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HomeMy WebLinkAbout2012-03-26 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers March 26, 2012 7:00 P.M. MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Seal called the Tukwila City Council meeting to order at 7:01 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Verna Seal, Council President, Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Kathy Hougardy, De'Sean Quinn, Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Bruce Linton, Assistant Police Chief; Rick Still, Parks and Recreation Director; Nora Gierloff, Community Development Deputy Director; Brandon Miles, Senior Planner; Peggy McCarthy, Interim Finance Director; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS There were no citizen comments. PUBLIC HEARING An ordinance adopting the Development Agreement between the City of Tukwila and Riverton Development for property at 12909 East Marginal Way South. Brandon Miles, Senior Planner, indicated the Council received a project briefing on March 14, 2011. Following that meeting, staff and the developer worked to resolve the Council's concerns regarding street parking. The item before the Council this evening is a legislative item, and the Council has several options. The Council can forward the item to the next Regular Meeting, refer the item back to the Community Affairs and Parks Committee for additional review, or consider the item at a future Committee of the Whole meeting. The proposed development is the third application the City has received for the Riverton Area. The development as proposed fits within the definition of a Neighborhood Commercial Center (NCC) as identified within the City's Comprehensive Plan. "Neighborhood Commercial Centers generally focused around key intersections in transportation corridors that serve multiple neighborhoods, and provide a "people place" as well as a commercial focus for businesses along the corridor. A key characteristic of Neighborhood Commercial Center is its pedestrian street front windows, attractive landscaping, screening, and sidewalks." Mr. Miles utilized a PowerPoint presentation to review the proposed project. Some of the key highlights included: Proposed Riverton Development: Leadership in Energy Environmental Design (LEED) certified mixed use, three -story building. 23 apartment units, mix of market rate one and two bedrooms. Two commercial tenants, one space a cafe and the other either office or retail No financial involvement by the City. Authorizing the project through a Development Agreement allows a modification to some development standards. Streamlines the permit review for the property owner, while still allowing community input. Tukwila City Council Committee of the Whole Minutes March 26, 2012 Page 2 of 8 Proposed Development Parkina Tukwila Municipal Code requires 60 stalls for the development as currently proposed. Applicant is proposing a development that includes 39 on -site parking stalls and 12 parking stalls along East Marginal Way. 50 percent of the onsite parking stalls are permitted to be compact. Parking analysis provided by applicant provides a high peak demand of 45 stalls and a low of 34 stalls. The Development Agreement prohibits certain uses. A parking agreement will be recorded against the property. The agreement will require that residential parking permits be obtained and will severely restrict outdoor storage. Proiect Site Zoninq Property has a split Low Density Residential (LDR) and NCC zoning. The property owner petitioned and the Hearing Examiner approved extending the NCC zoning onto the LDR zoned portion. Under the Development Agreement, the City Council will approve extending the NCC zoning onto the LDR zoned portion of the property. The LDR part of the property is separated from other LDR properties. TMC Section 18.080.040 provides an avenue for addressing the situation. Streamlined Permit Process The Development Agreement will waive the requirement that the developer obtain spate design review approval for the proposed project. All other land use reviews and construction permits are required. Proposed First Floor Usage NCC Zone allows mixed use building; however the code is unclear if the first floor can have residential units. The Development Agreement will allow the developer to have first floor residential units behind the commercial spaces that will front directly on East Marginal Way South. Federal Housing Administration requires a ground floor unit. Proiect Benefits First LEED certified residential complex in the City. The developer will seek "silver" certification for the development. Silver certification is achieved by receiving 50 -59 points out of the possible 100. The City of Seattle has 30 LEED certified buildings, and 20% of those have silver certification. Provides well maintained and high quality multi family units. 