Loading...
HomeMy WebLinkAboutORD 5740 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5740 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A PLANNED ACTION FOR THE SUNSET AREA PURSUANT TO THE STATE ENVIRONMENTAL POLICY ACT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The Council finds as follows: A. The City is subject to the requirements of the Growth Management Act, RCW 36.70A ("GMA") and is located within an Urban Growth Area; B. The City has adopted a Comprehensive Plan complying with the GMA, and has amended the Comprehensive Plan to address transportation improvements and capital facilities specific to the Sunset Area; C. The City has adopted a Community Investment Strategy, development regulations, and design guidelines specific to the Sunset Area which will guide growth and revitalization of the area, including the Sunset Terrace public housing project; D. The City has prepared an Environmental Impact Statement (EIS) for the Sunset Area, supplemented by an addendum, that addresses the probable significant environmental impacts associated with the location, type, and amount of development anticipated in the Planned Action area; E. The mitigation measures identified in the Planned Action EIS, and attached to this ordinance as Attachment B, together with adopted City development regulations, will 1 ORDINANCE NO. 5740 adequately mitigate the probable significant adverse environmental impacts from development within the Planned Action area; F. Future projects in and around the Planned Action will protect the environment, benefit the public and enhance economic development; G. The public has meaningfully participated in the proposed Planned Action, during comment periods, meetings, and hearings, during and after the preparation of the EIS, and the City has modified the proposal or mitigation measures in response to some of the suggestions; H. The Sunset Area Planned Action is not an essential public facility as defined by RCW 36.70A.200(1); I. The Planned Action area applies to a defined subarea of the City boundaries; J. Public services and facilities are adequate to serve the proposed Planned Action area; K. A revised master plan for the Sunset Terrace area was submitted to the City on October 27, 2014; L. A National Environmental Policy Act (NEPA) Reevaluation, dated September 2014, as authorized by U.S. Department of Housing and Urban Development regulations, and an addendum pursuant to SEPA were prepared to consider the environmental effects of the revised Sunset Terrace master plan; and M. The City Council held a public hearing on December 8, 2014, regarding amendments to the Planned Action applicable to the Sunset Area in order to integrate the Reevaluation Alternative, outlined in the NEPA Reevaluation. 2 ORDINANCE NO. 5740 SECTION II. Procedures and Criteria for Evaluating and Determining Protects as Planned Actions. A. Planned Action Area. The Planned Action designation shall apply to the area shown in Attachment A. B. Environmental Document. A Planned Action determination for a site-specific implementing project application shall be based on the environmental analysis contained in the Draft EIS issued by the City on December 17, 2010, and the Final EIS published on April 1, 2011, and the NEPA reevaluation/SEPA addendum published on December 5, 2014. The Planned Action EIS shall consist of the Draft EIS, Final EIS, and the NEPA reevaluation/SEPA addendum. The mitigation measures contained in Attachment B are based upon the findings of the above- mentioned environmental documents and shall, along with adopted City regulations, provide the framework for the City's imposition of appropriate conditions on qualifying Planned Action projects. C. Planned Action Designated. Land uses and activities described in the Planned Action EIS, subject to the thresholds described in subsection ILD below and the mitigation measures contained in Attachment B, are designated Planned Actions or Planned Action Projects pursuant to RCW 43.21C.031. A development application for a site-specific Planned Action project located within the Sunset Area shall be designated a Planned Action if it meets the criteria set forth in subsection ILD of this ordinance and applicable laws, codes, development regulations and standards of the City. 3 ORDINANCE NO. 5740 D. Planned Action Qualifications. The following thresholds shall be used to determine if a site-specific development proposed within the Sunset Area is contemplated by the Planned Action and has had its environmental impacts evaluated in the Planned Action EIS: (1) Land Use. (a) The following general categories/types of land uses are considered Planned Actions: Single family and multi-family residential; schools; parks; community and public facilities; office and conference; retail; entertainment and recreation; services; utilities; and mixed-use development incorporating more than one use category where permitted. (b) Individual land uses considered as Planned Actions shall include those uses specifically listed in RMC 4-2-060, Zoning Use Table — Uses Allowed in Zoning Designations, as permitted or conditionally permitted in the zoning classifications applied to properties