonstrating demand for high quality housing stock; and WHEREAS, residential units will assist the City in meeting its housing targets as required by the Growth Management Act and as determined through King County's Countywide Planning Policies; and WHEREAS, the City has a goal to encourage ownership of housing as a method to foster stability in our population and schools. This project would be developed with the ability to readily convert to condominiums; and WHEREAS, as required pursuant to TMC 18.86.050, a public hearing was conducted on the 11th day of March, 2013 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to City Ordinance No. 2399 approved this Development Agreement as proposed and authorized execution of this Development Agreement; and WHEREAS, pursuant to TMC 18.86.080, the decision of the City Council to approve or reject Developer's request for a development agreement is a discretionary, legislative act; and WHEREAS, the Parties desire to enter into this Development Agreement upon the terms and conditions as set forth herein, NOW, THEREFORE, in consideration of the mutual agreements contained herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the City and Developer hereby agree as follows: II. AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Section 2. Project Description. This development involves the construction of one or two buildings of up to eighteen stories each. The Property is located within the Tukwila 2 Urban Center and is identified on Exhibit A (legal description) and B (site map). The current anticipated use of the property consists of approximately 170 hotel guest rooms and 350 residential units, as well as related parking facilities. Section 3. Statement of Authority and Intent. This Development Agreement is entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended and designed to vest this development to certain terms and conditions. Other than those terms and conditions specifically identified in this Agreement, the City's regulatory codes in effect at the time of a complete building permit application are accepted by the City shall apply. Section 4. Development Standards; Conditions. 4.1 Effective Period of this Agreement. This Development Agreement shall be valid until December 31, 2015. If Developer has not submitted, and the City has not accepted, a complete building permit application and building permits have not been secured for the development by that date, this Development Agreement shall be void and development may occur on the subject site pursuant to the then -adopted development regulations. 4.2 Application of Development Standards. RCW 36.70B.180(3)(d) and TMC 18.86.030 authorize the establishment of design standards by a development agreement. More specifically, TMC 18.86.030 provides that, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order 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. Pursuant thereto and during the Effective Period, the provisions of this Section 4 set forth the development standards that differ from or supplement those standards set forth in the City's development regulations. Accordingly, the following development standards shall apply to and govern and vest the development and use of the Project in lieu of any conflicting or different standards or requirements elsewhere in the Governing Regulations. 4.3 Additional Building Height. The maximum building height for 50 percent of the site shall be 180 feet. The remainder of the site would be limited in height by the zoning code in effect that the time of a complete building permit application. 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. 4.4 Residential Units. The development must include at least 250 but no more than 450 residential units. 4.5 Condominium Declaration. In order to receive a Certificate of Occupancy the Developer must provide the City a copy of a Washington condominium declaration for all residential units built, along with the survey map and plans, which show surveying data for the overall parcel, as well as details of buildings and the location of units. These documents do not 3 have to be recorded but must otherwise be in conformance with RCW 64.34 et seq. In addition, each residential unit must have an individual electric meter. Section 5. Major and Minor Amendments - Development Agreement. All proposed amendments to the Development Agreement shall be considered in accordance with this Section 5. 5.1 Process. The Mayor may approve Minor Amendments to the Development Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be incorporated into this Development Agreement as an amendment. The City Council may approve Major Amendments to the Development Agreement in accordance with the same process for approval of the Development Agreement. A Major Amendment to the Development Agreement approved by the City Council, and mutually agreed to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereof. 5.2 Minor Amendment Defined. A proposed amendment to the Development Agreement shall be considered a minor amendment if the proposed amendment does not modify the Governing Regulations or Section 4 (Development Standards; Conditions) hereof, does not materially modify the size or scope of the development, and does not modify the Vesting Period or term of this Development Agreement. 