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HomeMy WebLinkAboutHEX Memo_09-151_4-11-17DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: April 11, 2017 TO: Phil Olbrechts, Hearing Examiner FROM: Vanessa Dolbee, Current Planning Manager SUBJECT: Quendall Terminal, LUA09-151 Following the canceled public hearing from April of 2016, the Applicants have requested the City consider a Development Agreement. As such, this memorandum addresses the Development Agreement and changes to the project which result from the proposed Development Agreement. This memo is intended to supplement the staff report to the Hearing Examiner which was issued in April of 2016, for the original scheduled hearing date of April 19, 2016. Only those items identified below have been changed and/or are proposed to be changed from the original staff report. Updated Project Description: The applicant has requested approval of Master Plan Review, Binding Site Plan, Shoreline Substantial Development Permit and a Development Agreement for a mixed- use development located at 4350 Lake Washington Blvd. The site is 21.46 ac and is zoned COR and located within the Urban Shoreline designation. The 21.46 -acre site would be divided into 7 lots of which 4 would contain mixed -use buildings. The Enhanced Alternative would contain 692 residential units (resulting in a net residential density of 40.95 units/acre), 42,190 sq. ft. of commercial uses [retail and restaurant], 1,352 parking spaces and 12.9 acres of parks/open space. All buildings are designed to be constructed as 3 – 5 stories over one parking/commercial level. The applicant has proposed to dedicate 3.65 acres for public right -of-way, which would provide access to the 7 proposed lots. The site contains approximately 0.81 acres of wetlands and 1,583 linear feet of shoreline along Lake Washington. The subject site has received a Superfund designation from the U.S. Environmental Protection Agency (EPA) and the property owners are currently working on a remediation plan with EPA. The proposed Development Agreement and associated Enhanced Alternative primarily include the following: 1.3 acres of public park space, additional retail/restaurant/office space and street activation (fountains, artwork, etc.), the addition of either a public dock/pier and/or an alternative approved by the EPA to allow for public access to Lake Washington, Building SW4 would be 4-stories, building SW3 would 5-stories, and all the remaining buildings would be 6-stories, and Extension of Land Use Permit approval term to 10-years with possible extension opportunities in which development regulation vesting would be maintained. Phil Olbrechts, Hearing Examiner Page 2 of 7 April 11, 2017 The following Exhibits should be added to the Recorded: Exhibit 19 – Memorandum to Hearing Examiner, April 11, 2017 Exhibit 20 – Draft Development Agreement Exhibit 21 – Consistency Analysis Exhibit 22 – Notice of Issuance of Consistency Analysis Exhibit 23 – Councils Motion to defer the Development Agreement Public Hearing Findings of Fact (FOF): (the following FOF’s are identified with letters to eliminate and confusion with the original staff report) a. On March 16, 2017 an Enhanced Alternative and Development Agreement (Exhibit 20) was submitted to the City to consider. The Enhanced Alternative would contain 692 residential units (resulting in a net residential d ensity of 40.95 units/acre), 42,190 sq. ft. of commercial uses [retail and restaurant], 1,352 parking spaces and 12.9 acres of parks/open space. All buildings are designed to be constructed as 3 – 5 stories over one parking/commercial level. The proposed Development Agreement and associated Enhanced Alternative primarily include the following:  The addition of 1.3 acres of public park space;  Additional retail/restaurant/office space and street activation (fountains, artwork, etc.)  The addition of either a public dock/pier and/or an alternative approved by the Environmental Protection Agency (EPA) to allow for public access to Lake Washington;  Building SW4 would be 4-stories, building SW3 would 5-stories, and all the remaining buildings would be 6-stories;  Extension of Land Use Permit approval term to 10-years with possible extension of 5 years in which development regulation vesting would be maintained.  