Loading...
HomeMy WebLinkAboutCAP 2012-03-12 Item 2A - Development Agreement - Riverton DevelopmentCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Community Development Director DATE: March 7, 2012 SUBJECT: Riverton Development Agreement -12909 East Marginal Way South ISSUE Should the City of Tukwila enter into a Development Agreement with Riverton LLC for the construction of a mixed use development at 12909 East Marginal Way South? BACKGROUND On February 13, 2012, the Community Affairs and Parks (CAP) Committee was briefed on the terms of a possible Development Agreement (DA) between the City of Tukwila (City) and Riverton LLC (Developer) for the construction of a mixed use building at 12909 East Marginal Way South. A detailed memo was provided to CAP at the February 13 meeting that outlined the main terms of the DA. A copy of that memo, which is dated February 7, 2012 (Attachment A), as are the CAP Committee minutes from the February 13, 2012 meeting (Attachment B)'. Parkinq One of the main concerns expressed at the February 13 CAP meeting was the issue regarding reducing the minimum parking requirements for the project and the potential impacts to the adjoining residential areas. The Developer is proposing a total of 39 on -site parking stalls. An additional 12 parking stalls will be installed along the right of way (ROW) of East Marginal Way. This provides the project a total of 51 parking stalls. Under the Zoning Code the parking for the proposed use would be 59 -60 stalls. On March 6, 2012, the applicant provided the City a Parking Demand Analysis prepared by a Civil Engineer for the proposed project (Attachment J). According to the Parking Demand Analysis the proposed building will have a peak parking demand of 47 spaces. The peak demand would occur in the evening and early mornings. The report also recommends that a bus schedule kiosk and bike parking be provided. Staff has also required that the applicant prepare a Parking Agreement (Attachment 1) which will be recorded against the property as an exhibit to the DA. The Parking Agreement outlines how the parking on the site will be distributed to the various tenants on the site. 1 The attachments referenced in the February 7th Memo to CAP have been provided as part of this Informational Memorandum. INFORMATIONAL MEMO Page 2 Specifically the Parking Agreement notes the following: 34 of the 39 on -site parking stalls will be dedicated to the residential units; Five parking stalls shall be designated for use by guests and employees of the commercial tenants. Nine of the residential parking stalls shall be open from the hours of 9am to 5pm Monday- Friday for use by the commercial tenants. Each one bedroom unit will be provided one parking stall and two stalls will be provided for two bedroom units; The building owner will issue parking permits for tenants on the site; Parking of recreation vehicles, boats and trailers on the site is prohibited. DISCUSSION The memo to CAP dated February 7 th outlines the reasons for moving the DA forward. As for the parking issue, staff believes that the applicant has provided sufficient control measures to ensure that there are no impacts to the adjacent residential uses. As designed, the proposed project will allow all residential units to have designated on -site parking stalls. The commercial tenants of the site will have some on -site parking stalls, but would be able to use the on- street parking for their customers. Such an arrangement is typical of an urban environment. The applicant's Parking Demand Analysis states that at peak demand the proposed building will require 47 parking stalls. With the off -site and on street parking, the proposed project will provide 51 parking stalls. At the March 12, 2012 CAP meeting, staff asked that the Developer provide a briefing on the impacts of the parking, if any, to the adjacent residential areas. Staff has also asked that the Developer provide examples of similar projects with the same parking ratio as is being proposed for the Riverton project. RECOMMENDATION The Council is being asked to approve the Development Agreement and consider this item at the March 26, 2012 Committee of the Whole meeting and subsequent April 2, 2012 Regular Meeting. A public hearing will be conducted at the March 26 Committee of the Whole meeting. If CAP's concerns regarding parking remain, staff would suggest that the Committee hold the matter over until the City has hired its own expert to complete a Parking Analysis. ATTACHMENTS A. Community Affairs and Park Memo dated February 7, 2012 B. Meeting Minutes from the February 13, 2012 CAP Meeting C. Aerial Photo of Site D. Ordinance, with Proposed Development Agreement E. Legal description of the Subject Property F. Site Plan showing proposed Development G. Conceptual Plan showing proposed right of way improvements H. Conceptual Elevations showing proposed design of building I. Parking Covenant for Subject Property J. Parking Demand Analysis WA2012 Info Memos Council \RivertonDA3- 12- 12CAP.doc 2 Attachment A City of Tu_ kwila 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 Parkino: 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 INFORMATIONAL MEMO Page 2 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 Agreement Addresses Split Zoning: 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 Agreement 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 WA2012 Info Memos- Coundl\RivertonDkdoc INFORMATIONAL MEMO Page 3 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 Develooment Agreement Addresses First Floor Usage: 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 Imorovements: 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. WA2012 Info Memos- Cound]\RivertonDkdoc INFORMATIONAL MEMO Page 4 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 Protect: 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- CoundIlRivertonDA.doc Attachment B Communitv Affairs Parks Committee Minutes February 13, 2012 Paae 2 E. Development Aereement: Riverton Development As directed by the City Council (see Community Affairs Parks Committee minutes dated February 28, 2011, and Council minutes dated March 14, 2011), staff has been working on a development agreement with Riverton LLC regarding the property at 12909 East marginal Way South. Prior to finalizing the draft development agreement, staff is bringing this item forward to Cormnittee for a brief summary and review of the agreement to gauge any concerns or additional changes that need to be made. Items of the agreement that staff highlighted included: Parking Split Zoning Streamlined Land Use Approval First Floor Usage LEED Certification Frontage Improvements Project Identification (market and advertise as being located in Tukwila) Compensation for Development Agreement Work Committee Members continued to express concern regarding parking availability. Staff's intent is to return to a future Community Affairs Parks Committee meeting to review the draft agreement in more detail and seek Coirunittee recommendation. At that time, a more in depth discussion will take place regarding the Committee's parking concerns. Time was limited for discussion do to an MPD meeting at 6:00 p.m. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:55 p.m. Next meeting: Monday, February 27, 2012 5:00 p.m. Conference Room #3 Committee Chair Approval Mintrt45!by t %Aw- Reviewed by BM. x Attachment C Project Site Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. x Attachment D U., AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND RIVERTON DEVELOPMENT, A LIMITED LIABILITY COMPANY ORGANIZED UNDER THE STATE OF WASHINGTON, REGARDING THE DEVELOPMENT OF LAND (KING COUNTY PARCEL NOS. 2384200055 AND 7345601005) LOCATED ALONG EAST MARGINAL WAY SOUTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Riverton Development, LLC has proposed to construct a Leadership in Energy and Environmental Design (LEED) certified, mixed -use building in the Riverton neighborhood of the City of Tukwila; and WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan Goals and Policies for this area; and WHEREAS, the City of Tukwila desires to allow this demonstration project to modify certain development standards in return for public benefits; and WHEREAS, the City and the Developer wish to create a development that is a model example for environmental stewardship for mixed -use projects within the City; and WHEREAS, the Washington State legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to and 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, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.7013.170(1)); and W: Word Processing \Ordinances \Development Agreement Riverton Development 3 -6 -12 BM:bjs Page 1 of 3 WHEREAS, for the purposes of this development agreement, "development standards" include, but are not limited to, all of the standards listed in RCW 36.70B.170(3); and WHEREAS, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement relates to the development known as Riverton Development, which is located at 12909 East Marginal Way (hereinafter the "Subject Property as described in Exhibit "A and WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code Section 18.08.040 allows the City to extend the zoning line on a property that contains split zoning; and WHEREAS, pursuant to RCW 36.7013.190, this ordinance and the Development Agreement shall be recorded with the real property records of the county; and WHEREAS, pursuant to RCW 36.7013.200, on March 26, 2012, the City Council held a public hearing regarding the Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The Development Agreement between the City of Tukwila and Riverton Development Limited Liability Company, a copy of which is attached to this ordinance as Exhibit "A," is hereby adopted. 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. W: Word Processing \Ordinances \Development Agreement Riverton Development 3 -6 -12 BM:bjs Page 2 of 3 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A Development Agreement W: Word Processing \Ordinances \Development Agreement Riverton Development 3 -6 -12 BM:bjs Page 3 of 3 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND RIVERTON DEVELOPMENT, LLC, FOR THE RIVERTON DEVELOPMENT I. PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of 2012, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Riverton Development, a limited liability company organized under the laws of the State of Washington, hereinafter the "Developer." IL RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local govenmrent and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, Riverton Development, LLC has proposed to construct a LEED certified, mixed use building in the Riverton Neighborhood of the City of Tukwila; and WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan Goals and Policies for this area; and WHEREAS, the City of Tukwila desires to allow this demonstration project to modify certain development standards in return for public benefits; 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, for the purposes of this development agreement, "development standards" include, but are not limited to, all of the standards listed in RCW 36.70B.170(3); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and WHEREAS, this development agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement relates to the development known as Riverton Development, which is located at: 12909 East Marginal Way as described in Exhibit "A" (hereinafter the "Subject Property and 1 l: \DCD n Clcrk's \Brandon \Riverton DA \FINAL DA, REVIEWED BY CA, 2012.03.06.doc WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code 18.08.040 allows the City to extend the zoning line on a property that contains split zoning; and WHEREAS, the City and the Developer wish to create a development that is a model example for environmental stewardship for mixed use projects within the City; 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 March 26, 2012. and the City council approved this Development Agreement by Ordinance No. on NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: III. AGREEMENT Section 1. The Project. The Project is the development and use of the Subject Property, consisting of approximately .58 acres in the City of Tukwila. The Project will be mixed use, consisting of residential and non residential use with associated parking. Section 2. The Subject Property. The Project site is legally described in Exhibit "A" attached hereto and incorporated herein by this reference. 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) "Council" means the duly elected legislative body governing the City of Tukwila. c) "Design Guidelines" means the Tukwila Multi Family Design Manual, as adopted by the City. d) "Director" means the City's Community Development Director. e) "Effective Date" means the effective date of the Adopting Ordinance. 0 "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, the Multi Family Design Manual, the Public Works Standards, SEPA, 2 7-ADCD n C'lerk's \Brandon \Riverton DATINAL DA, REVIEWED BY CA, 2012.03 06.doc 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, such as taxes and impact fees. g) "Landowner" is the party who has acquired any portion of the Subject Property from the Developer who, unless otherwise is released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The "Developer" is identified in Section 5 below. h) "Project" means the anticipated development of the Subject Property, as specified in Section l and as provided for in all associated pennits /approvals, and all incorporated exhibits. i) "Vesting date" means the Effective Date of this Agreement as defined above. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A Legal description of the Subject Property. b) Exhibit B Site Plan showing proposed Development. c) Exhibit C Conceptual Plan showing proposed right of way improvements. d) Exhibit D Conceptual Elevations showing proposed design of building. e) Exhibit E Parking Covenant for Subject Property. 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" or Owner is a private enterprise which owns the Subject Property in fee, and whose principal office is located at 3723 South 126th Street, Tukwila, WA 98168. c) The "Landowner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released by the City, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property. 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 goverimental functions. Section 7. Effective Date and Term. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of two (2) years unless extended or terminated as provided herein. Following the expiration of the tern or extension thereof, or if sooner terminated, this Agreement shall have no 3 7_: \DCD n C'lerk's \Brandon \Riverton DATINAL DA, REVIEWED BY CA, 2012.03.06.doc force and effect, subject however, to post termination obligations of the Developer or Landowner. Section 8. 'Perms. A. Planning and Develo>ment. 1) Parking. The Project will install 39 onsite automobile parking stalls as shown in Exhibit B and shall install 12 parking stalls along the right of way of East Marginal Way South as generally depicted in Exhibit C. Parking can include both tandem stalls and compact stalls. The City will permit no more than 50 percent of the parking stalls to be compact stalls. The parking lot must also include the number of accessible stalls required by the Washington State Building Code. Accessible parking stalls meeting the requirements of applicable code provisions shall be included in the 39 parking stall total. The Developer shall install a bus infonmation kiosk and a minimum of five spaces for bike parking. 2) Environmental Certification. The Developer agrees that it will seek Leadership in Energy Environmental Design (hereinafter "LEED certification. Within 30 -days of mutual execution of this agreement, the Developer shall provide the City a financial guarantee of $10,000. The City shall return the financial guarantee once the Developer provides certification that the building has achieved LEED Silver Certification. If LEED Silver Certification is not achieved before expiration of this Agreement, the Developer shall forfeit the financial guarantee and the City agrees to use the fields to support environmental restoration and educational projects. 