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Home My WebLink AboutCOW 2019-04-22 Item 3 - Public Hearing - Ordinance for Riverton Cascade Development Agreement with Homestead Community Land TrustCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's rev w Counc l review 04/22/19 MD 05/06/19 MD ITEM INFORMATION ITEM No. 3 & 4.A. STAFF SPONSOR: JACK PACE ORIGINAL AGENDA DATE: 4/22 9 AGENDA ITEM TFFLE An Ordinance/Development Agreement with Homestead CATEGORY Discussion 04/22/19 Ei Motion Mtg Date El Resolution Mtg Date Ordinance 1] Bid Award Mtg Date Public Hearing E Other Nit‘g Date Mg tDate Mtg Date 5/6/19 Mtg Date 04/22/19 SPONSOR ECotincii ajor HR 1 DCD Financ,e Fire ITS EP&R DPo/ice EPW Court SPONSOR'S The Council is being asked to review and Ordinance/Development Agreement with SummARA Homestead to develop affordable homeownership housing comprising of 18 compact single family homes on property located at 3118 S 140th St (King County parcel number 1623049060. REVIEWED BY Ill C.O.W. Mtg. [1] Trans &Infrastructure DATE: 4/9/19 i4 CDN Comm El Finance E Parks Comm, Comm, CHAIR: QUINN • Public Safety Comm. Arts Comm. El Planning Comm. COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to C.O.W. for public hearing/discussion COST IMPACT / FUND SOURCE EXPENDI FURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 04/22/19 MTG. DATE ATTACHMENTS 04/22/19 Informational Memorandum dated 4/1/19 Ordinance with Development with Attachments/Exhibits Minutes from the CDN meeting of 4/9/19 Po e point presentation 5/6/19 2 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhood Committee FROM: Jack Pace, Director Community Development BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: April 1, 2019 SUBJECT: Development Agreement with Homestead Community Land Trust for the Riverton Cascade Development. ISSUE Should the City Council consider a Development Agreement with Homestead Community Land Trust to develop an affordable housing project comprised of 18 compact single-family homes? BACKGROUND Homestead Community Land Trust has proposed to develop 18 highly energy efficient, affordable, compact single-family homes in the Cascade View neighborhood of Tukwila. The project is located at the intersection of Military Road S. and S. 140th St on the undeveloped parcel on the north side of Riverton Park United Methodist Church property. See Exhibit B of Attachment A for the vicinity map. Staff previously briefed the Community Development and Neighborhood Committee on March 27, 2018, regarding Homestead's proposal to enter into a development agreement with the City. The Committee authorized staff to move forward with discussions to enter into a development agreement, and asked staff to come back with a draft development agreement and an ordinance for their consideration. Subsequently, Homestead hosted a public meeting on May 12 2018, at Cascade View Elementary School. The purpose of the meeting was to get public input and share their proposed project with the community members. All property owners and residents within 1000 feet of the subject site were notified by mail. Additionally, since then the applicant has purchased the land and made some refinements to the proposed site plan. Background information about Homestead Community Land Trust is included in Attachment D. It was founded in 1992 and has created a portfolio of many permanently affordable homes for ownership. It partners with homeowners who make 50 to 80% of area median income to create and preserve opportunities for homeownership. What is a community land trust (CLT)? A community land trust (CLT) is a private, nonprofit organization created to acquire and hold land for the benefit of a community and provide secure affordable access to land and housing for community residents. How does Homestead work with homeowners? Homestead secures public and private grants and donations to lower the cost to the buyer. The buyer pays for and owns the home (structure and improvements) on the land. Homestead continues to own the land under the structure and leases it for a small monthly fee. A resale formula built into the ground lease keeps homes affordable for subsequent buyers. 3 INFORMATIONAL MEMO Page 2 4 DISCUSSION What is the proposed project? The proposal is to build 18 compact single-family homes that range in size from 1385 to 1500 square feet on a 1.43-acre lot. The proposal includes a total of 36 onsite parking spaces. With three and four bedrooms these homes will serve larger families not served by most rental housing. In addition to providing affordable housing the project intends to build highly energy efficient homes and achieve higher environmental outcomes than required by building code standards including use of solar panels, rainwater harvesting and net zero energy principles. See Attachment C for project plans. Why is a Development Agreement needed for this development? Homestead would like the City to enter into a development agreement that would modify the City's development standards to provide flexibility in the site design. The current zoning requires 6500 square feet minimum lot size. However, there is no requirement for common open space for any single-family development. The City's housing options program that adopted different standards for cottages and compact single-family homes has expired. The applicant has also requested deviations from setbacks, lot coverage, access road, and landscaping standards. See Attachment A -Exhibit 1 Development Agreement Part III Section 8 for detailed terms of the requested deviations. Also, see Exhibit D for comparison of adopted standards and requested deviations. In addition to the development standards the city may want to include a public hearing design review for the proposal to address any design concerns. Per the proposed terms the project shall be subject to design review by the Board of Architectural Review and both preliminary plat and final plat for subdividing the lots shall be approved by the Board. Pursuant to Tukwila Municipal Code (TMC) 18.86, the City has authority to establish development standards and other provisions that would apply to a site -specific development and vest the project. The proposal meets the conditions of approval established by TMC 18.86.060 for approval of a development agreement. See Attachment B for the applicant's response on how the proposal meets the conditions of approval. The City may approve a development agreement that allows standards that are different from those otherwise imposed. Modifications of those standards can provide flexibility to achieve public benefits, which in this case is permanent affordable housing. Additionally, if this project is built, then it could be a demonstration project that could inform the city in the preparation of a future housing options program to adopt development standards for cottages and compact single-family homes. FINANCIAL IMPACT The proposed Development Agreement will waive 80°/0 of the application fees including fire, parks and traffic impact fees. RECOMMENDATION Forward it to the Committee of the Whole for discussion and a public hearing on April 22nd, 2019. ATTACHMENTS A. Ordinance with Exhibit 1 Development Agreement with Exhibit A -Legal Description; Exhibit B-Vicinity Map; Exhibit C-Conceptual Site plan; Exhibit D-Zoning Comparison Standards; Exhibit E-Site Plan Lot Subdivision B. Application for Development Agreement C. Plans D. Homestead Presentation 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 RIVERTON CASCADE DEVELOPMENT AGREEMENT FOR KING COUNTY TAX PARCEL NUMBER 1623049060 WITH HOMESTEAD COMMUNITY LAND TRUST, A NON PROFIT CORPORATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code 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 Homestead Community Land Trust wish to enter into a Development Agreement for King County tax parcel number 1623049060, a map and description of which are attached hereto as included in Exhibit 1; and WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing was conducted on the 22nd day of April 2019 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to this City Ordinance No. xxxx, approves this Development Agreement as proposed and authorizes execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Legislative Development\DA-Homestead housing project 4-1-19 MD:bjs Review and analysis by Barbara Saxton Page 1 of 2 5 Section 1. Riverton Cascade Development Agreement by and between the City of Tukwila and Homestead Community Land Trust, a copy of which is attached hereto as Exhibit 1, 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 , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit 1: Development Agreement, plus its associated Exhibits A thru E W: Legislative Development\DA-Homestead housing project 4-1-19 MD:bjs Review and analysis by Barbara Saxton Page 2 of 2 6 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND HOMESTEAD COMMUNITY LAND TRUST FOR THE RIVERTON CASCADE DEVELOPMENT I. PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of , 2019, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Homestead Community Land Trust, a nonprofit corporation organized under the laws of the State of Washington, hereinafter the "Developer." The Developer owns the Subject Property. The City and Developer are collectively referred to in this Agreement as the "Parties," and individually as a "Party." IL RECITALS WHEREAS, development agreements between a local government and a person having