The URL can be used to link to this page

Home My WebLink AboutLUA-04-012Laura Neebling Whitaker PHONE (206) 359-8584 fAX (206) 359-9584 EMAIL LWhitaker@perkinscoie.com April 16, 2009 \1r. Alex Pietsch Administrator City of Renton 1055 South Grady Way Renton, WA 98055 Re: Longacres Office Park Entitlements Dear Alex: Luf\OL(-[) \ ~ Perkins I Coie 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 PHONE,206·359·8000 FAX, 206.359.9000 www.perkinscoie.com As you know, we represent The Boeing Company with respect to Longacres Office Park ("LOP") land use matters. You recently requestedBoeing's analysis of the status of LOP entitlements. I write on Boeing's behalf to present our summary of the series of land use permits and other approvals obtained for LOP redevelopment over the last 15 years, including a discussion of underlying State Environmental Policy Act (SEP A) review and the status of vested LOP development rights. Section I of this letter summarizes the history of LOP land use planning and entitlement since Boeing's purchase of Longacres Racetrack in 1990. Section II lists LOP land use permits and approvals issued by the City and other relevant agencies since 1994. Section III addresses the status of LOP vesting and associated environmental review. Section I: Background LOP consists of approximately 158 acres located at the southeast comer of the intersection of interstate 405 and the Burlington Northern Santa Fe Railroad right of way in the City of Renton. Boeing's Customer Service Training Center ("CSTC") occupies an adjacent 48-acre site to the north and east of LOP. LOP is located entirely within the Commercial Office ("CO") zoning district and is designated Employment Center-Valley by the City'S Comprehensive Plan. A master site plan for conversion of LOP from racetrack use to 2.5 million square feet of office and light industrial uses ("LOP Site Plan") was deveioped by Boeing in the early 1990's. Based on a 20~year planning horizon, the Site Plan included commercial building development located 03003-0104/LEGALl5689674.1 4/16/09 ANCHORAGE· BEIJING· BELLEVUE· BOISE· CHICAGO· DENVER· LOS ANGELES MENLO PARK· PHOENIX· PORTLAND· SAN FRANCISCO SEATTLE· SHANGHAI· WASHINGTON, D.C. Perkins (oie LLP and Affiliates Mr. Alex Pietsch April 16, 2009 Page 2 throughout the 158-acre site. The Site Plan assumed that approximately 65 percent of LOP site area would be impervious surface (i. e., buildings, parking areas or parking structures, and roadways) and approximately 35 percent would be dedicated to an expansive stormwater detention system and associated landscaping and open space. Environmental analysis of LOP redevelopment under the Site Plan was conducted in 1993 and 1994 by the City pursuant to the Washington State Environmental Policy Act ("SEPA"). A Draft Environmental Impact Statement ("DEIS") for the LOP Site Plan was issued in August, 1994; the Final Environmental Impact Statement ("FEIS") was issued in March, 1995. Based on its review of iht: Sile Plan and supported by corresponding SEP A analysis, the City issued a SEP A Mitigation Document in May of 1995 requiring mitigation of development impacts associated with LOP redevelopment. Between 1997 and 1999 Boeing developed three projects on the LOP property based on the Site Plan: the Boeing Commercial Airplane Group headquarter office building, the Boeing Family Care Center; and a surface water management project designed to provide detention for full build out of Site Plan development, including a central water feature/wetland enhancement/detention pond. In addition to local permits, the surface water management project required a Section 404 permit from the U.S. Army Corps of Engineers and 401 certification by the Washington Department of Ecology. In 2000, Boeing worked with the City to increase the development capacity of the LOP Site Plan by 500,000 square feet and to negotiate a Development Agreement to vest LOP development to City regulations applicable as of December 2000. Additional SEP A review was conducted in 2000 to support these actions in the form of an expanded SEP A Checklist (including traffic and . stormwater analyses supplementing.the 1994 EIS), resulting in the City's issuance of an SEPA Addendum to the FEIS dated May 14,2002. By 2002, Boeing's plans for LOP had changed. The company no longer planned to build out the halance of the LOP site for Boeing purposes, and therefore elected to parcelize the site for potential disposition. Boeing obtained LOP Binding Site Plan approval, in conjunction with an updated Development Agreement (which reflected the new Binding Site Plan but continued year 2000 vesting), in December 2002. SEP A review for the 2002 Development Agreement was conducted in the form ofa SEPA Addendum approved by the City'S Environmental Review Committee in May of 2002, which concluded that previous SEP A review conducted in 1994, 1995 and 2000 adequately analyzed the Agreement's environmental impacts. Since approval of the Binding Site Plan, several lots have been sold for redevelopment by others -the Federal Reserve and Bank of America. Remaining LOP parcels south ofS.W. 27th Street, as extended, continue to be actively marketed. 03003-0104/LEGALl5689674.! 