HomeMy WebLinkAboutCOW 2012-04-23 Item 4C - Ordinance - Riverton Development Agreement on East Marginal Way SouthCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by Mayor's reviWv
03/26/12 BJM
04/23/12 BJM
05/07/12 BJM
ITEM INFORMATION
STAFF SPONSOR: BRANDON MILES
Council review
ITEMNO.
4.C.
ORIGINAL AGENDA DATE: 3/26/12
AGENDA ITEM TITLE Riverton Development Agreement
*PLEASE BRING YOUR AGENDA PACKET FROM 3/26/12 C.O. W,
CATEGORY N Discussion Motion
Mtg Date 04123112 Mtg Date
SPONSOR Council Mayor HR
Resolution N Ordinance Bid Award N Public Hearing Other
Mtg Date Mtg Date 517112 Mtg Date Mtg Date 03126112 Mtg Date
N DCD Finance Fire IT P&R Police PW
SPONSOR'S Riverton LLC has requested that the City enter into a Development Agreement (DA) for the
SUMMARY construction of a LEED certified mixed use building at 12909 East Marginal Way South with
both on and off -site frontal improvements. The Council is being asked to pass an
ordinance adopting the Development Agreement.
REVIEWED BY N COW Mtg. N CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/13/12,3/12/12,3/26/12 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source: N/A
Comments: Riverton LLC will provide the City $5,000 for staff time for preparing the DA
MTG. DATE I RECORD OF COUNCIL ACTION
3/26/12 Council held public hearing; Council placed item on April 23, 2012 agenda for further
Discussion and requested information from staff and the developer.
IMTG.DATEI ATTACHMENTS
3/26/12 Informational Memorandum dated 3/20/12- REVISED AFTER CAP MEETING
Ordinance, with Proposed Development Agreement, with attachments, to include aerial
photo of site; legal description, site plan and conceptual ROW plan, conceptual
elevations, parking agreement, and and parking demand analysis
Minutes from the Community Affairs and Parks Committee meeting of 3/12/12
Community Affairs and Park Memo dated 2/7/12
Minutes from the Community Affairs and Parks Committee Meeting of 2/13/12
4/23/12 Informational Memoradum dated 4/17/12, KC Parking Data, Revised Parking
Agreement, and Applicable Goals and Policies of the City's Comprehensive Plan
*Please bring your agenda packet from the 3126112 Committee of the Whole 149
l
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Jack Pace, DCD Director
BY: Brandon J. Miles, Senior Planner
DATE: April 17, 2012
SUBJECT: Riverton Development Agreement -12909 East Marginal Way South
Continued Discussion from March 26, 2012 COW Meeting
Please Bring the COW Agenda Materials from the 3126112 Meeting
ISSUE
Should the City of Tukwila enter into a Development Agreement (DA) with Riverton LLC for the
construction of a mixed use building at 12909 East Marginal Way South?
BACKGROUND
On March 26, 2012, the City Council held a public hearing to consider entering into a DA for the
construction of a Leadership in Energy Environmental Design (LEED) certified building at 12909
East Marginal Way South containing 23 apartments and ground floor retail /office spaces. The
memo dated March 20, 2012 outlined the main points of the proposed development agreement.
DISCUSSION
There were a variety of issues raised during the public hearing including parking, traffic, density,
design of the on- street parking, and discrepancies between survey lines. Following the public
hearing, the Council remanded the project to the April 23, 2012 COW meeting so that the
applicant and staff could address some of the concerns that were raised.
Responses to each of the main issues raised at the public hearing are listed below:
1. Parking
Under the City's current code, the project would be required to provide 60 parking stalls. The
property owner has proposed to install 39 parking stalls on the project site, with an additional 12
stalls being installed in the right of way (ROW) of East Marginal Way. Thus, the project would
have a parking deficiency of nine stalls. Concerns were raised by the public and by the Council
that this parking reduction could have an impact on surrounding uses.
Tukwila Municipal Code (TMC) 18.56.040 (2) requires each residential unit to have two parking
stalls. The property owner has requested that the residential units have a parking ratio of 1.5
stalls per residential unit. Included in the March 20, 2012 memo was a report from Jake Traffic
Engineering "Parking Report which examined the parking demand for the proposed project.
The Parking Report references the Institute of Transportation Engineers 4 th Edition (ITE-
Parking) which provides parking demand ratios for a variety of uses. According to the ITE-
Parking data, suburban apartment buildings typically need 1.23 spaces per dwelling unit. Thus,
the 1.5 stall per unit proposal is higher than the national standard.
Staff also looked at local parking data to determine if the proposed parking ratio for the
development was adequate. King County is currently studying parking demand for multi family
151
INFORMATIONAL MEMO
Page 2
complexes throughout the County. While the final report is not complete, much of the data
collection for Tukwila and south King County has already been completed.
