HomeMy WebLinkAboutPlanning 2012-03-22- ITEM 4 - OSTERLY PARK TOWNHOMES - STAFF REPORTr I i
Jiln Hui crton, llluvor
.Iack Pace, Director
STAFF REPORT TO THE BOARD OF ARCHITECTURAL REVIEW
DEPARTMENT OF COMMUNITY DEVELOPMENT
Prepared March 12, 2012
HEARING DATE
STAFF CONTACT
NOTIFICATION
FILE NUMBERS
ASSOCIATED FILES
APPLICANT
March 22, 2012
Jaimie Reavis, Assistant Planner
Notice of Application posted on site and mailed to surrounding properties
and agencies with jurisdiction on February 14, 2012.
Notice of Public Hearing published in the Seattle Times, posted on site, and
mailed to surrounding properties and agencies with jurisdiction March 8,
2012.
L08 -079 Preliminary Subdivision
L 12 -005 Design Review Major Modification
E08 -022 SEPA /Environmental Review
C09 -014 Traffic Concurrency Certificate
L08 -076 Design Review
L08 -077 Comprehensive Plan Amendment
L09 -002 Rezone
PRE08 -011 Pre Application Meeting
Mike Overbeck
REQUEST: Request to amend the condition of approval of the original preliminary
approved subdivision and design review to allow phased development of a
31 -unit townhome development. The original decision was issued in
November 2009. At this time the applicant is proposing 8 units as part of
Phase I, the remaining 23 units would be Phase IL The new phased approach
includes a temporary recreation space proposed as part of Phase I that was not
reviewed as part of the original design review.
LOCATION: 14420 34 Ave S (parcel 40040000087)
14422 34 Ave S (parcel 46391100000)
14424 1 'Ave S (parcel 46391110000)
14426 34 Ave S (parcel 40040000083
3421 S 144 St (parcel 40040000088)
3429 S 144 St (parcel 40040000094)
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COMPREHENSIVE
PLAN DESIGNATION/
ZONING DISTRICTS: High Density Residential (HDR)
SEPA COMPLIANCE: The City of Tukwila, as the lead agency for this project, issued a
Determination of Non Significance for this project on October 28, 2009.
PUBLIC COMMENTS No comments were received during the Notice of Application for the Design
Review Major Modification application.
RECOMMENDATIONS: L08 -079 Preliminary Subdivision
Staff recommends approval with conditions of the Preliminary Subdivision
application.
L12 -005 Design Review Major Modification
Staff recommends approval with conditions of the design review major
modification.
ATTACHMENTS: A. Applicant's request
B. Letter from Water District 125
C. Staff Report to the Board of Architectural Review dated November
2 2009 along with the original approved plan sheets: Site Plan
Sheet A 1), Building "B" Elevations /Floorplans Sheet A 3 1),
Landscaping Plans (Sheets L -1 and L -2), Survey (Sheet 3 of 4)
D. New Plan Sheets
a. Site Plan Sheet Al)
b. Landscaping Plans (Sheets L -1 and L -2),
c. Survey (Sheets 1 -3, Existing Conditions Survey)
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Phase 11
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FINDINGS
PROJECT DESCRIPTION
Mr. Mike Overbeck received design review and preliminary subdivision approval in November 2009 for
the Osterly Park Townhomes, a project to develop an approximately 1.7 -acre site with 31 townhouse units
along with the required landscaping, guest parking, utilities, access, recreation areas, and frontage
improvements.
The Osterly Park Townhomes project was the first townhouse project to receive approval following the
March 2008 adoption of Ordinance- 199 by the Tukwila City Council. Ordinance 2199 allows
development of zero lot line and fee simple townhouses. Since obtaining the original Board of
Architectural Review (BAR) approval for the Osterly Park Townhomes project, Mr. Overbeck has applied
for Public Works permit for installation of project infrastructure, a demolition permit to remove the single
family home located at 14426 34 Ave S, and a building permit for constriction of the first townhome
unit (which has since expired).
Criteria for design review and preliminary subdivision approval have not changed since the original
approval for this project was granted by the BAR in November 2009. Please refer to Attachment C for
staff review and recommendations of the original design review and preliminary subdivision applications.
One of the conditions of approval of the preliminary subdivision application was the following:
"All utilities for the project, private access road and sidewalks, and the recreation area located on
the west and north sides of the private access road (including children's play equipment), shall be
completed as part of the Public Works constriction permit."
Due to the cost of constriction of project infrastructure and the applicant's needs for financing the project,
Mr. Overbeck is requesting approval to allow phased constriction of the access road, utilities, and
recreation space along with the first 8 dwelling units in the project. This portion of the project would be
constricted first as Phase I starting in 2012, followed by constriction of the remainder of the development
as part of Phase 11.
One of the phasing criteria is that each phase of the project must be able to stand on its own, one phase
cannot rely on a future phase to meet code requirements. The new proposed phasing involving
constriction of a portion of the infrastructure and a temporary recreation space represents a major
modification to the approved design review if Phase I were to stand on its own. Therefore, Mr.
Overbeck's request involves a major modification to the design of the project for Phase I, an amendment
to the preliminary subdivision approval, and review of the project according to phasing criteria.
