Apodment Parking Plan Enforcement Details

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Concerns are being raised about parking impacts from Arete, a new apartment complex being built in downtown Kirkland. The development is unique in Kirkland as it is the first of its kind providing small apartments with communal areas and  tandem parking stalls for residents. It will also require compliance with a new set of regulations for monitoring parking of tenants' cars.

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A side effect of this development is that nearby residential streets in Norkirk will forever need to be monitored to ensure that Arete tenants are not parking on side streets, attempting to circumvent the requirements of their lease agreements with the property owner. Arete will be subject to biennial parking utilization studies by the city to ensure their compliance.

We have obtained a copy of an email (below) from the City planning department in response to questions raised about parking enforcement plans for the new artist studios -- sometimes referred to as apodments -- being built at 450 Central Way in downtown Kirkland. The email refers to a agreement which is "currently in the works" for a managed parking plan including ongoing checks to ensure compliance by the tenants and property owner. The requirements will remain in perpetuity.

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From: Jon Regala
Sent: Tuesday, May 27, 2014 4:47 PM
To: Toby Nixon
Cc: Kurt Triplett; Eric Shields
Subject: RE: Arete Parking Plan enforcement

Council member Nixon,

Eric ask that I help in responding to your questions regarding Pantley’s Arete project.  It is located in the CBD 7 zone where residential suite uses are allowed.  Required parking for the residential suites use is 0.5 stalls per unit with a recorded Transportation Management Plan (TMP) covenant that among other things must include the following:

·         Rentals need to be managed so that total parking demand does not exceed available supply.  The owner must restrict occupancy or lease to tenants who do not have cars if parking demand equals or exceeds the parking supply.

·         Parking utilization studies will be required at 90% occupancy and every other year afterwards.

·         Acknowledgement that it is a violation of the zoning code if:

o   the parking demand exceeds the available parking supply

o   failure to comply with the parking management plan provisions

o   failure to comply with reporting requirements

If there is a violation, our standard general code enforcement provisions will apply with includes the daily fine.  I am currently working on the details of the Transportation Management Plan with Pantley. 

Here is a portion of the document that is currently in the works as it relates to your questions:

8.   Residential Lease Agreements.  All vehicle and bicycle spaces shall be managed and monitored on an ongoing basis by the BTC.  Each residential lease agreement shall contain the following items:

A.    Vehicle Parking

1)    All residents must register with the BTC any vehicles they own or control during tenancy.

2)    Tenants, who have a vehicle(s), will be charged for on-site parking, unbundled from rent.

3)    All residents are prohibited from parking a vehicle they own or control within a one mile radius of the Arete property, except for vehicle(s) that occupy a rented parking stall(s), at any time during tenancy. 

4)    The Zoning Code requires monitoring provisions. To achieve compliance by its residents, owner will follow several possible strategies, as needed, to the extent off street parking is found to be a problem, including but not limited to:

a)    On-going checks that resident vehicles are parked within the building by periodic walk-throughs of the buildings parking areas

b)   Providing a “customer” sticker on each driver side windshield that makes vehicle confirmation off site easy for compliance.

c)    Providing outreach to neighbors who can notify the BTC when they observe what they believe is a violation

d)    Confirming violations by reviewing building monitoring cameras to identify if residents with vehicles are entering and leaving the building without their vehicle when their vehicle is not on site. 

e)    “Walking the neighborhood” to identify resident vehicles not parked on site.

Also, here is an excerpt of the ‘agreement’ language:

          BINDING AGREEMENT

THE UNDERSIGNED warrant to the City of Kirkland that they are all of the owners of real property herein described with full power to enter into agreements and/or covenants.

THE UNDERSIGNED acknowledge that Kirkland Zoning Code Section 50.47.125 Special Regulation 3.a requires that residential suites rentals be managed such that the total demand for parking does not exceed the available supply of required private parking.  If the demand for parking equals or exceeds the supply of required private parking, the property owner shall either restrict occupancy of living units or restrict leasing to only tenants who do not have cars.

THE UNDERSIGNED acknowledge that it is a violation of the Kirkland Zoning Code to fail to comply with the provisions of the TMP or reporting requirements and hereby authorize the City of Kirkland to inspect the premises on request in order to verify compliance with this TMP. 

THE UNDERSIGNED acknowledge that Kirkland Zoning Code Section 50.47.125 Special Regulation 4 requires that all residential suites parking within the Project shall be under common ownership and management. 

THE UNDERSIGNED agree that the owners shall be liable to the City for all of the City’s costs to enforce against violations of this agreement, including all administrative and attorney’s fees associated with enforcement.  This TMP shall be recorded with King County as part of the covenants, conditions, and restrictions of the Project to assure its implementation.  This TMP is binding on all owners of the herein described real property and their heirs, successors, and assigns, and runs with the land described as follows:

Feel free to email or call me if you have additional questions.  If you like, I can forward to you the final document when it’s finalized.  Thanks.

 

-Jon

Jon Regala, Senior Planner

City of Kirkland Planning Department