within the Planned Action area provided they are consistent with the general categories/types of land uses in (1)(a). (2) Development Thresholds. (a) The following amount of various new land uses are anticipated by the Planned Action: Land Use Development Amount Alternative 3/ Reevaluation HIS Preferred Alt Alternative Residential 2,506 units 2,339 units Schools 57,010 gross square feet 57,010 gross square feet Parks 0.25 -3.2 acres 3 acres Office/Service 776,805 gross square feet 745,810 gross square feet Retail 476,299 gross square feet 457,119 gross square feet 4 ORDINANCE NO. 5740 (b) The following infrastructure and utilities are considered planned actions: roadways, water, wastewater, and stormwater facilities identified and studied in the EIS. (c) Shifting development amounts between categories of uses may be permitted so long as the total build-out does not exceed the aggregate amount of development and trip generation reviewed in the EIS, and so long as the impacts of that development have been identified in the Planned Action EIS and are mitigated consistent with Attachment B. (d) The Renton Sunset Area Master Site Plan is included in Attachment C and is to be used as a conceptual guide to redevelopment in that portion of the Planned Action area, together with the land use studied in the NEPA reevaluation/SEPA addendum published on November 21, 2014, and the use allowances of the Renton Municipal Code. (e) If future development proposals in the Planned Action area exceed the development thresholds specified in this ordinance, further environmental review may be required pursuant to WAC 197-11-172, Planned actions—Project review. Further, if proposed development would alter the assumptions and analysis in the Planned Action EIS, further environmental review may be required. (3) Transportation -Trip Ranges and Thresholds. Inserted below are the new PM Peak Hour Trips anticipated in the Planned Action area: Alternative/Period PM Peak Hour Trips* 2006 2,082 trips 2030 Alternative 3 / Reevaluation 5,555 trips 5 ORDINANCE NO. 5740 Alternative/Period PM Peak Hour Trips* Alternative 2030 Preferred Alt 5,386 trips Net increase from 2006-> 2030 3,473 trips Alternative 3/ Reevaluation Alternative Net increase from 2006-> 2030 Preferred 3,304 trips Alternative *all P.M. peak hour trips with at least one end (origin, destination, or both) in TAZs containing the study area Uses or activities that would exceed the range of maximum trip levels will require additional SEPA review. (4) Changed Conditions. Should environmental conditions change significantly from those analyzed in the Planned Action EIS, the City's SEPA Responsible Official may determine that the Planned Action designation is no longer applicable until supplemental environmental review is conducted. E. Planned Action Review Criteria. (1) The City's Environmental Review Committee may designate as "planned actions", pursuant to RCW 43.21C.030, Guidelines for state agencies, local governments -- Statements -- Reports -- Advice — Information, applications that meet all of the following conditions: (a) The proposal is located within the Planned Action area identified in Attachment A of this ordinance; (b) The proposed uses and activities are consistent with those described in the Planned Action EIS and subsection ILD of this ordinance; 6 ORDINANCE NO. 5740 (c) The proposal is within the Planned Action thresholds and other criteria of subsection ILD of this ordinance; (d) The proposal is consistent with the City of Renton Comprehensive Plan and applicable zoning regulations; (e) The proposal's probable significant adverse environmental impacts have been identified in the Planned Action EIS; (f) The proposal's probable significant adverse environmental impacts have been mitigated by application of the measures identified in Attachment B, and other applicable City regulations, together with any modifications or variances or special permits that may be required; (g) The proposal complies with all applicable local, state and/or federal laws and regulations, and the Environmental Review Committee determines that these constitute adequate mitigation; and (h) The proposal is not an essential public facility as defined by RCW 36.70A.200(1). (2) The City shall base its decision on review of a SEPA checklist, or an alternative form approved by the Department of Ecology, and review of the application and supporting documentation. (3) A proposal that meets the criteria of this section shall be considered to qualify and be designated as a planned action, consistent with the requirements of RCW 43.21C.030, Guidelines for state agencies, local governments--Statements-- Reports --Advice– Information, WAC 197-11-164, Planned actions—Definition and criteria, and this ordinance. 