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HomeMy WebLinkAboutHEX Recommendation 5-11-171 2 3 4 5 6 7 g BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON 9 10 Quendall Terminals RECOMMENDED FINDINGS OF FACT, I 1 Master Plan, Binding Site Plan, Shoreline and CONCLUSIONS OF LAW AND RECOMMENDATION IZ Substantial Development Permit 13 LUA09-151, ECF, EIS, SA-M, SM 14 I S Summary 16 The applicant has requested approval of Master Plan Review, Binding Site Plan, Shoreline 17 Substantial Development Permit and a Development Agreement for a mixed-use development located at 4350 Lake Washington Blvd. The project includes 692 dwelling units, 42,190 sq. ft. lg of commercial uses [retail and restaurant], 1,352 parking spaces and 12.9 acres of parks/open space. It is recommended that the City Council approve all permit applications and the 19 development agreement. 20 The applicant and staff have undergone a monumental effort in assuring that the proposed 21 development is compatible with surrounding uses and sensitive to the environmental constraints of its challenging location. Since the applicant first filed his applications on November 18, 2009, 22 the project has been transformed from a proposal involving 800 dwelling units, 245,000 syuare feet of office space and 30,600 square feet of retail/restaurant to the current proposal of no office 23 space and 108 less dwelling units. In order to enhance shoreline access,open spaces,landscaping, 24 view corridors and transportation improvements, staff have imposed 137 mitigation measures composed of 46 recommended in the staff report and 91 resulting from the environmental review. 25 The Draft Environmental Impact Statement and Draft Environmental Impact Statement Addendum drew 88 comment letters and the Final Environmental Impact Statement was 26 appealed. By the date of the April 18,2017 hearing,the appeal had been withdrawn and only five members of the public appeared to testify. Two of the speakers, neighbors, spoke in favor of the MASTER PLAN, BINDING SITE PLAN, SSDP and DA 1 1 project. 2 One of the primary reasons that permit processing has taken almost eight years is because the 3 project site is an Environmental Protection Agency ("EPA") superfund site. The project site is the location of a former creosote manufacturing facility that operated from 1917 to 1969. In the4 past, coal tars and creosote have contaminated soil, groundwater, surface water and lake 5 sediments. The EPA is conducting a remedial investigation and feasibility study to better understand the type and amount of contamination to develop a cleanup plan. The EPA's process is a separate process then the City's land use review. Currently the site is vacant. However, the City worked with the EPA to define the baseline assumptions that would result from the cleanup action specified in the final cleanup remedy. These same baseline assumptions are being used g to evaluate the Binding Site Plan, Master Site Plan and Shoreline Permit. Remediation is anticipated to include remediation of hazardous substances in lake sediments and in some of the 9 upland portions of the site, including placement of a soil cap across the project site and shoreline restoration in a 100-foot shoreline buffer. Potential impacts associated with cleanup/remediation 10 activities will be addressed through the separate EPA process. The analysis of the subject land use permits assume a site after remediation has been accomplished. 11 12 EPA work is continuing and well justifies the need for the proposed development agreement since the remediation work will continue to significantly add to the time necessary to develop the 13 Project. The primary benefit to the applicant in the development agreement is extending permit expiration from five years to ten to fifteen years with associated vesting of development standards 14 during the extended eXpiration period. The expiration periods for the three permit applications is two to five years without the development agreement. In exchange for the extended expiration 15 periods and associated vesting, the developer is offering the addition of 1.3 acres of public park 16 space at the southwest corner of the project site; additional retail/restaurant/office space and street activation (fountains, artwork, etc.); either a public dock/pier and/or an alternative approved by 1 the Environmental Protection Agency (EPA)to allow for public access to Lake Washington; and a SEPA transportation re-evaluation requirement at 5 year increments. The development 18 agreement amenities will add retail space to the waterward side of the project, enhancing the function of a shoreline trail proposed for that area. 19 20 The two largest impacts of the proposal (recognizing that EPA is handling remediation)are traffic and view impairment. The proposal is estimated to generate 5,829 daily, 435 AM peak hour and 21 545 PM peak hour vehicular trips at full buildout. The project site is located next to I-405 and NE 44th street interchange, which currently operates poorly. WSDOT has a funded project to 22 improve and widen it. Traffic impacts were assessed with and without the completion of the WSDOT improvement project. The focus of the analysis is to have persons travelling to the23projectusetheinterchangeinsteadofCitystreets. The WSDOT project is slated to commence in 24 2019 and to be completed in 2024. However,the actual time frame is not certain so it's necessary to assess a scenario where ti e WSDOT project won't be completed. Without the WSDOT project, 25 off-site improvements will necessitate channelization of north and southbound ramp intersections. As to the frontage, Lake Washington Boulevard will be widened and these improvements will 26 have to be coordinated with the WSDOT interchange project. To the south of the project, traffic calming treatments will be placed south of 41st to discourage long distance travel along that MASTER PLAN, BiNDING SITE PLAN, SSDP and DA 2 1 corridor. Increased use of these City streets was a concern raised by a couple people testifying at 2 the hearing on the proposal. The applicant's traffic engineer testified that the off-site mitigation will effectively prevent people from using City streets to the south as opposed to I-405. Even 3 with the current congestion, according to the project engineer, it's still faster to use I-405 than the 4 City streets to the south of the project. 5 View impacts were extensively addressed in both the Draft Environmental Impact Statement and the Draft Environmental Impact Statement Addendum. There is little question that the multiple six story buildings will partially impair the water views of residents of the Kennydale neighborhood. However, the maximum building proposed building height is 64 feet and the applicable COR zone authorizes heights of 125 feet. The adjoining Seahawks facility has a g building that is 115 feet in height. To mitigate the view impacts,the proposal includes a widened central road(Road B)to serve as a Lake Washington view corridor and also setbacks to adjoining 9 properties to the north and south that significantly exceeds applicable setback reyuirements. 10 Testimony 11 Note: This summary should not be considered a part of the Examiner's Recommendation. It is solely1 provided for the convenience of the reader,for an overview of testimony. Nothing in this summary 13 should be construed as a Finding of Fact or Conclusion of Law, or sign ing any priority or importance to the comments of any ind vidual. No representations are made as to accuracy. For an 14 accurate rendition of the testimony, the reader is referred to the recording of the hearing. 15 Staff Opening Presentation: 6 Vanessa Dolbee, City of Renton Planning Manager, summarized the staff report. In response to 1 examiner questions, Ms. Dolbee stated that as shown in Ex. 23,the City Council expressly authorized the hearing examiner to hold the public hearing on the binding site plan on their behalf on April 4. 1 g Ms. Dolbee noted that the examiner is only making a recommendation on the development agreement. Ms. Dolby noted that through the development agreement the applicant is requesting an extended time 19 frame for development in exchange for enhanced benefits. Ms. Dolbee noted that depictions of the site in the PowerPoint are only artistic renderings of what the project site will generally look like and20thatprecisedetailsofdesignwillbereviewedandapprovedduringsubsequentsiteplanreview. The 21 heights of the proposed buildings are tiered with the tallest buildings oriented towards the center and north of the project. 22 The development agreement gives the applicant an extended time frame for development (ten to 23 fifteen years instead of five years) in exchange for project enhancements, hence the proposal is now referred to as the "enhanced alternative." The development agreement allows transportation to be re-24 evaluated every five years. The development agreement vests the development as of February 10, 25 2010 for the term of the agreement. The term of the development agreement starts the earlier of either when the City approves the permit applications or when the Environmental Protection Agency 26 ("EPA") issues a Record of Decision ("ROD"). There's an option to extend the term from ten to fifteen years. The enhancements include a 1.3-acre park, public access to the lake that is ideally a MASTER PLAN, BINDING SITE PLAN, SSDP and DA 3 1 dock or pier dependent upon the EPA ROD, added retail space and street activation such as fountains. 2 The site is a former creosote facility and was subseyuently designated a superfund site. The EPA will be issuing a ROD for the clean-up of the site. In order to review the project, the City had to ascertain3howtheprojectsitewouldbeconfigured ("baseline assumptions") as a result of the clean-up effort. In that regard, the City had to work with EPA to ascertain the baseline assumptions. The baseline4 assumptions include remediation of shoreline and upland soils, a soil cap and a 100-foot shoreline 5 buffer. The City's review is based upon the assumption that there is no contaminated soil and that the clean-up has been completed as required by the EPA. 6 There are a total of 64 conditions imposed upon the project. The conditions defer a lot of review to site plan review, particularly for design review. Conditions 20 and 21 address perimeter setbacks. g There is a 100-foot setback from the ordinary high water mark, a 40-foot setback from Barbee Mill and a 38-foot setback from tt e Seahawks training facility to the north. There is a 70-foot view corridor 9 width for Road B and an 80-foot view corridor width for the semi-private plaza spaces. Pursuant to Condition 27, Lots 1 and 6 are designed to accommodate the re-created critical areas required by the 10 EPA Record of Decision. If the lots don't have sufficient area for the critical areas,they proposal will have to be amended. Condition 41 requires a fire lane along the lake side of the project and a looped11Waterline. The buildings will have to be shifted south to accommodate this requirement. 12 In response to examiner questions, Ms. Dolbee noted that staff doesn't consider a re-opening of the 13 hearing in response to denial of the development permit to be a second hearing prohibited by the Regulatory Reform Act, but rather a continuation of the same hearing. Further, staff leaves it to the 14 discretion of the examiner on whether his review of the master plan, shoreline permit and binding site plan is a recommendation to the City Council as opposed to a final decision appealable to the CityISCouncil. 16 Applicant Presentation: 17 Ann Gygi, Applicant's attorney, identified the permits subject to review and the vested regulations. 18 She noted that no shoreline variance or shoreline conditional use permit is required for the project. She noted the hearing consolidates the master plan, binding site plan and shoreline permits. The19applicanthastheburdenofproofinestablishingconsistencywithdecisioncriteria. The examiner is 20 also holding a hearing on the development agreement and the City Council will make the final decision on the development agreement. The project includes public benefit enhancements that far exceed 21 minimum requirements in exchange for extended development review under the development agreement. 22 Robert Cugini, applicant, testified that he is part of a joint venture that owns the Quendall terminal23 property. His family jointly purchased the property in 1971. It was initially used as a log storage 24 yard. His family did not cause the contamination of the site. The contamination was caused by the prior creosote operation. His family had redeveloped the Barbee Mill property and had also owned 25 the Seahawks property to the north. The ownership group wholeheartedly supports the development agreement. The challenge of working with both the EPA for the clean-up and the City for permit 26 review has taken years and a development agreement is needed to ensure that the project and remediation can be completed prior to permit expiration. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 4 1 2 Larry Toedtli, project engineer, noted that the project has been subject to extensive transportation mitigation, including both on and off-site roadway improvements, a transportation demand 3 management program designed to reduce trip generation, payment of transportation impact fees, and compliance with City concurrency regulations. The project site is located next to the I-405 and NE444thstreetinterchange, which currently operates poorly. The Washington State Department of 5 Transportation ("WSDOT") has a funded project to improve and widen it. Traffic impacts were assessed with and without the completion of the WSDOT improvement project. The focus of the analysis is to have persons travelling to the project using the interchange instead of City streets. The WSDOT project is slated to commence in 2019 and to be completed in 2024. However, the actual time frame is not certain so it's necessary to continue a scenario where the WSDOT project won't be g completed. Without the WSDOT project, off-site improvements will necessitate channelization of north and southbound ramp intersections. As to the frontage, Lake Washington Boulevard will be 9 widened and these improvements will have to be coordinated with the WSDOT interchange project. To the south of the project, in order to minimize southern traffic, traffic calming treatments will be 10 placed south of 415 to discourage long distance travel along that corridor. Mr. Toedtli has concluded that the off-site mitigation will effectively prevent people from using City streets to the south as11opposedtoi-405. Even with the current congestion, it's still faster to use I-405 than the southern City IZ streets. On-site streets will have curb, gutter and sidewalk, and transit and trail access. The transportation demand management program is typical of large projects. It identifies site features and 13 programs to reduce reliance upon single-occupant vehicles. The demand management plan should effectively reduce traffic, especially given the concentrated residential development, which makes it 14 easier to facilitate demand management strategies. The City issued a transportation concurrency certificate in March 2016. The certificate determined that the City's transportation system has15adequatecapacitytoservethedevelopment. Mr. Toedtli has performed transportation engineering 6 for more than 35 years. The volume and quality of transportation mitigation is at the higher end of mitigation he's seen required of development projects, in part due to the extensive transportation 17 information available to the City, such as the work associated with the I-405 WSDOT interchange improvements. The mitigation should be very effective in off-setting traffic impacts. 18 Bob Wells, project architect, testified that he has been on the architect team since 2009. For the last19twoyears, he's been the lead architect in finalizing the enhanced alternative. Project design has been 20 geared towards meeting Renton comprehensive plan and design regulation requirements since the beginning. Key features directed at meeting design standards includes the proposed mix of retail and 21 restaurant use, view corridors, and centralized parking in the ground floors of the buildings. A pedestrian environment is created via features such as Street B, the main street, which is pedestrian 22 oriented with sidewalks wider than required, street trees, canopies, prime retail on both sides of the street and at the west end there's a plaza with restaurants. If you were walking down Street B towards23 the water, you would see retail at the ground floor and residential units above with lobby entries with 24 Lake Washington in the foreground. The restaurant and retail uses are functionally integrated into the project design. The design creates a sense of place due to the scale and location. Not many projects 25 have a promenade and private park. Those types of amenities make it a pedestrian friendly environment. The project is consistent with the City's design standards. 