4116/09 --, Mr. Alex Pietsch April 16, 2009 Page 3 Section II: LOP Land Use Permits and Approvals • 1994 -Draft Environmental Impact Statement for LOP: examined impacts of2.7 million sq ft of commerciaillight industrial development • 1995 -Final Environmental Impact Statement for LOP: finalized the LOP DEIS • 1995 -EIS Mitigation Document: imposed numerous and significant mitigation measures on development of LOP • 1995 -Section 404 permit and associated 401 certification, issued by the U.S. Army Corps of Engineers and the Washington Department of Ecology, respectively: provided Corps and DOE authority to construct the surface water management system for execution of the LOP Site Plan, including federal and state authority to fill certain small wetlands located on the LOP site • 1999 -Amended Section 404 permit and associated 401 certification, issued by the U.S. Army Corps of Engineers and the Washington Department of Ecology, respectively: original Corps and DOE approvals amended to revise the location and configuration of both the central detention/wetland enhancement feature and related wetland mitigation • 2000 -Environmental Checklist/Development Agreement: analyzed potential environmental impacts associated with adding (and vesting to 2000 development regulations) 500,000 square feet of development to the LOP Site Plan Storm water Study (Sverdrup) -extensive stormwater analysis addressed updated local stormwater regulations in the context of additional 500,000 square feet of LOP development Traffic Study (Transportation Engineers Northwest) -supplemental traffic analysis addressed potential traffic impacts of additional 500,000 square feet of LOP development 2000 -Development Agreement for LOP: vested redevelopment of LOP site to 2000 development regulations for 20 years • 2002 -Addendum for Development Agreement approved by City's Environmental Review Committee • 2002 -LOP Parcelization (LOP Binding Site Plan and later Amendments; Lot Line Adjustment): multiple lots created for potential sale to others • 2002 -Development Agreement updated to incorporate reference to LOP Binding Site Plan, supported by amended SEP A Mitigation Document and providing that LOP development continues to be vested to 2000 local regulations until February 20,2023. 2002 Development Agreement supersedes 2000 Development Agreement Section III: Status of LOP Vesting and Associated SEPA Review The 2002 Development Agreement vests LOP redevelopment at the capacity (3 million square feet) established by the LOP Site Plan, as amended, and associated SEPA reviews conducted in 03003-0 104/LEGAL 15689674.1 4/16/09 -. Mr. Alex Pietsch April 16, 2009 Page 4 1994 (DEIS), 1995(FEIS) and 2000 (expanded SEP A checklist re-addressing both stonnwater and traffic impacts associated with full site build-out). Vesting for the site was approved by City Council to provide certainty and efficiency with respect to the City's review and approval process. The Council's decision was appropriately supported not only by the LOP EIS but by extensive supplemental SEP A review that focused on the elements of the environment (stormwater and traffic) potentially affected by additional site capacity and development by multiple owners on multiple parcels. With the construction of the BCAG Headquarters, Family Care Center, Federal Reserve and Bank of America projects, which total 471,646 square feet, remaining LOP development capacity totals 2,528,354 square feet. Boeing anticipates that build out of the LOP site will occur within the 2023 planning horizon established by the 2002 Development Agreement. Thank you for your consideration of the infonnation contained in this letter. If you have questions regarding the data presented, or desire copies of any of the background materials described, please do not hesitate to contact me. Very truly yours, ~NW~~~ Laura Neebling Whitaker cc: Suzanne Dale Estey Larry Warren Gabriel S. Rosenthal Jeffrey R. Adelson Shaunta R. Hyde 03003·01 04l LEGAL 15689674.1 4/16/09 " Summary Response to April 16, 2009, Boeing Letter The City agrees and accepts vesting described in the April 16th letter from Laura Whitaker which specifically identifies work products developed and actions taken by The Boeing Company and the City of Renton which include: • Development Agreement • SEPA work • Binding Site Plan For permit issuance for any activities located within the Longacres Office Park, the following actions/steps would be necessary by the applicant and the City: Applicant: • Apply for Site Plan review • Application for SEPA review • Application for Building Permit review City: • Review proposal for consistency with use and development standards established in the Development Agreement. • Review proposal for consistency with SEPA work already completed. Insure impacts and mitigations have been identified. If not, additional SEPA may be necessary. • Review the Building Permit for consistency with International Building Code. • Prior to permit issuance, the City will evaluate any financial credits against required impact fees or other fees. CITY OF RENTON PLANNING I BUILDING I PUBLIC WORKS MEMORANDUM Date: February 19, 2004 To: City Clerk's Office From: Patrick