ownership or control of real property within its jurisdiction are authorized by RCW 36.70B.170(1)) and Chapter 18.86 of the Tukwila Municipal Code (TMC); 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.170(1)); and WHEREAS, pursuant to RCW 36.70B.170(1), a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW and the City's regulations, including but not limited to TMC 18.86.020, et. seq.; and WHEREAS, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement" or "Agreement"), relates to the development known as Riverton Cascade, which is located at: 3118 South 140th Street, generally situated in the parcel behind the Riverton Park Methodist Church bounded on the south by S. 140th Street and on the west by Military Road, King County Tax Parcel Number 162304-9060 (hereinafter the "Subject Property"); and WHEREAS, the Developer is the owner of the Subject Property; and WHEREAS, the Developer desires to develop, in the City, an Affordable Homeownership Housing Project; and WHEREAS, the Developer desires to develop a housing project that incorporates sustainability measures in the interest of both environmental responsibility and to promote affordability through maximizing homeowners' ability to utilize renewable resources; and 1 7 WHEREAS, the Developer assures the City that it will invest in the development, own the land and manage the Project; is committed to involvement in the community; and has shown fiscal stability and long term commitment to its mission; and WHEREAS, the Developer intends to develop the Subject Property consistent with the City's Comprehensive Plan, wherein the City identifies that Tukwila has a shortage of housing affordable to larger families and for those households earning less than 80% of King County median income; and WHEREAS, Policy 3.3.3 of the Comprehensive Plan encourages the continued support of very low, low and moderate income housing as defined by King County income levels to address a Countywide need, by supporting regional affordable housing development and preservation efforts and this Project will provide affordable housing for low to moderate income households; and WHEREAS, the Developer's conceptual site plan for the Project is depicted on Exhibit C, but the City and Developer understand that except as provided for herein, the Project is subject to all City reviews and permits that may require the modification of the plan as contemplated herein; 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 April 22, 2019, and the City Council approved this Development Agreement by Ordinance No. on NOW THEREFORE, in consideration of the mutual promises set forth here, the parties hereto agree as follows: III. AGREEMENT Section 1. The Project. The Project is the development and use of the Subject Property as an Affordable Homeownership Housing Project on approximately 62,291 square feet. The Project will consist of a 20-parcel unit lot subdivision of which 18 will be developed for Cottage -Style Single -Family Residences. The remaining two lots are for parking and for open common area. The parking parcel will consist of 36 parking spaces, some which are covered and have electric car charging stations. The open common area parcel will be located in the center of the homes and will include walkways, gardens, recreation and playgrounds. The 18 residences will be approximately 1,385 to 1,600 square feet per unit, two-story structures with a mix of 3- and 4- bedroom units. Section 2. The Subject Property. The Subject Property is legally described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by this reference. 2 8 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) "Affordable Housing" means the standard HUD definition of low to moderate income (LMI) as defined by HUD. c) "Affordable Homeownership Housing Project" means a development in which at least 60% of the dwelling units will be sold at affordable sales prices to households earning less than 80% of Area Median Income as defined by HUD. d) "BARS" means the city of Tukwila's Board of Architectural Review. e) "Commons" means that open common area lot or parcel located in the center of the Residential Parcels and including walkways, gardens, recreation and playgrounds. f) "Cottage -Style Single Family Residence" means an individual unit within a grouping of small, single family dwelling units clustered around a common area and developed with a coherent plan for the entire site. g) "Council" means the duly elected legislative body governing the City of Tukwila. h) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City. i) "Development Standards" means, without limitation, all of the standards listed in RCW 36.70B.170(3). j) "Director" means the City's Community Development Director. k) "Effective Date" means the effective date of the Adopting Ordinance. 1) "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 (including without limit the amount and payment of impact fees imposed, reimbursement provisions, developer financial contributions, inspection fees and dedications agreed to in this Agreement consistent with RCW 36.70B.170), 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, and building standards. Existing Land Use Regulation does not include non -land use regulations, expressly including taxes. 3 9 "Home Owner" is the party who has acquired a portion of the Subject Property or a residential structure located on 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 Part III, Section 5 of this Agreement. n) "HOA" means homeowners' association. o) "Infrastructure Improvements" means access drive, parking lot and electrical, sewer, water, and stormwater connections. p) "Parking Parcel" means the parcel of land containing 36 parking spaces located on the western portion of the site. q) "Project" means the anticipated development of the Subject Property, as specified in Part III, Section 1, and as provided for in all associated permits/approvals, and all incorporated exhibits. r) "Residential parcel" means each lot that will contain a residence. s) "Vesting date" means the effective date of this agreement. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A — Legal description of the Subject Property. b) Exhibit B — Map showing Subject Property. c) Exhibit C — Conceptual Site Plan of the Project. d) Exhibit D — Zoning Comparison Standards e) Exhibit E — Site Plan Lot Subdivisions 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" is Homestead Community Land Trust, a Washington nonprofit corporation, whose principal office is located at 412 Maynard Avenue South, Suite 201, Seattle, WA 98104. c) The "Home Owner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose or transfer a portion of the Subject Property or a structure located on the Subject Property to a Home Owner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property or structure located on the Subject Property. 4 10 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 authorized in the exercise of its governmental functions or as explicitly outlined in this Agreement. It is agreed among the parties that the Developer, and any and all contractors selected by the Developer, are not acting as agents of the City. Neither Developer nor City is, nor will they be deemed to be, for any purpose, the agent, representative, contractor, subcontractor or employee of the other by reason of this Agreement. Section 7. Effective Date and Term. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement (a copy of which Adopting Ordinance shall be appended hereto upon passage), and shall continue in force for a period of five years from that date, 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. TMC 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 that provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Pursuant thereto and during the term of this Agreement, the provisions of this Section set forth the development standards that differ from or supplement those standards set forth in the City's Existing Development Regulations. Accordingly, the following development standards shall apply to and govern and vest the development, use and mitigation of the Project in lieu of any conflicting or different standards or regulations elsewhere in the Existing Development Regulations. a) Density: There is no density standard in the City of Tukwila's LDR (Low Density Residential) development regulations, just a minimum lot size requirement of 6,500 square feet per lot. Under the LDR the Subject Property could house up to 9 lots (depending on lot layout and access). The proposed density of the development of the Project on the Subject Property will provide for 18 residential lots and each lot will hold one Cottage -Style Single Family Residence on it. The Project also includes a Commons parcel and a Parking parcel. See Exhibit C, "Site Plan," which shows the layout of the 18 residential lots, the Commons parcel and the Parking parcel. See Exhibit D, "Zoning Comparison Standards," for comparison of Project proposed Standards to current LDR Development Standards. b) Lot Dimension are shown in Exhibit E, "Site Plan Lot Subdivisions." The square foot area per lot is a reduction in minimum lot size from the LDR. The Project's residential lot sizes range from 1,367 to 2,214 square feet; see Exhibit E's Lot Subdivision Schedule Legend. The Commons lot is 9,189 square feet and the Parking lot is 13,481 square feet. Required lot width in the LDR zone is 50 feet. Lot width at the Project will be a minimum of 