Showing posts with label development. Show all posts
Showing posts with label development. Show all posts

Acoya Richmond Beach - zoning, public comment, SEPA review, city codes

Thursday, January 4, 2024

 An early conceptual design of the project. This is looking northeast from 8th Ave NW, with the Shell gas station being to the right of the proposed building.

Urbal Architecture filed a permit application and optional SEPA with the City of Shoreline on December 19, 2023 to demolish an abandoned bank building and construct an assisted living facility at 8th NW and Richmond Beach Road in Shoreline WA 98177.

The zoning at this property (Community Business “CB”) allows for assisted living facilities, senior living, and memory care uses, which is what the applicant proposes. 

Per the City’s code, a Building Permit (a Type A application) would not typically require public notices. However, larger projects (such as this one) require SEPA Request for Comment notices because the project proposes more than 60 dwelling units.

SEPA reviews are essentially an extra layer of notices and reviews related to potential environmental impacts on top of the City’s regular review for compliance with the municipal code. 

This SEPA review is where staff look to public comments and the applicant’s SEPA Environmental Checklist to see if there are potential impacts, and if there are extra conditions the City might add to address those impacts, or require an Environmental Impact Study (EIS), or deny the proposal.

Public comment periods are set by the City’s code in SMC 20.30. In this case, a notice is sent at the time of application (now, early on in the review process) and again when a Threshold Determination has been made about whether an EIS is required or not.

No Threshold Determination has been made at this time, nor have any permits been approved

Building Permits, even those with SEPA reviews, do not have any public meeting or public hearing requirements. Public notices went out on December 19 and included the following:
  • Mailing a notice to all property owners within 500’ of the subject property
  • Having the applicant post two signs on the property, one along 8th and another along Richmond Beach Rd.
  • Publication of a notice in the classifieds of the Seattle Times
  • Posted online to the City’s website
  • Emailed to neighborhood contacts for Richmond Beach, Hillwood, Innis Arden and Richmond Highlands neighborhoods
  • Posted to SEPA Registry website
  • Emailed to SEPA officials

The Richmond Village Shopping Center (also known as “The Shops at Richmond Beach”) property is zoned CB, like most of the commercial areas in the City of Shoreline. This zone allows for apartments, assisted living facilities, and several types of commercial uses. 

Commercial and multifamily developments (like this one) are required to meet the City’s design standards for such buildings, as well as parking, landscaping, drainage, and transportation requirements. 

The maximum height is 60 feet, though the applicant is using the City’s Deep Green Incentive Program (an incentive program for sustainable buildings) to go up to a maximum of 80’. 

However, near the western property line (fronting 8th Avenue Northwest) they are required to “step” the building down in height to 45’ because of single-family zoning across the street.

The City’s code requires 1 parking stall for every 3 units in the assisted living facility. The applicant is proposing 207 assisted living units and 23 memory care units for a total of 230 units, which would require 77 parking stalls by the City’s code. They are providing 132 parking stalls, approximately 5 surface stalls at their front entrance, and the remaining stalls in an underground parking garage.

The developer and property owner have not applied for the permits to make alterations or demolitions to the shopping center at this time, although the developer shows that portions of it will be removed as a part of their plans for the assisted living facility. Based on the plans provided, it looks like the property owner and applicant intend for the dry cleaners to stay, but they wish to demolish or remove the commercial spaces west of there.

While the City recently approved ground-floor commercial requirements for multifamily projects in the CB zone district, it does not apply to assisted living facilities. Further, this project came in prior to the December 4 code change and wouldn’t be subject to these new requirements, even if they did apply to assisted living facilities. 

Unfortunately, the code does not require the applicant to retain or provide commercial space here. This decision is largely up to the property owner, developer and applicant, though staff is certainly exploring how the loss of commercial space relates to environmental impacts reviewed under SEPA.

The City will review traffic and transportation impacts of the proposal, as well as other engineering-related items such as drainage and surface water. The developer will be required to make improvements along 8th Ave NW next to their property.


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SEPA: The Washington State Environmental Policy Act

What is SEPA?

The Washington State Environmental Policy Act (SEPA) provides a way to identify possible environmental impacts that may result from governmental decisions.

From raising chickens in your yard to the City’s comprehensive plan, private projects, constructing public facilities, or adopting regulations, policies or plans, an acceptable SEPA report is generally required.

When a proposal is under environmental review, the public, community and business groups, local and tribal governments, state agencies, and other entities with expertise can review and comment on SEPA documents.