Roduin Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Boeing Longacres Trail Resurfacing LUA (file) Number: LUA-04-012, SME Cross-References: Longacres Trail Resurfacing AKA's: Trail Resurfacing -Longacres Project Manager: Laureen Nicolay Acceptance Date: February 19, 2004 Applicant: The Boeing Company Owner: The Boeing Company Contact: The Boeing Company PID Number: 242304-9022 ERC Decision Date: ERC Appeal Date: Administrative Approval: February 19, 2004 Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: RESURFACING OF EXISTING TRAIL WITHIN WETLAND/LAKE AND BUFFER AREAS REQUIRES EXEMPTION CERTIFICATION FROM CRITICAL AREAS REGULATIONS Location: 1901 Oakesdale Ave SW Comments: DATE: LAND USE FILE NO.: PROJECT NAME: OWNER/APPLICANT: PROJECT MANAGER: (' PROJECT LOCATION: February 19, 2004 LUA04-012 Boeing Longacres trail resurfacing The Boeing Company Laureen Nicolay, Development Services Division 425-430-7294 See attached site plan PROPOSAL: The Boeing Company proposes to perform routine maintenance of an existing cinder walking trail that meanders along wetlands and a lake through the Boeing Longacres Park site. The trail maintenance will involve laying a new 3" deep course of small sized crushed cinder rock along the entire trail length. No increase in trail width or length is proposed. CRITICAL AREA: The subject project will occur within or near the on-site wetland and/or lake. EXEMPTION JUSTIFICATION: Pursuant to RMC section 4-3-050.C.5.eii of the Critical Areas Regulations, an exemption from the requirement to prepare a wetland delineation and study is hereby granted for the following reason(s): X Existing Parks, Trails, Roads, Facilities, and Utilities -Maintenance, Operation, Repair: Normal and routine maintenance, operation and repair of existing parks and trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities to meet established safety standards. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. 1:\Perrnitsamples\CAOexemption.doc Page 1 of4 DECISION: The proposed development is consistent with the following findings pursuant to RMC section 4-3-0S0.C.S.c: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation; 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; and, 3. Impacts are minimized and, where applicable, disturbed areas are immediately restored to their original state, unless the exemption is a wetland below the size thresholds pursuant to RMC 4-3-0S0.C.S.f.1 and f.2. SIGNATURE: !(OV Development Services Division Director I ' Date EXPIRATION: Two (2) years from the date of approval (signature date) RMC4-3- OSOM.4.d.1. 1:\Pennitsamples\CAOexemption.doc Page 2 of4 02/17/2004 Tlm 16:16 FAX ~003 ~NGt LoNGAc..r~.e? PAl<c..... C1N~ Tr<A1L R~~l~-'!-ItV\~T 2-U-oCt cJ-pJ 75-01 nNL Tb P..:E: Rer=u~l?~ ··-··1!lL~J ..... Bv.rllrap c, ...... I. •• -1: ; t . .. .1 ' /1. " , . '1( II" , .. , ,"\ ~ 1 \ ~ , , . I (I \ " \ , ". , 02/17/2004 11ffi 16:16 FAX February 17, 2004 Memo GG-GG-PCWA-jpn-1 006-04 Laureen Nicolay Development Services City of Renton 1055 S. Grady Way 6th Floor Renton, WA 98055 Subject: Boeing Longacres Park Cinder Trail Refurbishment The Boeing Company plans to refurbish a walking trail at Longacres Park. This letter is to make you aware of this plan, and hopefully through the information given in this letter, assure you that the project can proceed without issue. The existing trail was constructed and surfaced with a high-fines cinder material ten years ago. The trail is bordered by wood edge boards. The estimated trail and connecting path lengths are 2000 feet. The trail meanders through a meadow, along a storm water treatment pond. through areas designated as wetlands (although the trail itself is not designated as wetland), and through a terraced patio. The attached sketch illustrates the trail location on a map of Longacres Park. Time and moisture have caused the trail surface to become often mushy and slime/moss covered. The trail is often unusable because of muddy areas. The refurbishment plan is to lay a new course of small sized crushed cinder rock (1/2-inch minus) three inches thick along the entire length of the trail. The crushed rock will be stockpiled away from the maintained landscape, and brought to the work area by small loaders (skid steer/Bobcat). and spread with hand tools. The work is planned to . be done in February or March. Based on the discussion I had with you today, this project should be able to proceed as a maintenance function. As a steward of this property for The Boeing Company, I assure you we will do everything to preclude any impacts to the surrounding wetlands. Please contact me if you would like to discuss further. ~~~ Jim renberg Longacres Park Plant Services Mail Code: 20-21 Phone: 206-662-8616 CC: Rick Ford, The Boeing Company Attachment: Sketch of Boeing Longacres Park, indicating trail to be refurbished ~002 02/17/2004 rUE 16: 16 FAX FAX February 17, 2004 To: Laureen Nicolay Fax: 425-430-7231 Phone: 425-430-7294 From: Jim Nuerenberg Phone: 206-662-8616 Fax: 206-662-7873 Pages: Three (3), including this cover NOTES: Laureen, here is a letter explaining our proposal for trail refurbishment, and a sketch showing the trail location. Please call me if you have any questions or comments. Thanks, Jim ~001