26 Campbell Mathewson,project manager, submitted the applications subject to the hearing. The master MASTER PLAN, BINDING SITE PLAN, SSDP and DA 5 1 plan application encompasses the entire project including building design at a high level, circulation, 2 landscaping and recreation areas. Further refinement will be reviewed during future site plan. The binding site plan includes detailed grades and lot area etc. for building development. The shoreline 3 permit is required for the development within shoreline jurisdiction. The project was put on hold for 4 a year while working on baseline conditions with the EPA and the City. The EPA review is subject to its own public comment period. The applications were submitted in 2009. The original project was 5 800 dwelling units,245,000 square feet of office space in two six story buildings as you came into the project and about 30,000 square feet of retail space. As part of the SEPA process the applicant met 6 with the Barbee Mills and Kennydale Neighborhood homeowner associations, separate members of the public and the Seahawks. Through that process ended with a preferred alternative that was significantly reduced in scale and scope that went from 800 units to 692 units. The 245,000 square g feet of office space was completely eliminated, which significantly reduced parking and traffic impacts. The buildings were moved back and the number of floors were reduced. A year ago, the 9 applicant was ready to move forward with the preferred alternative along with a staff recommendation of approval. However,the applicant then wanted more time to digest the recommendations in the staff 10 report. This resulted in the request for a development agreement, which in turn lead to the waterfront retail and the public park along the southwest corner of the site and the potential for a new dock. The 1 buildings were also set back another 20 feet Mr. Mathewson is familiar with the City's zoning 12 regulations and the project is consistent with those standards. The project could have included buildings 12 stories in height with millions of more square feet, but it has been paired down to be 13 compatible with surrounding development and to address the concerns raised in the SEPA review. Landscaped setbacks, drive lanes and surface parking are used to provide separation from adjoining 14 uses. The project significantly exceeds required setbacks. The setbacks are at a minimum of 90 feet from the Seahawks and 120 feet from Barbee Mills. 15 16 As to recreational demand and livability, Mr. Mathewson noted about 60% of the site is open space for the enhanced alternative, compared to 50% for the preferred alternative. There are courtyards 1 between residential blocks,pedestrian orientation in design,added retail use and restaurants and trails. The applicant will also be paying park impact fees and will also be providing the 1.3-acre public park. 18 The retail uses will flair out along the water side of the development. The public benefits provided by the proposal include taking a former polluted industrial site and putting it to productive use for the19firsttimeindecades. A third of a mile of shoreline will now be open to the public. The restaurants 20 and park is also added public benefit. The applicant is prepared to abide by conditions recommended in the 2016 staff report as revised by the April 11, 2017 memo to the hearing examiner. The Barbee 21 Mill project had a ten-year development agreement. Part of the benefit to the public from the development agreement was the waterside retail that would activate the waterside promenade and the 22 1.3-acre park that would replace surface parking and the potential for a dock. The development agreement also provides for a review of transportation impacts at year five. 23 24 Pubiic Comments: 25 Gary Pipkin, neighbor, has lived close to the project site for 29 years. He has four areas of concern. He believes that Lake Washington Boulevard should remain a 25-mph hour scenic drive. It currently 26 has to twelve-foot wide traffic lanes and needs to remain that way to maintain its scenic drive characteristics. Lake Washington Boulevard West used to be the same thing. Last year it was changed MASTER PLAN, BINDING SITE PLAN, SSDP and DA 6 1 to a 30-mph speed limit and as a result has completely lost is scenic drive character. People are going 2 between 35 and 40 most of the time even though the lanes are still 12 feet wide. If lanes are widened as proposed, then control of traffic is completely lost. His second concern is the buildings. He noted 3 that at four stories the water views of property owners in the lower Kennydale area is limited to a little 4 bit of water and then Mercer Island. Anything more than four stories completely eliminates any view of the water. There is no view left with six stories. The development will appear to be a big box 5 entirely blocking shoreline views unless your property is parallel to the view corridors. The third issue, access roads, is great as shown in the renderings. The only other access that would work would be direct access off of 44th into a traffic light controlled entry into the area. The fourth issue, public access from the shoreline, should include both a boat dock and a seaplane dock. 7 g Julie Varon, neighbor from Barbee Mill, appreciated the large 120 foot buffers. She also appreciated the enhancement efforts at beautification. She would like more effort to be made to masque the 9 parking areas. As to traffic, she agrees that Lake Washington Boulevard shouldn't be widened. She also felt that apartments should be located in the project since it's a mixed-use site and she doesn't 10 want it to be an elitist area. 11 Sherrie Cline, neighbor from Barbee Mill, testified that she abuts the project. Her family and 2 grandchildren visit her all the time. She wants the project to get completed so the contamination can be cleaned up as quickly as possible. 13 Mark Hancock, Kennydale neighbor and a real estate developer, spoke in support of the development 14 agreement and enhanced alternative. He believes it's a great compromise between the needs of the applicant and that of neighbors. He feels staff has done a great job in representing the interests of15residentsandalsothatthedeveloperhasbeenveryaccommodating. 16 Len Reid, neighbor from Barbee Mill, noted that a park and ride and a public trail will be built near 1 the project site. He was concerned about traffic conflicts caused by these facilities, including bicycle safety. He was also concerned that contaminated soils could be displaced towards Barbee Mills during 18 pile driving and that the pile driving would also cause noise and vibration impacts. 19 Staff Rebuttal: 20 In staff rebuttal, Ms. Dolbee noted that it was unclear whether the written comment from Mr. Taylor 21 was for the subject project or for the dredging project that was being reviewed separately that day, so to cover all bases Mr. Taylor's comments were being submitted for both hearings. As to view impacts, 22 a view analysis was conducted for the project and the resulting mitigation recommendations were implemented in the mitigation document. Pile driving impacts were addressed in the EIS and the23 recommended mitigation measures were incorporated into the mitigation document. As to soil 24 contaminants being moved with pile driving,the EPA will be addressing that issue. As to the aesthetic impacts of parking, a condition of approval requires landscape screening of those portions of the 25 parking garage that don't contain retail, office or lobby entrance spaces. The design standards also require further aesthetic buffering during site plan review. ln response to examiner questions, Mr. 26 Dolbee explained that the enhanced alternative will improve upon shoreline views of the parking structure because it will be moved back and retail space will be placed in front of it. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 7 1 Applicant Rebuttal: 2 Tim Flynn, project lead on site clean-up, testified that EPA will require detailed health and safety 3 plans and these plans will ensure that neighboring properties aren't subject to any contamination as a result of the clean-up effort or redevelopment of the project site.4 5 In closing statements, Ms. Gygi noted that the EIS process has taken six years and has brought about a significant reduction in scale and scope of the project and generated a broad range of mitigation measures. The project includes a thorough 2016 staff report along with a 2017 update for the enhanced alternative showing compliance with all applicable criteria. The applicant has agreed to all conditions of approvaL Mr. Toedtli testified that in his 35 years of transportation experience, the project is one g of the most thoroughly mitigated he has encountered. The environmental review committee has found the traffic impacts to be adequately mitigated. The project architect testified that the proposal meets 9 and exceeds the design criteria as applicable to the master plan stage of review. The proposal provides for public access and use of shoreline areas. The development is only required to have 25 foot setbacks 10 and far exceeds that minimum standard with a minimum of 120 feet for the residential side of the project. 11 12 Exhibits 13 Exhibits 1-18 identified at page 2 of the April 11, 2016 Staff Report and Exhibit 19-23 identified at 14 page 2 of the April 11, 2017 Memorandum to Hearing Examiner were entered during the April 18, 15 2017 public hearing. In addition,the following documents were admitted during the April 18, 2017 public hearing as well: 16 Exhibit 24 Email from Examiner to Staff dated April 17, 2017 17 Exhibit 25 Email from Fred Warnock dated April 16, 2017 Exhibit 26 Email from Charles Taylor dated April 15, 2017 g Exhibit 27 City of Renton COR maps and GIS data 19 Exhibit 28 Google Maps Exhibit 29 City of Renton power point 20 Exhibit 30 Notebook dated April 18, 2017 "Vested Development Regulations" Exhibit 31 Notebook dated April 18, 2017 "Supplemental Applicant Exhibits" 21 Exhibit 32 Aerial Photograph with artist rendering of project site Exhibit 33 Larry Toedtli CV 22 Exhibit 34 Bob Wells Resume 23 Exhibit 35 Lance Mueller Resume Exhibit 36 Street B rendering 24 Exhibit 37 June 6, 2016 Site Plan P1.0 Exhibit 38 June 1, 2016 Site Plan P0.0 25 Exhibit 39 April 3, 2017 City Council Agenda Bill for Consolidation of Development Agreement with Land Use Applications 26 MASTER PLAN, BINDING SITE PLAN, SSDP and DA 8 1 2 3 FINDINGS OF FACT 4 Procedural: 5 6 1. Ap licant. Campbell Mathewson, Century Pacific, L. P., 1201 Third Ave, suite 1680, Seattle, WA, 98101 7 g 2. Hearin. A hearing was held on the subject applications on April 18, 2017 at 10:00 am in the City of Renton Council Chambers. The record is left open to consider additional evidence as necessary 9 if the proposed development agreement is denied or modified by the City Council. 10 Substantive: 11 3. Project and Site Descri tpion. The applicant has requested approval of Master Plan Review, 12 Binding Site Plan, Shoreline Substantial Development Permit and a Development Agreement for a mixed-use development located at 4350 Lake Washington Blvd. 13 14 A. ProposaL The 21.46-acre site would be divided into 7 lots of which 4 would contain mixed- use buildings.The proposal would include 692 residential units(resulting in a net residential 15 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 16 constructed as 3 — 5 stories over one parking/commercial level with a maximum building height of 64 feet. The applicant has proposedl to dedicate 3.65 acres for public right-of- 1 way, which would provide access to the 7 proposed lots. Access to the site is proposed via 1 g the development of new internal Roads A— E. The primary site access from public streets is proposed at two locations, one from N 42nd Place and a second from Ripley Lane 19 Seahawks Way). The site contains approximately 0.81 acres of wetlands and 1,583 linear feet of shoreline along Lake Washington. It is anticipated that approximately 53,000 — 20 133,000 cubic yards of fill would be imported to the site. The proposed development agreement will extend the expiration period of the project from five years to ten to fifteen 21 years. In exchange for this amenity, the applicant will provide 1.3 acres of public park 22 space, additional retail/restaurant/office space and street activation (fountains, artwork, etc.), and a public dock/pier and/or an alternative approved by the EPA to allow for public 23 access to Lake Washington. The applicant's binding site plan application was deemed complete by City staff on its submittal date of February 10, 2010. 24 25 26 ' The conditions of approval require all internal streets to be private. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 9 1 B. Site Conditions/Superfund Desi nation. The subject site has received a Superfund 2 designation from the U.S. Environmental Protection Agency (EPA). The property owners are currently working on a remediation plan with EPA. The applicant is proposing to begin 3 construction after the EPA has issued a Record of Decision(ROD) identifying a remedy for clean-up. The anticipated date of this decision is unknown at this time.4 5 The project site is the location of a former creosote manufacturing facility that operated from 1917 to 1969. In the past coal tars and creosote have contaminated soil, groundwater, 6 surface water and lake sediments. Based on this history in 2005 the Department of Ecology transferred the oversight of the Quendall Terminals environmental clean up to the EPA, which designated the project site a Superfund site. The EPA is conducting a remedial g investigation and feasibility study to better understand the type and amount of contamination and develop a cleanup plan. This work is being conducted under the 9 Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA; i.e. Superfund). The EPA's CERCLA process is separate from the City's land use review. 10 Currently the site is vacant. However,the City worked with the EPA (Exhibit 15)to define the baseline assumptions that would result from the CERCLA cleanup action specified in I 1 the final cleanup remedy. These same baseline assumptions are being used to evaluate the IZ Binding Site Plan, Master Site Plan and Shoreline Permit (see Exhibit 2, DEIS Chapter 2, for more details on the baseline assumptions). CERCLA remediation is anticipated to 13 include remediation of hazardous substances in lake sediments and in some of the upland portions of the site(Main Property), including placement of a soil cap across the entire Main 14 Property and shoreline restoration in a 100-foot shoreline buffer. Potential impacts associated with cleanup/remediation activities will be addressed through the separate EPA 15 process and the subject land use permits assume a site after remediation has been 16 accomplished. i C. Environmental Review/"Enhanced" verses "Preferred" Alternatives. The environmental impacts of the proposal were thoroughly assessed in a final environmental impact statement 18 FEIS"), Ex. 2, issued on August 31, 2015. The mitigation measures recommended from the environmental review were compiled into 91 conditions comprising the Mitigation19Document, Ex. 2. Compliance with the conditions of the Mitigation Document is 20 recommended as a condition of approval. Prior to the addition of enhancements proposed for the development agreement, see FOF No. 3(A), the "Preferred Alternative" assessed in 21 an DEIS Addendum, Ex. 2, served as the applicant's development proposal. The preferred alternative was the project reviewed in the April 2016 staff report. With the addition of the 22 development agreement enhancements, the proposal is now referenced by staff and the applicant as the "Enhanced Alternative." City staff determined in the Quendall Terminals23EnvironmentalConsistencyAnalysis, Ex. 21, that the Enhanced Alternative is within the 24 range of development and probable environmental impacts analyzed in the 2010 through 2015 SEPA review of the Quendall terminals project, and no additional mitigation measures 25 are required beyond those identified in the 2015 FEIS and 2015 Mitigation Document. Consequently,the staff report's review of project impacts for the preferred alternative in the 26 April 2016 staff report is applicable to the impacts of the currently proposed "Enhanced Alternative". This recommendation identifies the "Enhanced Alternative" synonymously MASTER PLAN, BINDING SITE PLAN, SSDP and DA 10 1 with the "proposal". 