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HomeMy WebLinkAboutEX_19_J_Street_Improvement_Modification_221010_v1 1 Sounders FC Center at Longacres FRONTAGE IMPROVEMENT EXEMPTION / MODIFICATION REQUEST Short Summary: Sounders FC submits this street dedication and frontage improvement exemption request for consideration and approval. City code provides two alternative bases to exempt the proposal from providing right of way dedication and street improvements at this time: under RMC 4-6-060.G.2.e and f. as a complete street exemption or under 4-9-250.D as a modification. Facts: The Sounders FC Site includes two lots that abut approximately 970 linear feet of Oakesdale Ave SW.1 Oakesdale Ave SW is classified as a Principal Arterial street with an existing right-of- way (ROW) width of approximately 90 feet.2 The street has five lanes (two vehicular lanes and a turn lane), separated bike paths running north and south, curbs, and sidewalks running north and south. The City’s complete street standards for Principal Arterial streets requires five lanes and a minimum ROW width of 103 feet. The City’s pre-submittal notes addressed ROW requirements: …half of street improvements as taken from the ROW centerline shall be required and include a minimum 66 foot paved road (33 feet each side), a 0.5 foot curb, an 8 foot planting strip, an 8 foot sidewalk, 2 foot clear space at back of walk, street trees and storm drainage improvements. Dedication of approximately 6.5 feet is required pending final survey.3 The existing road satisfies the 66-foot width. The required 6.5-foot dedication would be necessary to satisfy the City’s “complete street” requirements for 8-foot planting strip, 8-foot sidewalk, and 2-foot clear space at the back of the sidewalk. In addition to the existing Longacres ROW improvements, the Longacres Campus includes a series of paved access roadways and trails that run north-south and east-west across the Campus. Unico Properties, the new owner of the Longacres Campus, is in the preliminary phases of completing a Campus master plan, which includes the Sounders FC Site. It is anticipated that internal roadways, internal trails, and right-of-way improvements for the Campus will be identified through the master planning process and implemented through subsequent build out. The dedication of right-of-way through this independent proposal could limit design options/flexibility desired by the City and Unico during the master planning process, or be rendered incompatible with the design ultimately approved. Addressing the ROW dedications and improvements during the master plan process will also provide Unico and the City with additional opportunity to consider the numerous trees and critical 1 2005 Longacres Binding Site Plan, lot 21 and 22. Respectively, King County Parcel No. 0886700210 and 0886700220. The parcel south of lot 21 fronting Oakesdale, Lot 20 (King County Parcel No. 0886700200), is not included in this proposal. 2 The 90-foot ROW is depicted on the 2005 Longacres Bindings Site Plan. 3 PRE21-00398, p. 6 (Transportation, Item #1). RECEIVED 10/12/2022 JDing PLANNING DIVISION DocuSign Envelope ID: A56F3DC7-D564-4883-A9F5-21D84A1EE521 2 tree root zones located in this 6.5-foot ROW dedication area, as identified in the Arborist Report prepared by American Forest Management dated August 1, 2022, in the context of the master plan. Code: The Code establishes right-of-way dedication and improvement requirements for proposals where the existing width for the right of way is less than the City’s standards. RMC 4-6-060.C. The standards are applicable when a building permit is applied for, or a short plat or subdivision, RMC 4-6-060.C, although exemptions apply for new construction less than $150,000, and for interior remodels of any value that do not include building additions. RCM 4-6-060.D.1-2. The City’s presubmittal notes identified RMC 4-6-060 applying to this proposal, although the City’s preliminary determination was not informed by a complete project submittal.4 For purposes of the proposal, this request is for the City to exempt the current proposal from the provisions to dedicate additional right of way and construct certain street improvements for the reasons stated below. 1. Exemption Request under RMC 4-6-060: The City’s complete street standards set forth in RMC 4-6-060.G trigger street frontage dedications. The Code establishes two applicable exemptions from the complete street standards and the associated right-of-way dedications: • “Where trails in common areas are provided in lieu of sidewalks …”; or • “Where the Administrator grants a documented exemption which may only be authorized in specific circumstances where conditions warrant.” Pursuant to 4-6-060, this exemption request proposes to continue to rely on the existing trail network in combination with the existing sidewalks, in lieu of providing the 6.5-foot ROW dedication and constructing the complete street improvements (RMC 4-6-060.G.2.e). The existing combination of sidewalk and trails has been adequate to provide safe and convenient access and circulation for pedestrians and bicycles from the street to a fully occupied Building 25-20, and between Building 25-20 and nearby buildings and transit options. As a separate basis to exempt the current proposal, the Administrator may acknowledge that the landowners future master planning efforts