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HomeMy WebLinkAboutD_Solera_MinorMod_BlockA-BlockB_Phasing_230308DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT A. ADMINISTRATIVE MODIFICATION REPORT & DECISION Decision: []APPROVED ® APPROVED SUBJECT TO CONDITIONS ❑ DENIED Report Date: March 8, 2023 Project File/Name: PR18-000333 Solera Master Plan Land Use File Number: LUA20-000305, MOD Project Manager: Matt Herrera, Current Planning Manager Owner/Applicant: Tom Neubauer, Solera Manager LLC, 10900 NE 8t" Street, Suite 120, Bellevue, WA 98004 Contact: Dalton Arndt, DevCo Development, PO BOX 4108, Bellevue WA, 98009 Project Location: 2805, 2822, 2834 Sunset Ln NE; 2950, 2902, 2806 NE Sunset Blvd; 1171 Kirkland Ave NE; 975 NE 12th St Project Summary: The applicant is requesting a minor modification to the previously -approved master site plan that would alter the phasing schedule of Blocks A and B. The result of an approved modification would have Block A completing construction prior to the completion of Block B. Site Area: 10.8 acres Project Location Map D Solera_MinorMod-BlockA-BlockB Phosing_230308 DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F City of Renton Department of Community & Economic Development Administrative Modification Report & Decision PR18-000333 Solera Master Plan LUA20-000305, MOD Report of March 8, 2023 Page 2 of 7 B. EXHIBITS: Exhibits 1-60: Hearing Examiner Decision documents and previous Administrative Minor Modification Exhibit 61: Blocks A and B Phasing Minor Modification Decision Exhibit 62: Modification Request C. PROJECT DESCRIPTION/BACKGROUND The Solera Master Site Plan was initially approved (LUA18-000490) on January 30, 2019, with a previous project applicant. The current ownership group, Solera Manager LLC, proposed changes to the approved master plan that required a major modification as it increased the number of units within the mixed -use buildings to 555 dwellings, which also included 277 affordable units, and decreased to the fee simple townhome count to 96 units. The major modification also increased the vehicle parking to a total of 1,024 off-street spaces, altered the on -street parking along NE Sunset Blvd to a diagonal orientation, and increased the width of the Sunset Lane NE/Jefferson Ave NE and NE 111" St.to 59 feet to accommodate parking on both sides of the street (Exhibits 1-56). The City's Hearing Examiner issued approval of the major modification to the master site plan and site plan review approval to Blocks A and B on March 14, 2021 (Exhibit 57). On August 19, 2021, a minor modification to the master plan was issued (Exhibit 58) that increased the total unit count to 590 units. The modification also designated the affordable units to be within Block A and market rate units within Block B. Block A would provide 275 affordable units and Block B would provide 315 market rate units. The increase in units also resulted in an increase of off-street vehicle parking for a total of 1,088 spaces. The phasing of the master plan was altered to Block B and the master plan's site infrastructure to occur in Phase 1 and Block A would begin in Phase 2 (Exhibit 60). No changes were made to the townhome Blocks C and D in Phase 3. The applicant has started construction on Phases 1 and 2 concurrently with concrete podiums for both Blocks A and B completed and wood framing beginning on each building. The applicant has requested to modify Hearing Examiner Condition 1.d that required the market rate block (Block B) to be completed in Phase 1. Due to the financing structure of the affordable block (Block A) and efficiencies related to the subcontractors in the post podium vertical construction, the applicant has requested to focus framing and finishing work on the north and south tower of Block A. Based on the applicant's modification request justification (Exhibit 62), Block A would then be completed first and Block B would completed six (6) months later. D. FINDINGS OF FACT (FOF): 1. The City's Department of Community and Economic Development accepted the above master application for review and determined it complete on February 17, 2023. The project complies with the 120-day review period. 2. The applicant's submittal materials comply with the requirements necessary to process the modification request (Exhibit 62). 