2 4. Surroundin Uses. The project site fronts Lake Washington to the west. Adjoining to the north 3 is the Seahawks training facility and adjoining to the south is the Barbee Mill Development. To the east is the King County East Side Rail Corridor, Ripley Lane(Seahawks Way) right of way, I-405 and4undevelopedCORzonedproperty. 5 5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the project. Environmental impacts have been analyzed and mitigated in detail in a Final Environmental Impact Statement,Environmental Consistency Analysis and a Mitigation Document, Ex. 2. The most significant impacts are individually addressed as follows: g A. Critical Areas. As conditioned, the proposal is designed to comply with the City's critical area 9 regulations. Consequently, it is determined that the proposal will not create significant adverse impacts to critical areas. 10 The project site is mapped with sensitive slopes, seismic hazards,and wetlands on the City Critical11AreasMapandislocatedwithintheshorelinejurisdictionofLakeWashington.Due to the baseline 12 assumptions described above under FOF 3(B) it is anticipated the only remaining critical areas would be seismic hazards following cleanup. Wetland and shoreline restoration would be located 13 in the 100-foot shoreline setback. The outcome of the EPA's ROD would specifically identify the extent and design of the retained/reestablished and/or expanded wetlands and critical areas on the 14 project site. Mitigation Measure B4, Ex. 2, prohibits the proposal from adversely affecting the recreated wetlands and/or their buffers. Once the ROD has been issued and recreated wetlands 15 and other critical areas are known, the proposed impacts to these areas will be specifically 16 reviewed at the time of site plan review for compliance with critical areas regulations. The DEIS assumes wetland buffer averaging would be used to ensure no impacts of wetland buffers on 1 adjacent properties as a result of habitat restoration. The site-specific site plan review should include an analysis of the wetland buffer averaging criteria and the project compliance with the 18 criteria if buffer averaging is used. If the ROD results in the project's inability to comply with the critical area regulations as currently designed and assumed in the baseline conditions (i.e. the 19 buffers of the recreated wetlands cannot be averaged within proposed lots 1 and 6),Recommended 20 Condition of Approval ("COA") No. 27 requires Lots 1 and 6 shall be increased to ensure compliance with the critical areas regulations and ensure that all wetlands and associated buffers 21 are contained in what will become Native Growth Protection Area tracts. If the change to the overall development is considered a Major Adjustment to an approved site development plan per 22 RMC 4-9-200(J)a new application would be required. 23 As noted in Mitigation Document Condition C 10, Ex. 2, if the EPA issues a ROD that is different 24 than what is assumed in the Quendall Terminals EIS, City reviewing officials shall determine whether the applicant shall be required to prepare additional SEPA review to address any 25 difference between the ROD and the assumptions in the EIS. Such differences could include impacts to reestablished critical areas beyond buffer averaging.To ensure a true baseline condition 26 is known at the time of site plan review or construction permit application and prior to recor-ding of the binding site plan, Recommended Condition of Approval No. 44(iv) requires that a site plan MASTER PLAN, BINDING SITE PLAN, SSDP and DA 11 1 application, construction permit application or the recording of the Binding Site shall not be 2 submitted to the City for Review and approval prior to issuance of the ROD. 3 It is also determined that the proposal will not adversely affect shoreline environmental resources. Pages 3.6-14—3.6-15 of the DEIS concludes that the proposal will not adversely affect shoreline4 resources. Subsequent to remediation activities conducted under the oversight of the EPA, the 5 DEIS concludes that redevelopment is not anticipated to adversely affect habitat in Lake Washington (i.e. for salmonid fish species). During construction, a temporary erosion and 6 sedimentation control plan (TESCP), including Best Management Practices (BMPs) for erosion and sedimentation control, would be implemented, per City stormwater regulations. Following construction, a permanent stormwater control system would be installed in accordance with City g stormwater regulations. Stormwater runoff would be collected and conveyed via a piped stormwater system to new outfalls at Lake Washington. Runoff from pollution-generating 9 surfaces would be treated prior to discharge to the lake. The stormwater outfall pipes would be situated to avoid crossing the restored/created wetland areas. These outfalls could be constructed 10 during site remediation to reduce impacts to shoreline vegetation. 11 B. Views. As conditioned, the project will not create any significant adverse view impacts. The 12 subject site is located along the shores of Lake Washington. The current site is vacant and allows for expansive views from the neighboring properties as well as the public right-of-way, Lake 13 Washington Blvd., Ripley Lane (Seahawks Way), and N 44th St. The addition of multi-story structures and development on the site will impact views from the surrounding area. These 14 impacts were evaluated in the DEIS and the EIS Addendum, Exhibit 2, specifically section 3.7 of the DEIS and section 3.2 of the EIS Addendum. As a result of this analysis the Preferred 15 Alternative was developed with a wider Road B to provide a grand view corridor down the center 16 of the site. In addition, larger setbacks were established from the south and north edges of the property. Finally, the residential towers are separated with plaza space on top of the parking 1 garage to allow for additional view corridor through the development from the public rights-of- way and the development located on the hill behind the subject site. Mitigation Measures Fl — 18 F 15 were established to minimize impacts to both aesthetics and views. To ensure the east west view corridors are maintained, COA 21 requires that Road B shall maintain a minimum width of 9 74 feet and that the plaza spaces on top of the parking garages shall maintain a minimum width of 20 80 feet. 21 At the hearing, Mr. Pipkin asserted that buildings more than four stories in height would completely block views of residents of the lower Kennydale neighborhood from the water between 22 the project site and Mercer Island. Mr. Pipkin's comments on this issue were uncontested and appear to be consistent with the view impact analysis in the DEIS and EIS addendum. However, 23 in the absence of more specific view impact standards, the design features directed at mitigating 24 view impacts must be considered sufficient to reduce view impacts to nonsignificant levels. The maximum building height in the COR zone is 125 feet and the Seahawks facility to the north takes 25 almost full advantage of this height limit with a building that is 115 feet in height. The applicant has limited building height to a maximum of 64 feet, has widened Road B to provide for a view 26 corridor and has also included view opportunities along the setbacks,which are significantly wider than required for the project. According to the testimony of the project manager, the setbacks are MASTER PLAN, BINDING SITE PLAN, SSDP and DA 12 1 proposed as a minimum of 90 feet from the Seahawks facility and 120 feet from Barbee Mills. 2 SEPA mitigation measures only require a setback of 40 feet from Barbee Mill and 38 feet from the Seahawks facility. Given these circumstances, it is concluded that the applicant has taken all 3 reasonable measures that could be legally required to mitigate view impacts given the development potential of the project site and the view corridors and self-imposed height limitations proposed4bytheapplicant. 5 C. Noise, Privacy and Dust. The City's noise regulations, Chapter 8-7 RMC, sets the legislative standard for noise impacts and will adequately regulate noise when construction is completed. It is anticipated that most of the noise impacts would occur during the construction phase of the g project. As part of future site plan review, the applicant will be required to submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, 9 control of dust, traffic controls, etc. as dictated by the submission requirements of Chapter 4-8 RMC. In addition, the project would be required to comply with the City's noise ordinance 10 regarding construction hours. With these measures in place,noise and dust impacts are adequately mitigated. 11 12 The proposed building layout provides semi-private court yards between each residential tower which would allow access to light and air in each unit, in addition adequate separation for privacy. 13 The 80-foot wide plaza corridors allow for a large number of residential units to have an opportunity for views of Lake Washington. For those units located over Road B and the l4 retaiUrestaurant area some additional noise could be anticipated due to the active street. Specifics of noise reduction and privacy would be reviewed at lot specific site plan review, such as window 15 coverings and an evaluation specific uses proposed in the court yard spaces. 16 D. Draina e. Adeyuate provision is made for ensuring that the proposal doesn't create any significant 1 adverse drainage impacts. The City's stormwater regulations assure that stormwater impacts are fully mitigated. The staff report notes that the 2009 stormwater manual is applicable to the project. 18 As noted in Conclusion of Law("COL")No. 2 of this recommendation, more current stormwater regulations may apply if construction is not commenced by 2022. In either event, stormwater 19 regulations will comprehensively address stormwater impacts. 20 Stormwater was evaluated in the DEIS and EIS Addendum in the following elements: Earth, 21 Critical Areas, Environmental Heath, and Land and Shoreline Use (Exhibit 2). As a result of this analysis mitigation measures A1, A10, A11, B2, and B7 were established and will become a 22 condition of this permit. Because the internal streets of the development are required to be private, the storm water system for the development will be required to be private. A stormwater covenant 23 for allowing the City access to inspect the stormwater facility and assigning maintenance 24 responsibility of the BMPs to the property owners will required to be recorded with the binding site plan. To ensure that all facilities including but not limited to stormwater shall be maintained 25 a condition of approval reyuires that that the applicant provided a covenant or HOA documents for City review and approval identifying the developer/property owners/HOA responsibilities for 26 the maintenance of all common facilities and open space constructed as a part of the Binding Site Plan and Master Site Plan. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 13 1 2 A drainage plan and drainage report (based on the City stormwater regulations) is required to be submitted with the utility construction permit for approval of stormwater facility design. The site 3 is located in the Flow Control Duration Standard forested site conditions. The applicant is proposing to use the direct discharge exemption for the project. Water quality treatment is4 proposed for the project and will have to be consistent with City stormwater standards. Storm 5 water flow control BMPs are to be provided. All recommendations of the geotechnical report shall be followed in the design and construction of the project. 6 The project was reviewed by the City's Surface Water Utility Supervisor, who provided project specific comments in Exhibit 16, in his memo dated September 14, 2009. As noted in Exhibit 16, g the drainage plan and report required to be submitted with the construction permit should include an offsite analysis report. The report should assesses potential offsite drainage and water quality 9 impacts associated with development of the project site and should identify appropriate mitigation for any of the identified off site impacts, a printout of all land use input values for pre- and post- 10 developed impervious and pervious areas, a basin summary table for the existing conditions and developed condition land use, and include a wetland analysis for hydrology.I1 12 E. Aesthetics. The proposal is heavily regulated to eliminate all significant adverse aesthetic impacts via the City's design,view protection and landscaping standards. The replacement of a superfund 13 toxic waste site with a quality mixed use development with significant public shoreline access is by itself a tremendous improvement over current aesthetic conditions. The view corridor and 14 enhanced setbacks identified in FOF No. 3(B) on view impacts enhances aesthetics by providing view corridors to the shoreline. Since the project site is located in Design District "C", building5andsitedesignissubjecttogeneraldesignreviewatthemasterplanstageanddetaileddesign 6 review during site plan review. As determined in this recommendation, the proposal complies with the District"C" design standards for master plan review. 17 The proposal is also subject to detailed landscaping standards that arise from City landscaping 18 standards as well as mitigation measures imposed from the SEPA review. As required in the Mitigation Document, Mitigation Measure E1, E2 and F5, the project shall be designed and 19 constructed to provide a partial visual screen between proposed buildings and adjacent uses. The 20 applicant provided a conceptual landscape plan with the Preferred Alternative re-submittal dated 12-16-2015, Exhibit 11. Based on the provided conceptual landscape plan, a 20-foot wide 21 landscape buffer is proposed west of Road C and a 10-foot wide landscape buffer is proposed east of Road C along the south property line (Barbee Mill Development). A 10-foot wide landscape 22 buffer is proposed west of Road C and a 5-foot wide landscape buffer is proposed east of Road C along the north property line (Seahawk's Training Camp). The proposed preferred alternative 23 would be compliant with Mitigation Measures El, E2, and F5. A condition of approval requires 24 that the minimum landscape buffers are maintained along the north and south property line as shown in Exhibit 11. 25 Street frontage landscaping is proposed behind the sidewalk in some portions of Street A and 26 Street B. Street trees are proposed to be placed in tree grades along all Roads A, B, and C. All street trees are required to be planted at a minimum 2-inch caliper and the tree grates are required MASTER PLAN, BINDING SITE PLAN, SSDP and DA 14 1 to be 4' x 8'. The provided conceptual landscape plan does not comply with the minimum caliper 2 inches and/or tree grate sizes and as such a recommended condition of approval requires that a final detailed landscape plan shall be submitted for review and approval for the common areas 3 prior to application for any lot specific site plan review and shall be installed prior to recording of the binding site plan, unless otherwise approved through a phasing plan.4 5 Landscaping proposed on each individual lot shall be reviewed at the time of lot specific site plan review. This includes but is not limited to screening landscaping for parking garages, surface parking lot landscape standards, court yard landscape details, and shoreline landscaping, as noted in Mitigation Measures F4, G12 and G13. 7 g F. Tree Protection. The proposal doesn't create any significant impacts from clearing of vegetation since it complies with the City's tree protection standards. Staff have determined that the City's 9 tree protection standards don't require any tree retention since no trees will be located at the project site subseyuent to remediation. 