3) Sulit Zoning. The City agrees that the zoning and development standards for the Neighborhood Commercial Center (hereinafter: "NCC Zoning District shall apply to the entire property, including that portion of the property that is zoned Low Density Residential (hereinafter "LDR In the event that the building is demolished or destroyed, the underlying zoning regulations in effect at the time of demolition or destruction of the building shall govern any future development. Provided, should Landowner or Developer choose to recreate the Project as specified in this Agreement and as previously approved by the City, NCC Zoning shall continue to apply. 4) Restricted Usage. Given that the City has granted a reduction in the required number of parking stalls on the site, the following uses on the subject site are strictly forbidden under this Development Agreement: I. Any non residential uses that have a parking demand of more than 1 stall per 100 square feet of usable floor area as listed in Figure 18 -7 of the Zoning Code Title 18. ii. Storage of household items such as upholstered furniture and indoor appliances on outdoor patios is prohibited. The developer and future 4 71DCD n Clcrk's \Brandon \Riverton DATINAL DA, REVIEWED BY CA, 2012.03.06.doc landowners agree to include this restriction in all future lease agreements with tenants. iii. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by the restrictions on usage stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. The restrictions on usage shall survive the termination of this Agreement. 5) Design. The Developer agrees to construct the building to the overall appearance shown in Exhibit D. No changes shall be made to the approved design shown in Exhibit D without further approval by the City Council; except that the Director is authorized to approve minor, insignificant modifications which have no impact on the project design. The final elevations, provided as part of any permit process shall meet all applicable building, fire, public works, and other code requirements. ii. The City agrees that the Project's initial construction will not require a Design Review approval. Once the Project's initial construction is complete, remodeling or additions to the Project will be subject to the City's design review requirements as they currently exist or as may be amended in TMC Title IS. iii. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by the Design standards and restrictions stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. The restrictions in usage shall survive the termination of this Agreement. B. Public Works. The Developer agrees to install right of way improvements, including curb, gutter, sidewalk, and bike lanes as generally depicted in Exhibit C. The final design shall be approved by the Director of Public Works. Construction of the improvements shall meet all City standards and be installed before issuance of a certificate of occupancy for the subject building. Section 9. Identification of Project. The Developer and any future landowner, agree that when marketing, advertising, or promoting the Subject Project that they will refer to the Project as being located in the City of Tukwila. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by this obligation as stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. This obligation shall survive the termination of this agreement. 5 l_: \DC'D n C'lerk's \Brandon \Riverton DATINAL DA, REVIEWED BY CA, 2012.03.06.doc Section 10. Vested Rights. A. During the tern of this Agreement, unless sooner terminated in accordance with the terns hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terns 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 tenors and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. B. This Development Agreement only covers those specific development standards addressed herein. The City's Development Regulations, including building, fire, public works, zoning, and signage regulations shall govern unless specifically addressed in this Agreement. No vesting is created by this Agreement for any other development regulation that is not included in this Agreement. Section 11. Permits Required. With the exception of the design review approval, the Developer and future landowner shall obtain all required pen Section 12. Minor Modifications. Minor modifications from the approved pen or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. Section 13. 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 SEPA. 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 14. Existing Land Use Fees and Impact Fees. A. Land use, Building, Fire, Public Works and sign 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 applicable to pen 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 Chapter 9.48 of the Tukwila Municipal Code. IV. GENERAL PROVISIONS Section l.. 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 6 Z: \DCD n Clerk's \Brandon \lZiverton DATINAL DA, REVIEWED BY CA, 2012.03.06.doc be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Riverton Development, LLC 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. Severabilitv. 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 development contemplated in this Agreement and all of the permits and /or approvals issued by the City for such development are not substantially underway prior to expiration of such pennits and /or approvals. Nothing in this Agreement shall extend the expiration date of any pen or approval issued by the City for any development. B. This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals identified in this Agreement, or submits applications for development of the Subject Property that are inconsistent with such permits and approvals. C. This Agreement shall terminate either upon the expiration of the tern identified in Chapter III Section 7 or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied as determined by the City, which ever first occurs. Upon tennination of this Agreement, the City shall record a notice of such tennination in a form satisfactory to the City Attorney that the Agreement has been terminated. D. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if a building pennit for construction of the building approved in this Agreement is not submitted to the City within two years of the date of this Agreement. E. This Agreement may terminate pursuant to Section 3 Severability or Section 10 Default. Section 5. Effect upon Termination on Developer Obligations. Tennination 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 tenns 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 or restrictions specified in the Agreement to continue after the tennination of this Agreement, or obligations to pay assessments, liens, fees or taxes. The payment for process of the Development Agreement as outlined in Section IS- shall survive. 7 7: \DCD n C'lerk's \Brandon \Riverton DATINAL DA, REVIEWED BY CA, 2012.03.O6.doc Section 6. Effects upon Termination on Citv. Upon any tennination 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 tern 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. Attornevs' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any 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 terns 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 thirty (30) days from receipt of written notice in which to cure the alleged breach.. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon 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 tenors of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period'or (b) the conclusion of any dispute resolution process. B. After notice and expiration of the thirty (30) day 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. Section 11. No Third -Party Beneficiaries. 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. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 8 7_:\DCD n Clerk's \Brandon \Riverton DATINAL DA, REVIEWED BY CA, 2012.03.06.doc Section 12. Inteeration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof There are not other agreements, oral or written, except as expressly set forth herein. Section 13. Authoritv. 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 Runnine 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 teens 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. A copy of the fully executed Development Agreement shall be recorded with King County. 