5.3 Major Amendment Defined. A proposed amendment to the Development Agreement shall be considered a Major Amendment if the proposed amendment does not constitute a Minor Amendment. 5.4 Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If the application does not provide sufficient information, the Mayor may request additional information from the Developer or reject the application. Upon receipt of sufficient information to determine if the proposal set forth in the application constitutes a Minor Amendment, the Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment may be administratively approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance with the same process for approval of a Development Agreement, withdraw its proposed amendment, or modify and re -submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 6. Further Discretionary Actions. Developer acknowledges that the Development Agreement contemplates the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEPA. Nothing in this Development 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 4 City and any of its officers or officials in complying with or applying Governing Regulations and the development standards and conditions set forth in Section 4 hereof. Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the effective date of this Development Agreement may be increased by the City from time to time, and the new fees applied to subsequent permits and approvals for the Property. Section 8. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. Section 9. Termination. This Development Agreement shall expire and/or terminate on the earlier of the termination/expiration provisions set forth as follows: 9.1 This Development Agreement shall terminate upon the expiration of the Effective Period identified in Section 4 hereof. 9.2 Upon termination of this Development Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Development Agreement has been terminated. Section 10. Assignment and Assumption. The Developer shall not have the right to sell, assign or transfer this Development Agreement with all its rights, title and interests therein to any person, firm or corporation at any time during the term of this Development Agreement provided that the Developer may sell, assign, or transfer this Development Agreement with all its rights, title, and interests therein to any firm or corporation in which the Developer has a majority interest. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Subject Property, at least 30 days in advance of such action. Section 11. Covenants Running With the Land; Recording. The conditions and covenants set forth in this Development 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, and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the 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 Development Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. Section 12. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent of all of the Parties, provided 5 that any such amendment shall follow the process established for Major and Minor Amendments as set forth in this Development Agreement. Section 13. Releases. Developer, and any subsequent owner, may be released from further obligations relating to the sold, assigned, or transferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Section 14. No Third -Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Development Agreement. Section 15. Interpretation. The Parties intend this Development Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170, et seq., and this Development Agreement shall be construed to exclude from the scope of this Development Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. This Development Agreement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Development Agreement. Section 16. Notice. All communications, notices, and demands of any kind that a Party under this Development Agreement requires or desires to give to any other Party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Attn: Mayor's Office With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 11 Front Street South Issaquah, Washington 98027-3820 General: 425-392-7090 Fax: 425-392-7071 6 If to Developer: South Center WA, LLC 18230 East Valley Highway, Suite 195 Kent, WA 98032 425-251-1600 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered forty-eight (48) hours after deposited. Any Party at any time by notice to the other Party may designate a different address or person to which such notice or communication shall be given. Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of this Development Agreement, and notwithstanding anything to the contrary in this Development Agreement, neither Party shall be in default in the performance or the failure of performance of its obligations under this Development Agreement, or in the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as the Party seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of Developer, Developer's inability to finance the construction of the development, and Developer's inability to lease the Improvements, are not causes beyond the reasonable control or without the fault of Developer) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays, within 10 days from the commencement of the cause and such extension of time is not rejected in writing by the other Party within 10 days of receipt of the notice (such extension of time is referred to herein as "Force Majeure"). Times for performance under this Development Agreement may also be extended in writing by the City and Developer in accordance with Section 11 herein. Section 18. Indemnification. Except as otherwise specifically provided elsewhere in this Development Agreement and any Exhibits hereto, each Party shall protect, defend, indemnify and hold harmless the other Party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or 7 omission of the Party's own officers, agents, and employees in performing services pursuant to this Development Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a Party, the Party whose negligent action or omissions gave rise to the claim shall defend the other Party at the indemnifying Party's sole cost and expense; and if final judgment be rendered against the other Party and its officers, agents, and employees or jointly the Parties and their respective officers, agents, and employees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing Party. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. 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 successor or assign of Developer, to challenge this Development Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) 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. The Developer and/or such successor(s) or assign(s) shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 21. Severability. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either Party in good faith determines that such provision or provisions are material to its entering into this Development Agreement, that Party may elect to terminate this Development Agreement as to all of its obligations remaining unperformed. Section 22. Authority. Each Party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Development Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Development Agreement. Section 23. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or referenced is incorporated herein by such reference as if fully set forth herein. 8 Section 24. Headings. The headings in this Development Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Development Agreement. Section 25. Time of the Essence. Time is of the essence of this Development Agreement and of every provision hereof. Unless otherwise set forth in this Development Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business day. Section 26. Entire Agreement. This Development Agreement, and the DDA referenced herein, represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Development Agreement supersedes all previous agreements, oral or written. AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the Terms of this Development Agreement by signing below: Attest: By: 0�a �/ , J frI\J Christy O'Flaherty, City Clerk Approved As To Form: By: CAC , 'o'rShelley Kerslake City Attorney CITY: CITY O= UKWILA, a municip 'corporation By: Haggert ayor DEVELOPER: South Center . LC By: 9 Omar Lee Manager January 28, 2019 Dear Councilmen: First of all, we want to thank you for believed in us and supported us to create the first mixed use hi -rise project in the City of Tukwila. This project has been well received by the community. The comments we get on a regular basis from our residents, hotel guests and the surrounding public made us very proud to be the developer of this project. We appreciate all of you, the Councilmen, the City staffs for working with us since 2012. We need your continue support with the success of this project. When we first design this project, we admit we had put way too much attention to the hotel section. Being a seasonal developer for residential projects, we did make a mistake by not emphasize the signage for residential portion. Totally neglected the unique situation we have at this location which has no residential ever existed. For a normal residential project, we do not need to put more than just a building awning type of sign. However, with this project, we finally realized that visible signs are absolutely needed. Because we need to educate the surrounding public, that we have quality living residential units available. For your information, a residential rental project average lease derives from walk-in traffic is 25-35%. With our project, we have 0% since January 2017. People simply do not know the residential portion within the project exists, they believe the whole building is a hotel. We are requesting an amendment to our Development Agreement. We want to install 2 additional building signs each with 1000 square feet for the residential area. We have attached the proposed sign elevations. We understand the City has sign code. However, we believe the code was established without consideration of hi -rise buildings. With hi -rise, the size of the sign is critical. It is meaningless if people on the street level cannot read. We appreciate your consideration