10 G. CompatibilityBuildin Massing. As conditioned, the proposal is compatible with surrounding1 uses. The property is surrounded on two sides by COR zoned property, Lake Washington to the 12 west and R-10 property for the Barbee Mills property to the south. Beyond the view and traffic issues addressed elsewhere,the only compatibility issue is the mixed uses of the project adjoining 13 the residential uses of Barbee Mill. Compatibility is achieved by a downscaling of the buildings along the southern end of the project site to four and five stories and the enhanced setbacks set at 14 a minimum of 120 feet as well as a 1.3-acre public park placed on the southwestern corner of the project site. 15 16 As evaluated in the EIS, both building massing and building height were analyzed for impacts on adjacent properties. As a result, Mitigation Document conditions E3, E4, Fl, F8, F9, F11, and 17 F15 were established. These mitigation measures address setbacks from adjacent properties and Lake Washington, building height, and building modulation. With imposition of these measures, 18 the proposal will not result in an overconcentration of development on any portion of the site. 19 H. Li htin . As conditioned, lighting impacts are minimized to nonsignificant levels. Lighting 20 proposed on each individual building shall be reviewed at the time of lot specific site plan review for compliance with the design standards below for lighting and Mitigation Document condition 21 F13. At that time, the lighting design should consider mitigation measures B 11 and F7 to ensure that lighting impacts on wetlands, shorelines and riparian habitat is reduced by the use of 22 downlighting and shielding among other techniques. 23 Common site lighting shall be incorporated into the design of the pedestrian walkways and 24 roadways, gateway features, public art, special landscape treatment, open space/plaza, and other common areas, as required by Mitigation Document conditions F 13 and H9 and the design 25 standards. A common site lighting plan was not included in the re-submittal of the Preferred Alternative therefore staff could not verify compliance with mitigation measures F13 and H9 or 26 compliance with the design standards. As such, a recommended condition of approval requires MASTER PLAN, BINDING SITE PLAN, SSDP and DA 15 1 that a site lighting plan be provided identifying compliance with mitigation measure F13 and H9 2 and the design standards for the common areas. 3 I. Loading and Stora e Areas. The proposal will not be encumbered with unsightly loading and storage areas. Detailed screening standards would be reviewed at the time of lot specific site plan4 review. Based on the provided Master Plan there are no large loading areas that would include 5 loading docks. It is anticipated that the site would demand a level of delivery for the retail and restaurant uses, which could be accommodated in the parking garages or the private roadways at off peak hours. 7 g 6. Adeyuacv of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: 9 A. Water and Sewer Service. Water and sanitary sewer service for the development would be 10 provided by the City of Renton. There is an existing 12-inch diameter water main on the King County parcel fronting the site and a 10-inch water main extending into the project site.11 There is a 12-inch sewer main extending near the east property line of the project site. The 12 development is subject to the applicable water system development charges (SDC) fee and water meter installation fees based on the number and size of the meters for domestic, 13 landscape and fire sprinkler uses. The SDC fee is paid prior to issuance of construction permits. 14 B. Fire Protection. Fire protection would be provided by the City of Renton Fire Department15andpoliceprotectionbytheCityofRentonPoliceDepartment. Police and Fire staff 16 indicated that sufficient resources eacist to furnish services to the proposed development; if the applicant provides Code required improvements and fees. 17 Pursuant to condition H8 of the Mitigation Document, a fire access road shall be provided 18 to the west of the westernmost buildings onsite. The road shall be a minimum of 20 feet wide, and shall be constructed with crushed rock or grass-crete to support the weight of fire19apparatus, and shall be available for emergency vehicle access. If located in the minimum 20 100-foot shoreline setback area, and approved by the EPA ROD,the road shall also serve as a pedestrian traiL If EPA's ROD prohibits the fire access road within the minimum 100-foot 21 shoreline setback area, the road shall be relocated to the west side of the westernmost buildings onsite, and could be combined with the trail. 22 Mitigation Measure H8 allows for the fire access road to be located within the 100-foot23 shoreline setback area and serve as a combined public trail. However,the looped water line 24 required for the buildings to meet fire flow requirements is only permitted in a paved surface. Considering the water service requires paved access, a condition of approval requires that 25 the water maintenance road and the fire access be combined. This would allow the trail which is to be located in the riparian area to be constructed of soft surface materials. 26 MASTER PLAN, BINDING SITE PLAN, SSDP and DA 16 1 C. Parks/Open Space. The proposal provides for adeyuate parks and open space. As 2 previously noted, the proposal includes 12.9 acres of parks and open space. 3 Impacts to parks and recreation were evaluated in the EIS, EIS Addendum and 4 Environmental Consistency Analysis in Exhibit 2 and 21. An assessment of park demand was based upon the application of the City's adopted parks level of service 5 standard to the number of dwelling units proposed for the project. Based upon this application, the mitigation document identified a number of parks and recreation mitigation measures (Gl —G13) to improve public open spaces and recreation areas. The amount of on-site parks and open space proposed and required of the applicant would not by itself be sufficient to meet applicable park level of service standards. g However, the applicant will also be required to pay park impact fees to pay for off-site park and open space facilities. It is determined that the significant on-site park and open 9 space amenities coupled with the payment of park impact fees should be sufficient to mitigate the park and open space demand created by the project. 10 11 As to park and open space mitigation measures, Mitigation Document condition G2 12 requires that approximately 10.6 acres of"Natural Public Open Space Areas"and"Other Related Areas" be provided on the site. The "Natural Public Open Space Area" shall 13 include a 0.5-acre trail and 3.2 acres of natural area along the traiL The "Other Related Areas" on site shall include street level landscaping, landscape courtyards, sidewalks, 14 paved plazas and Lot 7. The applicant's site plan, Exhibit 7, identifies 3.22 acres of Natural Areas along the shoreline and 0.45 acres of trail, and 6.47 acres in "Other I S Related Areas". Based on the site plan the proposal does not identify compliance with 16 Mitigation Measure G2. Mitigation Measure G7, requires the hours of public use of the trail to be determined by the City's Community Services Administrator. Currently 1 public trail hours are dawn to dusk, signage shall be installed identifying that the trail is for public use and the hours of public use. The signage shall be reviewed and approved 18 by the Current Planning Project Manager and Parks Planning and Natural Resources Director prior to installation. An easement for public access shall be recorded on with 19 the binding site plan. Mitigation Document condition G10 requires that the trail be 20 enhanced with site amenities such as tables, litter receptacles, benches, interpretive signage etc. and approved by the Community Services Administrator. Details of the 21 trail's design and site amenities was not included in the application materials. Mitigation Document condition G11 requires that the trail connect to the Barbee Mill 22 residential development to the south. The Ex. 7 site plan shows the trail ending in the surface parking lot located in the southwest corner of Lot 5. This design is not in 23 compliance with condition G11. Based on the above analysis the provided materials 24 were not compliant with conditions G2, G'7, G 10, and G 11. As such a recommended condition of approval requires that the applicant provide an updated site plan and any 25 other necessary materials to identify compliance with conditions G2, G7, G10, and Gl 1 for review and approval of the Current Planning Project Manager and the Community 26 Services Administrator prior to lot specific site plan review or binding site plan recording. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 17 1 2 The Development Agreement adds a 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 3 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 public4 use and the hours of public use. The signage shall be reviewed and approved by the 5 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 6 site plan. Similar to the trail, the park shall be installed prior to Temporary Occupancy of the first building on the site. 7 g The"street activation" identified in the development agreement is anticipated to provide distinctive focal points throughout the development. However, the specifics have not 9 been identified at this time. As such a recommended condition of approval requires that Public Art, fountains, or other street activation features proposed to be located in the 10 roadways shall be identified with the detailed master site plan and constructed and installed as a part of the associated roadway/infrastructure construction. 11 12 D. Pedestrian Circulation. As conditioned, the proposal provides for an appropriate and safe 13 pedestrian circulation system that connects buildings,open space,and parking areas with the sidewalk system and abutting properties. The Ex. 7 site plan includes a number of pedestrian 14 connections via sidewalks along street frontages and a pedestrian trail along the shoreline. However, based on the Ex. 7 site plan some key connections are missing. For example, the15sidewalkalongthewestedgeofRoadCdoesnotcontinuealongtheprivateStreetEeither 16 north or south. To the west is the trail connection and to the east is the access point to Ripley Lane (Seahawks Way). Again, there is the same missing connection along the south edge 1 along Street E, at the terminus of Road C. Additionally, the residential courtyards show stairways along the lake side of the development but no stairways are provided for the 18 buildings east of the lake. In order to ensure the overall site maintains a pedestrian circulation system of pathways that is clearly delineated and connects buildings, open space,19 parking areas, and existing public roads, and provides for public safety a recommended 20 condition of approval requires that an updated site plan is provided identifying a complete connected pedestrian pathway system for review and approval by the Current Planning 21 Project Manager and shall demonstrate compliance with mitigation measure H3. The approved pedestrian pathway system shall be shown on the binding site plan upon recording. 22 Mitigation Document conditions H3 and H9 require that provisions for safe pedestrian 23 circulation shall be provided to encourage future transit usage to and from the site when 24 planned public transit becomes available. The pedestrian connectivity plan required as a recommended condition of approval should include pedestrian connections to the public 25 right of way, Lake Washington Blvd. and Ripley Lane (Seahawks Way) to meet this condition. 26 MASTER PLAN, BINDING SITE PLAN, SSDP and DA 18 1 E. Street Improvements. The proposal is served by adequate and appropriate street 2 infrastructure. Traffic impacts were thoroughly reviewed in the DEIS and DEIS addendum. For the enhanced alternative constituting the proposal,additional transportation analysis was 3 included in the EIS Consistency Analysis, Ex. 21, to evaluate changes in trips from the Preferred Alternative. The Consistency Analysis concluded that transportation impacts of4theEnhancedAlternativewouldbewithintherangeofimpactsidentifiedintheDEIS, EIS 5 Addendum and FEIS for the EIS alternatives. With implementation of the project mitigation measures, with or without the I-405 improvements, staff determined that significant transportation impacts are not anticipated. The project site is located next to the I-405 and NE 44th street interchange, which currently g operates poorly. WSDOT has a funded project to improve and widen it. Traffic impacts were assessed in the environmental review with and without the completion of the WSDOT 9 improvement project. The focus of the analysis is to have persons travelling to the project using the interchange instead of City streets. The WSDOT project is slated to commence in 10 2019 and to be completed in 2024. However, the actual time frame is not certain so it's necessary to continue a scenario where the WSDOT project won't be completed. Without I the WSDOT project, off-site improvements will necessitate channelization of north and 12 southbound ramp intersections. As to the frontage, Lake Washington Boulevard will be widened and these improvements will have to be coordinated with the WSDOT interchange 13 project. To the south of the project, in order to minimize southern traffic, traffic calming treatments will be placed south of 41 st to discourage long distance travel along that corridor. 14 The applicant's traffic engineer testified that the off-site mitigation will effectively prevent people from using City streets to the south as opposed to I-405. Even with the current 15 congestion, it's still faster to use I-405 than the southern City streets. 16 The proposal is estimated to generate 5,829 daily, 435 AM peak hour and 545 PM peak hour 1 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 18 Alternative. As to the preferred alternative,page 1-14 ofthe DEIS addendum concluded that tJhe existing transportation network with and without I-405 Improvements would 19 adequately accommodate the Preferred Alternative at full build-out in 2015, with the 20 additional required/proposed transportation improvements." As previously noted, the Environmental Consistency Analysis, Ex. 21, conducted for the Enhanced Alternative 21 constituting the proposal under review determined that that the Enhanced Alternative is within the range of development and probable environmental impacts analyzed in the 2010 22 through 2015 SEPA review of the Quendall terminals project, and no additional mitigation measures are reyuired beyond those identified in the 2015 FEIS and 2015 Mitigation 23 Document. 24 The effectiveness of the Mitigation Document transportation conditions was evaluated in the 25 DEIS addendum against DEIS Alternative 1 traffic counts, which involved 865 AM peak hour trips, 950 PM peak hour trips and 9,000 daily trips. Alternative 1 clearly generated far 26 more traffic than the Enhanced Alternative constituting the proposal. The limited information that was summarized regarding the effectiveness of mitigation in the DEIS MASTER PLAN, BINDING SITE PLAN, SSDP and DA 19 1 Addendum establishes that even at the much higher trip generation rates of Alternative 1,the 2 traffic mitigation of the Mitigation Document either improves upon or maintains intersection level of service. Table 3.4-6 of the DEIS Addendum evaluates LOS impacts of mitigation 3 on three of the most poorly functioning affected intersections in 2015 and Table 3.4-2 shows intersection LOS with and without the proposal in 2015, both in circumstances where4WSDOThasnotcompletedI-405 improvements. A comparison of Tables 3.4-2 and 3.4-6 5 shows that the mitigation will prevent the project from lowering the LOS of the three intersections and would improve LOS over LOS that would occur without the project. Table 6 3.4-2 also shows the LOS impact of the project, unmitigated, on six other intersections. Without mitigation in the other five intersections, the proposal will not lower LOS in any intersection except for the Lk Wa Blvd/N 36th Street intersection. It is unknown from any g of the tables how the mitigation will affect the LOS of this intersection. 9 The only significant change from the transportation analysis of the Preferred Alternative analyzed in the April 2016 staff report to the current proposal is the elimination of a center 10 turn lane from Street "A'. The removal of this turn lane was evaluated by Transpo Group, in a memorandum dated January 12,2017,Appendix A of the Consistency Analysis, Exhibit 11 2 L The analysis concluded that the center turn lane is not needed under the current proposal 12 because single-lane approaches at each of the Street `A' intersections would provide acceptable traffic operations. 