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 Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property during the next five years, 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 five years from the anniversary date of the Effective Date 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 1.7. Notices. Notices, demands, or correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first -class mail to the addresses provided by the executing parties below. Notice to the City shall be to the attention of both the City Administrator and the City Attorney. 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. 9 7: \DC'D n Clerk's \Brandon \Riverton DA \PINAI_ DA, REVIEWED BY CA, 2012.03.06.doc Section 18. Expenses and Fees. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant that are incurred by City and that directly relate to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. In addition, in consideration of the significant City staff time spent drafting and reviewing this Development Agreement, and of the substantial benefit the Developer is receiving in the form of a streamlined land review process, the Developer shall provide the City with $5,000. 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. The Developer agrees that it is responsible for the payment of all City fees (land use permit fees, development pen fees, public works permit fees, sign pen fees, fire permit fees and other applicable fees) for the Project that are charged in the same manner to other properties and applicants of Tukwila. 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 thirty (30) days from the City's presentation of a written statement of charges to the Developer. The obligation of the Developer to pay all fees incurred shall survive the termination of this Agreement. 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 Partv 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. This section shall survive the termination of this Agreement. 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 ternis and conditions of this Agreement. Section 23. Recording. Developer shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.7013.190, no later than fourteen (14) days after the Effective Date and shall provide the City with a conformed copy of the recorded document within thirty (30) days of the Effective Date. 10 ZADCD n C'lerk's \Brandon \Riverton DA\EINAL DA, REVIEWED BY CA, 2012.03.06.doc Section 24. Le6a1 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 as its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNER/DEVELOPER: By Its Riverton Development LLC 3723 South 26th. Street Tukwila, WA 98168 CITY OF TUKWILA By: Jim Haggerton, Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98168 ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney 11 Z: \DCD n Clerl<'s \Brandon \Riverton DATINAL DA, REVIEWED BY CA, 2012.03.06.doc STATE OF WASHINGTON) ss. COUNTY OF On this day of 2012, before me personally appeared to me known to be the individual that executed the within and foregoing instrument, and aclulowledged 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: STATE OF WASHINGTON) ss. COUNTY OF KING On this day of 2012, before me personally appeared JIM HAGGERTON, 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 MAYOR 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: 12 ZADCD n Clerk's \Brandon \Riverton DA \FINAL DA, REVIEWED BY CA, 2012.03.06.doc x Attachment E RIVERTON DEVELOPMENT ADDRESS: 12909 EAST MARGINAL WAY SOUTH TUKWILA, WA 98168 ZONE: NCC NEIGHBORHOOD COMMERCIAL CENTER PARCEL #'S: SOUTH LOT 734560 -1005 NORTH LOT 238420 -0055 LEGAL DESCRIPTION: SOUTH LOT: RIVERTON ADD S 55 FT OF N 165 FT OF 25 -26 ALL TR 12 ESSICO ADD LESS ST NORTH LOT: ESSICO ADD TO RIVERTON LOTS 11 13 OF VAC PLAT OF ESSICO ADD TO RIVERTON TGW POR VAC ST ADJ x EV L 0 O Z 3w R N H y- TELE l \\\.\L i G I. I Y I yam ti C WTR IIAMI u A -Li-E M WP ER Attachment F CD C CL g 'Z 0 Cr O LL LL 0 LU 0 Cr CL EV L 0 O Z 3w R N H y- TELE l \\\.\L i G I. I Y I yam ti C WTR IIAMI u A -Li-E M WP ER x 1—l Attachment G O 0 0 ir 0 LL 0 Z o X52 a -u E s Lys a T LL Z w 0 CL g CG 1—l Attachment G O 0 0 ir 0 LL 0 Z o X52 a -u E s Lys a T LL Z w 0 X52 a -u E s Lys a T LL Z w 0 CG Q 0 z 0 N x Attachment H a� U Q; C u L 1 L J riuullllllulllluuuuuuuuul nlommp....... t Z W �z aw O 2: w J LU W ry >a W n 0 w a Z O O J w �w ry o w�A >o ry o a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o d� LLI LU e Lu LU <y e y� a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o a� 4- U Q; C CJ L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o a� 4- U Q; C u L V D T Z W �z aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w�A >o ry o Q m w (9 w 'z O U W (7 Q Z (7 A U Z W CO a� 4- U Q; C u L L z w aw O 3 7 w J LU W ry >a W n 0 w a Z O O J LL �w ry o w� O FY O x Attachment I Riverton Apartments Parking Agreement Parking provided per Developer's Agreement 39 on -site stalls (9 tandem, 2 ADA) 34 stalls will be dedicated to residential tenants 5 additional on -site stalls will be dedicated to visitor parking (guests, maintenance vehicles, employee parking, etc.) Street improvements will be made to provide for 12 additional on- street stalls along the west side of E. Marginal Way South. Shared Parking In order to alleviate demand for street parking and ensure cars do not impact the surrounding neighborhood streets, Nine (9) designated on -site stalls shall be signed and available for commercial use from the hours of 9am -5pm Mon -Fri, excluding holidays. Permitted cars of residential tenants shall have priority. (See site plan exhibit) Resident Parking Contract Terms Prior to the issuance of a parking permit, residents are required to review and acknowledge their understanding of the parking rules (this document is also incorporated herein as part of the lease). Permits and Availability One parking permit per one bedroom unit may be issued. Two parking permits per two- bedroom unit may be issued. Short term permits shall be available to guests and maintenance vehicles on 8 -hr or 24 -hr cycle. Users should apply with the manager prior to parking. Parking permits are not transferable to another resident, non resident, vehicle, or other individual, etc. Unidentified vehicles may be immediately towed. All vehicles must appropriately display the required parking permits as instructed by the manager. Alternate locations for placement may be available. Lost or stolen parking permits may be reissued at a cost of $25. If damage to a permit occurs, the manager should be immediately notified so the damage to the sticker can be verified. Please contact your manager before selling your vehicle or otherwise replacing it, the parking enforcement contractor will consider the vehicle to be in violation if the proper permit is not attached. Manager may ask for visual vehicle verification and proof of registration prior to issuing a parking permit. The license plate of the vehicle must always match the vehicle make, model, and parking permit. Do not attempt to transfer the permit to another vehicle. If the vehicle is replaced then you must notify the manager in writing AND the manager should be present when the old permit is removed or destroyed or another permit may not be issued. A $25 fee may be applied if this is not properly addressed. The parking of trailers, utility vehicles, snowmobiles, boats, RV's, vehicles of family members, vehicles that occupy more than one space, and vehicles parked inappropriately in compact spaces, etc. are all prohibited. Note: vehicles may not park in compact spaces if the bumper of the vehicle extends more than 12" beyond the end of the painted parking line or if it otherwise obstructs traffic. Long term parking or vehicle storage is not allowed. This is identified as any vehicle that remains unmoved for 7 days or more. Only operational vehicles may be parked in the lot. Trailers, extra long or wide vehicles, commercial vehicles, recreational vehicles, and etc. are not allowed and shall not be issued a parking permit. Such violations will result in a vehicle being towed at the expense of the vehicle owner. Residents shall instruct guests to park only in designated stalls and they must display a visitor pass (consult manager for availability). Enforcement In order to preserve order, assist with parking maintenance, and for obvious safety issues, parking enforcement contractor Is there going to be a parking