VICINITY /SITE DESCRIPTION
Site Descriation
The project site is located on the south side of S 144 Street between Tukwila International Blvd and
Military Rd South. Six existing tax parcels make up the project site (see the Existing Conditions Survey in
Attachment D). Access to the site will be from driveways located off S 144 Street and 34 Ave. S. A
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private road constricted off S. 144 St. will serve the eight units proposed as part of Phase I, this private
road will continue and turn to the west to serve the remaining 23 units proposed as Phase IL The site is
within close proximity to many neighborhood destinations, including grocery stores, schools, and parks.
Existing Develoament
Two of the existing parcels included in the project (parcels 004000 -0088 and 004000 -0094) have a
combined frontage on S 144 Street of approximately 133 feet. These parcels were formerly developed
with single family homes constricted in the 1940s which have been demolished in the past five years.
One of these homes, located on parcel number 0040 000088, was an ongoing City of Tukwila code
enforcement problem, and was demolished in 2009 to resolve King County Health violations.
Two other parcels included in the project site have a combined frontage of approximately 158 feet along
34 t1i Ave S (parcels 0040 000087 and 0040-00008 Of these two parcels, the parcel located on the south
(parcel 0040 000083) has two single family dwelling units that are proposed to be demolished as part of
this project, one of the units was constricted in the 1940s and the other one is a mobile home. The
northernmost parcel along 34 Ave S (parcel 0040 000087), and two parcels to the east (parcels 6391-
100005 and 6391- 110005) are developed with three two -story condominium buildings containing four
dwelling units each which will be demolished as part of the project.
Surroundiniz Land Uses
The Osterly Park Townhouse development site is located within the High Density Residential (HDR)
zoning district, which allows for up to 22 dwelling units per net acre. The HDR zone is intended to
provide a high density, multiple family district which is also compatible with commercial and office
areas.
The project site is adjacent to multifamily development on parcels located directly to the east and to the
south, which are also zoned HDR. The parcel directly to the east is developed as a large apartment
complex (the La Roche apartments). Farther to the east, approaching Tukwila International Blvd, there is
an area of neighborhood retail development including grocery and drug stores, and a variety of other
small shops.
To the south of the site is another large apartment complex (the Park Avenue Apartments). The three
other parcels which border the project site on its south side are developed with smaller apartment
complexes, including one duplex and two 4 -unit complexes.
The three parcels to the west of the entrance to the site off S 144 Street are zoned Medium Density
Residential (MDR), and are developed with one single family home on each parcel. Farther west, across
34 t1i Ave S the area south of S 144 Street is zoned Neighborhood Commercial Center (NCC and is
developed with single family homes and small -scale commercial development. Businesses located in
these homes and commercial developments include a salon, a dentist office, a restaurant, and a small
grocery store.
On the north side of S 144 Street, the area is zoned HDR and is developed with a large apartment
complex (the Samara 1), with a single family home to the west of Samara 1, and the Cascade View
community Park on the east side of the Samara 1. West of 34 Ave S, the north side of S 144 Street is
zoned MDR and contains multi family development.
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ToaoizraQhy
Topography at the site is currently relatively flat. The topography is proposed to remain relatively flat
after proposed development, the northern portion of the site will be all at one grade, and there will be a
gradual slope down from the western side of the site to the eastern area of the site.
Vegetation
Vegetation on the project site currently consists of shrubs, blackberries, and several mature trees. Existing
trees on the site include Hemlock, Cedar, and Fir trees on the north portion of the site, and Cherry, Maple,
Fir, Ash, and Locust trees on the southern portion of the site. Most of the existing trees are located in
areas where the access drive, townhouse buildings, or utility lines are proposed. There is an opportunity to
retain one Cedar and one Hemlock located at the northwestern corner of the site, and an Ash clump
located in the southeastern corner of the site. These trees shall be retained unless there is a conflict with
the location of proposed utilities or fences.
Access
There will be two access points to the development from public streets. These include 34 Ave S and S
144 Street. Proposed access to Phase I is from the driveway off S 144 Street, the driveway off 34 Ave
S will be added as part of Phase 11 to complete an L- shaped through- street within the development
REVIEW PROCESS
The Osterly Park Townhomes project will subdivide six existing parcels into 31 unit lots, with an access
and utility tract and recreation tracts. Any land being divided into ten or more unit lots shall receive
preliminary plat approval by the Tukwila Planning Commission as a Type 4 decision according to the
provisions of 18.108.040.
Townhouse development in Tukwila is restricted to the Medium Density Residential (MDR) and High
Density Residential (HDR) zoning districts. According to 18.14.060, design review by the Board of
Architectural Review is required for all multi- family structures over 1,500 square feet in size. Design
review criteria for townhouse development are contained in the Townhouse Design Manual, which is
available online at htti):// www. ci. tukwila.wa.us /dcd /dcdi)lan.html.
Once a townhouse project receives preliminary subdivision and design review approval by the Planning
Commission/Board of Architectural Review, the applicant must apply for a Public Works permit for
construction of project infrastructure. Prior to receiving final approval, the developer of townhouse units
may also apply for building permits to construct dwelling foundations. The project must receive final
approval from the Tukwila City Council prior to construction of the dwelling units beyond the
foundations.
REPORT ORGANIZATION
This staff report has been divided into two sections. The first section covers the Design Review Major
Modification, the second covers the amendment to the Subdivision Preliminary Plat including a review of
the phasing criteria of 17.14.040. Staff s conclusions and recommendations follow each section.