27 feet. 5 1 1 c) Setbacks: Required front yard setbacks in the LDR zone are 20 feet, and 15 feet from a porch or deck. The front yard setbacks for the Project will be minimum 2 feet, with an average of 7 feet. Front setbacks from porches or decks will be a minimum of 2 feet, with an average setback of 6 feet. Front yards will face the Commons lot or Parking lot. Required side yard setbacks in the LDR zone are 5 feet. Side yard setbacks for the Project will be 3 feet. Required rear yard setbacks for the LDR zone are 10 feet. Rear yard setbacks for the Project will be a minimum of 5 feet. d) Lot Coverage: Maximum lot coverage allowed in the LDR zone is 35%. Maximum lot coverage at the Project will be 75%. e) Parking: The project will have the Code required 36 onsite parking spaces. f) Private access road from the public street to the subject property shall be paved minimum 20 feet wide to support fire apparatus; unless waiver is obtained from the City's Fire Marshal and Director of Public Works. g) The required perimeter landscape buffer in the LDR zone is 10 feet for side and rear yards. This requirement will be waived for the access drive and pedestrian Safe Route to School pathway on the eastern property line and in the access easement over the Riverton United Methodist Church property. h) Subdivision: The entitlement process to be used for the Unit Lot Subdivision to create the Residential Parcels, Parking Parcel and Commons Parcel will be a process under TMC Section 17.14.060, provided that the review applies the development standards, vested land use regulations and other provisions contained in this Development Agreement in the event there are inconsistencies between the Development Agreement and TMC Section 17.14.060. i) Construction of the Infrastructure Improvements of the Project shall be commenced or bonded in accordance with TMC Section 17.24.030 within three years of the effective date of this Development Agreement, or this Development Agreement becomes null and void. i) The build -out time (certificate of completion of the last home) for the Project will be five years from the date of the subdivision approval. k) A Homeowners Association (HOA) will be created prior to the issuance of and shall become effective and operational immediately upon the first certificate of occupancy for a residence in the Project. The HOA will be responsible for the management of the association of the 18 homes, Commons and the parking lot. 1) Review process: The Project will apply for design review under the Board of Architectural Review (BAR). The BAR will apply this Development Agreement to their review of the Project and shall be the decision maker for design review; preliminary plat and final plat. 6 12 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. Major and Minor Modifications. Modifications from the approved permits or the exhibits attached hereto may be approved as outlined below: A. Minor Modifications. A proposed modification to the permits or exhibits shall be considered a minor modification if the proposal does not materially modify the size or scope of the Project as defined by the Agreement. The Mayor or his/her designee may approve minor modifications upon submission of a written application by the Developer describing the proposal in sufficient detail to determine whether the proposal qualifies as a minor modification. If the application does not provide sufficient information, the Mayor or his/her designee may request additional information from the Developer or reject the application. If the Mayor or his/her designee determines that the proposal qualifies as a minor modification, the modification may be administratively approved by noting the changes in Land Use File L19-0035. Minor modifications will include, but are not limited to, changes in the layout and location of houses on each lot, provided that the number of residential lots and the Commons and Parking lots remain the same. B. Major Modifications. A proposed modification to the permits or exhibits shall be considered a major modification if the proposal does not constitute a minor modification. If the Mayor or his/her designee determines that the proposal constitutes a major modification, the Developer shall submit the proposal for an amendment to this Agreement by following the process established by law for the adoption of a development agreement in accordance with Part IV, Section 15. Major modifications will include, but not be limited to, a change in the number of residential, Parking or Common area lots. C. The Mayor's determination on modifications shall be a final decision of the City for purposes of RCW 36.70C, the Land Use Petition Act. 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 the City's 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 and building permit application 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 7 13 applicable to land use and construction 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 9.48, 16.04, 16.26 and 16.28 of the Tukwila Municipal Code, except that the Affordable Housing units will be granted an exemption from 80% of the applicable transportation, fire, and parks impact fees and Land Use, Building and Public Works permit fees, provided that they comply with the criteria in TMC Sections 9.48, 16,04, 16.26 and 16.28. Section 13. Building Permit Review. Provided that the Developer provides a bond or other surety device allowed in the Tukwila Municipal Code ensuring that the Infrastructure Improvements will be completed prior to construction of the Cottage Style Single Family Residences, the City agrees to review applications for building permits for the Project prior to the construction of Infrastructure Improvement. 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 provided that Developer is permitted to assign its rights to an LLC which is wholly owned by Developer. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Developer and the City. 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 Project within 5 year(s), if the Project construction is not substantially underway prior to expiration of such permits and/or approvals, or upon expiration of any building permit issued by the City. 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 terminate upon the expiration of the term identified in Part III, Section 7 or when the Subject Property has been fully developed, whichever first occurs, and all of the Developer's obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. This Agreement shall 8 14 automatically terminate and be of no further force and effect as to any single-family residence, any other residential dwelling unit or any non-residential building and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy. C. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project upon written notice to the City of the intent to abandon. D. This Agreement may terminate pursuant to Part IV, Section 3, "Severability," or Part IV, Section 10, "Default," or as otherwise outlined in this Agreement. 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, the prevailing party shall be entitled to an 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 9 15 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 cure period, 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 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. C. Within 14 days of either party providing notice of an alleged breach, Developer shall notify any lenders with lien rights on the Property of the alleged breach, and provide them with a copy of the notice of alleged breach. Section 11. No Third -Party Beneficiaries. Except as provided herein, 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. Except as provided herein, 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 no 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 10 16 Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property during the term of this Agreement, 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 upon termination of this Agreement. 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. 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 Part III, Section 5 or upon hand -delivery. Notice to the City shall be to the attention of the City Administrator, City Attorney and City Clerk. 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 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 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. The Developer and/or Landowner 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. 11 17 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 Agreement 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 a Memorandum of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than 14 days after the Effective Date. 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. Section 25. Transfers and Assignments. A. Binding. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Developer and upon the City. B. Assignment. The parties acknowledge that the Project may be assigned or transferred to a sole member limited liability company who will own and/or develop the Property, common area and buildings thereon. Upon the transfer under this Section, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement, and Developer released of liability with respect to such portion as has been assigned and assumed. i. Transfers Not Requiring Consent. Developer shall have the right to assign or transfer all or any portion of the respective interests, rights or obligations under this Agreement or in the Project to a sole member limited liability company acquiring an interest or estate in all or any portion of the Property, including transfer of all interests through foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure, without notice or consent from the City, if the transfer is within the scope of one of the following: (a) any property that has been established as a separate legal parcel, provided that the transferee assumes in writing all obligations of Developer pertaining or proportionate to the parcel being transferred, and the transferee has not breached a similar written agreement with, or obligation to, another municipal corporation; or (b) a transfer where Developer has bonded for, or provided other suitable assurance of performance, of all conditions set forth in the Agreement that are applicable to the parcel that is being transferred. 12 18 ii. Transfers Requiring Consent. Any transfer that is not within the scope of Part IV, Section 1, shall not release Developer from its obligations under this Agreement unless the City has consented in writing to such transfer. The City shall not unreasonably withhold, condition, or delay its consent, and in the event the City withholds, conditions, or delays consent, the City shall provide express findings therefore. The City agrees to cooperate in executing such documentation as reasonably necessary to evidence any obligations under this Agreement that have been satisfied with respect to a piece of Property that is proposed for transfer. iii. Release of Liability. If the conditions for assignment are met under this subsection, then from and after the date of transfer, Developer shall be released of all liabilities and obligations under this Agreement that arise in relation to events occurring after the date of transfer and that are associated with the portion of Property being transferred. Section 26. Estoppel Certificate. Within 30 days following any written request which any party or a Mortgagee may make from time to time, the other party to this Agreement shall execute and deliver to the requesting person a statement certifying that: (a) this Agreement is unmodified and in full force and effect, or stating the date and nature of any modification; and (b) to the best knowledge of the certifying party (i) no notice of default has been sent under Part IV, Section 10 of this Agreement or specifying the date(s) and nature of the notice of such default; and (ii) no written notice of infraction has been issued in connection with the Project. Failure to deliver such statement to the requesting party within the 30-day period shall constitute a conclusive presumption against the party failing to deliver such statement that this Agreement is in full force and effect without modification (except as may be represented by the requesting party) and that there are no notices of default nor infraction (except as may be represented by the requesting party). The delivery of an estoppel certificate on behalf of the City pursuant to this section shall be deemed an administrative matter and shall not require legislative action. The City shall not have any liability to the requesting party or to any third party for inaccurate information if it provides the estoppel certificate in good faith and with reasonable care. Section 27. Delays. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations shall be excused for the period of delay. Section 28. Severability. Invalidation or unenforceability of any provision of this Agreement shall in no way invalidate or nullify the balance of this Agreement. If any provisions of this Agreement are determined to be unenforceable or invalid by a court of competent jurisdiction, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law. If a court finds unenforceability or invalidity of any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within 45 days after the court ruling, then either party may initiate the dispute resolution proceedings in Part IV, Section 10.A for determination of the modifications which implement the intent of this Agreement and the court decision. 13 19 IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNERJDEVELOPER: CITY OF TUKWILA By By Its STATE OF WASHINGTON ) ) ss. COUNTY OF Mayor ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney On this day of , 2019, 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: 14 20 STATE OF WASHINGTON ) ) ss. COUNTY OF On this day of , 2019, 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: 15 21 22 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE EAST 216 FEET IN WIDTH OF THE FOLLOWING: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 695 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE WESTERLY, ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION, 620 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE ORIGINAL OLD MILITARY ROAD; THENCE SOUTHEASTERLY ALONG SAID ORIGINAL LINE, TO ITS INTERSECTION WITH THE EASTERLY LINE OF THE NEW LOCATION OF MILITARY ROAD AS NOW LAID OUT AND ESTABLISHED; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE OF NEW LOCATION OF MILITARY ROAD, TO ITS INTERSECTION WITH A LINE 300 FEET SOUTH OF AND PARALLEL TO THE FIRST COURSE OF THIS DESCRIPTION; THENCE EASTERLY ALONG SAID PARALLEL LINE, 510 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 300 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 16, SOUTH 01°40'11" WEST 673.42 FEET FROM THE EAST QUARTER CORNER THEREOF; THENCE NORTH 89°52'59" WEST 619.26 FEET, MORE OR LESS, TO THE EASTERLY LINE OF MILITARY ROAD AND THE TERMINUS OF SAID DESCRIBED LINE; TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 16, DISTANT SOUTH 01°40'11" WEST, 663.42 FEET FROM THE EAST QUARTER CORNER THEREOF; THENCE CONTINUING SOUTH 01°40'11" WEST 10 FEET; THENCE NORTH 89°52'59" WEST 619.26 FEET, MORE OR LESS, TO THE NORTHEASTERLY MARGIN OF MILITARY ROAD AS ESTABLISHED ON JULY 3, 1962; THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT WHICH BEARS NORTH 89°52'59" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 89°52'59" EAST TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 01°40'11" WEST ALONG THE EAST LINE OF SAID SUBDIVISION 673.42 FEET; THENCE NORTH 89°52'59" WEST 216.08 FEET TO A POINT 216 FEET FROM SAID EAST LINE, AS MEASURED AT RIGHT ANGLES; 23 THENCE CONTINUING NORTH 89°52'59" WEST 3.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°52'59" WEST 395.57 FEET, MORE OR LESS, TO THE EASTERLY LINE OF MILITARY ROAD; THENCE NORTH 19°45'42" WEST ALONG SAID EASTERLY LINE OF MILITARY ROAD 12.73 FEET; THENCE SOUTH 89°42'01" EAST 400.19 FEET; THENCE SOUTH 01°40'11" WEST 10.70 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 24 EXHIBIT B VICINITY MAP 25 26 PHASE 1 & PHASE 2 PHASE 1 - HOMESTEAD UNITS NEW CONSTRUCTION (6) 3 BEDROOM (5) 4 BEDROOM TOTAL: 11 SINGLE FAMILY HOMES PHASE 1 NEW PARKING ON SITE: 36 NEW STALLS (21) REGULARS (11) COMPACTS (2) ADA (2) CHARGING STATION CHURCH SITE: 10 NEW STALLS (10) REGULARS CHURCH EXIST PARKING: 30 RESTRIPE (19) REGULARS (11) COMPACTS TOTAL: 76 STALLS PHASE 2 - HOMESTEAD UNITS , NEW CONSTRUCTION (5) 3 BEDROOM TOTAL: 5 SINGLE FAMILY HOMES PHASE 2 NO ADDITIONAL PARKING PARKVIEW UNITS (PHASING TBD) (2) 4 BEDROOM GRAND TOTAL 18 SINGLE FAMILY HOMES 76 STALLS SEE PAGE 8A FOR LOT SUB DIVISIONS IN DETAILS z r O STRAIGHTEN EXIST SAFEWALK/EASEMENT LOT 18 T1RAS LOT 15 PHASE 2 Y OM PHASE PHASE PHASE ,2 2 „- 2 LOT 14, OT 13_ -LOT 1 5' SIDE SETBACK 10' REAR SETBACK LOT LINE, TYP. EXHIBIT C PATH OF HOSE -FIRE STRUCK TO BLDG (150' MAX.) FIRE HYDRANT FIRE HYDRANT T FURTHEST BLDG'. NIT 147 FT, FURTHEST LOT 11 PROPERTY LINE / 20' FRONT SETBACK EXIST SAFEWALK/EASEMENT TO / REMAIN / , LANDSCAPE BUFFER WITH CEMETARY CHAIN LINK AT 3' TALL CARPORT�� 36 NEW LOT 19 STALLS PARKING " PARKING 0 0 '.10 Si LOT 20 COURTYARD COMMUNITY GARGJEN e.OT8 0- 09 G LOT 5 OT7 I( . LOT6 HEDGE OR 5' SIDE LANDSCAPE SCREEN SETBACK PROPOSED PHASE 1 + 2 SITE PLAN DETAIL 01 30 + RESTRIPE EXIST PARKING,_ ODULATION RIVERTON CASCADE HOMEOWNERSHIP PROJECT EXIST DRIVEWAY TO REMAIN EXIST SAFEWALK TO REMAIN 10 NEW STALLS PARKING RELOCATE PANTRY ENRANCE EXIST CHURCH PROPOSED SITE PLAN DETAIL 0' 10' 20' ARC. EC=iR. ALLIANC 40' 28 EXHIBIT D Comparison of Current Riverton Cascade Proposal to Zoning Standards LDR Development Standards — TMC 18.10.060 Landscape — TMC 18.52.030 Standard Current Code Proposed t Riverton Lot area, minimum 6,500 sq. ft. 1,310 sq. ft. Dwelling Units per Acre LDR 6.7 du/net acre 12.6 du per net acre Average lot width (min. 20 ft street frontage width), minimum 50 feet 29 feet (min 27 ft width) Development Area, maximum (only for single family development) 75% on lots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. 