An excel spreadsheet that summarizes the data is included with this staff report. The parking
demand for all of the units listed never peaked above a 90% utilization rate, thus not only are
tenants able to find on -site parking; the apartment complexes also have surplus parking. The
range of observed parking demand at the study sites in south King County was .72 to 1.37
vehicles per dwelling with an average of 1.18 vehicles per dwelling unit. Again, as with the
national average, Riverton LLC is proposing a parking ratio that is Sher than the actual parking
ratio for several existing apartment complexes in south King County.
The south King County parking data also provided interesting information on parking utilization
per bedrooms. In apartment complexes that only included one and /or two bedroom units, the
average parking ratio per bedroom was .80 -with the highest observed ratio being 1.03. Riverton
LLC is proposing an onsite parking ratio of one stall per bedroom, which is higher than the
observed average for several apartment complexes in south King County.
Also included with the memo is a revised parking agreement which outlined the management for
onsite parking. Here are the main points of the revised parking agreement:
Nine Parking stalls will be available for use by the commercial tenants from Monday
through Friday from gam to 5pm. All remaining stalls will be marked as "resident only."
This arrangement would allow each resident to still have the ability to secure at least
one parking stall;
A total of 36 parking stalls will become available for use by the residents after 5pm and
on weekends. One bedroom units are permitted to have one parking stall and two
bedroom units will be permitted to have two stalls, based on availability. The five
tandem stalls will only be available to the two bedroom units'. Permits will be issued to
all residents.
Three parking stalls will be available after 5pm and on weekends for visitors.
Staff has requested that Riverton LLC have their parking consultant attend the April 23`
meeting to provide the Council a presentation on the completed parking study and to provide an
opportunity for Council to ask questions of the parking expert.
2. Traffic
There was concern that the proposed project would have a significant impact on traffic along
East Marginal Way. East Marginal Way is a busy street. In 2011, there were 8,500 Annual
Average Daily Trips (AADT) at the intersection of East Marginal Way and South 126 Street. It
has been estimated that the Riverton project will create an additional 220 AADT trips. Thus,
there is expected to be a 2.6 percent increase in traffic along East Marginal Way resulting from
this project.
Like all projects, the project will be required to comply with the City's Traffic Concurrency and
Traffic Impact Fee Ordinances.
1 There are 12 one bedroom units and 11 two bedroom units.
152 ZADCD n Clerk's0randonlRiverton WCOW, 2012.04.2311nfoMemo.doc
INFORMATIONAL MEMO
Page 3
3. Density
There was some concern about the proposed density of the proposed project. As staff noted at
the public hearing, the Neighborhood Commercial Center (NCC) does not have a maximum
density specified for non senior housing.
4. On- Street Parking
The on- street parking has been pushed inward in order to move the parked cars out of the lane
of travel. The conceptual design has been approved by the City's Public Works Department.
Final approval of the right of way improvements will occur during construction. See attachment
D from staff's memo dated March 20, 2012 and presented to the Committee of the Whole on
March 26, 2012.
5. Discrepancies Between Survey Lines
A neighbor of the project raised issues that there were conflicting survey markers on his
property and the proposed Riverton project property. Property line disputes, such as this, are
private property matters that the City cannot resolve. Staff has reviewed the site plan and the
project would still meet setbacks even if the neighbor's property line location is affirmed so the
issue would not change the project design. Staff recommends that prior to the issuance of a
building permit that the Developer provide sufficient proof that the property line dispute has
been resolved.
FINANCIAL IMPACT
The applicant will provide the City $5,000 for the City's time in processing and reviewing the DA.
Additionally, once completed the project will increase the assessed value of the properties
which will result in higher property tax revenues for both the City, County, and Tukwila School
District.
RECOMMENDATION
The proposed project is consistent with the goals and policies of City's Comprehensive Plan.
Staff has included the relevant section of the Comprehensive Plan that discusses the City's
vision for areas of the City identified as NCC. Staff recommends that the City enter into the
Development Agreement with Riverton LLC for the construction of the proposed LEED
certified mixed use building; and that the Development Agreement be forwarded to the
May 7 th Regular Council meeting for action.
ATTACHMENTS
King County Parking Data
Revised Parking Agreement
Applicable Goals and Policies of the City's Comprehensive Plan
ZADCD n Clerk's\Brandon\Riverton WCOW, 2012.04.2311*Memo.doc 153
154
Ln N 10 N m r�� 00 m m co
r4 N Ul
6 m
c 13
m
An m E
0
M N N N Ln
00 lz�) 0 Q 0 CD 0 r_ 0 cs
U
m E
o
C
ti
E E
U M u D U
4n
S -S
Z LL m -D LL T U- Z UL Z
N 0 Tj
N Z3 m -zz
Cl a co
00 o N CD a 0 a n 0
-Z 00
-Z co w
U u C, 'D 0 'D
L, 8 1 u u
C 00 0 0 0 N 0 _0 o o 2
10 N rn U'l
m u o w ul
0 a z 0
N fV I Ir
I 10
u
o
u u
0 uu u u Ul
u u u
N Ir M- 'r 0 0 0 0 0 0 0
LYY 1'J w m co R a m co cc
N N r! N N N 4
F5 C 47
4
N9
m E
0 a. a
a, 0 Ow uo CD "I -,T %P
r. 9 n O r. C+ 145 r N
CD 0 0 0 0 0 0 Q 0 C) 0 0 0 o
(u E
91 6 ci
6 Cn
m
u .0
00 �o f ID of ID r) W
in m 10 U N G� m a�a
JR �Q a
OR P m CC C r 0 N cq q
It 41) 0 0 M 91 6 m m Ir Go
U) N Go 00 Go go 00 00
N
O
It ID h 0 m N f4
N rq ID rl 00 co C�
wl
0
m 0
CL U r CI I
CA IT ID M 'T
r rn
m
iv
E E
0 E E- c 0
U m 0 o 0
Z C 0
o
n o vi
x r w a z j t m E E
E c t t t
0 0 w
E t t o m
M L ID M
.2 E 2
C, m
�Y 2 I C+7 Lo
U L73
0 w 03 LA M u
N
FD r a
Gi Z3 D
o LT 0 x 0 2:
155
I+O
Riverton Apartments Parking Agreement
Parking provided per Developer's Agreement
39 on -site stalls (9 tandem, 2 ADA)
36 stalls will be available to residential tenants with a parking permit.