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SECTION ONE DESIGN REVIEW MAJOR MODIFICATION
DECISION CRITERIA DESIGN REVIEW
The Osterly Park Townhomes project is subject to design review under 18.14.060 requiring all
multi- family strictures to receive design review approval. Per TMC 18.60.050 (C), townhouse
development is subject to the design criteria contained in the Townhouse Design Manual. The
project is proposed to be constricted as originally approved, with development broken up into two
separate phases. Phasing criteria of TMC 17.14.040 require that a project be reviewed to ensure
that each phase meets all pertinent development standards on its own in case subsequent phases
are not able to be constricted.
The following is a discussion of the changes to the design of the project proposed during Phase I,
in relation to applicable architectural review criteria. The applicable architectural review criteria
for townhouse development are contained in Tukwila's Townhouse Design Manual, available
online at htti):// www. tukwilawa /dcd /dcdi)lan.html.
L SITE PLANNING
C'ircukition (Petlestrian and Vehicular)
Both phases include a comprehensive system of sidewalks which link the recreation areas and the
entrances to all buildings within the project to the 5 -foot wide sidewalks on both sides of the
private access road. Sidewalks along the private access road connect to the 6 -foot wide sidewalks
along S 144 Street. A 5 -foot wide sidewalk segment has been added to the southern part of the
site for Phase I, to connect sidewalks on the east and west sides of the private access road to the
Phase I recreation space located at the southwestern corner of Phase L If Phase II does not occur,
10 feet of Type I rear yard perimeter landscaping is required along the south property line. Staff
recommends as a condition of approval of this application that plans be revised as part of the
Public Works permit to add rear yard landscaping on the south side of the new Phase I sidewalk
shown along the south property line per landscaping requirements in the HDR zoning district.
There are two access points to the site for vehicles for the completed project, one from S 144
Street and another from 34 Ave S. These two driveways allow through- movement from 34 Ave
S to S 144 Street. If Phase 11 does not occur, the only vehicle access to the project site will be
from S. 144 Street. The shared garage access areas provide room for vehicle maneuvering into
and out of the private road. The resulting cul -de -sac, if Phase I were to stand on its own without
constriction of Phase II, would be low volume to allow multiple use for street oriented
social /recreation areas, consistent with circulation guidelines in the Townhouse Design Manual.
Parking
Tukwila parking requirements contained in TMC 18.56.065 require two off street parking spaces
for each dwelling unit which contains up to three bedrooms. Parking for residents of the Osterly
Park Townhomes project will be within the attached two -car garage for each unit. These garages
are accessed from shared garage access areas located off the private access road to minimize
conflicts between autos and pedestrians and to better screen garage areas from view.
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The continuation of the private access drive as part of Phase II includes twelve on- street guest
parking spaces on the south side of the site. The design of Phase I does not currently include guest
parking. Shared garage access areas provide enough space for maneuvering into and out of the
garages for each townhome unit, but there is no additional space in these areas for guest parking
and the Codes, Covenants, and Restrictions for the development prohibit any parking in these
areas to maintain garage access for residents. The width of the private access drive for Phase I is
?0 feet, which is not wide enough to allow on- street parking while at the same time maintaining
enough width for emergency vehicle access. Additionally, on- street parking is not permitted on S.
144 Street in the vicinity of the Osterly Park Townhomes project.
Staff recommends a condition of approval be added to require the addition of a minimum of two
guest parking spaces, to be located at the south end of Phase 1. Staff recommends the design of
these spaces be reviewed as part of the Public Works constriction permit for Phase 1. These spaces
will then be removed and the private access drive extended to provide the guest parking spaces
originally designed for the project at such time as Phase 11 is constricted.
C'Ninte PNevention
The design of this project incorporates several elements to reduce opportunities for crime. If Phase
II were not to be constricted, the decorative fence along both S 144 Street would still be
constricted as originally proposed, located approximately 5 feet back from the public sidewalk
along S 144 Street. This fence provides both a symbolic and a physical barrier between the
project site and the public street from which access is provided to the development. The fence is
open, allowing surveillance of the street from street facing units. Additionally, a low wooden
fence will be used to separate the public realm from the private front yard areas of the units facing
S 144 St. A 6 -foot high perimeter wood fence is proposed along the side property lines of the
entire development. If Phase II is not constricted, staff recommends a condition of approval to
require a wood fence be constricted around the sides and rear perimeter of property included as
part of Phase I to separate the site from adjacent properties. Similar to a fence around the back
yard area of a single family home, this will help residents maintain surveillance of and limit access
to private common areas of the site, including the recreation space and guest parking area.
The recreation area proposed for Phase I is designed to be temporary until Phase II proceeds and
the recreation spaces originally approved can be constricted. However, there will be a need for
lighting for safety and surveillance of the recreation area, guest parking area, and mailbox cluster
of Phase I until such time as Phase 11 is constricted. Staff recommends a condition of approval to
require that lighting be added to the Phase I recreation space, guest parking area, and cluster
mailbox location to support enhanced safety and surveillance of these areas. Staff recommends
this change to the lighting design be made as part of the Public Works constriction permit for
Phase I, and reviewed administratively according to lighting level requirements contained in TMC
section 18.52.065, the Tukwila Infrastructure Design and Constriction Standards, and
recommendations from the Tukwila Police Department.
IL BUILDING DESIGN
There are no changes proposed to the building design. However, if Phase II does not occur, the
only building type included with this project will be building type B (see elevations in Attachment
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C). The use of different color schemes for each of the four buildings as originally proposed will
help provide visual variety to Phase I.