A SEPA transportation re-evaluation requirement at 5 year increments. b. The Enhanced Alternative and the associated Development Agreement is the sole proposal being advanced at this time. Because the Enhanced Alternative relies upon City Council approval of the Development Agreement, Exhibit 20, the Master Site Plan, Binding Site Plan and Shoreline Permit decision shall be contingent upon the City Council approval of the Development Agreement . If the Development Agreement is not approved by City Council, the record should be reopened and another public hearing for the purpose of reconsidering the decision utilizing the Preferred Alterative analyzed in the April 2016 staff report to the Hearing Examiner should be completed. c. On March 20, 2017 the Environmental Review Committee issued an EIS Consistency Analysis for Development Agreement and the associated Enhanced Alternative (Exhibit 21 and 22). The Environmental Consistency Analysis determines that the impacts of development under the Enhanced Alternative are within the impacts analyzed under the EIS alternatives in the past SEPA review. Phil Olbrechts, Hearing Examiner Page 3 of 7 April 11, 2017 No new mitigation measures are required beyond those identified in the 2015 FEIS and 2015 Mitigation Document, and there are no significant unavoidable impacts that cannot be mitigated. d. A detailed master site plan has not been provided incorporating the changes identified in the Enhanced Alternative. As such, staff recommends as a condition of approval that a final detailed master site plan shall be submitted to the City for Review and Approval by the Current Planning Project Manager that incorporates both the specific changes identified in the Enhanced Alternative and all the conditions of project approval. The final details master plan shall be approved prior to the approval of any site specific site plan review or recording of the binding site plan. e. Staff does not expect that the changes identified in the Enhanced Alternative would impact the analysis and associated recommended conditions of the April 2016 staff report for all Findings of Fact except as follows: i. FOF 23, Zoning Development Standard Compliance, Parking: The total parking stalls proposed in the Enhanced Alternative is 1,352 stalls an increase from the 1,337 stalls proposed in the Preferred Alternative, a 15 stall increases. There is no change in the residential and restaurant space; however there is an increase in retail space from 20,025 SF to 33,190 SF which would result in a maximum of 133 stalls required for the retail space, up from 80 stalls. Together all three uses could require up to 1,469 parking stalls. ii. FOF 23, Zoning Development Standard Compliance, Refuse and Recycling: Based on a proposal for a 9,000 SF of restaurant and 33,190 SF of retail a combined total of 210.95 SF for recyclables deposit areas and 421.90 Sf of refuse deposit areas shall be provided for the overall project. iii. FOF 25, Critical Areas, b.: The reference to “NRD settlements” should be eliminated because the EPA does not approve and is not party to an NRD settlement. Therefore, Condition 44. IV, should be amended to remove the reference to “NRD settlements”. iv. FOF 26, Master Site Plan Review, f. On Site Impacts, Structure and Scale: With the addition of retail/commercial space along the Lake Washington side of the development it is anticipated that the parking garage would no longer be the dominate structure viewed from the Lake or shoreline trail. v. FOF 26, Master Site Plan Review, j. Distinctive Focal Points: The “street activation” identified in the development agreement are anticipated to provide distinctive focal points throughout the development. However, the specifics have not been identified at this time. As such staff recommends as a condition of approval that Public Art, fountains, or other street activation features proposed to be located in the roadways shall be identified with the detailed master site plan and constructed and installed as a part of the associated roadway/infrastructure construction. Phil Olbrechts, Hearing Examiner Page 4 of 7 April 11, 2017 vi. FOF 26, Master Site Plan Review, Phasing: Staff recommends that the project duration be consistent with the time frames established in the Development Agreement, Exhibit 20. vii. FOF 28 Availability and Impact of Public Services, Stormwater: The Development Agreement would extend the project beyond January 1, 2022, as such specific requirements tying compliance with an updated stormwater manual to this date are no longer applicable. Therefore staff recommends that condition of approval 32 of the staff report be removed. The project will be required to comply with all applicable stormwater requirements at the time of building and construction. viii. FOF 28 Availability and Impact of Public Services, Transportation: The Enhanced Alternative is estimated to generate 5,829 daily, 435 AM peak hour and 545 PM peak hour vehicular trips at full buildout. These would represent approximately 173 more daily trips, no net change in AM peak our trips and 15 more PM peak hour trips than the Preferred Alternative. Additionally, the center left-turn lane that was included as a part of Street ‘A’ is eliminated in the Enhanced Alternative. The removal of this turn lane was evaluated by TranspoGroup, in a memorandum dated January 12, 2017, Appendix A of the Consistency Analysis, Exhibit 21. The analysis concluded that the center turn lane