enforcement contractor is authorized to boot or tow (at the expense of the resident or vehicle owner) any vehicle for some of the following issues: parking rules, blocks traffic, blocks access to dumpsters, violates any parking agreement or policy, does not display the required parking permit, failure to pay parking enforcement fine /fees, resident or vehicle occupant cancels payment for a previous fine, parking in a fire lane or other emergency area, double parking (without written consent of the manager), parking in a no parking zone, parking without a valid permit or when a permit has been revoked, parking without having signed and returned the parking agreement as required, etc. Miscellaneous Violations, Penalties, and Fines Vehicles may be booted, towed, or forfeit of parking for violation of parking policy, obstructing traffic, double parking, parking in no parking zones, blocking or restricting trash removal around dumpsters, creating a life safety issue, violating /interfering with current parking rules, threatening contractors, manager, or other resident (verbal, physical, or vulgar gestures), or if resident refuses to pay applicable fees to the parking enforcement contractor(s), etc. The costs associated with towing or disposing of abandoned vehicles, vehicle parts, tires, oil /lubricants, antifreeze, gasoline, etc. shall be paid by the resident or residents of the apartment additional handling or disposal fees will apply. Do not store or leave any flammable material, substance, motor oil, automotive or engine fluids, automotive parts, greasy /oily items, or other such material on the property or in the apartments. Violators will be charged a minimum $30 fine (per container or incident) for any of the above mentioned issues AND be responsible for any identified damage, repair or replacement costs (plus significant handling costs). Default of contract will be considered. Do not store scooters, bikes, motorized vehicles, etc. in the apartment or along exterior ingress /egress areas. Do not perform any maintenance or repair, on any vehicle, motorcycle, bicycle, or motorized vehicle, etc. anywhere on the property without the written consent of the manager. Minimum $30 for minor infraction. Vehicles that leak oil or other fluids may not be allowed to park in the parking lot until the issue is properly repaired. Electricity for engine block heaters may not be allowed as they frequently constitute a serious safety, utility, and /or property damage concern (i.e. snow removal, trip hazard, electric shock, open windows and doors causing utility and safety risks, and window screens and wall are often damaged in an effort to get power to the vehicle etc.) Written approval from the manager is required. Serious, continual, or repeat violation may require that the resident forfeit parking temporarily or permanently. Scope 1. The provisions and conditions of this Agreement shall run with the land for those properties referenced in paragraph 1 of this document and be enforceable against successors in interest and assigns of the signing parties. 2. Title to and the right to use the lots upon which the parking is to be provided will be subservient to the title to the property where the primary use it serves is situated. 3. The property or portion thereof on which the parking spaces are located will not be made subject to any other covenant or contract for use which interferes with the parking use, without prior written consent of the City. 4. This Agreement is in perpetuity and can only be terminated if replacement parking has been approved by the City's Director of Community Development and written notice of termination of this agreement has been provided to the other party at least sixty (60) days prior to the termination date. Tukwila RIVERTON MIXED USE PARKING DEMAND ANALYSIS March :2012 TU Source: Tukwila Wei ite J raffi Jake Tc Engineening, InL i t rtii�- I=M 2 39th Ave SW Seattle, WA 98116 2503 Tel 206.762,1978 Cell 206,7993692 Brie Campbell, Leed AP RIVERTON DEVELOPMENT LLC 3723 S. 126M Street Tukwila, WA 98168 Re: Riverton Mixed Use Tukwila Parking Demand Analysis We have prepared this Peak Parking Dernand Analysis for the proposed Riverton Mixed Use project in Tukwila. The project proposes to provide the following: 23 unit apartment 3,000 sf commercial space (envisioned uses include a small cafe and office) The proposed project is located at 12909 East Marginal Way in the City of Tukwila. Access to the site is via a driveway off of East Marginal Way South. The proposed project proposes to provide 51 parking stalls; 39 parking stalls will be on the site and 12 parking stalls will be adjacent to the site. An aerial of the site obtained from King County IMap is depicted to the right. This report is prepared to identify the peak parking demand for the proposed project per City requirements and Institute of Transportation Engineers (ITE) data. The peak parking demand is conducted 'or the apartment peak and commercial peaks. The summary, conclusions and recommendations are on page 4 of this report. Figure 1 is a vicinity map of the proposed project. A preliminary site plan is depicted on Figure 2. Brie Campbell, Leed AP TURNER SPECIAL PROJECTS March 6, 201-2 Page -2- Protect Site The project site is presently developed with a single family dwelling. The existing building would be removed to make way for the proposed development. Street Svstem The primary streets within the study areas and their functional classifications Tukwila Ordinance #1616 are as follows: SR-00 E. Marginal Way S. S. 133rd St. o' S. 130 St. Transit Services The map to the right is the pertinent section of the Metro Transit System Map depicting transit service in the site vicinity Metro Transit Routes u" on SIR 99 about 1 /4 mile away and provides service on East Marginal Way. Further information on these routes can be found on the Metro Transit website Principal Arterial Minor Arterial Minor Arterial Collector The Riverton Development project will provide 51 parking spaces; 39 parking spaces will be on the site and 12 parking stalls will be on East Marginal Way S. adjacent and to the north of the site. City of Tukwila The City of Tukwila Zoning Code Chapter 18.56 PARKING AREAS, VEHICLE AND PEDESI RIA1 ACCESS, AND RELATED IMPROVEMENTS provides the Zoning parking requirements for the project. My review of the City Zoning Code indicates that the project requires the ollowing parking. 23 units residential 46 stalls (2 per unit) 1,C 00 sf cat 6 (800 sf useable) 8 stalls (10 per 1,000 sf useable sf) I A- 2,000 sf office 6 stalls (3 per 1,000 sf) Total 60 stalls 'N Project Site t t I &R The Riverton Development project will provide 51 parking spaces; 39 parking spaces will be on the site and 12 parking stalls will be on East Marginal Way S. adjacent and to the north of the site. City of Tukwila The City of Tukwila Zoning Code Chapter 18.56 PARKING AREAS, VEHICLE AND PEDESI RIA1 ACCESS, AND RELATED IMPROVEMENTS provides the Zoning parking requirements for the project. My review of the City Zoning Code indicates that the project requires the ollowing parking. 23 units residential 46 stalls (2 per unit) 1,C 00 sf cat 6 (800 sf useable) 8 stalls (10 per 1,000 sf useable sf) I A- 2,000 sf office 6 stalls (3 per 1,000 sf) Total 60 stalls Brie Campbell, Leed AP TURNER SPECIAL PROJECTS March 6, 2012 Page -3- The parking demand per TZC for the above identified uses is noted at 60 stalls; however the parking peaks at different times during the day; the residential peaks late at night/early AM and the commercial uses in the daytime. Additionally, the City's parking requirement for the residential component is much higher than researched parking data suggests. 101 K#JYJ to 14 6-1 r.