75% Maximum 1,500 sq. ft. Setbacks to yards Setbacks from property line • Front 20 ft 2 ft, Average 7 ft , Facing Internal Commons or Parking Lot • Front, decks or porches 15 ft 2 ft, Average 6 ft , Facing Internal Commons or Parking Lot • Second front 10 ft 5 ft • Sides 5 ft 3 ft • Rear 10 ft 5 ft facing school, 10 ft facing private lot line Housing Type LDR Single Family Single Family Cottage House Size HOP Duplex 1,500 Max 1,350 SF, 1,500 SF, Height, maximum LDR 30 ft 30 ft Off-street parking LDR & MDR 2 spaces - 3 bedroom house 3 spaces - 4 bedroom house Housing Options Program 1.5 spaces up to 1,000 SF 2 spaces over 1,000 SF 36 On Site/18units w/2 Spaces per unit Maximum building footprint LDR 35% of lot area 75% maximum, average 60% of lot area Parking Lot Landscape Area of Landscape 15 sq ft per stall 15 sq ft per stall, 5 ft wide islands Suaolemental Development Standards — TMC 18.50.050 Standard Proposed @ Riverton Set upon a permanent foundation Meets Code Thermally equivalent to State's energy code Exceeds Code 29 Exterior siding residential in appearance Meets Code Front door facing the front or second front Faces parking or common open space Roofing material residential in appearance with minimum roof pitch 5:12 Meets Code February 10, 2019 30 PHASE 1 & PHASE 2 PHASE 1 - HOMESTEAD UNITS NEW CONSTRUCTION (6) 3 BEDROOM (5) 4 BEDROOM TOTAL: 11 SINGLE FAMILY HOMES PHASE 2 - HOMESTEAD UNITS NEW CONSTRUCTION (5) 3 BEDROOM TOTAL: 5 SINGLE FAMILY HOMES PHASE 2 - PARKVIEW UNITS (2) 4 BEDROOM EXISTING PROPERTY LINES - PROPOSED SUB DIVISION LINES SETBACKS LOT SUB DIVISIONS SCHEDULE LEGEND LOT: # I LOT USAGE f PARTNERS PHASES LOT SF BLDG FOOTPRINT BLDG: SF 11 14BR HS 1 1488 7501 1500 12 j 3BR HS 11 1367 667, 13851 13 14BR HS 11 1581 7501 1500 4 13BR HS II 1377 6671 13851 5 '4BR HS 1 1938 7501 1500 '6 j 3BR HS 11 1628 6671 1385 ! 7 i 3BR HS 11 1391 6671 1385 8 14BR HS 11 1566 750 I 1500 9 13BR HS 11 1499 667; 13851 110 14BR HS 1 1690 7501 15001 11 13BR HS 1 1445 667, 13851 12 13BR HS 1 1418 6671 13851 113 13BR HS j1 1593 667; 1385 114 136R HS 2 1972 6671 1385 115 136R HS i2 1458 6671 1385 16 14BR PV 12 2214 13931 13931 117 l4BR PV 12 2214 1393 13931 118 !3BR HS 12 1566 667, 13851 19 :PARKING HS 1 13481 20 (COMMONS HS 1 9189 121 !SAFE WALK HS 1 5511 122 !WEST LEG OF PROPERTY HS i 1 4665 23 , TOTAL 62291 PV=PARKVI EW HS=HOMESTEAD BLDG=BUILDING SF=SQUARE FOOTAGE PROPERTY LIN EXHIBIT E 54' LOT 18 1566 SF PHASE 2 LOT 15 1456 SF PHASE 2 LOT 14 2006 SF PHASE 2 5' SIDE SETBACK MAUSOLEUM LOT 13 1593 SF PHASE 2 10' REAR SETBACK LOT LINE, TYP. LOT 1431 SF } PHASE 2 21 1488 SF LOT 11 1458 SF PHASE 1 263 FT SITE PLAN LOT SUB DIVISIONS 257 FT PROPERTY LINE 13,809 SF 2, 9022 SF LOT 10 1705 SF PHASE 1 PROPERTY LINE LOT 19 PARKING LOT 20 COURTYARD LOT 9 1512 SF PHASE 1 LOT 8 1581 SF PHASE 1 20' FRONT SETBACK EXIST SAFEWALK /EASEMENT TO REMAIN LANDSCAPE BUFFER WITH CHAIN LINK AT 3' TALL PHASE 1 LOT 7 1404 SF PHASE 1 LANDSCAPE SCREEN 5' SIDE WITH TRELLIS SETBACK LOT 5 1938 SF PHASE 1 LOT 6 1648 SF PHASE 1 RIVERTON CASCADE HOMEOWNERSHIP PROJECT N PROPOSED SITE PLAN SUBLOT ABC ALLI 0' 10' 20' 40' 32 Community Land Trust Date: April 3, 2019 From: Kathleen Hosfeld, Executive Director, Homestead Community Land Tru To: Tukwila City Council RE: Conditions of Approval for Riverton Development Agreement Thank you for your willingness to consider a Development Agreement with Homestead Community Land Trust to enable us to create up to sixteen environmentally sustainable affordable housing units at the Riverton site. This project has been in the planning stages for over four years and we are excited to now be moving forward. Homestead proposes to develop eighteen compact single family homes, on land purchased from Riverton United Methodist Church at 3118 S. 140th Street. No less than 11 of these homes will be sold to families earning less than 80% of area median income, and the purchase prices will be made affordable to these households with a combination of local, state and federal housing funds. Teachers, first -responders, corporate employees, health care workers and others who keep our communities vital, will have an affordable housing payment that builds equity, and support from Homestead's ongoing stewardship program. This community of families will have all the social benefits of living in an owned home, which include better student academic outcomes, improved health and mental health, and greater connection to community. We subsidize the price of homes to make them affordable at first purchase. Owners sell the home at the time of their choosing at an affordable price to the next buyer. This model preserves income diversity and will prevent displacement as this neighborhood grows. Homestead maintains a long term relationship with the homebuyers, ensuring protection of this community asset and managing resale of the homes. We provide support and referral in times of financial distress, and work with homeowners associations to support their collective maintenance and stewardship of their common interests. These homes were designed to be on the cutting edge of environmentally sustainable home construction. They will be Net Zero Energy homes, designed to generate as much energy as they use, as well as to minimize water use and use best practices for storm water management. These three and four bedroom homes will sell for prices ranging from $205,000 to $275,000. If additional State funding is secured this fall, we will subsidize three more homes, for a total of 14. In addition, Homestead will partner with Parkview Services, a nonprofit housing provider for people with disabilities, to include two fully accessible group homes serving eight people with disabilities in the complex. The remaining two homes (or 5 if State funds are not awarded) wdl be sold to market rate buyers. 412 Maynard Avenue South, Ste. 201. • Seattle, WA 98104 • (206) 323-1227 • fnfc'II-/omesteadCLr.org wwwilornesteadCLT.org 33 Conditions of Approval Homestead Development Agreement I Page2 Founded in 1992, Homestead has 214 homes in its portfolio which have put affordable homeownership within reach of 243 income -qualified families. Riverton United Methodist Church has been an essential partner in this effort, by being a patient seller of the land, granting us an easement to access our site through their property and working with us on design. Need and demand for this type of housing is extremely strong. In King County, 67,000 residents who make 50 to 80% of area median income are cost -burdened or extremely cost - burdened by their housing. Cost -burdened means they spend more than 30% of their income on housing; extremely cost -burdened spend more than 50%. There are more than 900 families on Homestead's waiting list. Without any specialized outreach to Tukwila, we already have 58 families on our waiting list who live in Tukwila. Requested Departures from the Development Standards Homestead is requesting compact lots that double the density normally allowed in the LDR zone. Given the high cost of construction and the limited amount of subsidy available for homeownership projects, low cost land is essential for Homestead to make development feasible. Without the density allowed by this Development Agreement, Homestead would not be able to develop these homes at affordable prices. The site plan makes these small lots livable and attractive by arranging them around a common space parcel which will include a P-patch, fruit trees and rain gardens, and clustering parking in a common lot at the edge of the site. This site plan will also promote community interaction. We have proposed parking at 2 spaces per unit, which is the code requirement. Because of these small residential lots, we are requesting departures from the existing code for lot coverage and setbacks. We are also requesting that the City allow a minor modification in the Safe Routes to Schools easement to straighten it at the north end and have it abut the property line, so we can create more lot area for the accessible homes for people with disabilities. The width of the Safe Route would not change. Conditions of Approval The follow are our response to the Conditions of Approval outlined in TMC 18.86.060 for development agreements: 1. A site plan for the entire project, showing locations of sensitive areas and buffers, required open spaces, perimeter buffers, location and range of densities for residential development, and location and size of non-residential development; The site plan is attached. 2. The expected build -out time period for the entire project and the various phases, if proposed; The project will now be completed in one phase. Construction, including infrastructure development, will commence in February 2020 and be completed in April, 2021. 34 Conditions of Approval Homestead Development Agreement I Page3 3. Project phasing, if proposed, and other project specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks; The project will be completed in one phase. The project will be an Ultra High Energy Efficiency Demonstration project and will achieve net zero energy usage. Insulation, air sealing and high efficiency heating systems will minimize energy usage, while solar panels on each home will feed energy back into the grid. The project will utilize bio-swales and storm water filtration to minimize water quality impacts. Low water use fixtures will minimize water use, and we have applied for funding from King County to install greywater reuse systems in each home. We will install electric car charging stations in the parking lot. The site will have common open space, which may mitigate impacts on local parks. At only 18 units, the project will not have a significant impact on local schools. It will comply with Tukwila fire code regulations for fire access, and each unit will have a sprinkler system. The impact on police is likely to be positive since the project will populate a formerly vacant parcel with homeowners who will be aware of any criminal activity in the adjacent areas such as the cemetery and school playfield. 