HomeMy WebLinkAboutCAP 2012-02-13 Item 2E - Agreement - Riverton DevelopmentCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Brandon J. Miles, Senior Planner
DATE: February 7, 2012
SUBJECT: Riverton Development Agreement -12909 East Marginal Way South
ISSUE
The purpose of tonight's meeting is to provide Community Affairs and Parks "CAP an
overview of the major terms of a possible Development Agreement "DA between the City of
Tukwila "City and Riverton LLC "Developer A final copy of the DA will be provided to CAP
on February 27, 2012. The goal of this evening's meeting is to get final input from CAP before
proceeding with the final document.
BACKGROUND
On March 14, 2011, the Committee of the Whole was briefed on a property owner who has
approached the City about entering into a development agreement for the construction of a
Leadership in Energy Environmental Design "LEED certified, mixed use building at 12909
East Marginal Way South (see attached map). At that meeting staff provided the Council an
overview of the issues that are proposed to be addressed in the development agreement.
The issues briefed at the March 14 meeting included:
Parking
The property owner is proposing a three story, mixed use building. The ground floor along East
Marginal Way will have commercial tenants, which will include a small restaurant. Residential
dwelling units (mixture of one and two bedrooms) will be included on the first, second and third
floors. The City's parking regulations require that a total of 63 -64 stalls be provided for the
proposed uses. The exact number would be based on whether the applicant chooses office or
retail tenants.
The property owner is proposing to install 39 parking stalls on site and will create an additional
11 stalls along East Marginal Way South. Thus, the total number of parking stalls proposed for
the development is 50. This creates a deficiency of 13 -14 parking stalls. In order to construct
the on- street parking the applicant will be required to complete full frontage improvements along
their property and the adjacent school district (bus parking) property.
Typically, the City would use the parking variance process to address the issue presented by
this development. However, City code prohibits the issuance of a parking variance when the
project is within 300 feet of a single family zone. It's unclear if this 300 feet requirement is
based on path of travel or simply by distance.
How Development Agreement Will Address Parking:
The Development agreement will address parking on the site by allowing the property owner to
have a required parking ratio of 1.5 stalls for every one residential unit in lieu of the standard
code requirement of 2 stalls per unit. When Council was briefed on the proposed parking
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INFORMATIONAL MEMO
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reduction in March some concern was expressed with not having enough parking onsite for the
residential units. This issue has been resolved by reducing the number of residential units. The
required parking for the commercial operations will be located on East Marginal Way.
Additionally, the commercial units could use the onsite parking during the daytime hours.
To further address parking on the property, the applicant has proposed a document which will
be recorded against the property that outlines how parking will be assigned and how the
property owner will manage the parking. The terms of this document are currently being worked
out and will be provided to the Council at the February 27, 2012 CAP meeting.
Split Zoning
A parcel that is part of this development has split zoning, Low Density Residential (LDR) and
Neighborhood Commercial Center (NCC). Tukwila Municipal Code (TMC) 18.08.040 provides
an avenue for addressing this type of situation.
"Where a district boundary line divides a lot which was in single ownership at the time of
passage of this Title, the Hearing Examiner may permit, as a special exception, the
extension of the regulations for either portion of the lot not to exceed 50 feet beyond the
district line into the remaining portion of the lot".
The property owner petitioned and the Hearing Examiner approved extending the NCC zoning
onto the LDR zoned portion. However, that approval has expired. The property owner could
request that the Hearing Examiner reapprove the project; however this would add cost and time
to the project.
How Development Aqreement Addresses Split Zoninq:
Under the DA, the City Council will approve extending the NCC zoning onto the LDR zoned
portion of the property. When Council was briefed in March of 2011 there did not seem to be
any concern with this approach.
Streamlined Land Use Approval
When the City Council was initially briefed on the proposed development project, DCD
discussed the various public hearings that would be required for the project. Not only would the
project be required to complete a public hearing before the City Council acts on the DA, but a
public hearing would also be required before the Board of Architectural Review. The City
Council supported the idea of allowing the applicant to instead proceed with the proposed
project by having only one public hearing which would be before the City Council. If the City
Council approves the DA, they would also be approving the proposed elevations and conceptual
site plan.
How Development Aareement Addresses Streamlined Land Use Approval:
The DA will waive the requirement that the developer obtain design review approval for the
proposed project. All other land use reviews and construction permits are required.