-M a] 11raq] I It; 1116-111 IN a- I I L01 Mal am sm I ip I I 11manorm Is I have prepared an Excel spreadsheet noting the envisioned uses with City and National parking data included with the time of peak noted. The residential component peaks during the late nigh/early AM time period (1200 0400), the Office component peaks at 1000 11.00 and tie Caf6 is expected to peak from 1200 to 1300. ITE Peak Parking The Institute of Transportation Engineers (ITE) Parking Generation, 4 Edition identifies the time of the peak period and percentage of the peak period. The proposed project provides apartment and office uses. The parking rate, peak period, percentage of peak period and percentage during other uses peak periods for the above mentioned lands uses are identified in the table below: USE ITE Parking Rate Percentage of Percentage (L.UC) 85% Peak Period Peak Period during other uses peak Apartment 1.61 spaces per 0000 -0400 100% 65%/65% (221) dwelling unit Office Building 2.98 spaces per 1000-1100 100% 10 °l /9t% (701) 1,000 sf Restaurant 6.37 spaces 1200-1300 100% 10%/85% (932) The peak period for the Apartment occurred during 0000 0400 hours (12:00 am 4;00 am). Data shows no percentages for the other uses during the Apartment peak period. Accounting for janitorial staff and other off hour maintenance I applied a 10% parking percentage during the Apartment peak for the office and restaurant use. In addition no ITE percentages were noted for the Apartment during the other uses Peak Parking period (1.000 1100 and 1200 1300). A percentage of 64% is identified during the 0800 time period; 65% is used for the analysis. Attached in the appendix are pertinent sections noted above. 1141111111WO Peak parking demand occurs at different times pending the use. Residential peaks occur at night and commercial office and Cafe uses during the day. The Riverton Development Brie Campbell, Leed AP TURNER SPECIAL PROJECTS March 6, 2012 Page -4- project is a multi-use project that encompasses the aforementioned uses and thus is conducive to shared parking. Peak Parking- Demand AnaIvsjs I conducted the peak parking demand utilizing six scenarios: Peak demand for Apartment- Urban and Suburban Peak demand for Office Urban and Suburban Peak Demand for the Cafe Urban and Suburban Included in the appendix is the Excel spreadsheet that shows the peak parking demand for the above mentioned scenarios. The site is situated in an area that is neither completely Urban nor Suburban in nature; thus both the Urban and Suburban ITE parking data is used. The Suburban ITE data, as would be expected, shows higher parking demand than the Urban data. My analysis using City parking rates indicates that the peak parking demand for the project to be 47 stalls. Using ITE data the peak parking is projected at 34 stalls using Suburban data and 25 using Urban data. The residential peak parking demand on Saturday is 14% less than during the weekday and little parking is projected for the Office on weekends; thus my analysis focused on the weekday peak. I recommend that a transit schedule kiosk be provided in the lobby of the building and appropriate bike parking be provided. This report analyzed the Peak Parking Demand for the proposed Riverton Mixed Use project, The parking requirements are governed by City Zoning Code. A peak parking analysis was done using the required City parking and the percentage of peak parking during the time of peak for each land use as derived in the ITE Parking Generation. 11 used the City parking requirement data and ITE data for time of peak parking demand to calculate the peak parking during the peak period for the Apartment and the commercial scenarios. My analysis indicates the highest peak parking demand scenario occurred during the late evening/early AM peak period that resulted in a peak parking demand of 47 spaces. The proposed project provides 51 spaces that are sufficient to accommodate the peak parking demand. Transit service is available adjacent and near the site and ITE data shows less parking demand. The installation of a bus schedule kiosk in the building lobby and appropriate bike parking is recommended, 1 E, n IA Brie Campbell, Leed AP TURNER SPECIAL PROJECTS March 6, 2012 Page 5- Please contact me at 206.799.5692 or email me at if you have any questions, Very truly yours, Mark I Jacobs, PE, PTOE EXPIREs 462 Project: Riverton Mixed Use King County Location. 12909 East Marginal Way 1,041,21 I 15 Seattle ak,�, idje I I 2th St sowh"El F—' 99 S IfE,'Ih ks S Avor, St U Heigh 8 CO S 116Th S4 5t Sao IS ID 120th Cn f P roject Site yl C ie oat pwk Skyway P.rk 7 U, 6 El SI is v, S 128th 4 Y o s ImT, F 1281h St Pn 4C tan�sfou PJ CO IVI Fl a, 133rd 'A 133rd St S 1321-0 St V Bumn S 13Mh �,'I 3 140th St FQ S 142nd St iz S 144th "t frJ GO 144th M Renton d. piverion Paste, Heigms 1461[1 St S N60, St EMO21,4,.s.ft WD A nat ,--,vd I Project: Riverton Mixed Use King County Location 12909 East Marginal Way Note: An 8.5 x 11" copy of the site plan is included with this. Parking Demand, Analysis T RIVERTON MIXED USE TUKWILA F 1 PARKING DEMAND ANALYSIS FIGURE 2 RWAnt In Color C nly SITE PLAN 10411411100 C d) E r C 2 LL Ix iT z 0 LU OC CC z 0 0 cc 0 LL F- rz 0 z LL LU CC rz x IMAP S 7 71,�A�: lo *ft a 1'r tI j� Y "M T v I x y fit t X AIM ff x A "s T i7 nd 1,011m d- 1 V,� Ok T q RIM `11m� "O k oi is, q N 00 'A" t it IMP 0 av, W T v t z I 4 E., 7 t Tlf� e 0 r M r 0 Of 2 'tea w "�Y'3 nk 4 wpf Lc ge n d County BrIt.111dary P a r k!, s fr Miauntain Peaks 2007 Cclor Aerial Phatus j6irCl Highways L a k v and Large Rivers 2007 Cdor Aerial PhGtos Min, St re e ts Streams P I S c 0 nt' COMMENTS Site Maria[ Thewfic tndiOed on this It ap Ims been cornpilew by Kinp C­r:v 511 from avariely of sources anti is m,hier,1 to cnargo wrtt*ut notice King County makes no rewesenuitiring jr war rues o.xixes,i or i tnphed its to rcrrra copreten,­. 1�fliellriess o, rrytts In flie use of Information This document iq not intended far I 15� a,� a �w,, p.noduct Kag Cowrly 'h 8 11 from r) !:e I rnb for any q, wrat specie), nd,ro: t mdenLil or conseqUEntt I damages indudIng. Dtir not 'FlInnn D, IL6t revlt uuris or Jost profiTS 1EI-11-ItIF114 from the use or ruse of Lhe mforrialror �ntoinetj nn th;c ap Any Safe of th r na P or I I form atr of I o I, this ma I i's, pro l, I io d excep b y w nute I p­ i s s 1­1 .of K m q ro, I n t y I ig King County DiW 2116/201 Sour­ Kan, your, ty MAP P mpefty hrdc;r­ Con r MIP 1 1'r ok:: 9 1 ­`5 tS/i MAP i _nr IS, P. 1 .1 fij cc CL 1 -v uj I— It Lo CN I w I,,) m 0 04 VA 0 0 0 cy) 0 000 0 0 0 l 0 C O 3 0) Co co a) 0 1H 0 M 00 ,c 0 (N tw Rt OL a- no -4 10 0 c6 m CL C 0 Lo o 0 0 CL o :T 0) ltl 0 C� (6 0 i 9 4 CL O. UO C e Jo 0 1 0 LO 0 LO CL CL im 0 01 U) 0 101 1-4 0 (D 0 00 OL 0 CL ZD m 0 10 0 o 1 0 I 0) CL CD CL 0 j 0 0 0 0 0 0 0 Rt 00 o 0 o (y) CID a- 0 0 0 0 8 0, 0 0 E 0 0 0 0 N 0 0 0 0 0 N C) r— 0) CD (Y) 4 Lo 0- CN LU o- uj m a. 3 LLJ M �0 L) m I(D 0 t U- CID 0 j 0 9 (-d 00 0 z CL L o 0 (D 00 co 17F Q0 M U) ui LIJ C2 CL i z )UD IL- U) m EL r-i N (b 0 C Cr 1-- CN (D 0 Z:) 0- CD CL 0 C� no CN m 0 m j C (Y) 0 Q) 0- dl a 0. D CN 0 cy') r- 0 (3) 0 co 1 _j 00 LIJ t F- u CL CL m 0 C 0 0 00 (N 0 0 00 0 U V) U 0 cry cl� (n t4 LO as u3 s U) c D CD E Q) co co m CL a) 0 (D a) a) o Cr F� cr IS, P. 1 .1 fij cc CL 0 Lo It Lo CN m 0 04 VA 0 0 0 cy) 0 000 0 0 E 0 0 CN 0) Co 0 M 00 ,c 0 (N U-1 M OL 10 0 c6 m CL C 0 Lo o 0 0 CL o :T 0) ltl 0 C� (6 0 i 9 IS, P. 1 .1 fij cc CL 0 0 000 0 0 E 0 0 CN 0) Co C U-1 M 10 0 c6 m CL m o :T 0) ltl CG CL` 'A C� (6 0 0 4 C 0 ZD CL CL im 0 01 U) o o 0 00 7' ZD m 10 0 a) 1 0 (a 0 0 a) r� 0 C) Lo 0 Lo 0 (D o co cv T-i CL o 0 CL F." 0) CL 0 0 0 0 E 0 0 i t 000, -i m I 0 T-1 r� I I I 000 0 0 0 0 0 (N 71 10 0 o6 o 4 ly) I m 0 0 0 (y) CD CL CD CL 0 00 Lo 0 U0 bD 0 Lli c C) cc 0- t: �u 4 D 0 (Y) (o i 6'L6 0 0 0 0 C-0 00 r- (D CO 0 0 x 0 co -I UJ i C? as a) OL 0 0 C) (D N -1 CO CN 0 0 0 C) Lo 0 0 ;2 0 (D (Y) 0) o CL OL L) yy 0- 10 C 0 0 0 C) 0 0 0 10 CO OL 0 CL ui F-- (y) o !m 0 o OL 0 .0 0 0 0 0 CN 0 0 1 Clq 0 1 Lu C) 0 0 o o LO CN z CL 00 04 LO 0 �A -0 CL 1 5 Q) co m 0 :3 0 to 'E 0 0 0 0 0 cr 000 0 Lij cr- Q) cL o o c-4 Z (o TT 0 I is ca 1 D w (D co LO 't LLJ C+7 r, (,q LO 00 LO 0 Q. ui 0 0 UD d(N OL UJ Co D t _0 cr lu 10 �o 10.0 Z) (N -.j ui 00 110 010 LU Q) ui Cf L) 70 z CO 0 0 U) tltl j LLS E .0 0 0 Lo 0 0 w m CN 00 N I. m 4 C6 Q) U) 1c) 0 Q) C) U) C j m 7E7 l< 0 cr x 0 C o i C'4 m 0 -j Go uj Q) 0- cy) 0 o N 0 0 CN (D '0 CL Q) a) 0 X Cr (a 0 0 a) r� 0 C) Lo 0 Lo 0 (D o co cv T-i CL o 0 CL F." 0) CL 0 0 0 0 E 0 0 i t 000, -i m I 0 T-1 r� I I I 000 0 0 0 0 0 (N 10 0 0 06 00 Lo 0) CN 0 (y) r-- (D Lo CD CL 0 00 Lo 0 bD 0 LLJ 0 cc 0- 70 �u 4 D 0 (Y) (o i 6'L6 0 0 0 0 (D CO CL 0 co -I UJ i C? as il C7 LO N (D N -1 CO CN 0 0 (N (a 0 0 a) r� 0 C) Lo 0 Lo 0 (D o co cv T-i CL o 0 CL F." 0) CL 0 0 0 0 E 0 0 i t 000, -i m I 0 T-1 r� I I I 000 0 0 0 0 0 (N 10 0 0 06 L6 6 0 CN C) (y) r-- (D Lo CD CL 00 Lo 0 bD (Y) LLJ LU cc 0- 70 CL 4 D 0 (Y) (o i 6'L6 0 0 0 0 (D CO CL 0 co -I UJ i LU il C7 LO N N -1 CO CN 0 C) Lo 0 0 ;2 0 (D (Y) 0) o 0 OL L) 0- 10 C CN C) 0 10 C) C) CL ui F-- (y) C C) !m 0 o 0 0 oo 0 0 .0 0 0 0 0 CN 0 0 1 Clq L4 1 Lu w LO CN z CL 00 04 LO 0 �A -0 CL 1 5 Q) co m :3 0 L) 0 0 cr 0 0 06 L6 6 0 CN C) CD CL bD (Y) LLJ C: CL 0 (Y) 6'L6 c6 0 CL 0 co -I O C) Lo 0 0 ;2 0 (D (Y) 0) o OL m Q) C CN 10 C) C) CL a) 'i 0- C) (y) C C) 4- 1 0 .0 0 0 0 0 CN Lu w LO CN z CL 00 04 LO 0 �A -0 CL 1 ui m :3 U) 10 0 Lij cr- Q) cL 0 C) Z (o TT (6 o6 I is 1 D w (D co LO 't LLJ cq 00 CAS U) N (Y) U� Q. 0 0 UD d(N m C) 0 cr 10 �o Z) (N -.j 0 m 00 LU Q) CO 0 0 U) tltl LL E 0 00 0 0 U) 0 0 cn Q) U) Q) U) l< 0 cr x 111 112111 Jill I Jill Jill 111111 1 ;J11111111 111 !111 1 I 11 1 0 -til t Use Single-family and multi- family dwellings Multi-family and Mixed- Use residential (in the Urban Renewal Overlay (URO)) Senior Citizen Housing F.