III. LANDSCAPE /SITE TREATMENT
Landscape Design and Design for Screening and Separation
The current design for Phase I does not include perimeter landscaping at the rear property line
where the private access road will continue to the south and west as part of Phase 11. Rear yard
landscaping must be added to Phase I to meet one of the phasing criteria of TMC 17.14.040,
which requires that any one phase cannot rely on future phases for meeting any City codes. Staff
recommends, as a condition of approval, that the applicant be allowed to submit a revised
landscape plan as part of the Public Works constriction permit in conformance with this
requirement. This may require an adjustment to the subdivision survey for Phase I, the review of
which can be done as part of the application for Final Subdivision Approval.
Outdoor Space Design
The temporary outdoor recreation space proposed for Phase I is 1,622 square feet, which exceeds
the minimum amount of common open space required per 18.52.060 for 8 dwelling units. This
temporary Phase I recreation space is slightly larger than the approximately 1,400 square foot
recreation space on the south side of the private access drive that is part of Phase II, and the design
is similar with its inclusion of lawn area and picnic tables. Townhome developments with 10 or
more units must provide an on -site recreation space for children with at least one area designed for
children aged 5 -12, per TMC 18.52.060. Therefore, the requirement to constrict a play area
designed for children is not applicable until Phase II of the project.
IV. MISCELLANEOUS STRUCTURES /STREETFURNITURE
Lighting
Mr. Overbeck submitted a lighting plan reviewed as part of the original design review application
which showed lighting levels that would be very bright, and submitted a revised lighting plan as
part of a Public Works permit. The lighting levels shown on the revised lighting plan were more
appropriate for a residential development than the original lighting levels proposed. As a condition
of approval of the current Major Modification application, the lighting plan submitted with the
Public Works permit shall be revised to provide lighting, using the same fixtures approved in the
original design review, to the Phase I recreation space, guest parking area, and cluster mailbox
location to support enhanced safety and surveillance of these areas. Staff recommends this change
to the lighting design be made as part of the Public Works constriction permit for Phase I, and
reviewed administratively according to lighting level requirements contained in TMC section
18.52.065, the Tukwila Infrastructure Desi and Constriction Standards, and recommendations
from the Tukwila Police Department.
Seri Areas
The location and type of mailboxes to serve the units in this project has been reviewed by the
postmaster. The location of the cluster mailbox stricture for the development approved by the
postmaster and the original design review will be located on the south side of the private access
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drive, adjacent to 34 Ave S. A new location for a mailbox cluster for Phase I will need to be
identified by the postmaster. Staff recommends a condition of approval to allow the location of the
mailbox cluster to be determined by the postmaster, and coordinated with the site design as part of
the Public Works infrastructure permit. Additionally, the mailbox stricture for Phase I shall be the
same as the design approved in the original design review.
,Street Furniture
The Phase I recreation space includes two picnic tables. The original design review required that
the picnic table in the recreation area located on the south side of the private access drive be
consistent with the architectural design of the project. Similarly, as a condition of approval of this
Major Modification application, staff recommends that the picnic tables proposed for the Phase I
recreation area be consistent in design, materials and colors as the architectural design of the
Osterly Park Townhouse development.
CONCLUSIONS DESIGN REVIEW
1. Site Planning
Pedestrian and vehicle circulation are accommodated in the design of Phase I of the Osterly Park
Townhomes project. The location of the new sidewalk segment along the south property line does
not leave enough room for required 10 -foot wide, Type 1 rear yard landscaping. Staff recommends
as a condition of approval of this Major Modification application that plans be revised as part of
the Public Works permit to add rear yard landscaping on the south side of the new Phase I
sidewalk per landscaping requirements in the HDR zoning district.
The existing Phase I design does not include guest parking spaces, guest parking for the project is
included in Phase IL There is no room for parking outside of the garages for each unit, the narrow
width of the private access drive for Phase I of the Osterly Park Townhomes must remain clear of
parked cars to maintain emergency access, and there is no on- street parking allowed on S. 144
Street. Staff recommends a condition of approval be added to require the addition of a minimum
of two guest parking spaces, to be located at the south end of Phase L Staff recommends the
design of these spaces be reviewed as part of the Public Works constriction permit for Phase I.
These spaces will then be removed and the private access drive extended to provide the guest
parking spaces originally designed for the project at such time as Phase II is constricted.
The project will include a hierarchy of different types of barriers, including landscaping and
fences, to separate public areas from private areas. A 6 -foot high perimeter wood fence is
proposed along the side property lines of the development for the entire project. If Phase II is not
constricted, staff recommends a condition of approval to require that a wood perimeter fence be
constricted around the sides and rear of Phase I.
The recreation space, recommended guest parking area, and mailbox cluster location for Phase I
were not included in the original design review approval. Until such time as Phase II is
constricted, these areas will require lighting for safety and surveillance. Staff recommends a
condition of approval of the current Major Modification application to require that lighting be
added to the Phase I recreation space, guest parking area, and cluster mailbox location to support
enhanced safety and surveillance of these areas. Staff recommends this change to the lighting
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design be made as part of the Public Works constriction permit for Phase I, and reviewed
administratively according to lighting level requirements contained in TMC section 18.52.065, the
Tukwila Infrastructure Design and Constriction Standards, and recommendations from the
Tukwila Police Department.
2. Building Design
There are no changes proposed to the building design. However, if Phase II does not occur, the
only building type included with this project will be building type B. The use of different color
schemes for each of the four buildings as originally proposed will help provide visual variety to
Phase I.
