Kirkland City Council Special Meeting on Google Development Agreement - July 11, 2022
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Kirkland City Council Special Meeting on Google Development Agreement - July 11, 2022
The Kirkland City Council held a special meeting on July 11, 2022, at 6:00 PM, primarily as a public hearing to receive comments on a proposed development agreement with Google related to the NE 85th Street Station Area Plan. The meeting included a staff presentation, testimony from Google and Lake Washington School District, public comments from residents, and council discussion. The council is scheduled to consider an ordinance authorizing the agreement at its regular meeting on July 19, 2022.
Public Comments & Testimony
- Brian Buck (Executive Director of Support Services, Lake Washington School District): Expressed support for collaboration with Google but requested that the development agreement include a requirement or reference regarding partnership with the school district to address student enrollment growth. Noted that 1.5 million square feet of office space is equivalent to 18 elementary schools.
- Sharon Cox (20-year resident, Moss Bay): Voiced strong opposition to the agreement, arguing it violates the city's recently adopted tree code (requiring 40% tree canopy) and the Washington State Appearance of Fairness Doctrine. Criticized the council for granting too many exceptions to Google (e.g., 250-foot height, reduced landscape buffers) and questioned the $12.5 million affordable housing payment as insufficient.
- Colleen Clement (Resident, People for Climate Action, ETAG): Expressed general support for the agreement but urged that buildings be 100% electric, noting the current language says "endeavor to" rather than "fully commit to."
- Sue Amorosi (33-year resident): Supported the project but requested that open space designs be reviewed by the council to ensure high quality, and that bike and pedestrian paths be separated for safety.
- Laurie Hanson (50-year resident): Opposed the agreement, citing traffic and parking concerns, lack of transparency about employee projections, inadequate public notice for Google's open house, and absence of public rooftop parks. Requested a broader traffic study and independent monitoring.
- Daniel Weise (25-year resident, Silver Spruce): Expressed strong support for the project, praising high-density development near transit and the benefits for the city.
- Curtis Brown (Resident, near 118th Street): Opposed the agreement, criticizing the $12.5 million payment as a "marketing bribe" (0.6% of 7,000 employees' salaries), weak enforcement of parking and traffic mitigations, and lack of residential parking permits. Also noted insufficient landscape buffers for neighboring homes.
- Liz Hunt (Resident, 8th Street West): Expressed cautious support but raised concerns about the scale (1.54 million sq ft, comparable to Lincoln Square), accuracy of incentive zoning calculations, and the need for honest communication about whether stated benefits are truly community gains or merely required mitigations.
Discussion Items
- Staff Presentation (Adam Weinstein, Planning Director; Tracey Dunlap, Deputy City Manager; Joel Pfundt, Transportation Manager; John Burkhalter, Development Engineering Manager): Provided an overview of the development agreement, highlighting its 36 sections and 8 exhibits covering 5 phases. Key points included:
- Google will exceed code-required community benefits (open space, pedestrian/bike connections, $12.5 million affordable housing payment).
- Sustainability measures exceed code, with mass timber construction (max 180 feet) and a goal of all-electric buildings (with an exception for commercial cooking).
- Transportation improvements include new bike/ped paths, intersection upgrades, and a transit hub. Parking will be built at 2 spaces per 1,000 sq ft initially, with potential reduction to 1 space per 1,000 sq ft for later phases with enhanced TDM.
- The agreement term is 10 years, extendable to 15 years upon first building permit and payment of the community benefit fee.
- Google will receive impact fee credits for building system improvements beyond project mitigation.
- Councilmember Pascal: Questioned the mode share monitoring, concurrency vesting for all phases (arguing it should be per phase), and the enforcement of parking mitigation. Suggested using an independent consultant for monitoring and converting the agreement from a resolution to an ordinance for stronger legal effect.
- Councilmember Falcone: Supported adding a reference to collaboration with Lake Washington School District. Asked for clarification on water infrastructure impacts (no capacity issues for future development) and tree code applicability (confirmed that the updated tree code applies, but no parcel-by-parcel 40% canopy requirement). Also raised the building electrification language, with staff clarifying that base code requires all-electric buildings except commercial cooking.
- Councilmember Curtis: Supported including school district collaboration. Expressed support for green roofs and publicly accessible rooftop park space. Asked about the fate of the property and affordable housing refund if Google does not proceed with phases 4 and 5 (city attorney confirmed that assignment would pass responsibilities to a new owner, and the 40% refund would be addressed in the assignment agreement).