-TUNIT450-jaymum 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by lhis title One for each dwelling unit that contains up to one bedroom. 0.5 additional spaces for every bedroom in excess of one bedroom in a multi-family dwelling unit. _0 I i NOW, 11 01 One automobile space at no charge to a car sharing program (if available) for every 50 to 200 residential units on site. An additional space shall be provided for developments with over 200 residential units. All car share spaces are in addition to required residential parking. If car sharing programs are not available when the building is constructed, an equivalent number of guest parking spaces shall be provided. These shall be converted to dedicated car-sharing spaces when the program becomes available. For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units, Bicycle Standard For multi-family, I space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. One secure, covered, ground-level bicycle parking space shall be provided for every four residential units in a mixed-use or multi-family development. I space per 50 parking stalls, with a minimum of 2 spaces. Religious facilities, mortuaries and funeral homes Colleges, Universities, Vocational Schools and other post-secondary educational institutions Convalescent/ nursing/rest homes Food stores and markets 1 for each 4 fixed seats mill Shall be deterrflined by Planning Commission, based on 1 space per 50 parking stalls, an evaluation of information concerning traffic generated with a minimum of 2 spaces. by proposed use. 1 for every 4 beds with a mm mum of 10 stalls 1 for each 300 square feet of usable floor area High schools I for each staff member plus 2 for every 5 students or visitors Hospitals I for each bed Hotels, motels and 1 for each room, plus one employee space for each 20 extended stay rooms, rounded to the next highest figure Manufacturing i for leach 1 square feet of usable floor area I space per 50 parking stalls, with a minimum of 2 spaces. I space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces, 1 space per 50 parking stalls, with a minimurn of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 11 *'1 Office, commercial and 3.O for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, professional buildings, with a minimum of2spaCeS� bankm, dental and medical clinics Outdoor sports areas Shall be determined by Planning Commission 1 space per GQ parking stalls, with a minimum of2spaces. Places of public The Director ah8|| determine the number of required 1 space per 50 parking sta||o, aoaembly, including parking spaces, with a minimum of1 space for every 1O0 with a minimum of2spaces. audi\nriumma, exhibition square-feet of assembly area. To ensure parking he||s, community doba, adequacy for each proposal, the Director may consider community centers, and the following: private clubs u. A parking study or documentation paid for by the applicant and administered by the City regarding No actual parking demand for the proposed use, or b Evidence in available planning and technical studies relating Lo the proposed use. Post offices floor 3 for each 1 000nquanaheetnfusab|eO 1 apace per 50 parking �a||s with a minimum nf2spaces. Public facilities, including 1 space Pe'5O�a�ing stalls, libraries, police and fire Shall be determined by the p|anningCommission with a minimum oy2spaces. stations Restaurant 1 for each 1O0 square feet of usable floor area 1 space per 50 parking stalls, with m minimum of2spaces� 1 for each 50 square feet of usable floor area. Fifty 1 space per 5Dparking sta||s. Restaurant, Fast food percent nf any outdoor seating area will be added tothe with a minimum oY2spaces. _usable floor area for parking requirement calculations, Retail Sales, Bulk 2.5 for each 1,080 square feet nf usable floor area 1 space per 5O parking stalls, with a minimum nf2spaces. 4 for each 1.QOO square feet o/ usable floor area iflocated Retail sales, wdhinthe TUC orTV8 zoning dis1ho��25�r each 1.0O8 1 space per 5U parking stalls, mqUana feet of usable floor area if located in any other with a minimum of2spaces. zoning district 8ohom/y. Elementary 1S for each staff member Junior High 1 space per classroom Shopping center (ma||). planned, per usable floor area size, oa listed below 500.000 nq. ft. urlarger 5 for every 1UOO sq. ft, 1 space per 50 parking stalls, with a minimum of2muauem. 25.8OO-498.A§0s0,ft, 4 for every 1.80Omq�ft, 1 space per S8 parking stalls, with a minimum n of 2mpaoem, Taverns 1 for every 4 persons based on occupancy load. 1 space per 5D parking stalls, with a minimum of2spaces. 1 for every 4 fixed seats. It seats are not fixed. 1 per 3 space per 100 seats, wi�ha Theaters seats, with concurrence of Fine Chief, oona��n� with minimum m�nimumnY3mpecem� maximum a||uv�doccupancy Warehousing 1 for every 2.0OO square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 18.56]4(), Adrni��i s[r0t i#e `Y8ri a omw �Or��n� Slandar,d A, General 1. A request for an administrative variance from required parking standards must bereceived prior b3any issuance of building or engineering permits. Administrative w8M8nCeS are only eligible for requests for reductions {d required parking between 10 and 100. Requests for reductions from minimum parking standards in excess of 10% must be made to the Planning Commission, 2. The project developer shall present all findings t0 the Direc prior t0 any final approvals, including design review, conditional use permit /eview, building review or any other permit reviews required bv the Director. B� Ch&el 1 All requests for reductions in parking mhe|| be reviewed under the criteria established in this section. 2. In addition 10 the following requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated, Any spillover parking which cannot be mitigated to the satisfaction of the Director will serve as the basis for denial, A nsduCUOn may be aUowod, pursuant to either an Administrative variance or requests tJ the Planning Commission, after a. All shared parking strategies are explored. b. On-site park and ride opportunities are fully explored. C. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's oQiin8nce, agrees to become affected, d� The site i6at least 30} feet away from o single- family n8Sid8ntia|zoAa. e. A report i3submitted providing 8 basis for less parking and mitigation necessary h)offset any negative effects C, Pf eCess: 1 An applicant shall submit evidence that decreased parking will not have a negative impact on surrounding properties 0r potential future uses. This may take the form of brief report for administrative variances, Decreases in excess of 1096 must be mad* to the Planning Commission. The Director may require additional studies ioensure that negative impacts are properly mitigated, A complete and detailed Parking Demand study is required for requests reviewed by the Planning Commission, 2, All site rha[GciehSMrs should be described in report, including a, Site accessibility for transit, b. Site proximity to transit, with 15- to 30-minute c Shared use of on-site parking, d. Shared use of off-site parking. e. Combined on-site parking. L Employee density. g. Adjacent land uses. D. Rpmrm: Applications for Administrative Variances for reductions below minimum parking requirements between 1% and 10Y6 shall be processed as Type 2deCiSi0nS. pursuant to TMC 18,108D20. Applications for reductions from DQiDimU0 parking requirements in excess 0f1OY6shall be processed as Type 4 deCiSionS, pursuant to TMC 18.108040. including 3 hearing before the Planning Commission. Produced by the City of Tukwila, City Clerk's Office Land Use: 221 Low/Mild-Rise Apartment used on Vehicles per Dwelling Unit (Suburban) Weekday Hour Beginning Percent 2fpea eriod Number of Data Points* 12-00-4:00 a.m. C- Z 14 5:00 a.m. 14 6:00 a.m. 92 14 7:00 a.m. 74 1 8:00 a.m. 64 1 9 a.m. 0 10:00 &M. 0 11:00 a.m. 0 a e_J 12M P,m. 0 1:00 p' m' 2:00 p.m. 0 0 3:00 p.m. 4:00 p.m. 44 0 1 5:00 p.m. 59 1 6:00 p.m. 69 1 7:00 p.m. 66 9 8:00 p.m, 75 9 9:00 P.M, 77 10 90:00 p. m. 92 14 11:00 P.M. 94 14 Subset of database jil 11 jMTQW=fTF. F iiti4filloicifirt, FAMON Me M17711jer OT We apartment building. 