3 additional designated on -site stalls will be available to visitor parking after 5 pm with a Short Term Permit, see
Permits and Availability.
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 without a permit from the hours of 9am -5pm Mon -Fri,
excluding holidays. Furthermore any parking associated with the commercial uses is not permitted to park in stalls marked as
"Residents Only."
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. Tandem
stalls will be assigned to two- bedroom units only. Based on availability a one bedroom unit may apply for a second permit. A
two bedroom unit may not be issued more than two permits.
Short Term Permits for parking after 5 pm shall be available to guests and maintenance vehicles on a 24 -hr cycle. Users should
apply with the manager prior to parking. Short term permits are not available to the employees of the commercial spaces, they
are intended for resident's guests and building maintenance vehicles only.
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.
157
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, the building manager 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.
158
TUKWILA COMPREHENSIVE PLAN
Transportation Corridors
Neighborhood Commercial Centers
Pedestrian- oriented Neighborhood Commercial Centers, generally focused
around key intersections in transportation corridors can help provide the
sense of a "people place" that the neighborhoods bordering the corridors
need. A Neighborhood Commercial Center not only helps mitigate the
corridors' transportation impacts on residential areas, it can also provide a
commercial focus for the businesses bordering the corridor.
A key element in a successful pedestrian environment is the ability to walk
continuously along the front of stores and see into the building interiors (e.g.
shop display windows) instead of into parking lots. Thus, standards
regarding a site's design building setback, landscaping, fencing, signage,
sidewalks and automobile access and parking are the important issues.
Goal 8.5 Neighborhood Commercial Centers
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 a Neighborhood Commercial Center is its
pedestrian orientation, with streetfront windows, attractive
landscaping, screening, and sidewalks.
8.5.1 Allow a diverse mix of uses, including above street
residential, retail service, office and recreational and
community facilities
IMPLEMENTATION STRATEGY
Zoning Code
�j 8.5.2 Encourage the consolidation of existing smaller properties
into larger lots through property owner(s) development
plate
8.5.3 Through public and private project design and regulation,
create recognizable, compact, pedestrian- oriented
Neighborhood Commercial Centers
8.5.4 Encourage new construction rather than the conversion of
existing residential structures to commercial uses
8.5.5 Combine parking placement and build-to standards to
achieve the compactness of a consistent building wall and
pedestrian orientation, creating a focal point emphasis in
Neighborhood Commercial Centers.
100 November 22, 2004 159
TUKWILA COMPREHENSIVE PLAN
Transportation Corridors
IMPLEMENTATION STRATEGY
Parking behind or beside buildings
8.5.6 Incorporate a significant landscape element into the street
design within Neighborhood Centers
IMPLEMENTATION STRATEGY
Parking behind or beside buildings
8.5.7 Encourage two- to four -story buildings within Neighborhood
Commercial Centers to emphasize their importance and
desired activity leve4 limiting commercial uses to two lower
levels, except in Urban Renewal areas.
8.5.8 Ensure appropriate structural transitions between
commercial and residential zones
IMPLEMENTATION STRATEGY
Multi- family and commercial design guidelines
8.5.9 Include substantial areas ofglass in the design ofground
level retail and service structures and require building
entrances to face the street.
8.5.10 Require developments to incorporate pedestrian amenities
and open spaces such as plazas, art, and canopies in order
to convey the impression of a town center and community
focal point.
November 22, 2004 101
160
TUKWILA COMPREHENSIVE PLAN
Transportation Corridors
8.5.11 Employ appropriate design elements such as slopes, peaks,
caps, steps, exaggerated parapets, colors, and lighting to
make the rootlines prominent, creating a distinct
Neighborhood Commercial Center character.
8.5.12 Work with Metropolitan King County to create distinctive
transit stops within Neighborhood Commercial Centers that
are integrated with adjacent development and pedestrian
connections, with a design that is harmonious with the
neighborhood.
102
November 22, 2004
161