4. Road and storm water design standards that shall apply to the various phases, if proposed, of the project; Since the whole site will be developed in one phase as soon as the preliminary plat and building permits are approved, the current road and storm water design standards will apply. 5. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the project; There will not be a subsequent phases. 6. The size and range of uses authorized for any nonresidential development within the project; None 7. Any sewer and/or water comprehensive utility plans or amendments required to be completed before development can occur. None. 35 36 ATTACHMENT C MARCH 2018 HOMESTEAD Trust HOMEOWNERSHIP PROJECT SAGE°. TE T RIVERTON CASCADE °3 PROJECT OVERVIEW Homestead Community Land Trust, in coordination with Riverton Park United Methodist Church, proposes to redevelop a portion of the church parking lot and gardens into 18 cottage -style single family homes. The property is located on the NE corner of the intersection of Military Road S & S 140th St in Tukwila, Washington. Located on the Military Road bus line and within a mile of the Tukwila International Boulevard Light Rail Station, Riverton Cascade will provide affordable family homes at a subsidized price of $180,000 to $235,000 approx.. The Riverton Cascade project will serve Homestead's target population of home buyers who are up to 80% area median income. Through our Community Land Trust, these homes will be affordable to the first buyer and will remain affordable to all subsequent low -to moderate -income buyers that own the home. The proposed project will be completed in two phases. The initial phase builds the first 11 homes. The 2-story homes vary from 3-4 bedrooms with emphasis on larger family -size units. This project has been awarded funding from Dept. of Commerce to develop an Ultra Efficient pilot program. The project will incorporate performance building envelopes into the design of the houses which will feature high levels of insulation and low air leakage. This will be coupled with desired use of photovoltaic solar panels and Net Zero energy principles. In addition, the current site plan will feature on -site food production (pea patch) and integralion of fruit -bearing trees within the drought -resistant landscaping. Development will minimize hard scape and other impervious surfaces through site design, and will use bio-retention and conveyance for treatment of storm water to the maximum extent feasible. We are proposing a higher density project with lot sizes that are smaller than what is allowed by the underlying zoning. Funding commitments from the State of Washington and King County will allow construction of Phase 1. Other funding sources include grants and loans from the U.S. Department of Housing and Urban Developments HOME program through King County, as well as Private Lenders and Investors. Other partners with Homestead Community Land Trust on this project include Parkview Services and longtime Funding Partner Community Frameworks. MASTER PLAN ENVISIONING Homestead Community Land Trust & SAGE will be assisting Riverton Park United Methodist Church in the overall Master Plan of the Campus, such as improvement to the food bank, Church's Community Kitchen, Community Garden, Landscaping and Church Housing. ABOUT HOMESTEAD Homestead Community Land Trust stewards a portfolio of 214 high -quality, affordable, owner - occupied homes and provides counseling and support services to ensure homeowner success. They have had 29 resales so these homes have provided a total of 241 households with the opportunity for affordable homeownership. Homestead's growing stock of affordable homes will provide homeownership opportunities for thousands of Low -to -Moderate Income households in the years to come. HOMESTEAD Communty Land Trust PROJECT OVERVIEW RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAG EA 'TE T tJ C E 3/19/2018 5:08:22 PM TO SOUTH SEATTLE COMMUNITY COLLEGE. PROJECT TEAM Owner: Rand Redlin, Homestead Community Land Trust Architect: Valerie Thiel, SAGE Architectural Alliance Landscape Architect: Karen Kiest Landscape Architects Civil Engineer: Peter Apostle, Coterra Construction Management Consultant: Knox Services PROPERTY INFORMATION Address: 3118 South 140th St., Tukwila, WA Parcel: 162304-9060 Legal Description: POR NE 1/4 OF SE 1/4 BAAP ON E LN SD SUBD TH S 1-40-11 W 663.42 FT TO TPOB TH CONTG N 89-52-59 W 219.08 FT TH S 1-40-11 W 260.37 FT TH S 89-52-59 E 216 FT TH N 1-40-11 E 260 FT M/L TO TPOB PER QCD REC #198404190606 & TUKWILA BLA L14-0075 REC #20150812900005 Zoning: LDR Lot size: 62,291 SF; 1.43 acres Lot Coverage: Existing: Impervious = 10,053 SF (2,603 Path + 7,450 Parking) Pervious = 52,238 SF Proposed: Impervious: 32,300SF (4,300 Paths + 15,000 Parking + 13,000 Structure) Pervious: 33,074 SF BUILDING INFORMATION Housing: 18 Single Family Homes HOMESTEAD COMMUNITY LAND TRUST Phase 1: 11 Homes (6) Three -bedroom, 1385 SF homes (5) Four -bedroom, 1500 SF homes (8,310 SF + 7,500 SF) = 15,810 SF Phase 2: 5 Homes (5) Three -bedroom, 1385 SF homes 6,925 SF PARKVIEW SERVICES Phase TBD: 2 Homes (2) Four -bedroom, 1500 SF homes 3000 SF TOTAL: 25,735 SF Project Density: 1500 SF/DU or 12.5 DU/Acre Sprinklers: NFPA 13D HOMESTEAD C rnmunity Land Trust Geotechnical Engineer: Geo Group Northwest, Inc. Structural Engineer: Dan Morrow, Swenson, Say, Faget Engineering Sustainability Consultant: Tom Balderston, Balderston Associates Food Production Consultant: Stephen Antupit, MetroAG Strategies Building Footprint (incl. overhangs): 19,256 SF (31% < 35% MAX) Setbacks: Front = 20'; Rear = 10'; Sides = 5' Street Improvements: None Fire Access Requirements: See "Fire Access Sheet" Critical Areas: None Easement: Pedestrian & Utility Easement Parking: 72 Stalls total 32 Stalls at Residential 10 Stalls at Church's Pantry 30 Stalls at Church's Exist Parking (Restripe) APPLICABLE CODES 2015 International Residential Code 2015 Washington State Energy Code 2015 International Fire Code Washington State Amendments City of Tukwila Amendments ANSI A117.1 for Accessibility SUSTAINABILITY CERTIFICATION This is an Ultra- High Energy Efficient Demonstration Project funded by the State of Washington. International Living Future Institute Net Zero, NZEB certification Demonstration standards for net -zero energy use after occupancy Built Green Salmon Safe site management Evergreen Sustainable Development Standards v3.1 PROJECT INFORMATION RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAGE AERIAL MAP 3/19/2018 4:53:31 PM MASTER PLAN CONCEPTUAL ENVISIONING Homestead & SAGE will be assisting Riverton Park Methodist Church in the overall Master Plan of the Campus, such as improvement to the food bank, Church's Community Kitchen, Community Garden, Landscaping and Church Housing. HOMESTEAD Community Land Trust PROPOSED COMMUNITY AERIAL MASTER PLAN RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAGE TTECT1 A N 3/19/2018 4:53:53 PM MASTER PLAN CONCEPTUAL ENVISIONING Homestead & SAGE will be assisting Riverton Park Methodist Church in the overall Master Plan of the Campus, such as improvement to the Food Bank, Church's Community Kitchen, Community Garden, Landscaping and Church Housing. PHASE 1-HOMESTEAD 11 SINGLE FAMILY HOMES PHASE 2-HOMESTEAD 7 SINGLE FAMILY HOMES PHASE 3-TBD CHURCH IMPROVEMENT: FOOD BANK, COMMUNITY KITCHEN PANTRY CIRCULATION II PHASE 4 & 5-TBD CHURCH'S COMMUNITY GARDEN LANDSCAPING CHURCH HOUSING HOMESTEAD iet a at AI community Land TrtIst MAUSOLEUM :;A3;: A91=:;;;;**, cgteW' • 001 Aw4., CA:\ "RAfer4V --sor <fit COMMUNITV GARDEN CHURCH HOUSING COMMUNITY GARDEN PROPOSED COMMUNITY MASTER PLAN IN PHASES RIVERTON CASCADE HOMEOWNERSHIP PROJECT N PROPOSED COMMUNITY MASTER PLAN ' 2550' 100' 200' 3/19/2018 4:54:07 PM N DESIGNED FOR SOCIAL CONNECTION & BUILDING COMMUNITY AFFORDABLE HOMEOWNERSHIP FOR LARGER FAMILIES COMMUNITY FARMING FOR FOOD SECURITY ULTRA SUSTAINABLE & ENERGY EFFICIENT GREEN DESIGN HOMESTEAD Community Land Trust PROPOSED PHASE 1 + 2 AERIAL RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAG EAis* TE TURAL MAUSOLEUM 262' 32 NEW STALLS PARK4G 30 + RESTRIPIT EXIST PARKING EXIST DRIVEWAY 10 NEW STALLS PARKING RELOCATE PANTRY ENRANCE EXIST CHURCH PROPOSED PHASE 1 + 2 SITE PLAN W Commu d Trust RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAGEAri E T' A LA N HOMESTEAD PHASE 1 & PHASE 2 PHASE 1 - HOMESTEAD UNITS NEW CONSTRUCTION (6) 3 BEDROOM (5) 4 BEDROOM TOTAL: 11 SINGLE FAMILY HOMES PHASE 1 NEW PARKING ON SITE: 36 NEW STALLS (21) REGULARS (11) COMPACTS (2) ADA (2) CHARGING STATION CHURCH SITE: 10 NEW STALLS (10) REGULARS CHURCH EXIST PARKING: 30 RESTRIPE (19) REGULARS (11) COMPACTS TOTAL: 76 STALLS PHASE 2 - HOMESTEAD UNITS NEW CONSTRUCTION (5) 3 BEDROOM TOTAL: 5 SINGLE FAMILY HOMES PHASE 2 NO ADDITIONAL PARKING z PARKVIEW UNITS (PHASING TBD) (2) 4 BEDROOM >-I GRAND TOTAL 18 SINGLE FAMILY HOMES 76 STALLS SEE PAGE 8A FOR LOT SUB DIVISIONS IN DETAILS 0 0 a 20' FRONT SETBACK STRAIGHTEN EXIST PATH OF HOSE -FIRE EXIST SAFEWALK/EASEMENT STRUCK TO BLDG (150' MAX.) SAFEWALK/EASEMENT TO REMAIN EXIST - FIRE HYDRANT LANDSCAPE BUFFER WITH CEMETARY DRIVEWAY TO POPE Ki r LINE �� - v. j CHAIN LINK AT 3' TALL REMAIN LOT 15 PHASE 2 PHASE 31 r ;2 LOT 141 5' SIDE SETBACK PHASE 2 OT 13 10' REAR SETBACK LOT LINE, TYP. PHASE 2 LOT 1 tl CARPORT EXIST SAFEWALK TO REMAIN CARPORT — ( `';CARPORT 36 NEW ! ' LOT 19 STAL S I PARKING g PARKING CHARGING STATION I ' C0 0 00 0 `0 0 0 0 0 0 0'=Itt 0 CARPORT i 1 CARPORT'-'; 0 SOLAR -, LOT 4 FIRE HYDRANT T`- p FURTHEST BLDG S1 LOT 20 YGROUND 147 FT, FURTHEST, COURTYARD COMMUNITY ,WALL = 