3. Landscape and Site Treatment
The landscape design for Phase I is the same as originally approved in the design review
application. However, rear yard landscaping must be added to Phase I to meet one of the phasing
criteria of TMC 17.14.040, which requires that any one phase cannot rely on future phases for
meeting any City codes. Staff recommends, as a condition of approval, that the applicant be
allowed to submit a revised landscape plan as part of the Public Works constriction permit in
conformance with this requirement. This may require an adjustment to the subdivision survey for
Phase I which can be made as part of the application for Final Subdivision Approval.
4. Miscellaneous Structures and Street Furniture
Lighting for Phase I will be the same as originally approved, with the exception of Phase I
recreation area, guest parking area, and mailbox cluster location, areas which were not reviewed as
part of the original application and for which lighting has not been included in the current
application. Staff recommends as a condition of approval light fixtures used shall be consistent
with those approved as part of the original design review.
The mailbox cluster location for the Osterly Park Townhomes project was approved by the
postmaster. Because the approved location is within Phase 11, the postmaster must identify a
location for Phase I which can be used until such time as Phase 11 is constricted. Staff
recommends a condition of approval to allow the location of the mailbox be coordinated with the
postmaster and the site design as part of the Public Works infrastructure permit. Additionally, staff
recommends the mailbox stricture for Phase I shall be the same as the design approved in the
original design review.
The Phase I recreation space includes two picnic tables. The original design review required that
the picnic table in the recreation area located on the south side of the private access drive be
consistent with the architectural design of the project. Similarly, as a condition of approval of this
Major Modification application, staff recommends that the picnic tables proposed for the Phase I
recreation area be consistent in design, materials and colors as the architectural design of the
Osterly Park Townhouse development.
RECOMMENDATIONS DESIGN REVIEW
Staff recommends approval of the major modification to the design of the Osterly Park
Townhome project, subject to the following conditions which apply to Phase L The original
conditions of the design review approval are listed in the section following the new conditions,
with the project phase to which each condition applies indicated in parentheses.
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NEW APPROVAL CONDITIONS
1. Plans shall be revised as part of the Public Works permit to add rear yard landscaping on the
south side of the new Phase I sidewalk shown along the south property line per landscaping
requirements in the HDR zoning district and in conformance with the phasing criteria of
17.14.040.
2. A minimum of two guest parking spaces shall be added to Phase I, to be located at the south
side of the site, to be removed at such time as the private access drive is extended as part of
Phase IL Staff recommends the design of these spaces be reviewed as part of the Public Works
constriction permit for Phase I.
3. If Phase II is not constructed, a perimeter fence constructed of wood shall be constructed
around the sides and rear of Phase I property.
4. Lighting shall be added t o the Phase I recreation space, guest parking area, and cluster
mailbox location to support enhanced safety and surveillance of these areas. This change to
the lighting design be made as part of the Public Works constriction permit for Phase I, and
reviewed administratively according to lighting level requirements contained in TMC section
18.52.065, the Tukwila Infrastructure Design and Constriction Standards, and
recommendations from the Tukwila Police Department. The light fixtures shall be consistent
with those approved as part of the original design review.
5. A mailbox cluster location shall be determined by the postmaster, and shall be coordinated
with the site design as part of the Public Works infrastructure permit. The mailbox stricture
for Phase I shall be the same as the design approved in the original design review.
6. The picnic tables proposed for the Phase I recreation area shall be consistent in design,
materials and colors as the architectural design of the Osterly Park Townhouse development.
ORIGINAL APPROVAL CONDITIONS
1. Existing trees, including an 8" diameter Cedar and a 7" diameter Hemlock located on the north
portion of the site (on tax lot 004000 0088), and an Ash clump located in the southeastern
corner of the site (on tax lot 004000 -0094) shall be retained unless there is conflict with
location of proposed utilities. (Phase I)
2. A revised lighting plan shall be submitted as part of the Public Works constriction permit
showing lighting levels to meet City requirements. (Phase I, Phase 11)
3. The material used in areas shown as having patterned pavement shall be submitted as part of
the Public Works construction permit, and reviewed administratively by the Community
Development Director. (Phase II)
4. A sign permit shall be obtained for any signs at the entrance to the project, and shall be
reviewed for compliance with the Tukwila Sign Code and for consistency with the
architectural style of the development. (Phase I, Phase II)
5. Screen individual meters, electrical boxes and similar equipment necessary for project
infrastructure. This screening shall be reviewed and approved administratively as part of the
review of the Public Works constriction permit. (Phase I, Phase II)
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SECTION TWO SUBDIVISION PRELIMINARY PLAT APPLICATION
REVIEW PROCESS SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT APPROVAL
There are three basic steps in the subdivision approval process:
1. Preliminary Approval
Any land being divided into ten or more unit lots shall receive preliminary plat approval by the
Tukwila Planning Commission as a Type 4 decision according to the provisions of 18.108.040.
Criteria for Preliminary Plat Approval are contained in section 17.14.020(D). The application was
reviewed by the Tukwila Short Subdivision Committee, and staff's response to each of the criteria for
preliminary plat approval and recommended conditions of approval are included below.
Once a townhouse project receives preliminary subdivision and design review approval by the
Planning Commission /Board of Architectural Review, the applicant must apply for a Public
Works permit for construction of project infrastructure. Prior to receiving final approval, the
developer of townhouse units may also apply for building permits to constrict dwelling
foundations. The project must receive final approval from the Tukwila City Council prior to
construction beyond dwelling foundations.