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 installation of on- street parking along approximately 300 feet of East Marginal Way. Other Information $10,000 financial guarantee provided to the City for LEED certification. All promotional materials for the project must reference the project location as the City of Tukwila and not Seattle. Payment of $5,000 to the City for compensation for time processing Development Agreement. Aaron Hundhofte, Riverton Development, LLC, thanked the Council for the opportunity to discuss the proposed development. The development investment can help the crime rate in the neighborhood, and the project can be achieved with less parking than currently required. The founding members of Riverton Development moved to Tukwila at South 126 Street in 2004, two blocks from the proposed development. They built new homes in the community, and they continue to have rental property in the area. The proposed project site has a history of dilapidation, and when the two properties became available they researched the Neighborhood Commercial Center zoning, including the shared vision of community, pedestrian- based mixed -use development. The agreement will make possible a beautiful new "green" mixed -use building and extensive street improvements and fulfill the vision for the NCC zoning. While distributing project information to the residents of the Riverton neighborhood, the developer received several questions about the proposed project being "green parking, reducing crime and the requested zoning code adjustments. Mr. Hundhofte explained a "green" building would provide new, unique, energy efficient and eco- friendly housing for Tukwila. They propose a development that takes Tukwila City Council Committee of the Whole Minutes March 26, 2012 Page 3 of 8 into account the value of locally- sourced materials and efforts to reduce waste within the landfill. Statistics show "green" buildings have a lower rate of turnover and are better for the neighborhood. Another question about the project centered on the parking issue, and why the development is requesting a reduction of the required parking. He stated they commissioned an independent 3rd party parking study conducted by Mark Jacobs. The proposed project has more parking than the national average; there will be enough parking for the surrounding commercial properties and parking demand can be accommodated within the onsite parking lot. Existing and future businesses will benefit from the street frontage improvements, making for a more attractive setting. The street will be inviting with new landscaping, sidewalks and removal of current utility poles. Studies have indicated that development of run down parcels is paramount to reducing neighborhood crime. Mr. Hundhofte has been involved in reporting a number of police and criminal incidents since 2004, and good neighbors make a great first line of crime prevention. Their business practice is to screen potential tenants 18 years and older for criminal history that includes sexual offenders and persons on the Homeland Security Terrorist Watch List. They have a "crime free" lease addendum that stipulates criminal activities that are a violation of the lease terms and that will result in eviction. Design suggestions from the Tukwila Police Department relating to lighting and security have been provided to the project architect. Their goal is to attract well qualified, long -term tenants. Finally, Riverton Development shares the City's vision for a walkable and inviting community. In 2009, the Hearing Examiner confirmed that the split zoning should be eliminated, and the NCC zoning should be applied to the entire lot. The proposed project follows the vision outlined in the City's Comprehensive Plan and NCC zoning. Through the Developers Agreement, the developers are requesting the reduction of parking and confirmation of the Hearing Examiner's previous ruling. In return, they will commit to a significant investment by constructing a community centerpiece, and new rental housing, helping to reduce criminal activity and improving street frontage between South 128 Street and South 130 Street. 7:34 p.m. Council President Seal opened the Public Hearing. Melissa Hart, Deputy City Clerk, acknowledged receipt of 1 written comment received in the City Clerk's Office relating to the Riverton Development Agreement. The following written comment was distributed to the City Council on March 19, 2012 and referenced into the record: 1. An email from Brian Kennedy dated March 16, 2012, relating to the proposed development that includes 23 market rate apartments at 129 Street and East Marginal Way South. Council President Seal called for public comments. Brian Kennedy, 12802 37 Avenue South, stated the proposed development will have a traffic impact on his neighborhood and he wanted to share his concerns with the Council. He feels the notification process used by the City for these types of developments should be changed. Currently, the City provides notification to property owners within 500 feet of the proposed project site, and he requested the distance be increased to 1,000 feet. Regarding the proposed design of the complex, he is concerned with outside lighting shining onto neighboring properties. Additionally, he is worried the addition of 23 market rate apartments will increase neighborhood traffic, increase littering and have an effect on the quality of life for his neighborhood. Lastly, he questioned the proposed design of the on- street parking, and he wanted to confirm the parking would be recessed in towards the Tukwila School District bus lot and not protrude into East Marginal Way. Pam Fernald, 2431 South 133 rd Street, stated the proposed development at 12909 East Marginal Way is down the block from where her parents have lived for the last 65 years. The Riverton community is a historic neighborhood filled with lovely turn -of- the century homes. The current and new residents are taking pride in the restoration of the older homes. Within the one -block area there are Wells Trucking, Friendz Cafe, a barber shop, Short