1 Rental and Homeowner Vacancy Rates for the United States: 1960 and 1965 to 2009, U.S. Census Bureau. http://www.census.gov/hhes/www/housing/hvs/qtr309/q309tab1.htmI Institute of Transportation Enghneers 51 Parki ng Generation, 4th Edition Land Use: 221 W/ I\ {k Jt'"_422j_LUjM1W Average Peak Period Parking Demand vs. Dwelling Units On a: Weekday Location: Urb,?_,rj[,i '11'eekday Urban Peak Perioi Parking Demand 0 Actual Data Points Institute of Transportation Engineers zmzz� 54 Parking Generation, 4th Edilion Land Use:221 Low/Mid-Rise Apartment f, Saturday Urban Peak Period Parking Demand CL 100: 11 IL 0 0 100 200 300 x Dwelling Units Actual Data Points Instigate of Transportation Engineers 400 500 Fitted Curve/Average Rate 500 1.0 400 300 V 0 3c 200 CL 100: 11 IL 0 0 100 200 300 x Dwelling Units Actual Data Points Instigate of Transportation Engineers 400 500 Fitted Curve/Average Rate Land Use: 221 Low-Rise Apartment Average Peak Period Parking Demand vs. Dwelling Units On a: Weekday Location Suburban Peak Period Demand 12M-5:00 a.m. 21 311 dwelling units 1.23 vehicles per dwelling unit 0.32 21% 1.10-1.37 vehicles per dwelling unit 0.59-1,94 vehicles per dwelling unit 1.94 vehicles per dwelling unit 0.68 vehicles per dwelling unit Weekday Suburban Peak Period Parking Demand IJIMt i 1,500 Actual Data Points Fitted curve Average Rate Institute of Transportation Engineers 53 R 16,fng Generxron, 4kh Editivi 1,000 x Dwelling Units No As noted, peak parking demand rates were different between sites located in suburban settings and those located in urban settings for the independent variable 1.DOUsq. ft. BFA. The individual site surveys did not enable a quantitative explanation of the factors that caused the difference. One potential explanation may na|ahe 10 differences in the availability of alternative modes (for example, transit, bike and pedestrian) available a1 the urban sites. {]f the studies with data on transit availability and presence ofa transportation demand management (TDM) program, the suburban sites reported about 55 percent with available transit services and 20 percent with TDK4programs. The urban sites reported almost 700 percent with available transit and 63 percent with TDM programs of some form, Weekend parking demand data were available at two study sites. At one site, the Saturday peak demand was less than 10 percent of peak weekday demand at the same site. At the other site, the Saturday and Sunday dernand approached 90 percent of the weekday peak demand for the same site. It was not possible to derive reliable weekend parking demand rates due to lack of information on the nature of work conducted during the weekend m1 the two sites. The following table presents the time-of-day distributions of parking demand variation for suburban and urban sites. The only sites included in the table data were those that submitted at least four consecutive hours of parking demand observations, (Note the rnej/�b/of the park�gdenvamddata /o the omsma8 database con�ahedof one or two hou�yoboen/atiuno) ZM0MM=l 12:00-4:00 a.m. 5:D0m.m. 8:OQe.m. 7:U0 am. 8:00 a.m. SoD0a.m. 1QMe.m. 11Ma/n. 12:00 p.m. 1:00 P.M. 2:8O p.m. 3:00p�m� 4:C0 p.m. 5M p.m. 6:00 p.m. 7:00 p.m. 8:OOp�n� 9:00 P.M. 10.00 P.M, 11:00 pol' Subset of database Weekday Suburban Percent of Peak Period 59 79 9O 77 84 81 72 48 25 InmtituteovTramopomauun -Eingnee, Number of Data Percent ofPeak Number of Data Points~ period Points* O 0 O O i O 1 19 2 10 64 4 12 91 5 12 99 5 11 99 5 12 98 5 7 98 5 7 100 5 0 89 5 8 &0 6 6 58 J 1 U D 0 O O O 0 O 0 O 0 Paming8eneration, 4th Edition Average Peak Period Parking Demand vs. 1,000 sq. ft. GFA On w Weekday Location Urban Statistic Peak Period Number of Study Sites Average Size of Study Sites Average Peak Period Parking Demand Standard Deviation Coefficient of Variation Range 85th Percentile 33rd Percentile Weekday Urban Peak PeriO' Parking Demand i Actual Data Points institute of Transportation Engineers P 2.56x 80 2 0.98 1,000 1 ,500 2,000 x sq. ft. GFA -Z� 210 3 I 2,500 Fitted Curve/Average Rate i' Generation, 4th Edition 6,000 5,000 4,000 (D 3,000 2,000 1 0 0 500 Actual Data Points institute of Transportation Engineers P 2.56x 80 2 0.98 1,000 1 ,500 2,000 x sq. ft. GFA -Z� 210 3 I 2,500 Fitted Curve/Average Rate i' Generation, 4th Edition 90 Average Peak Period Parking Demand vs. 1,000 sq. ft. GFIJ Weekday Location: Suburban Peak Period Demand 2000 9.00 a.m.-4 p.m. 1:800 176 1,600 136,000 sq. ft. GFA 1,400 2.84 vehicles per 1,000 sq. ft. GFA 0.73 1,000 26% 800 2.73-2.94 vehicles per 1,000 sq. ft. GFA 0.86-5.58 vehicles per 1,000 sq. ft. GFA 3.45 vehicles per 1,000 sq. ft. GFA 2.56 vehicles per 1,000 sq, ft. GFA Weekday Suburban Peak Period Parking Demand Actual Data Points Fitted Curve Institute of Transportation Engineers 205 Average Rate Park ng Generator, 4th Edition 2000 1:800 Z— 1,600 1,400 1,200 1,000 800 4 600 00 200 0 0 Actual Data Points Fitted Curve Institute of Transportation Engineers 205 Average Rate Park ng Generator, 4th Edition Land Use: 932 Hig,h-Turnover (Sit-Down) Restaurant MOM MX61M Is if-sr-SM I IMMOMI ME HAPIMMOMW 1100,111 Lei alLeigi1,15!lri I K4-m LIRM2 I wr-OJI210 q1t;JR011119=11g Hour Beginning 12:00-4:00 a.m, 5:00 a.m. 6:00 a.m. 7:00 a.m. 8M a.m. 9:00 a'm' 10:00 a.m. 11:00 a.m. 12:00 p.m. 1:00 P.M. 2:00 p.m. 3:00 p.m. 4:00 p.m. 5:00 P.rn. 6M p.m. 7:00 p.m. 8M P.M. 9:00 P.M. 10:00 P.M. 11:00 P.M. Subset of database MEMOMIM, 12:00-4:00 a.m. 5:00 a.m, 6:00 a.m. 7:00 a.rn. 8:00 axn. 9:00 a.m. 10:00 a.m. 11:00 a.m. 12:00 p.m. 1:00 P.M' 2:00 p.m, 3:00 p.m. 4:00 p.m. 5:00 p.m. 6:00 p.m. 7:00 p.m. [8:00 p.m. 9:00 PLM. 10:00 P M. 11:00 P-M. Subset of database Weekday at a Famfiv Restaurant Percent of Percent of Number of Peak Period Data Points* 4 0 9 1 26 4 44 5 57 8 76 9 85 9 10 63 100 12 11 53 12 42 11 42 12 76 11 83 12 63 10 66 10 63 7 48 5 44 2 Saturday at a Familv Restaurant Percent of Number of Peak Period Data Points* Percent of 0 Peak Period 0 20 4 30 5 51 7 73 9 94 10 100 10 93 11 84 10 63 11 39 10 48 11 55 11 63 11 74 5 55 11 39 9 40 8 53 3 Weekday at a Restaurant with Bar or Lounge Percent of Number of Peak Period Data Points* 0 0 0 0 0 5 7 16 49 1 39 1 27 1 19 1 22 1 60 5 94 5 100 5 81 84 9 0 0 Saturday at a Restaurant with Bar or Lounge Percent of Number of Peak Period Data Points* 0 0 0 0 0 5 7 20 41 53 46 38 63 80 100 70 33 9 0 Institute of Transportation Engineers 3 K; Parking Generation, 4th Edition Land Use. 932 High-Turnover (Sit-Down) Restaurant Average Peak Period Parking Demand vs., 1,000 sq. ft. GFA On a Weekday Use Code Subset: Family Restaurant (No Bar or Lounge) Locati* statistic Peak Period Number of Study Sites Average Size of Study Sites Average Peak Period Parking_Dernand Standard Deviation Coefficient of Variation Range 85th Percentile 33rd Percentile Peak Period Demand 11:00 a.rn.—1 :00 p.m., 6:00-8. p.m. 10 3,200 sq. ft. GFA 5.55 vehicles per 1,000 sq. ft. GFA 2.69 48% 3.13-12.41 vehicles per 1,000 sq. ft. GFA 6.37 vehicles per 1,000 sq. ft. GFA 3.86 vehicles per 1,000 sq. ft. GFA Weekday Urban Peak Period Parking Demand (Family Restaurant) 0 1 2 3 4 x 1,000 sq. ft. GFA Actual Data Points Institute of Transportation Engineers 5 6 r "R(k?n� I Generation 4fli Edition Land Use: 932 High-Turnover (Sit-Down) Restaurant Average Peak Period Parking Demand vs. 1,000 sq. ft. GFA On a: Weekday Land Use Code Subset: Family Restaurant (Noi Bar or Lounge) Location Suburban olmj# 2 Actual Data Points Parking Generation, 4th Edition