2. Final Approval
After constriction of project infrastructure and compliance with conditions of preliminary
approval, the applicant must apply to receive final approval for the subdivision plat. The final
approval decision on a subdivision plat is made by the Tukwila City Council. Before the final plat
is submitted to the City Council, it shall be signed by the Tukwila Finance Director, Director of
Public Works, and the Director of the Department of Community Development. If the applicant plans
to build homes on Phase I, the eight lot plat shall require final plat approval by Tukwila City Council
before the lots can be sold. If Phase 11 is constructed within five years of preliminary approval then a
separate final plat approval by Tukwila City Council shall be required after the infrastructure for
Phase 11 is constricted. However if Phase 11 is not constricted before the expiration of preliminary
approval, a new preliminary approval by the Planning Commission shall be required.
3. Recording
Upon approval by the City Council, the subdivision plat shall be sided by the Mayor and attested by
the City Clerk. It is the applicant's responsibility to record the City approved final subdivision plat
documents with the King County Department of Records. The applicant will need to pay the
recording fees and submit the approved original final subdivision plat to King County. The final
subdivision plat is not complete until the recording occurs and copies of the recorded documents are
provided to the Department of Community Development. The approved final subdivision plat must
be filed with the King County Department of Records five years from the date of this preliminary
approval or the application will expire. The Planning Commission may grant a single one year
extension.
DECISION CRITERIA SUBDIVISION PRELIMINARY PLAT APPROVAL- PHASING
The discussion of project consistency with criteria for preliminary plat approval is contained in the staff
report for the original Preliminary Subdivision application (see Attachment C). No changes are proposed
to the original subdivision. Phased development of the Osterly Park Townhomes project is proposed,
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which must meet the Phasing criteria contained in TMC section 17.14.040. The criteria are listed below in
italics, followed by staff discussion of the criteria as they relate to the Osterly Park Townhomes project.
Original conditions of approval of the Subdivision Preliminary Plat will be combined with any additional
conditions of approval added by the Board of Architectural Review in a new Notice of Decision issued for
this project.
17.14.040 Phasing
The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be
submitted for City Council review at the time at which a final plat for the first phase is submitted.
Approval of the phasing plan shall be based upon making the following findings:
1. The phasing plait hichides all Imi d col ?talliecd irithiii the al)l)i ol 1' plat, hichicling
areas 11'J?e1'e Offslte inipr'ol are being Inacle.
Proposed project phasing consists of two phases which include all land contained within the
preliminary plat, as well as frontage improvements along 34 Ave S. Sheet 3 of 3 of the Phase
I subdivision survey shows how the entire tax parcel 004000 -0088 and a portion of tax parcel
004000 -0094 will be subdivided into 8 unit lots, Tract A (for ingress, egress and utilities), and
Tract D (recreation space for Phase I). Sheet 2 of 3 of the Phase I subdivision survey shows
how the remaining area of tax parcel 004000 -0094 shown as Lot 100 on Survey Sheet 2 of 3
in Attachment D), will become a new lot until such time as it is subdivided as part of Phase II.
Phase II includes the remaining area of tax parcel 004000 -0094 along with tax parcels 004000-
0083, 639111 -0000, 639110 -0000, and 004000 -0087.
In case Phase II does not occur, staff recommends a condition of approval to require legal
access to the remaining area of tax parcel 004000 -0094 be provided through an easement, or
alternatively, by combining the remaining area of tax parcel 004000 -0094 with tax parcel
004000 -0083. Staff recommends review of legal access to the remaining area of tax parcel
004000 -0094 be included in the review of the Public Works permit for Phase I.
2. The sequence aml timing c?f cleivlopnerlt is iclerltifiecl oii a naap.
The sequence of project development is shown on the phasing plan see Site Plan Sheet A 1 in
Attachment D). Phase I is planned to be constricted following BAR approval and approval of
the Public Works infrastructure permit. Phase II is planned for constriction following final
subdivision approval of Phase I and once constriction of the townhomes in Phase I has started.
The final plat for both phases shall be recorded within 5 years of the date of preliminary
subdivision approval, per RCW 58.17.140, unless an extension is requested by the applicant
and granted by the City of Tukwila.
3. Each phase shall consist of a ('olltigllolls gl•olg) c?f lots that meets all per•tirlerlt cleivlopmerlt
stamlar•cly on its oirii. The phase caitrlot rely on filtur•e phases fol• ineeting al11 0t1' codes.
Phase I meets all pertinent development standards on its own, with the exception of meeting
the required rear yard landscaping requirements. Ten feet of Type 1 landscaping is required
along the southern property line of Phase I until such time as Phase 11 is constricted. Staff
recommends a new condition of approval of the preliminary subdivision to require that plans
for Phase I be revised as part of the Public Works permit to provide space for 10 feet of Type I
rear yard landscaping on the south side of the new Phase I sidewalk located along the south
property line.
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4. Each phase proVideN aclequate circitlatioii aml utilities. PiibliC Works haN cleter inhiecl that all
street aml other public ini1)ro1 hichicling but riot linzitecl to drainage aml erosion
colitrot nnpro1 are assilrecl Dc ferinew of i1npro1 final' be alloired prn'suai ?t to
El1C Chapter 17.24.
The design of Phase I will provide adequate circulation for both automobiles and pedestrians.