Strokes golf shop, a new mixed -use development with a new grocery store and a few apartments above the retail. She feels these businesses are a good fit for this neighborhood, and they do not overwhelm the streets. Ms. Fernald said a 23 -unit apartment complex with on- street parking is not welcomed. She said a 10 -unit complex with on -site parking would be a better fit for the project site and neighborhood. The area currently has traffic issues due to the large number of Tukwila City Council Committee of the Whole Minutes March 26, 2012 Page 4 of 8 employees from King County Metro and Group Health traveling on East Marginal Way. Adding the proposed development will increase the traffic congestion, and additional on- street parking could affect public safety. Ms. Fernaid felt the owner of Riverton Development, LLC, as a current Tukwila Planning Commissioner, should have been sensitive to the neighborhood and their desires. She complimented the design of the development and feels it would be better in a different area of the City. She asked that the density code not be reduced or waived at this time, specifically for this project. Michael Moore, 5936 South 149 Street, clarified King County Metro eliminated the regular bus route from the Riverton area a few years ago. Metro has 3 trips in the morning hours and 3 trips in the evening hours dedicated to serving Group Health. Paul Doherty, 3726 South 128 th Street, thanked Riverton Development for the design of the proposed development for the site. The specified site has been an issue for the neighborhood for the last several years. He voiced his concern about the proposed on- street parking, and that any possible overflow parking could back up onto the neighborhood side streets. Mr. Doherty commented on the design of the on- street parking and encouraged the developer to have that parking recessed into the project site rather than extending into the street. He feels this would narrow the traffic lanes and cause additional traffic issues on East Marginal Way. He feels a LEED project might attract quality renters after completion of the project, and over the years the quality of the building and tenants may change. David Wyble, 3836 South 130 Street, explained he and his wife purchased their home in 2011, and their property overlooks the development site. He supports the prospect of a new development for the site. His main concern about the proposed development is the re- grading of the hillside that would have an adverse effect on his property, as his garage could potentially slide down the slope. Additionally, Mr. Wyble expressed concern about the differing survey markers that identify the project site and his property. He feels there is a discrepancy in those markers, and that issue needs to be resolved before the development begins. Meg Wyble, 3836 South 130 Street, expressed concern about the placement of the differing survey markers, as she feels the markers impede on their property. She inquired about how a property owner would dispute a property survey. Ms. Wyble emphasized the importance of the proper placement of property line markers to ensure they do not have any property damage, an unstable hillside or loss of any of their property due to the proposed development. She is concerned with the potential parking issues, and she does not want any overflow parking in front of her home. She works from home and has concern about the potential construction noise impeding her work, and the increased noise in the area from the new development. Ed Fish, 12934 East Marginal Way, stated he is an owner of Friendz Cafe and he voiced his concern about the proposed on- street parking. Currently, the limited on- street parking is utilized by visitors to his caf6, neighboring barber shop and new store. He feels the proposed development utilizing the current on- street parking would have an adverse effect on the established businesses in the area. Sharon Mann, 4452 South 160 Street, relayed that she previously lived in the Riverton area for many years. While she was a resident of that area, the community addressed the challenges of a proposed expansion by Becker Trucking and the proposed junk yard. The area has recently seen quality businesses settle there and new construction of single family homes. She stated she is pro development and very involved in the Tukwila International Boulevard Action Committee (TIBAC). The Tukwila Village project went through 5 potential developers before settling for a different type of development. She expressed support for the proposed development and encouraged the developers to work together with City staff to solve the parking issues. A new development of something nice is better than no development. Bob Schneebeli, 12923 East Marginal Way, stated he is the previous owner of Short Strokes, located next to the project site. Several years ago while working through the process to construct his business, he was required to have 6 parking stalls for his small business. He feels the proposed Riverton Development should be scaled back in size. Pam Fernald, 2431 South 133 Street, concurred with the previous speaker. She feels a smaller development would address the parking concerns voiced by the previous speakers. She explained the Tukwila City Council Committee of the Whole Minutes March 26, 2012 Page 5 of 8 Riverton area is a historic neighborhood that does not need a big, fancy, 3 -story apartment building right in the middle of things. 