220 FT PROPERTY LINE HEDGE OR 5' SIDE LANDSCAPE SCREEN SETBACK PROPOSED PHASE 1 + 2 SITE PLAN DETAIL 30 + RESTRIPE EXIST PARKING ODULATION RIVERTON CASCADE HOMEOWNERSHIP PROJECT 5 stalls at 9'-0" 10 NEW STALLS PARKING RELOCATE PANTRY ENRANCE EXIST CHURCH PROPOSED SITE PLAN DETAIL ,42 0' 10' 20' 40' PHASE 1 & PHASE 2 PHASE 1 - HOMESTEAD UNITS NEW CONSTRUCTION (6) 3 BEDROOM (5) 4 BEDROOM TOTAL: 11 SINGLE FAMILY HOMES PHASE 2 - HOMESTEAD UNITS NEW CONSTRUCTION (5) 3 BEDROOM TOTAL: 5 SINGLE FAMILY HOMES PHASE 2 - PARKVIEW UNITS (2) 4 BEDROOM EXISTING PROPERTY LINES — PROPOSED SUB DIVISION LINES SETBACKS LOT SUB DIVISIONS SCHEDULE LEGEND LOT: # 1 1 LOT USAGE PARTNERS PHASES LOT SF 1488 BLDG FOOTPRINT 7501 BLDG! SF 15001 14 BR HS j 1 12 3 13BR HS 1 1367 6671 1385 14BR HS 1 1581 750 1500i 4 3BR HS 1 1377 6671 1385i 15 14BR HS 1 1938 7501 15001 6 13BR HS 1 1628 6671 13851 7 3BR HS 1 1391 6671 13851 18 19 14BR HS 1 1566 7501 15001 3BR HS 1 1499 6671 13851 110 111 14BR HS 1 1690 7501 15001 13BR HS 11 1445 6671 1385i 112 ;3BR HS 1 1418 6671 13851 13 13BR HS 11 1593 6671 1385i 114 13BR HS !2 1972 6671 1385i 115 138R HS 12 1458 6671 1385 116 14BR PV 12 2214 13931 13931 17 118 119 14BR PV 2 2214 13931 13931 13BR HS 2 1566 6671 13851 1PARKING HS 1 13481 20 !COMMONS HS 1 9189 21 ISAFE WALK HS 1 5511 122 I W EST LEG I OF PROPERTY HS 11 1TOTAL 4665 62291 i23 PV=PARKVI EW HS=HOMESTEAD BLDG=BUILDING SF=SQUARE FOOTAGE z J 54' LOT 18 1566 SF PHASE 2 2214 SF PHASE2 LOT 17 PARKVIEW MAUSOLEUM LOT 16 PARKVIEW _ i 2214 SF c) LOT 15 1458 SF PHASE 2 2006 SF PHASE 2 5' SIDE SETBACK LOT 13 1593 SF PHASE 2 10' REAR SETBACK LOT LINE, TYP. 1488 SF LOT 11 1458 SF PHASE 1 263 FT SITE PLAN LOT SUB DIVISIONS 267 FT PROPERTY LINE 13,809 SF 112' 9022 SF LOT 10 1705 SF PHASE PROPERTY LINE LOT 19 PARKING 1377 SF LOT 20 COURTYARD i LOT 9 1512 SF PHASE 1 LOT 8 1581 SF PHASE 1 20' FRONT SETBACK EXIST SAFE WALK /EASEMENT TO REMAIN LANDSCAPE BUFFER WITH CHAIN LINK AT 3' TALL PHASE I LOT 7 1404 SF PHASE I LANDSCAPE SCREEN 5' SIDE WITH TRELLIS SETBACK LOT 5 1938 SF PHASEI LOT 6 1648 SF PHASE 1 RIVERTON CASCADE HOMEOWNERSHIP PROJECT 77.777777 No PROPOSED SITE PLAN SUBLOT Section 7 1/8" = 1'-0" Section 2 1/8" = 1-0" HOMESTEAD Community Land Trust SITE SECTIONS/ELEVATIONS RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAG EA TE KEY PLAN 1" = 50'-0" p:SAL SCHEMATIC DESIGN ENERGY MODEL PRO.ITXT Alvenen ZE.411 IL hoMes DATE. 1/19/Zg1i S01-1WARE; REM Rate v 15,3 MODL 931. SPori 0aldersten Rlour Plan, Sirnpilled ;low Area:. Modeled Energy Use Wa Cede 201S (Mhtu/annualli M btu/a $/a HEATING COO ING WA'FR pATING (11191S/A1,9ANCES PHOTOVOIO1,195 SEAVICE C-1ARGE I•OSAL Modeled Energy featufes 1,00/15 A value Li value WAILS R value J-value Sand :cost CFLINGS A -value 1J-ea/ ue WINDOWS J-ssalue 51-IGC DOORS Raralue SKyLIGHTS A'S I N11`.91tAl ON ACel(f150 ?a ATONG SYS -ISPF 1400 r$ 477 S 155 S 40 17,3 5 173 134 S 431 S 132 44.8 S 1,01,1 We Code 2.81S 2-law .e NONE 30 r.,929 GkazIng tailor ENERGY STAR Home 5.5 5 t23 I S 24 12,/ S 121 15 5 352 5 137 342 S /63 ENERGY STAR Home 21 705 17.055 21 tI 9020 0 3 at 4,1 DUCTED HEAL PJrAP S COOLING SYS DUCTh.0 HEAT PS.94P SEER 13 DJC, LEAKAGE CFM25 HOE WA -ER SvS Gas tank lesss E FACTOR So0WER HEAD GPM I AVA-0 RY Gr11.1 LIGHP W,9) Ava-o/V11. 4?,10ANC.51„S Standard SOLAR F11.1 SW system rating SOLAR 14W FRACTION HOMESTEAD Community Land Trust .R4 0.91 2.2 7551 2-low e arg NONE .,./1,19'LrSS L)UCL LESS NO F2JCTS Gas "I anklez TH1s9RGY ;AS 30 0,926 13 3,054 21 49 0.020 0.2.8 0.29 3,0 9.5 IS 4.5 S 1-35 95 $ 1 4,5 S 107 14.4 5. 338 S co 24 $ 609 31 R21 R 13 3.033 30 e arg nonmetal spacer IONE DUCH tSS DOCILLS5 11P NO DUCTS 50 a016 0 26 0,7_5 20 12 5 510 t=tAl'Lisle VI2H 23 5 2,2 Silly Insulated popes WawrSense v ,6 gal before 1-3 LA 0.5 Ur% 358 5NF36`e VAR 19910 791 BALDERSTON ASSOCIATES 4,5 S 105 as $ 11 4,5 5 197 14 4 5 330 lighrs/applianco are 2,13 et the remainong 124,3! $ 5 ZERO ENERGY HOME Fame at ZEAt same. as 2E119 arrival .sarne as 2ERH ttiffle as 1,991 =..arnetvs 2EA9. same as ZERst same as LASH Sanie as LEAH Sane as 2949 same as Lt:R9 same at ZFRH. same as /,11A1- IndUCion range, eqnskier cerviereang drier, do:he-T.1h S, smart power Strips, dimmer/m(9ton lighting 6700 came as ZEAL ULTRA -SUSTAINABLE ENERGY EFFICIENT GREEN DESIGN LONG-TERM BENEFIT TO HOMEOWNERS & COMMUNITY SUSTAINABILITY CERTIFICATIONS This is an Ultra- High Energy Efficient Demonstration Project funded by the State of Washington. International Living Future Institute Net Zero, NZEB certification Demonstration standards for net -zero energy use after occupancy Built Green Emerald Star Certification Salmon Safe site management Evergreen Sustainable Development Standards v3.1 1. Saab -Oriented Roof 2. Fiber -Cement Siding 3, Hy Insulated Wails 4, Super Invulabon (sway foam a rod board} 5. aceptiOnal /41 Sealing 6, Energy Recovery VenWation 7, Energy Star Roofing 8, Soar Electric PV May 9, Solar Electric PV Array 10,Efficlent Electric Heal Pump 1 / Ef5tierit Heat Pump Wafer Healer Zero VOC Fireshes 14_ Energy Star Windows & Doors 15, Energy Star Appriances 16 100% LED Lighting 17 Recycled trick pavers ULTRA -SUSTAINABLE HOMES RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAGE TS Rainwater Harvesthg 19 Rain Gardens 21 Eno Optimize Ener HIT CTU, L ; N 3BEDROOM COTTAGE FOOTPRINT: 667 SF SECOND FLOOR: 718 SF TOTAL SF: 1385 SF # BEDROOMS: 3 # BATHROOMS: 2 21' 3BR - FIRST FLOOR PLAN 1/4" = 1-0" HOMESTEAD Community Land Trust ® 3BR-,_SECOND FLOOR PLAN i '1- 3BR - SIDE A ELEVATION , 6 1/4" = 1-0" 3BR - SIDE B ELEVATION - 1/4" = 1-0" 3BR - FRONT ELEVATION 1/4" = 1-0" 3BR - REAR ELEVATION 1/4" = 1-0" 3BR FLOOR PLAN JRL RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAGEA TE T' ti 4 BEDROOM COTTAGE FOOTPRINT: 750 SF TOTAL SF: 1500 SF # BEDROOMS: 4 # BATHROOMS: 3 25' 2' 3' REAR PORCH FRONT PORCH (7,-) 4BR - FIRST FLOOR PLAN 1/4" = 1'-0" HOMESTEAD iek II. II af.A * Coy Land Trust 25' 2' 3' V WALK-IN CLOSET 1 BR 4 r1,-4 4BR - SECOND FLOOR PLAN 1/4" = 1.-0" (4-) 4BR - ELEVATION SIDE 1 1/4" = 1'-0" :aa, 00, 00:0,00 00100, :1 4BR - ELEVATION SIDE 2 - 1/4" = 1'-0" 12" (---,T) 4BR - ELEVATION FRONT 1/4" = 1.-0" 4BED - ELEVATION REAR 1/4" = 1.-0" 4BR FLOOR PLAN RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAGE' 'TEr"-P t‘l SKETCH -SITE APPROACH FROM SOUTH 140TH RIVERTON CASCADE HOMEOWNERSHIP PROJECT AA N C SKETCH- ORCHARD EST RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAG EAis. T' SKETCH -PLAYGROUND RIVERTON CASCADE HOMEOWNERSHIP PROJECT SAG EA TECT HOMESTEAD .ftArranrie* Community Land Trust Riverton Cascade Development Affordable Homeownership for the Cascade View Neighborhood, Tukwila Homestead CLT envisions the development of 18 transit -friendly, highly energy -efficient, sustainable compact single homes for modest - income families in the Cascade View neighborhood of Tukwila. Teachers, first -responders, corporate employees, health care workers and others who keep our communities vital, will have an affordable housing payment that builds equity, and support from Homestead's ongoing stewardship program. We subsidize the price of homes to make them affordable at first purchase. Owners sell the home at the time of their choosing at an affordable price to the next buyer. This model preserves income diversity and will prevent displacement as this neighborhood grows. About Homestead CLT Founded in 1992, Homestead Community Land Trust has created a portfolio of 214 permanently affordable homes for ownership and supported 243 families in ownership. Our Portfolio is Growing Home Types Multi -unit homes (higher density more than 50% of our portfolio are We focus on larger families and through affirmative fair marketing put homeownership within reach of those shut out of the traditional ownership market. Hones for Families (Homes by Bedroom Size) 6 We provide homes fair families of all sizes. Homeowner Divest y Housing Development Pre -Purchase Outreach & Support Counseling & Education Hand -holding throughout mortgage application and qualification, and sales process Post -Purchase Stewardship - We support homeowners through the entire term of ownership, assistance in times of financial distress Period of affordability starts over with each resale Homestead finds successive eligible buyers Homestead provides monitoring and enforcement of owner obligations for maintenance and compliance Homeowners in financial distress receive ongoing support and technical assistance Homestead maintains and ensures neighborhood, HOA stability In King County, 67,000 residents who make 50 to 80% of area median income are cost -burdened or extremely cost -burdened by their housing. Cost -burdened means they spend more than 30% of their income on housing; extremely cost -burdened spend more than 50%. * Without any specialized outreach to Tukwila, we already have 58 families on our waiting list who live in Tuk ila Waiting List: 614 614 families are waiting to buy a home * 2017 King County Regional Affordable Housing Task Force Homestead 1/28/2018 Homestead Community Land Trust partners with homeowners who make 50 to 80% of area median income to create and preserve opportunities for homeownership that provide stability, financial and social benefits of homeownership. With three and four bedrooms, these homes will serve larger families not served by most rental housing. Community Land Trust homeownership subsidizes the initial price of the home and controls the future cost increase through agreements with the buyers. Buyers