constitute “specific circumstances” that warrant an exemption for the current proposal. The Sounders FC will be Lessee for only a portion of Building 25-20, and Unico will remain the property owner. (RMC 4-6-060.G.2.f). Exempting the dedication now would support the opportunity for more comprehensive and better designed multi-modal improvements to be provided in a more cost-effective manner, and with less disruption to the Site. The Longacres Campus master planning efforts will likely result in supplemental internal multi- modal connections and ROW dedications/improvements. The dedication of ROW now could work at cross-purposes with the planning and broader redevelopment of the Longacres Campus by restricting the placement of buildings or other improvements identified through the master planning process. This proposed exemption also allows the City to plan for and address the complete frontage of Oakesdale Ave SW along the Campus, not just the 970 linear feet abutting 4 It is unclear to the applicant whether RMC 4-6-060 applies under the circumstances presented here. In deference to the City, however, the applicant has determined to apply for an exemption under 4-6-060.G. If the complete street provisions do apply to the proposal, the applicant believes that the proposal qualifies for an exemption for the reasons stated in this request, but reserves for the record the right to contest applicability. DocuSign Envelope ID: A56F3DC7-D564-4883-A9F5-21D84A1EE521 3 lots 21 and 22, and retains flexibility for determining whether specific improvements are better located to the east of Oakesdale (which abutting parcels are also owned by Unico). 2. Alternative Modification Request under RMC 4-6-290: Alternatively, the Sounders FC requests a modification for the ROW dedications and improvements under RMC 4-6-290.D. The proposal satisfies the modification approval criteria set forth in RMC 4-6-290.D.2. The following discussion addresses the general modification criteria for an exemption from the ROW dedication and improvement requirements, and how the proposal meets each criteria. Whenever there are practical difficulties involved in carrying out the provisions of Title IV, the Department Administrator may grant modifications for individual cases if there are specific reasons that the strict application of the code is impractical, the intent and purpose of the governing land use designation of the Comprehensive Plan is met, and the modification is in conformity with the intent and purpose of the Code, and that the modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; As discussed in the CUP Justification analysis, the proposal substantially implements the goals and policies of the Comprehensive Plan Land Use Element and Community Design Element (and other elements of the Comprehensive Plan). The modification is the minimum necessary to keep options and alternatives open for the forthcoming Longacres Master Plan, which will provide the ROW dedication and improvements along Oakesdale. The existing trails and sidewalks provide functional pedestrian and bicycle access and circulation, and it would be impractical to demolish them and rebuild when a comprehensive review and associated improvements is anticipated, which may direct a different design or layout. b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; The existing road, sidewalk, and bike lanes satisfy the safety, function, appearance, and maintainability. The retention of trees in the ROW and potential dedication area until further planning occurs satisfies the City’s environmental protection objectives. c. Will not create substantial adverse impacts to other property(ies) in the vicinity; No substantial adverse impacts will occur to other property. There will be no change to the existing environmental baseline and the existing transportation facilities meet all transportation-related demands of this proposal and the existing uses in the area. The immediate and adjacent surrounding area is in mutual ownership with the Site for the proposal. The single ownership enables a transportation master planning effort that benefits the Longacres Campus as a whole and will not create substantial impacts to other properties in the vicinity. DocuSign Envelope ID: A56F3DC7-D564-4883-A9F5-21D84A1EE521 4 d. Conforms to the intent and purpose of the Code; and The proposal is to defer the ROW dedication and improvements during the ongoing master planning process, so that they can be designed to best conform with the intent and purpose Code. The master planning process will allow for a careful analysis of various transportation concepts, ROW dedication/improvements, and tree retention options that best satisfy the intent of purpose of the Code. It would be impractical to require dedication and build-out of certain non-conforming street elements now, which may not match the desired outcome of the master planning process. e. Can be shown to be justified and required for the use and situation intended; (Ord. 4517, 5-8-1995; Ord. 4802, 10-25-1999; Ord. 5100, 11-1-2004; Ord. 5137, 4-25-2005; Ord. 5369, 4-14-2008; Ord. 5981, 10-12-2020) The requested modification is justified considering the broader Longacres master planning process. The existing facilities are functional and meet the demands for the proposed use and the existing uses in the area. DocuSign Envelope ID: A56F3DC7-D564-4883-A9F5-21D84A1EE521