8:03 p.m. Council President Seal closed the Public Hearing. SPECIAL ISSUES a. An ordinance adopting the Development Agreement between the City of Tukwila and Riverton Development for property at 12909 East Marginal Way South. Councilmember Hougardy indicated this item was discussed at the Community Affairs and Parks Committee meetings on February 13, 2012 and March 12, 2012. The committee members were unanimous in recommending approval. On March 14, 2011, the Committee of the Whole was briefed about entering into a Development Agreement with Riverton Development, LLC for the construction of a Leadership in Energy Environmental Design (LEED) certified, mixed -use building at 12909 East Marginal Way South. During that meeting, the City Council expressed general support for the project, but had some concern with the impacts the project could have on street parking in the area. Mr. Miles clarified the Development Agreement does not include language relating to site grading activities, as those specific items are part of the project permitting. The development will be required to follow the standard permitting requirements and meet the applicable building code requirements. This will include the sensitive area requirements and geotechnical reporting. Residential areas have a density ratio of 6.7 units per acre. There is no density limit within the NCC zone. Additionally, the parking design was reviewed by Public Works, and they provided significant guidance during the preparation of the conceptual plan. The project area was included in the City's Walk and Roll Plan, and the conceptual plan includes those design elements. He stated construction on the project site will be in accordance with the City's noise code. Councilmember Quinn requested clarification relating to the development complying with the City's Sensitive Areas Ordinance. Mr. Miles stated an area with a slope greater than 15% is considered a steep slope, and removing vegetation from a steep slope requires a permit from the City. Through the process, the applicant is required to submit a geotechnical report that would address the stability of the slope from the construction aspect and long -term stability. Additionally, the project will require a State Environmental Policy Act (SEPA) review that will include the compliance checklist and public notice. Councilmember Kruller thanked the community members for voicing their concerns about the proposed project design and the issues associated with existing traffic and parking. Councilmember Ekberg asked for clarification on the number of proposed parking stalls for the 2- bedroom units and if apartment tenants would be assigned on- street parking. Mr. Miles clarified the applicant has proposed 2 parking stalls for the 2- bedroom units, and the proposed on- street parking would be open to the public. The parking analysis provided by Mr. Jacobs was based on the regulations of the NCC zone. Councilmember Robertson commented that parking appears to be the main concern for the neighborhood. He asked if there would be parking enforcement for the project. Mr. Miles explained the developer will be the property managers, and they will handle parking enforcement. Councilmember Robertson stated the parking agreement as identified on pages 101 -102 of the agenda packet should be adjusted to clearly identify the resident parking and possible parking assignment for the proposed "tandem parking" for the apartment tenants. He is concerned with the parking for the Tukwila City Council Committee of the Whole Minutes March 26, 2012 Page 6 of 8 prospective tenants. The current on- street parking is being utilized by the existing tenants, and the proposal to provide 21 parking stalls for commercial use appears to satisfy the daytime parking needed. Councilmember Duffie expressed his concern on the comments relating to placement of property line markers. Mr. Miles stated a property line dispute would need to be addressed between the two property owners and would be a civil matter. Councilmember Hougardy feels this is a great project and relayed the Community Affairs and Parks Committee expressed concern about the parking. The developer appears committed to the project, and they have been working to resolve and address the community's concerns. She would like information about the parking issues associated with Friendz Caf6, and whether the proposed on- street parking would be utilizing the on- street parking currently in use. She suggested parking mitigation be included as part of the Development Agreement. Councilmember Quinn thanked the residents for voicing their concerns about the proposed project. The information they provided is very useful. He encouraged the developer to find a creative solution to address the concerns about parking. Additionally, he confirmed the Council has received complaints relating to the traffic and noise associated with Wells Trucking. It is an on -going problem, and he feels the Council should work on addressing the traffic in that area. Council President Seal feels the proposed project is an excellent idea, and she acknowledged the progress made by the developer to address the neighborhood concerns about parking. Councilmember Robertson stated the project looks very exciting, and he thanked the developer for working with the City on this project. There was Council discussion on the next steps for the project, and there was consensus to have staff work with the developer to modify the parking agreement. Additionally, there was Council discussion and consensus to have staff expand the notice area to 1,000 feet. COUNCIL CONSENSUS EXISTED TO FORWARD THE ORDINANCE AND DEVELOPMENT AGREEMENT TO THE APRIL 23, 2012 COMMITTEE OF THE WHOLE MEETING. 