Each townhouse unit contains an attached 2 -car garage. There is no space designed as part of
Phase I to include guest parking; all guest parking is included as part of Phase IL There is no
parking allowed in the shared garage access area to maintain garage access for residents, and
there is no on- street parking allowed on the 20 -foot wide private street serving Phase I of
Osterly Park Townhomes or the public right -of -way of S. 144 Street. In order to maintain
adequate vehicle circulation and emergency vehicle access, staff recommends a condition of
approval to require a minimum of two guest parking spaces be added to Phase L These spaces
can be added to the south side of the site, and shall be removed at such time as the private
access drive is extended as part of Phase IL The addition of the guest parking spaces and the
rear yard landscaping may require revisions to the lot or tract layout as shown in the
preliminary subdivision survey. Staff recommends the design of these spaces and any
necessary changes to the survey be reviewed as part of the Public Works constriction permit
for Phase I.
Plans have been reviewed by the Public Works, Fire, Building, and Planning departments to
ensure adequate utilities are included to serve the development proposed as part of Phase I.
Sewer, water, and storm drainage infrastructure is adequate to serve Phase I, and is designed so
that it can be extended into Phase II of the project. An original condition of approval of the
preliminary subdivision was: `Buildings will be required to meet fire flow requirements per
the International Fire Code." The previous subdivision approval required that the water line be
looped from the main located off 34 Ave S. Per the applicant, installation of the looped water
line as part of Phase I will be prohibitively expensive. The Fire and Public Works Departments
requested the applicant obtain a written statement from Water District 125 to ensure that the
design of the water line proposed for Phase I will meet adequate fire flow requirements for the
sprinklered townhome units. Attachment B is a letter from Mark Parsons of Water District
125, which states there is adequate fire flow for the first 8 units without a looped water line;
Phase II of the project will require the water line to be looped, consistent with the originally
approved utility design.
5. All phases shall be recorded irithiii the fire -near life of the preliinhiar plat, wiles all
exterisiori iN granted.
Constriction of Phase I is expected to commence in Spring /Summer of 2012. All phases shall
be recorded within five years unless the applicant applies and receives approval for an
extension.
CONCLUSIONS PHASING PLAN
1. The phasing plan includes all land for the entire development project to constrict 31 townhomes,
with associated recreation space, access, utilities, landscaping, and frontage improvements along
34 Ave S. In case Phase II does not occur, staff recommends a condition of approval to require
legal access to the remaining area of tax parcel 004000 -0094 be provided through an easement, or
alternatively, by combining the remaining area of tax parcel 004000 -0094 with tax parcel 004000-
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0083. Staff recommends review of legal access to the remaining area of tax parcel 004000 -0094 be
included in the review of the Public Works permit for Phase I.
The sequence of the development project is included on the Site Plan, Sheet Al (Attachment D).
Constriction of Phase I is expected to start in Spring /Summer of 2012. All phases shall receive
final subdivision approval within 5 years unless an extension is granted. Constriction of the
individual townhouse units shall meet the time requirements of each stricture's building permit.
3. Both Phase I and Phase II meet pertinent development standards on their own, with the exception
of rear yard landscaping requirements along the southern boundary of Phase L Staff recommends a
new condition of approval of the preliminary subdivision to require that plans for Phase I be
revised as part of the Public Works permit to provide space for 10 feet of Type I rear yard
landscaping on the south side of the new Phase I sidewalk located along the south property line.
4. Each phase of the project will include adequate utilities. Phase I does not include any guest
parking spaces. There is no parking allowed in the shared garage access areas to maintain garage
access for residents, there is no on- street parking allowed on the 20 -foot wide private street
serving Phase I of Osterly Park Townhomes, and there is no on- street parking on S. 144 Street. In
order to maintain adequate vehicle circulation and emergency vehicle access, staff recommends a
condition of approval to require a minimum of two guest parking spaces be added to Phase I.
These spaces can be added to the south side of the site, and shall be removed at such time as the
private access drive is extended as part of Phase 11. The addition of the guest parking spaces and
the rear yard landscaping may require revisions to the lot or tract layout as shown in the
preliminary subdivision survey. Staff recommends the design of the design of these spaces and
any necessary changes to the survey be reviewed as part of the Public Works constriction permit
for Phase I.
RECOMMENDATION SUBDIVISION PRELIMINARY PLAT APPROVAL
Staff recommends approval of an amendment to the Subdivision Preliminary Approval to include the
following new conditions of preliminary subdivision approval. The new list of conditions is immediately
below, followed by the original list of conditions of the preliminary subdivision approval. A note in
parentheses after each condition indicates whether the condition applies to Phase I, Phase 11, or both phases
of the project.
NEW PRELIMINARY APPROVAL CONDITIONS
1. Legal access to the remaining area of tax parcel 004000 -0094 shall be provided through an
easement, or alternatively, by combining the remaining area of tax parcel 004000 -0094 with tax
parcel 004000 -0083. This shall be included as part of the review of the Public Works permit for
Phase I.