7 ORDINANCE NO. 5740 F. Effect of Planned Action. (1) Designation as a planned action project means that a qualifying proposal has been reviewed in accordance with this ordinance and found to be consistent with its development parameters and thresholds, and with the Planned Action EIS's environmental analysis. (2) Upon determination by the City's Environmental Review Committee that the proposal meets the criteria of subsection II.D and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA. G. Planned Action Permit Process. Applications for planned actions shall be reviewed pursuant to the following process: (1) If the project is determined to qualify as a Planned Action, it shall proceed in accordance with the applicable permit review procedures specified in RMC 4-8- 080.G and RMC 4-9, except that no SEPA threshold determination, EIS or additional SEPA review shall be required. The decision of the Environmental Review Committee regarding qualification as a Planned Action shall be final. (2) Public notice and review for projects that qualify as Planned Actions shall be tied to the underlying permit. The review process for the underlying permit shall be as provided in RMC 4-8-080.G, Land Use Permit Procedures, and RMC 4-9 as modified by RCW 43.21C.440(3)(b). If notice, in addition to the requirements of RCW 43.21C.440(3)(b), Planned action — Defined — Authority of a county, city, or town — Community meetings, is otherwise required for the underlying permit, the notice shall state that the project has qualified as a 8 ORDINANCE NO. 5740 Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required by this ordinance. (3) If a project is determined to not qualify as a Planned Action, the Environmental Review Committee shall so notify the applicant and require a SEPA review procedure consistent with the City's SEPA regulations and the requirements of state law. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action. (4) Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA documents, to meet their SEPA requirements. The Environmental Review Committee may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Planned Action EIS. SECTION 111. Monitoring and Review. A. The City shall monitor the progress of development in the designated Planned Action area to ensure that it is consistent with the assumptions of this ordinance and the Planned Action EIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Sunset Area. B. This Planned Action ordinance shall be reviewed no later than five (5) years from its effective date by the Environmental Review Committee to determine the continuing relevance of its assumptions and findings with respect to environmental conditions in the Planned Action area, the impacts of development, and required mitigation measures. Based 9 ORDINANCE N0. 5740 upon this review, the City may propose amendments to this ordinance and/or may supplement or revise the Planned Action EIS. C. At the following time periods, the City shall evaluate the overall sustainability of the Sunset Area Planned Action area, defined in Attachment A, consistent with Final EIS Appendix A review of Goals and Objectives and LEED-ND qualitative evaluation, or an equivalent approach: (1) At the time of the five (5)-year review in subsection 111.6 above. (2) At the time of a NEPA re-evaluation pursuant to 24 CFR Part 58.53, for the Sunset Community Planned Action Area. D. The City shall conduct a Greenroads evaluation or its equivalent at the time the NE Sunset Boulevard design is at the 30% design level and at the 60% design level. E. The City shall review the Potential Sunset Terrace Redevelopment Subarea at the time of the five (5)-year review in subsection III.B in relation to the following evaluation criteria: (1) Contribution of final conceptual designs to 2030 Regional Vehicle Miles Travelled (VMT) consistent with Final EIS Table 3.2-4, Sunset Terrace Redevelopment Subarea Contribution to Forecast 2030 Regional VMT. (2) Changes in land use and population growth and resulting greenhouse gas emissions of final conceptual designs compared to Tables 3.2-5 and 3.2-6 of the Final EIS, titled respectively Assumed Land Use and Population Growth for Greenhouse Gas Emission Calculations—Potential Sunset Terrace Redevelopment Subarea and Comparison of Greenhouse Gas Emissions—Potential Sunset Terrace Redevelopment Subarea. 10 ORDINANCE N0. 5740 (3) Change in effective impervious area for Sunset Terrace Redevelopment Subarea compared with Final EIS Preferred Alternative and Alternative 3 which resulted in a decrease of approximately 0.51 acre (11%) to 1.07 acres (23%) compared to existing conditions as provided in Table 7 of the Planned Action ordinance Attachment B. SECTION IV. Conflict. In the event of a conflict between this ordinance or any imposed mitigation measure, and any City ordinance or regulation, the provisions of this ordinance shall control except that the provision of any Uniform Code shall supersede. SECTION V. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application be declared to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance or its application to any other person or situation. SECTION VI. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after its passage, approval and publication as provided by law. PASSED BY THE CITY COUNCIL this 8th day of December , 2014. Ilki JasoSet A. h, Clerk APPROVED BY THE MAYOR this 8th day of Decemb r , 2014. — L284�—�- ym�- Denis Law, Mayor 11 ORDINANCE NO. 5740 Approved as to form: FR J% * SEAL Lawrence J. Warren, City Attorney .x ` Date of Publication: 12/12/2014 (summary) To ORD:1855:11/24/14:scr 12