3. The project site is located 2805, 2822, 2834 Sunset Ln NE; 2950, 2902, 2806 NE Sunset Blvd; 1171 Kirkland Ave NE; 975 NE 12th St. 4. The project site was the former Greater Hi -Lands Shopping Center. The site is currently under construction with Blocks A and B along with the master plan's supporting infrastructure. D Solera MinorMod BlockA-BlockB_Phasing_230308 DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F City of Renton Department of Community & Economic Development PR18-000333 Solera Master Plan Report of March 8, 2023 Administrative Modification Report & Decision LUA20-000305, MOD Page 3 of 7 5. Access to the site would be provided via NE 10th Street, NE Sunset Blvd, NE 121h St, and Harrington Place NE. A new internal street alignment would extend from NE 101h St and align with Jefferson Ave NE and extend from Harrington Place NE and connect to NE Sunset Blvd. 6. The property is located within the Commercial & Mixed Use (CMU) Comprehensive Plan land use designation. 7. The site is located within the Center Village (CV) zoning classification. 8. There were 31 trees located on -site, of which 13 are identified a significant trees. The applicant has removed all trees and will replace per the project's approved landscape plan. 9. There are no critical areas on the subject property. 10. The site is located in the Sunset Planned Action EIS area. Environmental review for the the area identified in the Planned Action Ordinance has already been completed. The Environmental Review Committee has issued a Concurrence Memorandum indicating the Solera Master Plan is a planned action. 11. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 12. Site Plan Modification Analysis: The applicant is requesting a minor site plan modification to Condition 1.d of the approved Solera Master Site Plan and Site Plan Review for Blocks A and B. The condition states "The Applicant shall complete the project phases in the sequence of the updated phasing plan as provided in Exhibit 15. If market rate and affordable units are not distributed as identified in the Standstill Agreement, but are instead one (1) standalone market rate block and one (1) standalone affordable block, then the standalone market rate block shall be Phase 1. Construction of Phase 2 may proceed concurrently with Phase 1. Phase 3 townhome construction shall not begin until the building permits for Phase 1 have been paid for by the Applicant and issued by the City. One block of Phase 3 townhome construction (north or south of NE 11th St) may begin following building permit issuance of Phase 1. The second block of Phase 3 townhomes may begin following building permit issuance for the second mixed use building in Phase 2. Certificates of occupancy for the townhomes will not be issued until the podium and framing for Phase 1 has passed inspection. (Modified Condition # 18)." The applicant has requested to complete affordable block (Block A) first and the market rate block (Block B) shortly thereafter. The applicant has indicated that Block B would be completed approximately six (6) months following the completion of Block A (Exhibit 62). The Hearing Examiner decision issued March 14, 2021 for the Solera Master Site Plan major modification provided specific threshold criteria in the table below to determine whether any modification(s) to the decision would be considered major requiring a new application, or minor in which case an administrative decision would be issued. The proposed project changes will be reviewed as a minor modification by administrative determination, if the proposed changes do not: Compliance Modification Criteria and Analysis a. Involve more than a ten percent (10%) increase or decrease in any measurable aspect of the approved plan such as, but not limited to, area, scale, building height, density, commercial area, amenities, public or private open space, landscaping, ✓ parking spaces, building materials (e.g., glazing) etc. Staff Comment: The proposed modification would not increase or decrease any measurable aspect of the approved plan. The overall project remains as approved by the Hearing Examiner and previous minor modification. The current modification is D Solera MinorMod BlockA-BlockB_Phasing_230308 DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F City of Renton Department of Community & Economic Development Administrative Modification Report & Decision PR18-000333 Solera Master Plan LUA20-000305, MOD Report of March 8, 2023 Page 4 of 7 limited in scope to the timing of completion of Blocks A and B and does not affect the end result