13 Conditions H1-H15 ofthe Mitigation Document comprise the mitigation measures necessary 14 to prevent congestion and other adverse traffic impacts. Mitigation Measure H3 requires frontage improvements along the west side of Lake Washington Blvd. and Ripley Lane15SeahawksWay) in front of the site. Other mitigation includes, but is not limited to, travel 16 lane additions, signalization, and additional turn lanes on adjacent and nearby existing roadways or areas to be dedicated. Per conditions G3 and H3 of the Mitigation Document, provisions for safe pedestrian circulation shall encourage future transit usage to and from the site, which shall include the requirement for a cross walk and frontage improvements along 18 two private access roads that will cross the old rail line, currently owned by King Co. The private access at the Barbee Mill Access shall include frontage improvements including19landscapedplanterandsidewalktobeprovidedonthenorthsidematchingtheexisting 20 landscaped planter and sidewalk on the south side. The new private access to be located at the Ripley Lane (Seahawks Way) access shall include an 8-foot wide landscape planter and 21 6-foot wide sidewalk on south side of the access. 22 The construction of off street improvements will require coordination with adjacent property owners. This is because some of the required improvements will impact property outside of23 existing right-of-way and require dedication of property not currently owned by the 24 applicant. Currently it is anticipated this coordination would be between King County, who owns the old rail-road right-of-way, the property owner of 4350 Lake Washington Blvd. N, 25 and WSDOT. Due to this need for coordination, a recommended condition of approval requires that before construction permit and building permit issuance an agreement should 26 be completed for the required off-site improvements between the developer and all other affected properties. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 20 1 2 The numerous traffic mitigation measures included in the Mitigation Document could cause some confusion as it relates to the directions of the off-site improvements, such as 3 southbound, westbound, and eastbound, because the intersections are not oriented directly north, east, south, and west. To assist in the understanding of these mitigation measures4 Figure 2-1 was prepared for the FEIS, Exhibit 2. However, upon further review of the 5 mitigation measures in the final Mitigation Document, the City's Transportation Department, has indicated that all required improvements are not reflected in Figure 2-1. In addition, the mitigation measures listed in the final Mitigation Document contains some inconsistencies as it relates to directions (northbound and eastbound) and requirements evaluated in the analysis of the DEIS, EIS Addendum, and FEIS. To resolve the g inconsistencies and ambiguities, a new graphic has been created as Exhibit 18, which fully depicts additional motor vehicular travel lanes required as a part of the FEIS and the 9 Mitigation Document. A recommended condition of approval requires that all new lanes as shown on Exhibit 18 shall be constructed. 10 In addition to the mitigation measures, internal review has been completed evaluating the11internalroadcrosssections. Plan Review staff has worked with the City's Transportation 12 Division to evaluate the adequacy of the internal street cross sections, for pedestrian walkways, travel lanes, on street parking, and landscaping standards. This evaluation 13 coupled with the Design District Standards and Development Standards of the zone has resulted in recommended changes to the proposed cross sections. These roads will become 14 private roads for the purpose of the project and as such strict adherence to the City's standard street cross sections is not required. However,the design of the streets shall meet minimum 15 standards to accommodate the demand created by the development. Public access will be 16 required for access to the proposed retail and restaurant uses and to meet the standards of public access under the shoreline master program. As such, a recommended condition of 1 approval requires that a public access easement shall be recorded over the private roadways and recorded at the same time of Binding Site Plan Recording. See Exhibit 16 for details on 18 street cross section changes required to meet the anticipated needs of the development for pedestrians, vehicles, public access, Design District Standards, and landscaping. The street19crosssectiondesignwillvarydependingupontheproposedgroundfloordesignofeach 20 building. In general, 10 feet of landscaping is required behind a 6-foot sidewalk in those areas where a parking structure is located adjacent to the street,or a 12— 15-foot sidewalk is 21 required for those areas where the building contains retail and/or restaurant uses at the ground floor. On street parking stall widths are reduced per RMC from 10 feet in places to 8 or 6 22 feet in width,travel lanes are reduced from 12 feet to 10 feet in places, a 0.5 foot is added to account for the curb width,and the required site landscape setbacks are reflected in the cross- 23 section amendments. A recommended condition of approval requires that the applicant 24 amend the street cross section as shown in Exhibit 16 at the time of construction permit review; in addition, an updated site plan shall be submitted identifying compliance with the 25 amended cross sections. 26 A couple members of the public at the April 18,2017 public hearing expressed concern over increased traffic on Lake Washington Boulevard. Those concerns are addressed by MASTER PLAN, BINDING SITE PLAN, SSDP and DA 21 1 Condition HS of the Mitigation Document, which requires the installation of traffic calming 2 treatments on Lake Washington Boulevard south of N 41 st Street to encourage primary trips generated by the project to utilize the I-405 corridor.The applicant's traffic engineer testified 3 that in his professional opinion these calming features should prevent the use of the southern street system for the project and also that even without the calming measures, most drivers4 would elect to use I-405 since it provides for a more direct connection to the project site. 5 Given these factors, it is concluded that Condition HS adequately addresses concerns over increases in traffic south of the project site. Related to this issue, one or two people also expressed concern over the proposed widening of Lake Washington Boulevard along the project street frontage, on the basis that this widening could eliminate the"scenic"character of the road and turn it into more of a higher speed thoroughfare. Although there may be g some legitimacy to this concern,the issue is not significant enough to override the safety and functionality considerations integrated into the City's street standards that require the 9 additional street width. 10 F. Vehicular Access. The project site is served by adequate vehicular access. The overall development has two primary access locations, one from Lake Washington Blvd. N at N l 42nd Place and a second from Ripley Lane (Seahawks Way). Both access locations cross 12 the King County owned rail road right of way. There is an existing crossing of the rail road right of way at N 42nd Place but no existing crossing from Ripley Lane. To ensure there are 13 two primary access points to the development, the applicant would be required to receive approval from King County to construct a second crossing across the rail-road right-of-way. 14 This crossing shall include a pedestrian connection to Ripley Lane via a sidewalk. A recommended condition of approval requires that documentation be provided to the City15identifyingrightstoconstructacrossingforvehiclesandpedestrianspriortositeplanreview 16 application and construction permit application submittal. 1 Shared access for the lots created by the proposed binding site plan has been proposed through an internal street system, identified as Roads A—E. The applicant has indicated that 18 Roads A — C would be dedicated public right-of-way and Roads D and E would be private streets. However, due to the properties designation as a Superfund Site by the EPA the City19isnotwillingtoaccepttheproposedpublicrights-of-way dedications and Roads A—C shall 20 become private on the recorded binding site plan. Because Roads A — C will be private streets it is necessary to maintain public access to the development, therefore an easement 21 for public access and emergency services shall be recorded over Roads A, C, and B. The public access easement shall be reviewed and approved by the City Attorney and Property 22 Services Division prior to binding site plan recording. 23 G. Schools. Staff has determined that the Renton School District can accommodate any 24 additional students generated by this proposal at the following schools: Hazelwood Elementary School, McKnight Middle School (beginning in 2017, Risdon Middle School) 25 and Hazen High School. Any new students from the proposed development would be bussed to their schools. Because of the large scope and scale of the subject project is it anticipated 26 that a new bus stop may be added that would pick up students within the Quendall Terminals MASTER PLAN, BINDING SITE PLAN, SSDP and DA 22 1 Development. Specifics to safe walking routs to schools should be evaluated upon lot 2 specific site plan review. 3 A School Impact Fee, based on new multi-family units, will be required in order to mitigate the proposal's potential impacts to the Renton School District. The fee is payable to the City4 as specified by the Renton Municipal Code. 5 H. Transit and Bicycles. The proposal provides for adequate transit and bicycle facilities. Transit was evaluated as a part of the DEIS and EIS Addendum. Currently no public transit service is provided to the Quendall Terminals site. The closest transit service to the site is provided via a dial-a-ride service area fixed route service in the vicinity of the NE 30th St. g interchange and I-405. Future potential public transportation in the vicinity could include Bus Rapid Transit on I-405 planned by Sound Transit and WSDOT with a flyer stop at the 9 I-405/NE 44th Street interchange. As previously noted,Mitigation Document conditions H3 and H9 require that provisions for safe pedestrian circulation shall be provided to encourage 10 future transit usage to and from the site when planned public transit becomes available. 11 Currently there are no non-motorized transportation facilities on the Quendall Terminals site, I Z however there are striped bike lanes on Lake Washington Blvd. In addition,the existing rail road right-of-way to the east of the site was recently purchased by King County and is 13 identified in the City of Renton Trails and Bicycle Master Plan as a future "rails to trails" planned multi-purpose trail corridor. In February 2016, a DEIS was issued evaluating 14 alternatives for the East Side Rail Corridor which continues to include a multi-purpose trail at this location. Considering the site does not currently have public transit options, the15primaryformandmostreadilyavailableformofalternativenon-motorized transportation is 16 bicycles. Staff anticipates that residents of the development and visitors to the retail and restaurants proposed at the site would ride bikes. Furthermore, as identified in the Mitigation 1 Document (page 26) to mitigate system-wide transportation impacts on planned vicinity transportation facilities and reduce or control the general vehicular impacts of the project the 18 applicant shall prepare a TDM plan to the satisfaction of the City of Renton that could include on-site bicycle facilities, bike lockers, and public shower facilities. Based on the above 19 analysis, a recommended condition of approval requires that bicycle parking be provided in 20 the form of bike racks for the retail, restaurant, and public trail users in addition to secure weather-protected bike facilities shall be provided for the residential units. Bike parking 21 should be provided at a ratio of 10 percent of the required parking stalls for the retail and restaurant uses and at a ratio of 0.5 stalls per residential unit. Bike parking for the residents 22 shall not be located on balconies or in the unit. In addition, the City's Transportation Division anticipates that individuals utilizing bicycles as a primary form of transportation23 would not use the multi-purpose trail envisioned along the East Side Rail Corridor,therefore 24 a condition of approval requires that a bicycle lane shall be constructed on both the north and south side of Ripley Lane(Seahawks Way)with or without the construction of the multi- 25 purpose trail. 26 L Shoreline Access. The proposal provides for adequate shoreline access. As previously noted, the proposal includes a trail along the shoreline to provide public visual access to the MASTER PLAN, BINDING SITE PLAN, SSDP and DA 23 1 shoreline. This trail could double as a fire lane, which means it may likely be 20 feet in 2 width. Based on the assumed outcome of the EPA ROD, it is anticipated that access to the lake shore would not be permitted. However, Mitigation Document condition B10 requires 3 that the proposed shoreline trail includes interpretive viewpoints. Other amenities to be incorporated into the trail including viewpoints and large public plaza spaces along the lake4 side of Road B. A recommended condition of approval requires a public trail along the lake 5 side of the new buildings proposed on Lots 2 and 5. Based on the provided drawings details of this trail are not included and the design does not comply with the mitigation measures identified in the mitigation document. As such, a recommended condition of approval requires that a detailed trail design be submitted for review and approval by the Current Planning Project Manager and the Community Services Department prior to site specific site g plan review and construction permit application. In addition,should the EPA ROD eliminate the significant public access from the project a recommended condition of approval requires 9 that a new project design shall be submitted for review and approval prior to construction permit, site plan application, and binding site plan recording that complies with the shoreline 10 master programs requirements for significant public access. 11 Conclusions of Law 12 13 1. Authoritv. Staff has suggested that the hearing examiner make a final decision on the permit 14 applications and make a recommendation to the City Council on the development agreement. However, after inquiries from the examiner, staff stated it would not object if the examiner made 15 recommendations on all permit applications with a final decision to be made by the City Council. It is concluded that the RMC does not give the examiner the authority to issue final decisions on binding 16 site plan applications when they are merged with development agreements. Since all permits should be consolidated into one review process, it is concluded that City regulations mandate that the City1 Council make the final decisions on the applicant's master plan, binding site plan and shoreline g applications. 19 The primary code basis for this determination is RMC 4-7-230(H)(2), which provides that the City Council must apply binding site plan criteria for binding site plan applications when those applications 20 are merged with development agreements and that the "final decision on a development agreement with an application for a binding site plan shall be made by City Council." Further, RMC 4-7- 21 230(I)(4) provides that "except when a binding site plan is merged with a development agreement" 22 significant binding site plans shall be referred to the hearing examiner for review. From these two provisions, it is clear that the examiner has no authority to make a final decision on binding site plan 23 applications that are merged with development agreements. 24 In contrast to the binding site plan application,shoreline substantial developmentpermits are classified by RMC 4-8-080(G) as Type II permits (subject to staff as opposed to hearing examiner review) and25 master site plan approval as Type IlI permits (subject to hearing examiner review). In short,the three 26 permit applications subject to this recommendation are subject to three different review processes. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 24 1 RMC 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest-number 2 procedure". The review process for binding site plans merged with development agreements is not classified by the RMC. However, the Council's delegation of the hearing on the applications to the 3 eacaminer(see Ex.23)coupled with the code requirement that the City Council make the final decision mirrors the process classified as Type IV review by RMC 4-8-080(G)(examiner recommendation4 coupled with council final decision). Consequently, the merged DA/binding site plan review will be 5 considered a Type IV review and the master plan and shoreline permit will be consolidated into the Type IV review process since that is the highest number procedure. 