2. Plans for Phase I shall be revised as part of the Public Works permit to provide space for 10 feet of
Type I rear yard landscaping on the south side of the new Phase I sidewalk located along the south
property line. (Phase I)
3. A minimum of two guest parking spaces shall be added to Phase L These spaces can be added to
the south side of the site, and shall be removed at such time as the private access drive is extended
as part of Phase 11. The addition of the guest parking spaces and the rear yard landscaping may
require revisions to the lot or tract layout as shown in the preliminary subdivision survey. Staff
recommends the design of these spaces and any necessary changes to the survey be reviewed as
part of the Public Works constriction permit for Phase L (Phase I)
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ORIGINAL PRELIMINARY APPROVAL CONDITIONS
The following shall be atItI °essed as part of the Public Works Conshwetion Permit:
1. The applicant shall submit a revised lighting plan to meet recommendations of the Tukwila Police
Department, the lighting requirements in TMC section 18.52.065 and the Tukwila Infrastructure
Design and Constriction Standards. (Phase I, Phase II)
2. All utilities for the project, private access road and sidewalks, and the recreation area located on
the west and north sides of the private access road (including children's play equipment), shall be
completed as part of the Public Works construction permit. (Phase I utilities, private access road
and sidewalks, and recreation area shall be constricted for the first 8 units per plans submitted
with the Major Modification application, which shall be revised as part of the Public Works permit
for Phase I to accommodate the new conditions of approval added with this Design Review Major
Modification and Preliminary Subdivision amendment. Phase II shall include utilities, private
access road and sidewalks, and recreation areas as originally approved in November 2009).
3. The applicant shall obtain an NPDES constriction permit for this project. (Phase I)
4. A street light mast arm shall be added to the existing wooden pole. (Phase II)
5. Overhead utilities along 34 Ave S shall be moved underground, unless the applicant applies for
and obtains a waiver from this requirement from the Public Works Director. The applicant shall
submit an estimate for work to underground these utilities with the waiver request. (Phase II)
6. Storm drainage for roof drains, foundation drains, and paved areas shall be infiltrated and /or
dispersed on -site, or detention provided. Civil site plans shall be reviewed as part of the PW
infrastructure permit. Contact the Tukwila Public Works Department for submittal and design
requirements. (Phase I, Phase II)
7. Access road, utilities, undergrounding of power, and extension of sewer and water lines to the unit
lots shall be approved by the appropriate departments and /or utility and conform to the Civil Plans
dated August 4, 2009. As -built plans shall be provided to the Public Works Department prior to final
approval. (Phase 11, new civil plans dated February 6, 2012 and revised to accommodate new
conditions of approval shall be used for Phase I)
8. Install all required site improvements, including those proposed in the application and those
identified above as conditions of approval. You will need to obtain all required permits prior to
beginning any constriction. For water and sewer permits, contact the individual provider District.
For City of Tukwila utilities, contact Tukwila Public Works at (206) 433 -0179 for a Public Works
(PW) type `C' permit for approval. A Street Use will be part of this permit and require bonding,
insurance, and a Hold Harmless Agreement for work within the Public Right -of -Way. (Phase I,
Phase II)
9. Minimum clear access road width is 20 feet. Fire lane marking /stenciling will be required as
necessary to ensure width is maintained. (Phase I Phase II)
10. Submit a current water availability letter from Water District 125. (Phase I, Phase II)
The following shall be atItI °essed as part of the Demolition Perniit(s):
1. Existing strictures shall be demolished prior to final approval, unless a bond for demolition of the
strictures is submitted to and approved by the Director of the Department of Community
Development. (Phase II)
2. The applicant shall apply to the Puget Sound Clean Air Agency for PSAPCA permits for
demolition of existing strictures. (Phase II)
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3. Per Dana Dick of Valley View Sewer District, capping permits will be required with demolition of
any of the existing buildings, and a developer extension will likely be required as part of the
process to provide sewers to the development. (Phase 11)
The following shall be addressed prior to final approval of the subdivision plat:
1. Survey and "Declaration of Covenants, Conditions, Restrictions, Easements and Agreements for
Osterly Park Townhomes" shall be modified to reference BAR approval, and to include joint
maintenance agreements for access road, utilities, and landscaping areas. Also, the legal descriptions
under Exhibit A of the codes, covenants, and restrictions shall be added to the document, and
reviewed administratively. Easements and the codes, covenants, and restrictions shall be recorded
prior to final subdivision approval. (Phase I, Phase 11)
2. Separate easement documents and maintenance agreements for any common infrastructure (utility
lines, access roads /driveways) shall be submitted for review and approval by the Public Works
Director. (Phase I, Phase II)
3. Submit a set of recording documents in either legal or record of survey format that meet the King
County Recorder's requirements and contain the following items:
a) A survey map as described in the application checklist that is consistent with all of the conditions of
approval. The surveyor's oritzinal signature must be on the face of the plat.
b) Separate easement document with legal descriptions for any common access /utility infrastructure.
c) Separate joint Maintenance Agreements for the access road, drainage system, and landscaping areas.
d) Add Tukwila land use file number L08 -079 for the subdivision application to all sheets of the
survey.
e) Include Existing Conditions Survey as Sheet 5 of 5 of the survey sheets.
f) Add a vicinity map to the survey.
g) Add "After" legal description to the survey sheets for the boundaries of the new subdivision. Also
add legal descriptions for each of the tracts.
h) The fact that the unit lot is not a separate buildable lot, and that additional development of the
individual unit lots may be limited as a result of the application of development standards to the
parent lot, shall be noted on the plat.
(Phase I, Phase 11)
The following shall be addressed as part of the Building Permits:
1. Transportation, Parks, and Fire impact fees will apply to the future Building Permit(s). (Phase I, Phase
II)
2. Buildings will be required to meet fire flow requirements per the International Fire Code. (Phase I,
Phase II)
3. Adequate ground ladder access area of 15 feet minimum depth to be provided for 2nd and 3rd story
bedroom rescue windows. (Phase I, Phase II)
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