purchase the structure (home) but not the land. Removing the value of the land from the purchase makes it more affordable. Land is owned by Homestead, a non-profit organization, A 99yfearground lease between Homestead and the owner spells out the responsibilities of the owner and the amount of the ground lease fee. A resale formula built into the ground lease keeps homes affordable for subsequent buyers. Median Price Homestead Home $190,105 Median Price King County 649,950 4111 Median Price Seattle $764,603 • - a Source: Homestead, Seattle Times, Multiple Listing Service (June 2017) HOMESTEAD Community Land Trust Questions? �rvvvvv.ornesteadclt.org Contact: Kathleen Hosfeld Executive Director kathIeenhomesteadcIt.org 2O63231227 Ext 113 64 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes April 9, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Verna Seal, Acting Chair; Dennis Robertson, Zak Idan (Absent: De'Sean Quinn) Staff: Minnie Dhaliwal, Laurel Humphrey Guests: Kathleen Hosfeld, Homestead Community Land Trust; Philippa Nye, Ally Community Development CALL TO ORDER: Acting Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Development Agreement for the Riverton Cascade Development Staff is seeking Council approval of an ordinance for a Development Agreement with Homestead Community Land Trust (HCLT) for an affordable housing project located at Military Road South and South 140th on the north side of Riverton Park United Methodist Church property. The project proposes 18 compact single-family homes, 11-14 of which will be for homeowners making 50-80% of area median income. Two homes will serve as group homes serving eight people with disabilities. The homes would range in size from 1385 to 1500 square feet, include 3- 4 bedrooms, have two assigned onsite parking spaces, and be highly energy efficient with net zero energy principles. Homestead is requesting modification of development standards in the areas of lot size, setbacks, lot coverage, access road, and landscaping as described in the memo. Councilmember Robertson asked questions about the public meeting, differences between the proposal and the expired housing options program, and the cost to the City in fee waivers. Around 30 people attended the public meeting last May. The previous housing options program was very prescriptive and if this project is built it could inform the City in the preparation of a renewed program. The proposed Development Agreement will waive 80% of the application fees, estimated at around $250-250K. Councilmember Idan noted the proximity to transit on Military Road and asked about prioritizing Tukwila residents. Ms. Hosfeld stated that the resident selection process will have criteria prioritizing those who work, go to school, live, or were displaced from Tukwila. Councilmember Idan asked if Sharia compliant mortgages will be allowed. Ms. Hosfeld stated that HCLT will do its best to make Sharia compliant options available but can't guarantee that any particular faith leader will approve what is compliant and what is not. Councilmember Idan offered to connect HCLT to leadership at the Abu Bakr Islamic Center. Councilmember Robertson pointed out that the development will potentially bring in more residential property tax than homes built to the standard lot size. Committee members stated support for the proposed development and asked that language about prioritizing Tukwila community members be added to the DA, pending legal approval. UNANIMOUS APPROVAL. FORWARD TO APRIL 22, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING. 65 66 Development Agreement w/Homestead Riverton Cascade Homeownership Project Presentation Overview • Review Process- Development Agreement - public hearing. • Background Information —Site and Project • Terms of the agreement Department of Community Development Public Hearing April 22, 2019 Development Agreement -City Code and State Law • TMC 18.86 allows the City to use development agreements • RCW 36.70b.170(1) authorizes execution of a development agreement • A public hearing is required. Department of Community Development Public Hearing April 22, 2019 Public Outreach • Homestead hosted a public meeting on May 12 2018, at Cascade View Elementary School. • Notice of the public meeting and this public hearing provided by mail to residents of Cascade View Neighborhood. Department of Community Development Public Hearing April 22, 2019 Photos of the subject site Public Hearing April 22, 2019 Department of Community Development Public Hearing April 22, 2019 311.0%**M40.0***41.i0Wii.r0.1.4.fe',.,..;x&faxx4.5.... 7 View of the Site from the Church Parking Lot Department of Community Development Public Hearing April 22, 2019 The City may approve a development agreement that allows standards that are different from those otherwise imposed. Modifications of those standards can provide flexibility to achieve public benefits, which in this case is permanent affordable housing. Additionally, if this project is built, then it could be a demonstration project that could inform the city in the preparation of a future housing options program to adopt development standards for cottages and compact single-family homes. Department of Community Development Public Hearing April 22, 2019 "Affordable Homeownership Housing Project" for this Development Agreement means a development in which at least 60% of the dwelling units will be sold at affordable sales prices to households earning less than 80% of Area Median Income (AMI) as defined by Housing Urban Development. In 2018- 80% of AMI was: 564,000 for 2 person family 580,000 for 4 person family Department of Community Development Public Hearing April 22, 2019 Homestead Community Land Trust is was founded in 1992. It partners with homeowners who make 50 to 80% of area median income to create and preserve opportunities for homeownership. • What is a community land trust (CLT)? • How does Homestead work with homeowners? Department of Community Development Public Hearing April 22, 2019 Proposed Project • 1.43 acre site • 18 Cottage -Style Single -Family homes (3-4 bedroom & 1385-1600 sq. ft.) • 36 onsite parking spaces, some which are covered and have electric car charging stations. • Common open area • Highly energy efficient homes to achieve higher environmental outcomes than required by building code standards including use of solar panels, rainwater harvesting and net zero energy principles. Department of Community Development Public Hearing April 22, 2019 OD CD Lot Layout PHASE I & PHASE 2 PHASE 1 - HOMESTEAD UNITS NEW CONSTRUCTION 5 2 BEEAOOM (5) 4 BEDROOM TOTAL: 11 SINGLE FAMILY HOMES PHASE 2- HOMESTEAD UNITS NEV CONSTRUCTION 152 BEE:•.:ROOM TOTAL: 5 SINGLE FAMILY HOMES PHA SE 2 - PARKV1EIN .11NITS, C.,2) 4 BEDROOM EXISTING PROPERTY LINES PROPOSED SUE DIVISION LINES SETEACKS LOT SUB DIVISIONS SCHEDULE LEGEND LOT i I LOT JSASE i FARMERS 1 PHASES HS .11 LO- SF ' 43:3 BLDG FOOTPRINT 750 ENSi SF - 1 2 3ER 1.' HS 11 '257 557 11354 HS 1,1 '5E1 "fl If BR ..j HS ,i32 750 152r2.1 5 355 1 HS 1 52 ..3. 557 13S51 E. '7----3BR. 3SF C , 1 - 2A1 4ER .' HS' 522 557 13351 9 HS il 4g2 557 I 355i 10 4 ER -IS 1 50 1 52,21 11 3E5 , HS Ii7 445 5.7 '''55i 12 3515 !HS 11 7.., 41 •3 557 11.5.5i 13 3ER :';: HS 1 523 Er 1 2!E 14 15 3ER '...i HS 12 , 272 3ER ' -IC 2 .., 452 557 557 1 3354 15 4 Ea [FA/ 12 2214 I 323 I 32i 17 4 SR 1 FV i 7 2214 I 3S3 1323 8 1 g 3B5 i HS 7 V- PARKING '.1 HS i 1 A ,...5.535 114 ..a. 1 537 '.:. 23 COMMONS :.,:: -IS 11 r ,S2' 21 22 SAFE WALK 1 HS 55' I .. WEST LEG HS 4555 I; OF I PROPERTY I rz 23 ..... i , 77 nTAL '22'41 .. PV=PARKVIEN FIS=HOMESTE4D ELDS=BUILDING SR=SaLiARE ROOTAGE HOMESTEAD .4W — L. EXHIBIT E 7, LOT 11 LOT 1,5 LOT 15 LOT 14 3.7 5' SIDE SETBACK LOT 1 LT 13 LOT 3 ' I 10' REAR SETE,ACK. LOT LINE, 7,7 LOT 11; SITE PLAN LOT SUB DIVISIONS = PROPERTY LINE LOT IP PARKINS 3 12 LOT IS 1.1 177, sr Eq. = 1 PROPERTY LINE 213" FRONT SETBACK EXIST SAFEWALK ,,EASEMENT n TO REMAIN LANDSCAPE BUFFER WITH r CHAIN LINK AT 3' TALL LOT 2 LOT 3 LOT 4 75377 To, I „ LOT 23 COURTrARD 1,71, n LOT g LOTIiLOTT LOT LANDSCA55 SCREEN 5 SIDE 25 1-TRELLIS SETBACK RIVERTON CASCADE HOMEOWNERSHIP PROJECT PROPOSED SITE PLAN SUBLOT ARCHITECTURAL LIANCE Department of Community Development Public Hearing April 22, 2019 Conceptual Site Plan PHASE I PHASE 2 FHAAG i->6i1161EHTEAD APA Ti CCSiTROCTION TOTAL:11 3 LE Fl i&LY' HOMES FH6E NEW PATIMMO OM T MEW *TALL" L AcTz C R 'H' €'` .' it*EMIAT:L:Li CHURCH FAMT PARKAliet iC R !CTA: E TQTAL.:. 36 STALL! t'FEA, E ;'-16016E6 TEA -Co U:wrra C0663 TTttiCTTO41 TOTAL. G SMOLE FAY r4ONC3 FOAM AktitO MVX LF1t'Ti 11.014.40ta TBOS ORANO TOTAL i toccitE FAMILY 4 S '�! aTAL4A -3ES RASE RA FOR LC 3l DMS4ONS N DE NLa CO EXHIBIT C 2T p , T 2A WENT LIT 4 117 FEE, LOT Loa, Tww. ,CTAA,Z. C s" woe se ids TO PROPOSED PHASE 1 + 2 SITE PLAN DETAIL RVERTOH CASCADE HOMEOWNERSHIP PROJECT '' VALLE PARKING Public Hearing April 22, 2019 Development Agreement -terms • Density and Lot Size • Setbacks and Lot Coverage • Parking • Private Access Road & landscape buffer • Construction of Infrastructure bonded • Build out within 5 years from final subdivision • Board of Architectural review of the Design Review and Subdivision • 80% reduction in impact fees and permit fees Total impact fees of s88,000 for 16 affordable units will be reduced to s 17,778 Total permit fees including impact fees will be reduced from approximately $236,000 to s60,000. Department of Community Development Public Hearing April 22, 2019