6 2. Vestin. One of the more complicated legal issues involving the project is vesting. The examiner recommends two actions related to vesting as follows: g A. Confirmation from City Attorney that Project Subject to Vestin. FOF No. 2 of the April 9 19, 2016 staff report asserts that the applicant vested his applications by the submission of a complete binding site plan application on February 10, 2010. The proposed development 10 agreement proposes to extend this vesting for a period of ten to fifteen years. The law is not actually very clear on whether a binding site plan can in fact vest development standards. 11 Since the City Council will be making the final decision on the development agreement, 12 rather than issue a legal opinion that may conflict with that of the City Attorney's Office the examiner will just take this opportunity to recommend that the Council seek confirmation 13 from the City Attorney's Office that the application is vested to the regulations in effect when the applicant filed his complete binding site plan application. This vesting analysis is limited 14 to identifying some of the legal issues the City Attorney's Office may want to consider when evaluating the vesting issue. 15 16 Vesting for the binding site plan comes from two sources, specifically state law and local ordinance. The state law is RCW 58.17.033, which provides that "a proposed division of 17 land" vests upon the submission of a complete application. There is little question that a binding site plan constitutes a "division of land." The ambiguity arises from additional 18 language in RCW 58.17.033 that provides that the vesting occurs "...at the time a fully completed application for preliminary plat approval of the subdivision, or short plat19approvaloftheshortsubdivision, has been submitted..." A binding site plan is neither a 20 subdivision or short subdivision, but is rather identified as an alternative method of land division to subdivision and short subdivision review per RCW 58.17.035. If the legislature 21 intended vesting to apply to binding site plans, it would have identified the submission of a complete application for binding site plan as triggering the time of vesting. It's failure to do 22 so may have been an oversight, but the ambiguity remains. The second source of vesting is a code provision that was in place at the time the applicant23 submitted his binding site plan application, but is in longer in effect today. RMC 4-7- 24 230(N)(1) provided in 2010 that complete binding site plan applications vest to the binding site plan ordinance, the zoning code and other development regulations in effect at the time 25 of application. This provision appears to have been repealed in 2012. It raises the interesting legal question of whether a developer can vest to a vesting ordinance. In Graham 26 Neighborhood Ass'n v. F.G. Associates, 162 Wn. App. 98 (2011), a court ruled that permit expiration ordinances are not subject to vesting because they don't have a restraining MASTER PLAN, BINDING SITE PLAN, SSDP and DA 25 1 influence on the development of land. It is somewhat debatable whether a vesting ordinance 2 has a restraining influence over land use and is subject to vesting,or whether it is a procedural ordinance such as the expiration ordinance in Graham that is not subject to vesting. 3 B. Stormwater Regulations. Modifications are recommended to the proposed development4 agreement to reflect the fact that stormwater regulations are not subject to vesting. 5 The April 2016 staff report states that the project is subject to the 2009 King County stormwater manual. The stormwater manual currently adopted by Renton is the 2016 King County stormwater manual, per RMC 4-6-030(C). The state supreme court has recently ruled that stormwater regulations mandated by the Washington State Department of Ecology g DOE") are not subject to the vested rights doctrine. Snohomish Counry v. Pollution ContYol Hearings Board, 187 Wash.2d 346 (2016). Operation of the City's stormwater 9 system is governed by a Phase II National Pollution Discharge Elimination System NPDES") permit issued by DOE. Condition SS.C.4a.iii of the Phase II NPDES permit 10 requires that stormwater regulations enacted by DOE in 2012 in the Phase ll NPDES permit shall apply to all [land useJ applications submitted on or after July 1, 2017 and shall11applytoapplicationssubmittedpriortoJanuary1, 2017, which have not started 12 construction by January 1, 2022..." In short, new Phase II permit requirements not integrated into the 2009 King county stormwater manual will apply to the project if it hasn't 13 started construction by 2022. Given the delays the applicant has undergone due to its superfund and other issues, it is within the realm of possibility that construction may not start 14 by 2022 and, therefore, new stormwater standards required by the Phase II NPDES permit will apply. 15 16 The proposed development agreement at least partially covers the NPDES requirements in proposed Section 5.2, which provides that vesting doesn't apply to 17 any new federal or state statutes, rules, regulations, administrative interpretations 1 g or court decisions that add regulatory requirerrtents on the City that it must enforce 19 that are not subject to a "grandfather"or "safe harbor" clause that would delay the City's enforcement responsibiliry beyond the life of this Agreement." 20 emphasis added). 21 However, the Snohomish County case and the NPDES vesting condition are arguably not22 new" requirements since they were in place prior to the adoption of the development 23 agreement. Further, if the City is required by a state or federal law to exempt something from vesting, it shouldn't matter whether or not the mandate is "new." "New" as bolded in 24 the quoted language above should be stricken from the development agreement. Further, to 25 remove any doubt about the applicability of the NPDES vesting provision, the following should be added to the end of Section 5.2: Stormwater regulations are specifically exempt26 MASTER PLAN, BINDING SITE PLAN, SSDP and DA 26 1 from vesting to the extent mandated by the Phase II National Pollution Discharge 2 Elimination System permit applicable to the City of Renton. 3 2.5 Zonin / Comprehensive Plan Desi nations. The subject property is zoned and has a 4 comprehensive plan land use designation of Commercial/Office/Residential (COR). 5 3. Review Criteria.RMC 4-9-200(B)requires master plan approval for all development in the COR zone except for airplane manufacturing, large lot subdivisions, SEPA exempt projects and utilities. 6 Binding site plan applications are authorized as an optional means of dividing COR zoned property pursuant to RMC 4-7-230(A)(1). Shoreline substantial development permits are required for any nonexempt development within 200 feet of shorelines pursuant to RMC 4-9-190(B)(3). The criteria g for master plan review is set by RMC 4-9-200(E). The criteria for binding site plan review is set by 9 RMC 4-7-230(C). The criteria for shoreline substantial development permits is set by RMC 4-9- 190(B)(7),which requires compliance with all City of Renton Shoreline Master Program("SMP") use 10 regulations and SMP policies. All applicable criteria are quoted below in italics and applied through 11 corresponding conclusions of law. 12 Master Plan 13 RMC 4-9-200(E)(2). Level of Detail: 14 a. Master Plans: For masler plan applications, the Ac ministrator rll evaluate complicz ce 15 with the Yevietiv criteria al a level of detail appropriate for ma.ster plans. Mua ter plans will 16 be evaliratedf'or general eompliance with the criteric anc to enstire th«t nothing irr the 1 master plun will p•eclude developrnent of a site plan in full compliance with Ihe criteria. 1 g b. Site Plans: For site plan applieations, the Aclministr atof•will crnalvze the pl zn in c etail 19 valuate compliance n ith the s ecific i egitirement,s disciassed below. (Ord. 5676, 12-3- 2012) 20 4. As shown in application of the master plan criteria below, the level of detail of master plan 21 review will be evaluated for general compliance to ensure that nothing in the master plan will preclude 22 development of a site plan in full compliance with the site plan criteria. As shown in the conditions of approval,building and infrastructure improvements are approved at a general level of design with more 23 specific design features to be addressed during site plan review. 24 RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in 25 compliance with the following.• 26 a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: MASTER PLAN, BINDING SITE PLAN, SSDP and DA 27 1 i. Comprehensive Plan: The Comprehensive Plan, its elenzents, goals, objectives, and policies, 2 especially those of the applicable land use designation; the Community Design Element; and any 3 applicable adopted Neighborhood Plan; 4 ii. Applicable land use regulations; 5 iii. Relevant Planned Action Ordinance and Development Agreements; and 6 iu Design Regulations:Intent and guidelines of the design regulations located in RMC 4-3-100. 5. The criterion is met. The proposal is consistent with the comprehensive plan as outlined in g Finding No. 222 of the staff report. The proposal is consistent with the zoning code as outlined in Finding No. 23 of the staff report. The proposal is located in Design District"C"and consistent with 9 Design District "C" development standards as outlined in Finding No. 24 of the staff report. No planned action ordinance or development agreement applies. 10 11 RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: 12 i. Structures:Restricting overscale structures and overconcentration of development on a particular13 portion of the site; 14 ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and 15 adjacent properties; 16 iii. Loading artd Storage Areas:Locating, designing and screening storage aNeas, utilities, rooftop j equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; 18 iu Views: Recognizing the public benefit and desirability of rnaintaining visual accessibility to attractive natural features; 19 20 v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the 21 project; and 22 vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive 23 brightness or glare to adjacent properties and streets. 24 25 2 References to findings in the staff report are designed by "Finding No.References to findings from this 26 recommendation are"FOF No. ." All references to staff report findings should be considered to incorporate any updates to the findings addressed in the April 11,2017 memo to the examiner,Ex. 19. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 28 1 6. The criterion is met. As determined in Finding of Fact No. 5 and 6, no off-site impacts are 2 significantly adverse. Specifically,massing of structures is addressed by FOF No. 5(G), circulation by FOF 6(D), loading and storage areas by FOF 5(I), views by FOF 5(B), landscaping by FOF No. 5(E) 3 and lighting by FOF 5(H). 4 RMC 4-9-200 E 3 c : Ort-Site Im acts:Miti ation o am acts to the site includinPSf P S 5 i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing 6 and orientation; ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural g characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; 9 10 i i. Natura[Features:Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and 11 iv. Lartdscaping: Use of landscaping to soften the appearance of parking areas, to provide shade 1 and privacy where needed, to define and enhance open spaces, and generally to enhance the 13 appearance of the project. Landscaping also includes the design and protection ofplanting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 14 7. The criterion is met. As determined in FOF No. 5 and 6, no on-site impacts are significantly 15 adverse. Structure placement and scale is addressed in FOF No. 5(C) with the added comment that 16 the mixed-use concept proposed by the applicant provides a well-integrated environment for residential owners who will have access to a wide mix of both commercial and recreational facilities. 1 Preservation of natural features is limited by the remediation work to be required by the EPA, however the proposal will enhance public access to the shoreline by the proposed shoreline walking 18 trail, dock and park. Extensive landscaping is required of the project as described in FOF No. 5(E) and this landscaping will serve to provide shade and privacy, define open spaces and generally 19 improve upon aesthetics as required by the criterion quoted above. RMC 4-9-200(E)(3)(d): Access and Circulation: Safe and efficient access and circulation for all 21 users, including: 22 i.Location and Consolidation:Providing access points on side streets orfrontage streets rather than 23 directly onto arterial streets and consolidation of ingr•ess and egress points on the site and, when feasible, with adjacent properties; 24 ii. Internal Circulation:Promoting safery and e ciency of the internal circulation system, including 25 the location, design and dimensions of vehicular and pedestrian access points, drives, parking, 26 turnarounds, walkways, bikeways, and emergency access ways; MASTER PLAN, BINDING SITE PLAN, SSDP and DA 29 1 iii.Loading and Delivery:Separating loading and delivery areas from parking andpedestrian areas; 2 iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and 3 4 v. Pedestrians: Providing safe and attractive pedestrian connections between parking areas, buildings,public sidewalks and adjacent properties. 5 8. The criterion is met. As outlined in FOF No. 6(F), access is consolidated into two points, one 6 on Lake Washington Boulevard and the other on Ripley Way. No connection to the adjoining properties is possible given the development of the adjoining sites. The proposal will provide for safe and efficient internal circulation and pedestrian connections as determined in FOF No. 6(D). g Loading and delivery will be separated from parking and pedestrian areas as outlined in FOF No. 9 5(I). The proposal will be served by adequate transit and bicycle facilities as determined in FOF No. 6(H). 10 RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces to serve as distinctive project11focalpointsandtoprovideadequateareasforpassiveandactiverecreationbytheoccupants/users i 2 of the site. 13 9. As conditioned, the proposal satisfies the criterion quoted above for the reasons identified in FOF 6(C). 14 5 RMC 4-9-200(E)(3)(: Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 16 10. The criterion is met. The proposal provides for view corridors to the Lake Washington shoreline 1 as determined in FOF No. 5(B). The proposal provides for shoreline access as determined in FOF 1 g No. 6(I). 19 RMC 4-9-200(E)(3)(g): Natural Systems:Arranging project elements to protect existing natural systems where applicable. 20 21 11. The criterion is met. As determined in Finding of Fact No. 5(A),the natural systems at the site i.e. critical areas)will be protected as required by the EPA ROD and City critical area regulations. 22 RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and23facilitiestoaccommodatetheproposeduse. 24 12. The criterion is met. The project is served by adeyuate services and facilities as determined in 25 Finding of Fact No. 6. 26 RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with developrrtent phases and estirnated time,fr ames,for phased projects. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 30 1 13. The applicant did not request any phasing with the project application. However, due to the 2 scale of the project staff anticipates that the applicant may want to consider phasing of the 3 infrastructure construction at a later date. If the applicant would like to consider phasing of the infrastructure construction a phasing plan would be required to be submitted to the City of Renton 4 for review and approval as a part of the first site plan review application. Permit expiration is 5 governed by the proposed development agreement. 6 Binding Site Plan RMC 4-7-230(C): g APPROVAL CRITERIA: 9 Approval of a binding site plan or a commercial condominium site shall take place only after the following criteria are met: 10 1. Legal Lots: The site that is subject to the binding site plan shall consist of one or moreI1contiguous, legally created lots. Lots, parcels, or tracts created through the binding site plan 12 procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed in the applicable zoning district.New nonconforming 13 lots shall not be created through the binding site plan process. 