- City Attorney Kevin: Addressed concerns about the Appearance of Fairness Doctrine, stating it does not apply to legislative proceedings like this. Noted that a planning commission member who is a Google employee voluntarily recused himself, though not required. Also clarified that an ordinance (rather than resolution) would be used for the agreement.
Key Outcomes
- The council will consider an ordinance authorizing the execution of the development agreement at its regular meeting on July 19, 2022.
- Councilmembers expressed intent to incorporate the following changes into the final agreement:
- Add a reference to collaboration with Lake Washington School District.
- Strengthen language on building electrification from "endeavor to" to a firm commitment to 100% electric buildings (except commercial cooking).
- Consider including mode share monitoring and independent review of parking and traffic data.
- Address concurrency vesting for later phases to ensure system capacity is reserved only as infrastructure is built.
- Clarify enforcement mechanisms for off-site parking mitigation and residential parking passes.
- No vote was taken; the public hearing was closed at 8:01 PM.
Meeting Transcript
I'd like to call the order special meeting. Oh, I need to do it over. Start again. I'd like to call to order the city council special meeting of May the 11th, 2022. Clerk, will you please call the role? Council Member Nixon. Here. Council Member Black. Here. Council Member Curtis. Here. Councilmember Falcone. Here. Council Member Pascal. Here. Deputy Mayor Arnold. Here. Mayor Sweet. Here. This is a public hearing to receive public comment on a proposed Google Development Agreement related to the 85th Street Station Area Plan. I will now open the public hearing with the July 6th Google Development Agreement study session incorporated into tonight's record. City manager. Okay. Thank you, Madam Mayor. Deputy Mayor, members of the council. So as you mentioned, tonight is a public hearing, but we have a uh presentation that's an overview of the development agreement. Um that presentation is going to be made by our planning and building director, Adam Weinstein. This is not as detailed as the presentation received on July 6th. And as you mentioned, any member of the public who'd like to go, the full presentation is already online in our link, and uh people can watch the entire thing. So we don't have a lot of the background, but we're really focused on what's actually in the development agreement and our conversation tonight. Um we also have many staff on the line, um, technical staff to help. So if the council has any specific questions following the presentation, we do have staff ready to assist with that. And with that, I will turn it over to Adam. All right. Good evening, Mayor Sweet and Deputy Mayor Arnold and Council members. Um, as the city manager mentioned, um, this is a very short presentation. It's a public hearing tonight, so we really want to hear from the public and make sure we have enough time for that. Um, and I will be joined by Tracy Dunlap, our deputy city manager, and Joel Funn, our transportation manager. And as the city manager mentioned, the larger cast of characters that was here for the study session will be here to answer questions. Um this is not a very complicated agenda tonight. We discussed the development agreement in a lot of detail last Wednesday, and we won't be going into the similar level of detail tonight, but obviously please chime in if you have any questions. So the presentation tonight really focuses uh less on the legal aspects of the development agreement and more on the community facing or practical provisions and benefits of the development agreement, the ones that community members are likely to see and feel if they were to walk around the Google project and its surroundings in several years when we actually see stationary plan implementation happen. And we'll also weave into this presentation some recommended changes to the development agreement made after the the discussion at the study session last week, along with some clarifications. So in the study session presentation, we had a slide tracing a very long series of events leading up to the station area plan and the development agreement, starting with the initiation of the planning process surrounding that major major regional transportation investment embodied in the Bus Rapid Transit station at I 405 and 85th Street. And I won't elaborate on that, but we'll note that when a plan of this scale gets adopted, development of the plan doesn't happen spontaneously because the private sector does most of the actual building in a plan area, although public investments are crucial. Um and then private development happens on its own schedule. So that means that the initiation of development called for in the plan can sometimes take many years to realize and is dependent on the whims of the real estate market and the local and regional economy. And we saw that up in Totem Lake, which took many years to achieve its vision because of an economic recession, developer interest, and other factors. And so that really speaks to the importance of catalyst projects, like the one that's the subject of the development agreement tonight, which can immediately generate the physical changes that the plan was intended to produce uh in the first place. The form-based code adopted by City Council last month, explicitly recognizes the importance of catalyst projects in this in the station area plan as major projects that provide the right kind of development for sites that can really leverage their proximity to the the bus rapid transit station while locking in public benefits and traffic mitigation and other infrastructure uh commitments for the community.
openpublica.com