Under the State Environmental Policy Act (SEPA), reviewers have the opportunity to examine the environmental analysis done for a proposal and weigh in before agencies make any final permitting decisions.

During the review period, the general focus will be determining whether the SEPA documents address the following questions:
  • Are the SEPA documents complete and accurate?
  • Do they provide enough information to analyze likely environmental impacts?
  • Do they identify mitigation measures to avoid adverse impacts?
  • Is the evaluation and Determination of Significance supported by findings and conclusions?
  • Are there alternatives that address the proposal’s purpose and need?

It is more effective to comment during SEPA review than waiting until the permitting process starts. This will help the applicant and lead SEPA agency develop a more environmentally-sound project. 

Reviewing and commenting on SEPA documents provides the opportunity to:
  • Identify and resolve concerns early in the review process.
  • Identify required permits, applicable regulations, and permit conditions likely to be required.

Failure to comment during the SEPA process can limit future comments as well as an agency's ability to appeal a proposal, or use SEPA supplemental authority to condition or deny a permit-based environmental impacts.
 
Although some lead agencies consider late comments, most will not. Every effort should be made to submit comments while the comment period is open.


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Progress on construction of Alta North City building

Tuesday, January 2, 2024

Alta North City under construction
Drone Photography by David Carlos

Alta North City, located on the former site of Leena's Café on 15th NE in the North City neighborhood.

With construction on the project already underway, Alta North City is expected to open in mid-2025. With the development of Alta North City, Wood Partners aims to provide a true live, work, play community for residents with convenient access to the upcoming Link light rail stations, a variety of shopping options, restaurants, and parks just outside their doors.

The property itself will include more than 4,000 square-feet of ground floor retail with outdoor plaza space.

See previous article for more information


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Excavation underway at former Leena's site

Tuesday, November 21, 2023

Photo by Mike Remarcke

Excavation has begun at the site of the building which housed popular restaurant Leena's Café on 15th NE in the North City neighborhood.

In its place will be a residential community, Alta North City, expected to open in mid-2025.

With the development of Alta North City, Wood Partners aims to provide a true live, work, play community for residents with convenient access to the upcoming Link light rail stations, a variety of shopping options, restaurants, and parks just outside their doors.

The property itself will include more than 4,000 square-feet of ground floor retail with outdoor plaza space.


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Groundbreaking for Alta North City building at Leena's site

Thursday, October 12, 2023

Wood Partners in North City Oct 4, 2023 with City of Shoreline Mayor Keith Scully (right), chamber members Marlin Gabbert: Gabbert Architects Planners, Jeff King and Shoreline Chamber of Commerce board members: Jack Malek (President) (with shovel), Lara Grauer (VP), Erin Ison (Secretary), Joseph Irons (Director)

National multifamily real estate development leader Wood Partners, accompanied by Shoreline Mayor Keith Scully and leaders from the Shoreline Chamber of Commerce, broke ground on their latest residential community, Alta North City, located on the former site of Leena's Café on 15th NE in the North City neighborhood.

With construction on the project already underway, Alta North City is expected to open in mid-2025.

With the development of Alta North City, Wood Partners aims to provide a true live, work, play community for residents with convenient access to the upcoming Link light rail stations, a variety of shopping options, restaurants, and parks just outside their doors. The property itself will include more than 4,000 square-feet of ground floor retail with outdoor plaza space.

Design for Alta North City. Leena's location marked in red.

Wood Partners representatives confirmed that they are working with the owners of Leena’s to design a space specifically for their restaurant.

Although the ground floor space is still being designed, the current section for Leena’s is marked in red. Between buildings will be an outdoor courtyard that Leena’s will also have access to - outlined in green.

Once complete, Alta North City will offer 228 apartment homes comprised of studio, one- and two-bedroom custom-designed floorplans for residents to choose from. Throughout the community, each home will showcase a vibrant design aesthetic, complete with high-end fixtures and finishes for residents to enjoy.

The units include full size in-unit washer and dryer sets, spacious closets and balconies, and energy efficient heating and cooling.

Outside their homes, residents will also have access to Alta North City’s array of attractive community amenities, including an impressive roof-top deck with beautiful views of both mountain ranges. In addition, residents will enjoy the community’s custom-designed clubroom with co-working features, garden courtyard, and a 24/7 state-of-the-art fitness center.

Wood Partners is acting as the general contractor and will manage the property once complete.


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Mixed use building under construction adjacent to 185th Station

Monday, September 25, 2023

NE 185th and 8th NE
Photo by Steven H. Robinson

This is the building that you can see from the freeway at 185th, looming over the 185th Transit station construction. It is currently identified as Kinect Shoreline.