14 14. The criterion is met. The subject parcel is a legally created lot of record and all proposed lots would comply with the minimum lot standards of the zone as show in Finding No. 23 of the staff 15 report. The COR zone has no minimum lot size and dimensional standards. However, proposed lots 16 1,6,and 7 would be fully impacted by either wetlands and their buffers or shoreline buffer as identified through the EIS process with the EPA. As such, a recommended condition of approval reyuires that l lots 1, 6, and 7 should be designated open space tracts instead of lots because these areas would not be buildable if created. 18 The portion of the parcel waterward of the OHWM of Lake Washington is not identified as a lot or 19 tract on the binding site plan. A recommended condition of approval requires that this area remains a 20 part of the parcel and shall be identified on the final binding site plan as an undevelopable area and placed in a tract unless another mechanism is approved by the Property Services Division. 21 2. If minimum lot dimensions and building setbacks for each newly created lot cannot be met, 22 the binding site plan shall be processed as a commercial condominium site per subsection D of this Section or merged with a planned urban development application per RMC 4-9-1 S0. 23 15. Minimum lot dimensions and setbacks are provided; therefore, no commercial condominium 24 site creation is required. 25 3. Commercial or Industrial Property: The site is located within a commercial, industrial, or 26 mixed-use zone. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 31 1 16. The site is located within the mixed-use COR zone. It is eligible for binding site plan approval. 2 4. Zoning Code Requirements:Individual lots created through the binding site plan shall comply 3 with all of the zoning code requirements and development standards of the underlying zoning district. Where minirrtum lot dimensions or setbacks cannot be met, the binding site plan shall4beprocessedasacommercialcondominiumsiteperRMC4-7-230D. 5 a. New Construction: The site shall be in conformance with the zoning code requirements 6 and development standards of the underlying zoning district at the time the application is submitted. 7 b. Existing Development: If the site is nonconforming prior to a binding site plan 8 application, the site shall be brought into conformance with the development standards of the underlying zoning district at the time the application is submitted. In situations9wherethesitecannotbebroughtintoconformanceduetophysicallimitationsorother 10 circumstances, the binding site plan shall not make the site more nonconforming than at the time a completed application is submitted. 11 c. Under either new construction or existing development, applicants for binding site 12 plan may propose shared signage,parking, and access if they are specifically authorized per RMC 4-4-080E3, 4-4-080I7, and 4-4-IOOES, and other shared improvements as 13 authorized in other sections of the Ciry's development standards. 4 17. The criterion is met. As previously concluded, the proposal is consistent with applicable 15 comprehensive plan policies, City of Renton zoning regulations and design guidelines. The applicant has not requested shared signage or parking. Shared access between the proposed new lots is proposed 16 as outlined in FOF No. 6(F). Shared parking is required pursuant to Mitigation Document condition H7. A proposal for shared parking shall be submitted with site plan review application. If shared 17 parking is proposed between lots and approved by the City at site plan review, this should be noted on the binding site plan prior to recording.18 19 20 5. Building Code Requirements: All building code requirements have been met per RMC 4-5- 010. 21 18. The criterion is met. All building code requirements will be reviewed at the time of building 22 permit approval. 23 6. Infrastructure Provisions:Adequate provisions, either on the face of the binding site plan or 24 in a supporting document, have been made for drainageways, alleys, streets, other public ways, water supplies, open space, solid waste, and sanitary wastes,for the entire property covered by 25 the binding site plan. 26 MASTER PLAN, BINDING SITE PLAN, SSDP and DA 32 1 19. The criterion is met. As described in Finding of Fact No. 6, the applicant has made adequate 2 provisions for all drainageways, streets, water supplies, open space, solid waste and sanitary waste. This criterion is satisfied. 3 7. Access to Public Rights-of-Way and Utilities: Each parcel created by the binding site plan4shallhaveaccesstoapublicstreet, water supply, sanitary sewer, and utilities by means of direct 5 access or access easement approved by the City. 6 20. The criterion is met. As described in Finding of Fact No. 5(F), each lot will have access to a private road, which in turn will connect to a public road via the two access points of the site. As noted 7 in FOF No. 6(A), water and sewer lines are in proximity to the project site. Staff have determined that each lot will be served by water, sanitary sewer, and utilities as proposed. However, a phasing plan g for the installation of the access and utilities was not provided with the application, therefore a 9 recommended condition of approval requires that all common facilities including but not limited to roadways, utilities, common landscaping, and public art/gateway features shall be permitted, 10 constructed, and determined substantially complete by the City of Renton Construction Inspector prior to Binding Site Plan Recording and prior to issuance of a building permit for any individual lot, unless 11 a separate phasing plan is approved through site plan review. 12 8. Shared Conditions: The Administrator may authorize sharing of open space,parking, access, signage and other improvements among contiguous properties subject to the binding site plan13 and the provisions of RMC 4-4-080E3, 4-4-080I7, and 4-4-IOOES. Conditions of use, 14 maintenance, and restrictions on redevelopment of shared open space,parking, access, signage and other improvements shall be identified on the binding site plan and enforced by covenants, 15 easements or other similar properly recorded mechanism. 16 21. The criterion is met. Vehicular access and parking will be shared as noted in COL No. 17. No shared signage has been proposed. A condition of approval reyuires the applicant to provide a covenant 1 or HOA documents for City review and approval identifying the developer/property owners/HOA 18 responsibilities for the maintenance of all common facilities constructed as a part of the Binding Site Plan and Master Site Plan. The condition requires that the approved documentation shall be recorded 19 'th the Binding Site Plan. 20 9. Future Development: The binding site plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded 21 binding site plan. 22 22. As conditioned,the criterion is met. The provided binding site plan does not contain a provision 23 for requiring subsequent development of the site to be in conformance with the approved and recoded binding site plan. As such, a recommended condition of approval requires compliance with this 24 standard. 25 10. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the binding site plan. 26 23. No dedication has been approved for the subject project. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 33 1 I1. Suitable Physical Characteristics: A proposed binding site plan may be denied because of 2 flood, inundation, or wetland conditions, or construction of protective improvements may be required as condition of approval. 3 24. The criterion is met. The physical characteristics identified in the criterion are regulated by the4 City's critical area regulations. As noted in Finding of Fact No. 5(A),the proposal complies with the 5 City's critical area regulations. 6 Shoreline Permit RMC 4-9-190(B)(7): In order to be approved, the Administrator of the Department of Community and g Economic Development or designee mustfind that a proposal is consistent with the following criteria: 9 a. All regulations of the Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards 10 that have been modified by approval of a shoreline variance. 11 b. All policies of the Shoreline Master Program appropriate to the shoreline area designation 12 and the type of use or development activity proposed shall be considered and substantial compliance demonstrated. A reasonable proposal that cannot fully conform to these policies may be permitted, 13 Provided it is demonstrated to the Administrator of the Departrrient of Community and Economic Development or designee that the proposal is clearly consistent with the overall goals, objectives and 14 intent of the Shoreline Master Program. 15 c. For projects located on Lake Washington the criteria in RCW 90.58.020 regarding shorelines 16 of statewide significance and relevant policies and regulations of the Shoreline Master Program shall also be adhered to. 17 25. The proposal complies with all applicable shoreline policies and regulations as detailed 18 in Finding No. 29 of the staff report. In summary, commercial shoreline use regulations requires the proposal to provide for significant shoreline access. This access is provided as determined in FOF No. 19 6(I). The commercial use regulations further reyuire that parking is to be provided at frequent locations 20 and is discouraged along the water's edge. This requirement is met as surface parking and structured parking are both proposed a minimum of 100 feet back from the OHWM. The commercial use 21 regulations also require that commercial development incorporate recreational opportunities along the shoreline. This is met for the reasons identified in FOF 6(I). The development agreement adds a 1.3- 22 acre park along the shoreline to further integrate recreational opportunities. Shoreline regulations further require that view impacts be mitigated and the applicant has provided for view mitigation as 23 determined in FOF No. 5(B). Shoreline regulations impose a 50-foot setback for the proposal. EIS 24 mitigation requires a 100-foot setback. The proposal complies with this 100-foot setback except for a proposed water line. A recommended condition of approval reyuires the water line to be moved outside 25 the 100-foot setback. 26 The staff report does not address compliance with RMC 4-3-090(K), which requires applicants for shoreline projects to abate, avoid or otherwise control the harmful effects of shoreline development on MASTER PLAN, BINDING SITE PLAN, SSDP and DA 34 1 shoreline ecological resources. For the reasons identified in Finding of Fact No. 5(A), the impacts of 2 the proposal on shoreline ecological resources have been mitigated and controlled as required by RMC 4-3-090(K). 3 4 5 DECISION 6 For the reasons identified in the Conclusions of Law, above, all applicable review criteria for the applicant's master plan, binding site plan and shoreline substantial development permit applications 7 are met by the proposal. Consequently, it is recommended that the City Council approve the applications, subject to the conditions identified below. It is also recommended that the City Councilgapprovetheproposeddevelopmentagreementforthereasonsidentifiedinthesummaryofthis 9 recommendation, subject to the modifications recommended in Conclusion of Law No. 2(B). The permit applications should be subject to the following conditions: 10 1. The applicant shall comply with the 91 mitigation measures included in the Mitigation 1 Document dated, August of 2015. 2. All lots shall meet maXimum building lot coverage either individually or combined 12 through site plan review. The combined coverage may include open space tracts set aside 13 through the binding site plan. 3. All common facilities including but not limited to roadways (including curb, gutter, 14 sidewalk, and street trees or landscape strips), utilities, street lights, street names, common 15 landscaping(including irrigation),trails (including signage and amenities), public art/gateway features, and habitat restoration/recreation as determined by the EPA ROD 16 shall be permitted, constructed, and determined substantially complete by the City of 1 Renton Construction Inspector and Current Planning Project Manager prior to Binding Site Plan Recording and prior to issuance of a building permit for any individual lot, 18 unless a separate phasing plan is approved and if the Administrator determines that any 19 delay in satisfying these requirements will not adversely impact the public health, safety or welfare. 20 4. The minimum partial sight-obscuring landscape visual barrier(buffers) shall be 21 maintained along the north and south property line as shown in Exhibit 11 and shall be identified on the recorded binding site plan, as reyuired by Mitigation Measures E1, E2, 22 and F5. 23 5. A minimum of 10 feet of screening landscaping shall be required behind the sidewalk when the sidewalk is adjacent to at grade parking structures. A detailed landscape plan for 24 each site shall be reviewed at the time of lot specific site plan review. 25 6. Lots 1, 6, and 7 shall become open space tracts and shall not be recorded as lots on the Binding Site Plan. All critical areas and their buffer shall be contained within these tracts 26 as referenced and required by Mitigation Measure B5. A Native Growth Protection Easement shall be recorded and noted on the face of the recorded Binding Site Plan. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 35 1 7. If shared parking is proposed between lots and is approved by the City at site plan review, 2 this should be noted on the binding site plan prior to recording. 3 8. Roads A—C shall become private streets on the recorded binding site plan and an easement for public access and emergency services shall be recorded over Roads A, C, 4 and B. The public access easement shall be reviewed and approved by the City Attorney and Property Services Division prior to binding site plan recording.5 9. The recorded binding site plan shall contain a provision requiring that any subsequent 6 development of the site shall be in conformance with the approved and recorded binding site plan. The required statement should be reviewed and approved by the Current Planning Project Manager and Property Services prior to recording. g 10. Public trail signage shall be installed identifying that the trail is for public use and the hours of public use. The trail signage shall be reviewed and approved by the Current9 Planning Project Manager and the Community Services Administrator with the 10 construction permit application. The trail and associated signage shall be installed prior to Temporary Occupancy of the first building on the project site.11 11. An easement for public trail access shall be recorded with the binding site and public 12 access shall be noted on the binding site plan prior to recording. 12. Off-site improvements identified in the Mitigation Document, including but not limited to13MitigationMeasures: 14 B 10 -public trail 15 G2—public trail and open space G3 — Frontage improvements, including sidewalks along the west side of Lake 16 Washington Blvd. and Ripley Lane N. 1 G7—trail signage G9—crosswalk 1 g G10—trail amenities 19 H3 —frontage improvements along Lake Washington Blvd. and Ripley Lane N 20 H4—trail HS —traffic calming measures 21 H8—fire access road 22 H 10—bicycle lane H11 — H15 — off site traffic improvement mitigation, such as channelization and 23 signalization 24 shall be designed, permitted, constructed, and substantial complete as determined by the Current Planning Project Manager and the Construction Inspector, prior to Temporary 25 Occupancy of the first building on the project site. 13. The following street classification shall be noted on the binding site plan: Road A, B, and26 C are Pedestrian Oriented Streets, and Roads D and E are Internal Roads. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 36 1 14. The private access at the Barbee Mill Access shall include frontage improvements 2 matching the south side of the access, including a landscaped planter and sidewalk to be 3 provided on the north side. The new private access to be located at the Ripley Lane Seahawks Way) access shall include 8 feet wide landscape planter and 6 foot wide 4 sidewalk on south side of the access. These off-site improvements shall be designed, permitted, constructed, and substantial complete as determined by the Current Planning5 Project Manager and the Construction Inspector, prior to Temporary Occupancy of the 6 first building on the project site 15. Either commercial uses are provided along the street frontages of roads A, B, and C or a minimum 10 foot landscape screen is located between the sidewalk and the parking g garage. Compliance with this condition shall be demonstrated at lot specific site plan review. 