of the completed overall master plan. b. Have a significantly greater impact on the environment and/or public facilities than the approved plan. Staff Comment: The proposed modification would not have a substantially greater impact on the environment or public facilities. Construction of the project would be ongoing as proposed in the master plan, with only the completion of Blocks A and B altered by six (6) months. c. Change the boundaries of the originally approved plan. Staff Comment: The proposed modification would not alter the boundaries of the approved plan. d. Substantially alter a key feature of the approved plan. Staff Comment: The Solera project had a number of key features identified in Conclusion #11 of the Staff Report to the Hearing Examiner (Exhibit 1) including the provision that Blocks A and B and the master plan's site infrastructure were to be constructed in the initial phases. Additionally, it was made clear in the Hearing Examiner's decision that should the market rate and affordable units be segregated in separate blocks in the future, that the market rate block, which is now Block B, be completed as part of Phase 1. The applicant has constructed both Blocks A and B concurrently and each block continues to move to the post concrete podium phase of construction. Staff finds the request to modify the phasing schedule as proposed by the applicant reasonable as it increases construction efficiency on this large scale project and considerable work has already been completed on Block B. The applicant has provided a schedule that indicates Block B would be finished six (6) months following the completion of Block A. In order to ensure the spirit of the condition remains and the market rate units are Compliant if completed within a reasonable amount of time after the affordable units, staff condition of recommends Condition 1.d to be modified as follows: approval is met The Applicant shall complete the project phases in the sequence of the updated phasing plan as provided in Exhibit 4560, with the exception of Temporary Certificate of Occupancy limitations noted below. If Fner-ket fate and e&r-dable units are net Week (1) Week-, then the mar-ket Fate and ene standalene a&r-dable standalene market rat bloc' shall be Phase '. * Construction of Phase 2 may proceed concurrently with Phase 1. The City shall not issue any Temporary Certificates of Occupancy for Block A North and South Towers until the roofs have been fully installed on Block B East and West Towers, Phase 3 townhome construction shall not begin until the building permits for Phase 1 have been paid for by the Applicant and issued by the City. One block of Phase 3 townhome construction (north or south of NE 11th St) may begin following building permit issuance of Phase 1. The second block of Phase 3 townhomes may begin following building permit issuance for the second mixed use building in Phase 2. Certificates of occupancy for the townhomes will not be issued until the podium and framing for Phase 1 has passed inspection. (Modified Condition # 18). *Note that language was struck as no longer applicable based on the previous minor modification that identified the affordable and market rate units would be located D Solera MinorMod BlockA-BlockB_Phasing_230308 DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F City of Renton Department of Community & Economic Development PR18-000333 Solera Master Plan Report of March 8, 2023 E. DECISION: Administrative Modification Report & Decision LUA20-000305, MOD Page 5 of 7 within standalone blocks instead of distributed as identified in the standstill agreement. The previous minor modification also included a modified phasing plan within Exhibit 60 replacing the previous Exhibit 15. The proposal does not exceed minor modification threshold criteria pursuant to the Hearing Examiners decision if all conditions of approval are met. The proposal satisfies all four (4) criteria listed in Condition #21.b of the Solera Master Site Plan Major Modification decision issued March 14, 2021 if all conditions of approval are met. Therefore, the Solera Master Site Plan and Block A and Block B Site Plan Review modification File No. LUA20- 000305, MOD, is approved and is subject to the following conditions: 1. Condition 1.d of the March 14, 2021 Solera Master Plan Decision is modified per the following: The Applicant shall complete the project phases in the sequence of the updated phasing plan