is not needed under the Enhanced Alternative because single-lane approaches at each of the Street ‘A’ intersections would provide acceptable traffic operations. As a result condition of approval 44. XIV should be amended accordingly. Additional transportation analysis was included in the EIS Consistency Analysis to evaluate changes in trips from the Preferred Alternative. The Consistency Analysis concludes that transportation impacts of the Enhanced Alternative would be within the range of impacts identified in the DEIS, EIS Addendum and FEIS for the EIS alternatives. With implementation of the project mitigation measures, with or without the I-405 improvements, significant transportation impacts are not anticipated ix. FOF 28 Availability and Impact of Public Services, Parks: The Development Agreement adds 1.3 acre Public Park to the proposal. The hours of public use of the park should be consistent with the public trail and should be determined by the City’s Community Services Administrator. Currently public park hours are dawn to dusk, signage shall be installed identifying that the park is for public use and the hours of public use. The signage shall be reviewed and approved by the Current Planning Project Manager and Parks Planning and Natural Resources Director prior to insulation. An easement for public access shall be recorded on with the binding site plan. Similar to the trail, the park shall be installed prior to Temporary Occupancy of the first building on the site. Phil Olbrechts, Hearing Examiner Page 5 of 7 April 11, 2017 x. FOF 29 Shoreline Substantial Development Permit, Time Requirements for Shoreline Permits: The Draft Development Agreement extends the time for all land use permit applications including the Shoreline Substantial Development Permit. Time frames identified in the Development Agreement should be applied accordingly. f. Condition of Approval 14 should remove the word “east” as this has been included in error. g. Condition of Approval 22 contains a minor error, the word “East” should be “West”. Condition of Approval 22 should be amended accordingly. h. Condition 43 requires an easement be recorded to all for public access for vehicles and pedestrians to cross the King County rail-road right-of-way. This requirement for an easement limits the type of legal documents that could be drafted to accomplish the intended purpose of the condition. As such, this condition should be amended as shown below. i. The word “Public Promenade” should be removed throughout the staff report and replaced with “fire lane and utility maintenance access road” to be consistent with the Consistency Analysis and Development Agreement. Therefore Condition of approval 41. and 44. XVI should be amended accordingly. Conclusions: All conclusions in the April 2016 staff report are to remain except as identified below: 10. The project An expiration date shall be as identified in the Development Agreement, Exhibit 20set by the Hearing Examiner for the Master Site Plan, see FOF 26 . 12. The Development Agreement as drafted in Exhibit 20 is compliant with RCW 36 -70B- 170. New Staff Recommendation: Staff recommends approval of the Master Site Plan, Binding Site Plan, and Shoreline Substantial Permit for the Enhanced Alterative described in Exhibit 19, subject to all the conditions of approval of the April 2016 staff report and any new conditions or modified conditions below. Because the Enhanced Alternative relies upon City Council approval of the Development Agreement, Exhibit 20, staff recommends that the Hearing Examiner add a condition that if the Development Agreement is not approved by City Co uncil, the Hearing Examiner will reopen the record and the public hearing for the purpose of reconsidering the decision utilizing the Preferred Alterative analyzed in the original April 2016 staff report to the Hearing Examiner. Amended Conditions of Approval: 14. The private access at the Barbee Mill Access shall include frontage improvements matching the south side of the access, including a landscaped planter and sidewalk to be provided on the east north side. The new private Phil Olbrechts, Hearing Examiner Page 6 of 7 April 11, 2017 access to be located at the Ripley Lane (Seahawks Way) access shall include 8 feet wide landscape planter and 6 foot wide sidewalk on south side of the access. These off-site improvements shall be designed, permitted, constructed, and substantial complete as determined by the Current P lanning Project Manager and the Construction Inspector, prior to Temporary Occupancy of the first building on the project site 22. East West elevations of the building proposed on Lots 2 and 5 shall be re- designed to reduce to the parking garage walls view from Lake Washington to ensure the structures on the lake maintain a relation to the natural characteristic and site amenities (trail, etc.). Design features could include landscape berming and/or architectural details. Detail design of these buildings shal l be completed at site plan review. 