9 16. Parking garage curb cuts shall be reduced to the minimum necessary to improve 10 uninterrupted pedestrian mobility along Road A and C and curb cuts should not be permitted along Road B. Access points to the parking decks shall be consolidated with the11 ground level parking garages. Compliance with this condition shall be demonstrated at lot IZ specific site plan review. 17. Vehicular access points to the parking garages shall be restricted to one entrance and exit 13 per 500 linear feet as measured horizontally along the street, unless a secondary access is 14 required per fire and/or building code. Compliance with this condition shall be demonstrated at lot specific site plan review. 15 18. To ensure the semi-private plaza spaces meet the intent of the design district a detailed 16 design of these areas shall be submitted for review and approval with lot specific site plan review. Each plaza area shall provide a unique space that includes both landscaping and 1 amenities as approved by the Director. 1 g 19. To ensure that all uses receive eyual signage opportunities an overall sign design package shall be submitted for review and approval by the Current Planning Project Manager prior 19 to the approval of any sign permit for the site. 20 20. Minimum setbacks from parent parcels edges shall be as follows: a. 100 feet from the OHWM of Lake Washington 21 b. 40 feet from the south (adjacent to Barbee Mill) 22 c. 38 feet from the north (adjacent to Seahawk's Training Facility) 21. To ensure minimum view corridors are maintained Road B shall maintain a minimum 23 width of 74 feet and the semi-private plaza spaces on top of the parking garages shall 24 maintain a minimum width of 80 feet. 22. West elevations of the building proposed on Lots 2 and 5 shall be re-designed to reduce to 25 the parking garage walls view from Lake Washington to ensure the structures on the lake 26 maintain a relation to the natural characteristic and site amenities (trail, etc.). Design MASTER PLAN, BINDING SITE PLAN, SSDP and DA 37 1 features could include landscape berming and/or architectural details. Detail design of 2 these buildings shall be completed at site plan review. 3 23. Secure, weather protected bike parking facilities shall be provided for the residential units on site. Bike parking should be provided at a ratio of 0.5 stalls per unit. Bike parking for 4 the residents shall not be located on balconies or in the unit. A residential bike parking plan shall be provided with lot specific site plan review. 5 24. A compatible architectural design shall be maintained throughout the Quendall Terminals 6 site and a consistence evaluation shall be completed at site plan review for each building proposed on lots 2, 3, 4, and 5. 25. Usable public plaza space shall be provided along Lake Washington and the NW corer of g the building on Lot 5 and the SW corner of the building on Lot 2. The details of the design of this space shall be included in the lot specific site plan review applications for 9 lots 2 and 5. 10 26. Details shall be included on the final Binding Site Plan identifying compliance with the infrastructure provisions of RMC 4-7-230. This shall be reviewed by the Plan Review ro ect mana er Current Plannin ro ect mana er and Pro ert Services for a rovalPJg gP J g P Y pP 12 prior to recording. 27. If the ROD and NRD Settlement results in the project's inability to comply with the13 critical area regulations as currently designed and assumed in the baseline conditions (i.e. 4 the buffers of the recreated wetlands can be averaged within proposed lots 1 and 6) Lots 1 and 6 shall be increased to ensure compliance with the critical areas regulations and that I S all wetlands and associated buffers are contained in what will become NGPA tracts. If the 16 change to the overall development is considered a Major Adjustment to an approved site development plan per RMC 4-9-200J a new application would be required. 1 28. A bicycle lane shall be constructed on both the north and south side of Ripley Lane 1 g Seahawks Way) with or without the construction of the multi-purpose trail. 29. The applicant shall amend the street cross section as shown in Exhibit 16 at the time of 19 construction permit review. 20 30. A stormwater covenant for allowing the City access to inspect the stormwater facilities built on site and assigning maintenance responsibility of the BMPs to the property 21 owners/developer/HOA shall be required to be recorded with the binding site plan. 31. To ensure that all facilities including but not limited to, stormwater, common landscaping, 23 open space, sidewalks and roadways, street lights, open space tracts, etc. shall be maintained, the applicant shall provide a covenant or HOA documents for City review and24 approval identifying the developer/property owners/HOA responsibilities for the 25 maintenance of all common facilities constructed as a part of the Binding Site Plan and Master Site Plan. Approved documentation shall be recorded with the Binding Site Plan. 26 MASTER PLAN, BINDING SITE PLAN, SSDP and DA 38 1 32. Staff recommended Condition No. 32 removed per Ex. 19 April 11, 2017 memo to 2 examiner. 3 33. A minimum 15-foot-wide easement shall be provided to the City of Renton for the public 4 sewer mains located in the private streets. The easement shall be submitted for review and approval by the City of Renton Property Services and Public Works Department prior to 5 binding site plan recording. 6 34. A minimum 15-foot-wide easement for utility and maintenance shall be provided to the City of Renton for the public water lines located onsite. The easement shall be submitted for review and approval by the City of Renton Property Services and Public Works Department prior to binding site plan recording. g 35. The Binding Site Plan shall be recorded prior to temporary occupancy of any building on 9 the subject site. 36. A revised sewer report shall be submitted with the construction permit application that 10 Will reevaluate the existing Baxter lift station and identify the necessary allowance, which 11 should be 1,500 gallons/acre/day, or as otherwise identified by the City Public Works Department. 12 37. Any existing utilities under the proposed building or that will result in a conflict with the 13 proposed binding site plan, shall be required to be abandoned and removed, and the easement shall be relinquished or amended subject to City approvaL Final documentation 14 shall be submitted for review and approval prior to Binding Site Plan recording. 15 38. The proposed sewer manhole should be relocated outside of the landscape island in the center of Road B to ensure the City's sewer maintenance department can access the 16 facility. 1 39. Before construction permit and building permit issuance an agreement should be completed for the reyuired off-site improvements between the developer and all other 1 g affected properties. Such agreement shall be provided to the Current Planning Project 19 Manager with the construction permit application and the first building permit application for the site. 20 40. All new motor vehicle travel lanes as shown on Exhibit 18 shall be constructed based on the 21 timing identified above per condition of approval 12. 41. A fire lane and utility maintenance access road along Lake Washington extending along the 22 front of Lots 2 and 5, connecting to Road B terminus and the surface parking at either end 23 shall be incorporated into the design of the buildings on Lots 2 and 5. This fire lane and utility maintenance access road shall feature pedestrian amenities such as furniture, public 24 art, water features, etc. Design of the fire lane and utility maintenance access road compliance with this condition shall be reviewed at the time of lot specific site plan review. 25 42. The portion of the parcel water word of the OHWM of Lake Washington shall be identified 26 on the final binding site plan as an undevelopable area and placed in a tract unless another mechanism is approved by the Property Services Division. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 39 1 43. Documentation shall be provided to the City of Renton identifying rights for public 2 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 3 recorded concurrently with the binding site plan, if not already recorded. The City of Renton shall have final approval of acceptable legal access documentation.4 5 44. The following conditions shall be complied with prior to individual site plan review application for any lot included in the Binding Site Plan, Binding Site Plan recording, and6constructionpermitissuance. I. Upon the EPA, ROD and NRD settlement, a density worksheet shall be submitted to the Current Planning Project Manager identifying compliance with net density g for the overall site. Once compliance is identified, the maximum number of units 9 per lot shall be recorded on the final binding site plan to allow the maximum permitted density to be shared among the entire property. 10 jI. A final detailed landscape plan and associated irrigation plan shall be submitted 11 for review and approval for the common areas, unless a phasing plan for common landscaping installation is approved. If a phasing plan is submitted and approved, 12 a final detailed landscape plan, or phase thereof, shall be submitted in compliance 13 with the approved phasing plan. II1. A parking plan shall be provided specifically identifying public parking for the 14 proposed shoreline trail, in compliance with Mitigation Measure G4, for review 15 and approval by the Current Planning Project Manager and the Park Planning and Natural Resources Director. The approved public parking shall be identified on 16 the recording Binding Site Plan. 1 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 1 g Record of Decision (ROD) completed by the EPA. A copy of the final ROD 19 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 20 changes are not necessary as required in Mitigation Measure C 10. 21 V. The applicant shall provide an updated site plan and any other necessary materials to identify compliance with mitigation measures G2, G7, G10, and G11 for 22 review and approval by the Current Planning Project Manager and the 23 Community Services Administrator. VI. A "gateway feature" package shall be prepared for review and approval by the 24 Current Planning Project Manager. If such gateway features would be considered 25 common amenities such as public art or entry elements these shall be installed pursuant to condition of approval 3. 26 VII. An update site plan shall be provided identifying a complete connected pedestrian pathway system, including an evaluation of on-site crosswalks to ensure MASTER PLAN, BINDING SITE PLAN, SSDP and DA 40 1 pedestrian safety. The pedestrian pathway system shall be submitted for review 2 and approval by the Current Planning Project Manager and shall demonstrate 3 compliance with mitigation measure H3, H4 and H9. The final approved pedestrian pathway system shall be shown on the binding site plan upon 4 recording. VIII. An updated site plan shall be provided identifying the required 1.8 acres of active5 recreation area, per mitigation measure G8, or a plan shall be provided for review 6 and approval of the Current Planning Project Manager to identify which portion of the 1.8 acres would be allocated to which lot. IX. A site lighting plan shall be provided identifying compliance with mitigation g measure F 13 and H9 and the design standards for the common areas, including but not limited to, sidewalks, roadways, gateway features, public art, special9 landscape treatment, open space/plaza, and trails, for review and approval by the 10 Current Planning Project Manager, Public Works Department, and Community Services. 11 X. Doucmentation shall be provided to the City identifing rights to constrct a 12 crossing for vehicles and pedestrians across King County ownered rail road right- of-way. 13 XI. Bicycle parking shall be provided in the form of bike racks for commercial and 14 public trail users. Bike parking should be provided at a ratio of 10 percent of the required parking stalls for the commercial uses. An updated site plan shall be 15 provided identifying common bike rack locations, numbers, and design. 16 XII. A detailed trail design, identifying compliance with mitigation measures B10, G3, G2, G10, G11 and H4, shall be submitted for review and approval by the Current 17 Planning Project Manager and the Community Services Department. 1 g XIII. An updated site plan shall be submitted for reviewed and approved by the Current Planning Project Manager and Plan Reviewer identifying compliance with the 19 amended street cross sections, in Exhibit 16. 20 XIV. Road A street design shall be amended to remove the center turn lane and the design shall be reflected on the required updated site plan, as conditioned above 21 under XIII. 22 XV. The following utility line design changes shall be required and an updated conceptual utility plan shall be provided for review and approval by the Plan 23 Reviewer: 24 a. Relocate about 870 feet of existing 12-inch water main along the property frontage to be within the new access road referred to as Road A. The 25 existing water line cannot be accessible for repair and maintenance due to 26 the location of the proposed new Road A. MASTER PLAN, BINDING SITE PLAN, SSDP and DA 41 1 b. Relocate the new 12-inch water main on the west side of the project to be 2 within the paved 20-foot fire access road if located outside the 100-foot 3 buffer. The water main must be located at least 10 feet away from the building foundation and outside of the shoreline riparian area. 4 c. Minimum 15 feet easement should be provided for the water main. d. The waterline shall be relocated outside the 100-shoreline buffer.5 e. Update utility line minimum separation standards per City of Renton 6 regulations. XVL 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 8 signage, and amenities as identified in the Mitigation Document; 2) A fire lane and utility maintenance access road long the lake side of the development of Lots9 2 and 5; 3) Large plazas at the terminus of Road B; and 4) Public parking a new 10 public access plan shall be submitted identifying compliance with the significant public access standards of the Shoreline Master Program. The new public access 11 plan shall be reviewed and approved by the Current Planning Project Manager. 12 XVIL A Transportation Demand Management (TDM) program and draft shared parking agreement shall be submitted for any and all proposed development lots, identifying13 compliance with Mitigation Measures H2, H7 and F12. The TDM and shared 14 parking agreements shall be reviewed and approved by the Current Planning Project Manager and the Public Works Department, Transportation Division. 15 XVIIL A final detailed master site plan shall be submitted to the City for Review and 16 Approval by the Current Planning Project Manager that incorporates both the specific changes identified in the Enhanced Alternative and all the conditions of 1 project approvaL The final detailed master plan shall be approved prior to the 1 g approval of any site-specific site plan review or recording of the binding site plan. XIX. Public Art, fountains, or other street activation features proposed be located in the 19 roadways shall be identified with the detailed master site plan and constructed and 20 installed as a part of the associated roadway/infrastructure construction. XX. A detailed public park design, identifying compliance with the Development 21 Agreement, shall be submitted for review and approval by the Current Planning 22 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. 23 24 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. 25 26 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 MASTER PLAN, BINDING SITE PLAN, SSDP and DA 42 1 Planning Project Manager and the Community Services Administrator with the 2 construction permit application. The park and associated signage shall be installed prior to Temporary Occupancy of the first building on the project site. 3 4 Decision issued May 9, 2017. 5 c.--'_--..6 Phi A.(Ibce ht Hearing Examiner 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MASTER PLAN, BiNDING SITE PLAN, SSDP and DA 43