as provided in Exhibit 60, with the exception of Temporary Certificate of Occupancy limitations noted below. Construction of Phase 2 may proceed concurrently with Phase 1. The City shall not issue any Temporary Certificates of Occupancy for Block A North and South Towers until the roofs have been fully installed on Block B East and West Towers. Phase 3 townhome construction shall not begin until the building permits for Phase 1 have been paid for by the Applicant and issued by the City. One block of Phase 3 townhome construction (north or south of NE 11th St) may begin following building permit issuance of Phase 1. The second block of Phase 3 townhomes may begin following building permit issuance for the second mixed use building in Phase 2. Certificates of occupancy for the townhomes will not be issued until the podium and framing for Phase 1 has passed inspection. (Modified Condition # 18). 2. The applicant shall comply with all remaining conditions of approval from the Solera Master Plan Modification to Master Plan, Site Plan and Preliminary Plan, and Street Modification Hearing Examiner's decision dated March 14, 2021. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: E DocuSigned by: ngie Mathias on behalf of Vanessa Dolbee ABC8F272D372475... for Vanessa Dolbee, Planning Director 3/8/2023 1 4:37 PM PST Date TRANSMITTED on March 8, 2023 to the Owner/Applicant and Contact: Owner/Applicant: Contact: Tom Neubauer Dalton Arndt Solera Manager LLC Devco Development 10900 NE 8th Street, Suite 120, PO Box 4108 Bellevue, WA, 98004 Bellevue, WA 98009 D Solera MinorMod BlockA-BlockB_Phasing_230308 DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F City of Renton Department of Community & Economic Development PR18-000333 Solera Master Plan Report of March 8, 2023 TRANSMITTED on March 8, 2023 to the Parties of Record: Paul Russo partinker@gmail.com John Stiefel 10919 Glen Acres S, Unit D Ann M. Gygi ann.gygi@hcmp.com Corey Watson 15900 SE EASTGATE WAY, #300 Eric Deleeuw edeleeuw@pts-tools.com DAVID G+LAUREL G TYLER 4612 NE 17TH PL Joshua McGrew joshkm@gmail.com Louise Anderson ul2k@vahoo.com Barbara Underwood 1100 Harrington NE Apt 304 LLC C/O JSH Properties 20415 72ND AVE S, #180 Ralph M Evans 1414 MONROE AVE NE, APT 234 Gary Kriedt gary.kriedt@kingcounty.gov Mark Gropper mrg@rentonhousing.org TRANSMITTED on March 8, 2023 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Director Gina Estep, Economic Development Director Matt Herrera, Current Planning Manager Nathan Janders, Development Engineering Manager Anjela Barton, Fire Marshal Administrative Modification Report & Decision LUA20-000305, MOD Page 6 of 7 Mark Santos -Johnson msantosjohnson@rentonwa.gov Andrew Grueter <ecotours@duwamishtribe.org Jeremy Febus jeremy.febus@kpff.com Paul Russo 1217 JEFFERSON AVE NE Dan Benapfl dbenapfl@gmail.com Diane Dobson diane@gorenton.com K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on March 22, 2023. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at citvclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk's Office, citvclerk@rentonwa.gov. EXPIRATION: The Modification decision will expire two (2) years from the date of decision. A single one (1) year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. D Solera MinorMod BlockA-BlockB_Phasing_230308 DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F City of Renton Department of Community & Economic Development Administrative Modification Report & Decision PR18-000333 Solera Master Plan LUA20-000305, MOD Report of March 8, 2023 Page 7 of 7 THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. D Solera MinorMod BlockA-BlockB_Phasing_230308 DocuSign Envelope ID: 7B0468D5-05FF-424C-BE5E-6F57A941153F ' CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE MODIFICATION REPORT & DECISION EXHIBITS Project Name: Land Use File Number: PR18-000333 Solera Master Plan LUA20-000305, MOD Date of Report Staff Contact Project Contact/Applicant Project Location March 8, 2023 Matt Herrera Dalton Arndt 2805, 2822, 2834 Sunset Ln Current Planning DevCo Development NE; 2950, 2902, 2806 NE Manager PO BOX 4108, Bellevue WA, Sunset Blvd; 1171 Kirkland 98009 Ave NE; 975 NE 12th St The following exhibits are included with the Administrative Modification Report: Exhibits 1-60: Hearing Examiner Decision documents and previous Administrative Minor Modification Exhibit 61: Blocks A and B Phasing Minor Modification Decision Exhibit 62: Modification Request