8:44 p.m. Council President Seal declared a brief recess. 8:50 p.m. Council President Seal reconvened the Committee of the Whole Meeting. b. A contract to accept a grant in the amount of $50,000 for the Duwamish Hill Preserve. Councilmember Hougardy indicated this item was discussed at the Community Affairs and Parks Committee meeting on March 12, 2012. The committee members were unanimous in recommending approval. Rick Still, Parks and Recreation Director, explained the City has been awarded a grant from 4Culture Heritage Cultural Facilities in the amount of $50,000 to be utilized towards acquisition of the western parcel of land adjacent to Duwamish Hill Preserve (no funding match required). The Parks and Recreation Department is seeking Council approval for the Mayor to accept the grant from 4Culture in the amount of $50,000.00. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. Tukwila City Council Committee of the Whole Minutes March 26, 2012 c. Consent Agenda process. Page 7 of 8 Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on March 20, 2012. The committee members were unanimous in recommending approval. Kimberly Matej, Council Analyst, explained the Council discussed the possibility of enhancing the use of the consent agenda during the February 2012 Council Retreat, for greater meeting efficiency. Based on discussions, analysis and review, staff has prepared a proposed Consent Agenda process for Council consideration. 8:54 p.m. Councilmember Ekberg returned to the Council Chambers. She explained the Finance and Safety Committee recommended the Consent Agenda process be comprised of Options 1 and 2 as identified below. Option 1: An item that is non controversial and strictly administrative in nature can be placed directly on the Consent Agenda of a Regular meeting by recommendation of staff and prior approval of the Council President. Option 2: An item that may be of greater interest to the Council, but is still non controversial, can be placed on the Consent Agenda of a Regular meeting with the appropriate Committee recommendation and subsequent Council President approval. Additionally, any Councilmember, by request and without a Council vote, can have an item removed from the Consent Agenda for separate consideration later in the meeting under New Business. The remainder of the Consent Agenda items can be voted on with one motion, omitting the challenged item(s). COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Haggerton participated in the March 20, 2012 tour of Seattle Bagels located in Tukwila. On March 22, 2012 he attended the Drug Abuse Resistance Education (DARE) graduation event. Later that afternoon, he attended the Emergency Medical Service (EMS) Regional Sub Committee meeting. On March 23, 2012 he attended the Valley Cities Mayors meeting in Fife, where the Port of Seattle and Port of Tacoma conducted presentations on their future plans. He thanked Council President Seal in advance for presiding over the April 2, 2012 Regular Meeting in his absence. b. City Council Councilmember Duffie attended the March 22, 2012 Drug Abuse Resistance Education (DARE) graduation event. Councilmember Hougardy attended the March 22, 2012 Drug Abuse Resistance Education (DARE) graduation event. On March 24, 2012 she participated in the Bowl -a -Thon at ACME Bowl to benefit the Tukwila Pantry. Ms. Hougardy reported to the Council regarding the Sign Code amendments and Teen Center proposal that were presented earlier in the evening at the Community Affairs and Parks Committee meeting. Councilmember Quinn participated in the March 24, 2012 Bowl -a -Thon at ACME Bowl to benefit the Tukwila Pantry. He asked the Council to review the March 20, 2012 Finance and Safety Committee minutes relating to staff compensation. He announced the City Administrator has asked that the compensation item be moved to the April 17, 2012 Finance and Safety Committee meeting due to key staff absences, and Councilmember Quinn concurred. Tukwila City Council Committee of the Whole Minutes March 26, 2012 Page 8 of 8 Councilmember Kruller attended the March 22, 2012 Drug Abuse Resistance Education (DARE) graduation event. On March 24, 2012 she participated in the Bowl- a -Thon at ACME Bowl to benefit the Tukwila Pantry, and she thanked the Councilmembers for their participation and the Tukwila Rotary for sponsoring the event. Additionally, she announced Albert Lee Appliance has indicated they will donate a washer and dryer to the Tukwila Pool. Council President Seal announced she is having email issues and requested that staff members copy Kimberly Matej, Council Analyst, on any emails sent to the Council President. Ms. Matej will review the emails with Council President Seal to ensure staff receives a response. C. Staff David Cline, City Administrator, announced he will be absent from the April 2, 2012 Regular Council meeting. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings. e. Intergovernmental There was no report. ADJOURNMENT 9:13 p.m. COUNCIL PRESIDENT SEAL DECLARED THE COMMITTEE OF THE WHOLE MEETING AD OL17D TO CONVENE A SPECIAL MEETING. Verna Seal, Council President Melissa Hart, Deputy City Clerk APPROVED AND SIGNED BY THE COUNCIL PRESIDENT ON 04/09/2012 AVAILABLE ON THE CITY'S WEBSITE 04/10/2012