First Floor Usage
The NCC zone allows mixed use buildings; however the code is unclear if the first floor may
have residential units. TMC 18.22.050 (13) states that multi family units are allowed above
office and retail uses. The applicant is proposing to have retail uses fronting along East
Marginal Way, but would have first floor residential units facing the interior of the lot. At this
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INFORMATIONAL MEMO
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location it would not seem feasible to require retail and /or office in the back part of the property
without a street presence.
How the Development Aareement Addresses First Floor Usaae:
The DA will allow the developer to have first floor residential units behind the commercial
spaces that will front directly on East Marginal Way South. This approach did not cause any
concerns when Council was initially briefed.
Consideration Provided by the Applicant to the City
In consideration of the City granting the DA, the developer has agreed to seek LEED
certification for the proposed building and construct frontage improvements along East Marginal
Way South. Staff briefed the Council about the consideration being provided at the March 2011
Committee of the Whole meeting.
LEED Certification and LID Standards
LEED certification is an environmental certification for new and existing buildings. Approval of
LEED certifications is done by the US Green Building Council. There are varying degrees of
certification ranging from simply, "LEED" Certified to "Platinum Status The developer will seek
"silver" certification. The TMC does not allow the City to mandate LEED or other green
construction certifications. It is only through the DA that the City can mandate that the proposed
building be LEED certified.
How the Development Agreement Address LEED Certification:
The DA will be structured to have the developer provide the city a financial guarantee of
$10,000. This financial guarantee will be returned to the developer once LEED certification is
achieved.
In the event that the developer is unable to achieve LEED certification the financial guarantee
will be forfeited and the City will credit the $10,000 to the City's Stream Team Fund.
Frontage Improvements along East Marginal Way South
Much of the right of way of East Marginal Way is deficient and does not meet City code. The
developer has agreed to construct full frontage improvements, including installing on- street
parking along approximately 300 feet of East Marginal Way. The ROW that will be improved will
also include that part of East Marginal Way that borders the adjacent bus parking lot for the
Tukwila School District.
How the Development Agreement Addresses Frontage Improvements:
The DA will specify that the developer will install full frontage improvements along East
Marginal Way South. Without the DA, the City would not be able to require that the applicant
install the frontage improvements along the School District property. If the applicant pursued a
project that did not utilize a DA, the City could only require frontage improvements along the
portion of East Marginal Way that bordered the project site.
As is typical practice, the frontage improvements must be installed before the City will issue the
final certification of occupancy for the new building.
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INFORMATIONAL MEMO
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Other Issues
In order to create a unique building the property owner had originally requested some deviations
from the required front setbacks along East Marginal Way however since that time modifications
to the TMC that resolve the issues with setbacks have been adopted.
Staff would like to highlight some other points of the DA that were not included in the March
2011 Committee of the Whole briefing:
1. Identification of Proiect: The DA specifies that the developer must market and advertise
the project as being located in the City of Tukwila.
2. Pavment of Fees: In order to compensate the City for City staff time and legal fees in
working on the DA, the developer is required to pay the City $5,000. All other
development fees (building and land use) are required at the time the applicable
application is submitted to the City.
DISCUSSION
The proposed development highlights some issues with the current Zoning Code regulations
and these issues should be ultimately addressed with amendments to the TMC which would
clarify the City Council's intent. Yet, the time it takes to process the code amendments would
impact a developer who is ready to build, thus the need for a Development Agreement.
The DA attempts to address some of the parking concerns that Council had at the March 2011
Committee of the Whole meeting. There is sufficient on -site parking to accommodate the
residential units at a ratio of 1.5 parking stalls per unit.
Unless specifically addressed in the DA, the developer shall comply with all the City's
Development regulations, including building, fire, public works, land use and signage
regulations. With the exception of design review, the developer shall obtain all required permits
and land use approvals. The review approach outlined in the DA allows for public comments to
the City Council, but will streamline the applicant's review process if the DA is approved by the
Council
RECOMMENDATION
The goal of this evening's meeting is to provide the Council a final briefing of the proposed DA
before staff completes the final document. Staff recommends that the DA be referred to the
February 27, 2012 Community Affairs and Parks Committee meeting for review of the specific
language of the DA. If there are no concerns at that meeting, staff would suggest the DA is
scheduled for the March 12, 2012 Committee of the Whole meeting for a public hearing and the
March 19, 2012 Regular Council meeting for possible action.
ATTACHMENTS
Aerial Photo of Site
Site Plan
Proposed Site Plan of Right of Way Improvements Along East Marginal Way
Proposed Conceptual Elevations
WA2012 Info Memos- CouncikRiveRonDkdoc
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Project Site
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