32. Any extension to the project approved beyond January 1, 2022 or building and construction permits submitted that would extend the project beyond January 1, 2022 shall be subject to the updated stormwater manual, in e ffect at the time. 41. A public promenade fire lane and utility maintenance access road along Lake Washington extending along the front of Lots 2 and 5, connecting to Road B terminus and the surface parking at either end shall be incorporated into the design of the buildings on Lots 2 and 5. This promenade fire lane and utility maintenance access road shall feature pedestrian amenities such as furniture, public art, water features, etc. Design of the promenades fire lane and utility maintenance access road compliance with this condition shall be reviewed at the time of lot specific site plan review. 43. An easement shall be secured from King County or other future property owners of the rail-road right-of-way to provided vehicular and pedestrian access to the proposed development across the right-of-way. The easement shall be noted on the final binding site plan and shall be recorded concurrently with the binding site plan. Documentation shall be provided to the City of Renton identifying rights for public vehicular and pedestrian access to the proposed development across the right-of-way. This legal documentation shall be noted on the final binding site plan and shall be recorded concurrently with the binding site plan, if not already recorded. The City of Renton shall have final approval of acceptable legal access documentation. 44. IV. A site plan application, construction permit application or the recording of the Binding Site shall not be submitted to the City for Review and approval prior to a Record of Decision (ROD) and NRD Settlement completed by the EPA. A copy of the final ROD and NRD Settlement issued by the EPA shall be submitted to the City of Renton to verify the assumed baseline assumptions were correct and additional SEPA review or major project changes are not necessary as required in Mitigation Measure C10. Phil Olbrechts, Hearing Examiner Page 7 of 7 April 11, 2017 44. XIV. A transportation study shall be completed to analyze the need for a center turn lane in Road A. Depending upon the outcome of this study, Road A street designs shall be amended to remove the center turn lane accordingly and the design shall be reflected on the required updated site plan, as conditioned above under XIII. 44. XVI. If the EPA ROD and any NRD settlement eliminates the significant public access from the project, which includes: 1) A shoreline trial with viewpoints, interpretive signage, and amenities as identified in the Mitigation Document; 2) A public promenade fire lane and utility maintenance access road along the lake side of the development of Lots 2 and 5; 3) Large plazas at the terminus of Road B; and 4) Public parking a new public access plan shall be submitted identifying compliance with the significant public access standards of the Shoreline Master Program. The new public access plan shall be reviewed and approved by the Current Planning Project Manager New Conditions of Approval: (The following numbering picks up at the end of the April 2016 staff report.) 45. An easement for public park access shall be recorded with the binding site and public access shall be noted on the binding site plan prior to recording. 46. Public park signage shall be installed identifying that the park is for public use and the hours of public use. The park signage shall be reviewed and approved by the Current Planning Project Manager and the Community Services Administrator with the construction permit application. The park and associated signage shall be installed prior to Temporary Occupancy of the first building on the project site. 44. XVIII. A final detailed master site plan shall be submitted to the City for Review and Approval by the Current Planning Project Manager that incorporates both the specific changes identified in the Enhanced Alternative and all the conditions of project approval. The final detailed master plan shall be approved prior to the approval of any site specific site plan review or recording of the binding site plan. 44. XIX. Public Art, fountains, or other street activation features proposed be located in the roadways shall be identified with the detailed master site plan and constructed and installed as a part of the associated roadway/infrastr ucture construction. 44. XX. A detailed public park design, identifying compliance with the Development Agreement, shall be submitted for review and approval by the Current Planning Project Manager and the Community Services Department prior to the approval of any site specific site plan review or recording of the binding site plan .