for our request. Again, this is a critical decision which leads the fate of this project. Thank you very much for your time. Best Regards, Christine Lee Attachment B �-*q �AT�W A IR ►��• 1 TITI"T CTT 1 TTTii a Y Y Du L G L 1 Y®®: u 1 la BDE ®rp®:r:c:r:r a:;cB3:c:c:c:1 :dell :c 11 ®BE ®:s 101 EH :S :s :c :c :1 S II ® gel 1: 31 — Er BIresors rail, 3EIDI ®®D3 soaiEss ax EH EnrA® EcIfiECrAEE®cc1[AiHr&mrAE:EI• EH RI IA so rs FE- EA HI QI FT: rA E: EA FE EA M rA RI E: EC EC ES EI EA EC FE ell rAig ® FEC03 H] EG EC rfl E1,al FE IC re sots EC EA EI EA E: rA real RI EH so rH so E1 ECFrsEIEAEr: EA so IsEsEAlrLAHirsEEIII ill Fit FnE$r&®IA ®®®EHEHAFEIT EC ID IE111M EC EMI ES FIG EA M� 03 FIG lE M LEI E:jrE E: rA EC rA EC! 31 EI EC .03 EC FL rA Ell ®EI EA HI III HI ® FE rH EI' al El EI III EI rA E: EA ®®EC ®FE EA FH 3 ® EC EI al ® F tH Ei1 ® EH EH EC IF. Er ® EC rE HI rH EC IH EI al so ITS rAEHCBEEEAsorHEI IHE:®E:rHHIffiHIEI HI ®,jA so r8 E; r& HI*::: H: Ell EH jE Mts eu 31 , FE HI M EC EA F: EEi PI -: i 37 13 EC EH EH :A al 33 GI 3: Proposed sign on South Elevation _. u rar��a crx _ ,'�- ry �33ra3®101 rai � e appAf�gfii�__�, as ®n ®� � EH n pudaLilf�G[Pd_-� irat» toe1 xEirsi !'Erii®�lI rlSIInfEfE ��� . ii�p�� tg•tam�i Es�ie iii>4�jBfBf&i' maw..iti, emu' � ialEctn_avrEit----41i c ,,c,:.,,,,,,....411:it ill =-sue 1rit�,4m441z u74 41Ill 01 �1 Proposed sign on West Elevation 1 1 co : 70115m /WHO. 5701IIC. WOSIJI_yl:o, Phorm ?OF. ?t1d. 2001 oil l'Inn 000.719.0704 204 '801 8610 iOOW t 1. 'IUrd0luCS.c011 SIGN 0 orcamm Fee c cl cc cl , c.c c 0.411.110. SITE b 257' c C Ce\`c\ c,�C C 0,0 c c c e CC o 1.11EWsnlif MN. LA PE Melt/ OW 00161011O1.13I CALCULATION. Wit CIF AM LNDIGIC MOW. 4.S.C•• It 1t �- 1 EL.6111115... �._ r¢�.-� ..._ y.r .�... 0 Site plan North IL RCVISIQI'j dat0', CLIENT INFORMATION U21 I 4 t WON CConnuatkitl Palls INTERNAL INFORMATION: \I°t: 1701.61 Clod, 1?cslq;! I''77, l ,,111111 SIGN \ SIGN —O OTE LL SIGN 0 pO z u it RECE! Attachment C AU6 17 2011 Community Development APPROVED 188 -011.- <- 1 I L1dLtd W Ad fT1E T. -T1 FT -1--4 257-0 - N SIGN atal Square Footage 49 mnrTfltf—.1 971. j 1.1 L. ±'J C[111. L„ 1i ru,6.1 „ IT7 m Ei 11:4-14E L, ,-1 Scale. 1/32 7701 15,11 Ave. West Son( tie. Washtogi no 99119 Pact.: 206.284 2021 folt nee 800.219,97Eu Fax:20S.704 8510 111f2li1 or,!phics.conl -11 I- -- -I FILE NAME CLIENT INFORMATION • rn P1 ELL E W 1 I 11:11 Ul 1111 — 11 EllllUHiUF1i W M El El 17-0-1 1214 EO- mm M. W • E IliLil W El EPLH -E1 EC ¶ Ec ,1 q- SOale /7217,tolon 41aligitMeL INTERNAL INFORMATION: - ,gbb 0Pftweq Community Development APRovED Front View Sign 1 Fabricate and install: (1) exterior single faced illuminated Pushed thru acrylic lettering sign. O Cabinet to be an extruded aluminum construction. Painted Light Grey to match PMS# (color TBD) (satin finish). • AIRMARK APARTMENTS" lettering and Scorelines to he routed out of aluminum face with 1" Acrylic. Clear letters step routed pushed thru aluminum face, letter edges to be sanded frosted edges Faces of letters to have first surface applied opaque 3M Scotchcal vinyl- Matte Black #3650-22. Back with a sheet of translucent °olycarbonate- White. e Backlit illumination of lettering to be. LED's white 5100k. Power supplies to be mounted within cabinet. Power to sign by others. 0 Mount cabinet flush to face of canopy with (10) 3/a. toggle bolts or (10) 3/8" lag screws into structure. a division of GM Nameplate Phone: 206.2(14.2 001 loll r,ne 800219.8784 Fa,'206.2814 8510 23'-1e,. L4 s e- —Nu�n� 3.15 -oral Souare Footage 24 83 IRMARK APARTMENTS 0Square Footage Calculation ' Scale- 3/8" = 1 a APT LOOT ka VIZI. WY PER STALCILP.Ol novae rot onswow mas OEntrance Elevation View Scale 3/15-=1'-0' b- FILE NAME u1 T 0 34' ©Section View Scale 1/2' = I' 1) ALUMINUM STORE FRONT SYSTEM 1ST FLODti _� e' F+. 15rfnlj\" 3] 27-434' 1 3/4 �1 ® Side View Scala I/2- I'-0 21'-111/2' ©Entrance Elevation View Scala 3,'I8 = I. 0 CLIENT INFORMATION INTERNAL INFORMATION4. RECEIVED AUG 17 2011 • c 'fl si1nity Development 35/8"_ .. OPian View Scale 3/8' = 1'-0 0 Front view 21'.6" canoov Alivolea HOTEL INTlERU ° BAN OFront View- Porte Cochere Scale 3/16' =1-0 superGraphics a dlvlsia, of GM Nameplate 7701 Isla Aver w, 90a1 tin. yVRshlnil;.'�' nhnuu 20(3 "Ba.'001 Tell net. 8110 219 0364 Fas:2011 3114.0511) wtrw soporyilar,hicnco..r - Total Square Footage 79 38 F ILI. NAMF — 05ifoveko Forte Cechere li gaugu rifled steel Fast a bard Channel letter 11 gauge forrned steel fascia band 2' 2' xI/A' wireway Power supply aluminum box Power to aluminum box by GC Section View © Scale' 38 Sign 2 Fabricate and install: (1) exterior single faced illuminated pan channel lettering sign. CO "HOTEL INTERURBAN" lettering to be pan channel aluminum construction, painted Charcoal to match PMSO Black 7c (satin finish). 1" trim cap to be Black. Letter faces to be translucent acrylic- White 07328. Backlit illumination of lettering to be LED's white 51001, Power supplies to be remotely mounted within aluminum boxes, behind sign fascia band. Power to sign by others. Mount individual letters to face of canopy with 1/a x I" self tapping sheet metal screws into panel. HOTEL INTERURBAN CLIENT INFORMATION INTERNAL INFORMATION: w- Porte Cochere Elevation