Mixed-use building with 2,149 square feet of commercial space, 240 multifamily units and parking for 265 vehicles.

NE 189th and 8th NE
Photo by Steven H. Robinson

Project Location: 18553, 18559 and 18807 8th Ave NE and 727, 719, and 721 NE 189th St

People who live here will be able to easily walk to the station. With over two thousand feet of commercial space, one can hope it will fill with services the residents will need and want. Maybe even a coffee shop.

--Diane Hettrick


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City of Shoreline survey on ground floor commercial regulations

Wednesday, September 20, 2023

The Shoreline City Council recently passed interim regulations requiring space for commercial uses on the ground floors of new residential apartment buildings. 

One of the main reasons for requiring commercial space in residential buildings is to support local economic activity and create neighborhood centers and corridors that serve residents.

As the Planning Commission and Council study this issue and consider making these regulations permanent, we'd like to hear from residents and business owners. 




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Highland Ice Arena is just memories now

Friday, September 15, 2023

 
Photo by Susie Shea
Gone gone gone. Nothing left of Highland Ice Arena but fond memories.

Brea Apartments architect rendition - facing Linden and 182nd
In its place, the Brea Apartments will soon be under construction. This is the back view of the planned building, facing Linden at 182nd. 


The plans call for 386 units in two buildings.


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The last of Highland Ice Arena - building being demolished

Saturday, September 2, 2023

Highland Ice Area demolition
Photo by Steven H. Robinson

The Highland Ice Arena building is being demolished and an apartment building will be built on the site at 18005 Aurora Ave N, Shoreline WA 98133.

Generations of ice skaters practiced and played at Highland. Ice hockey teams and an Olympic medalist kept the arena busy for decades.

Highland Ice Arena 2022
Photo by Steven H. Robinson
The arena was closed October 15, 2022. See our story: End of an Era

Corrected address of Highland Ice

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Here yesterday - gone today

Sunday, July 30, 2023

Photo by Mike Remarcke

This site held a large, one story building which was the home of Leena's Café. Now Leena's is just memories - until the new building is constructed and a new Leena's is at street level. At least that was the stated plan by owner Nick Athan.

The view is from the back of the lot, looking at 15th NE. To the right is a strip mall with a nail salon, a State Farm office, and a gift and flower shop.

--Diane Hettrick


 

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Linden neighbors mourn loss of affordable living and big evergreens

Demolition in progress for construction of a large apartment building
Photo by Corinne McKisson

By Diane Hettrick

Demolition has begun at 179th and Linden for a large apartment complex. The site held the low-income Garden Park Apartments.

Trees that were felled this week
Photo by Derek Blackwell

On the 17th of July, demolition of the site began, and this week the trees began to come down. Neighbors and Save Shoreline Trees held a vigil as the trees were felled.

The trees were felled this week
Photo by Corinne McKisson

When Shoreline revised its zoning codes, priority was given to concentrating development along Aurora and existing business corridors. Linden is one block west of Aurora.

Architect's drawing of the ModeraShoreline that will be constructed on the site

Neighbors are concerned about the loss of mature trees, the potential for heavy traffic on a narrow street, and the loss of affordable housing. See previous article about the ModeraShoreline.

A memorial page for the trees has been up since the plans for the site were made public.



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No Urban Center at Point Wells

Thursday, July 13, 2023

Point Wells from Google Earth

By Tom McCormick

BSRE’s attempt to develop Point Wells as a high-density Urban Center is officially dead.

Since about 1900, Point Wells has been a tank farm. Point Wells is a low-lying property on Puget Sound in unincorporated Snohomish County, directly north of Shoreline. The only road to Point Wells is through Shoreline.

BSRE Point Wells, LP (BSRE) owns the land at Point Wells (about 61 acres). An unrelated oil company owns the pier, the fuel and oil tanks, pipes, and other structures. 

Marine fuel and asphalt oil operation and loading dock
Photo copyright Marc Weinberg

Since June 2020, the marine fuel and asphalt oil operations have been quiet. No vessels have offloaded or loaded marine fuel as they had in the past, no trains have offloaded asphalt oil, and no tanker trucks have transported it.

In 2011, BSRE submitted land use applications to Snohomish County to develop Point Wells as a high-density Urban Center. BSRE proposed to build about 3,000 residential units, in buildings as tall as 180 feet, plus over 100,000 square feet of commercial space. Since 2011, BSRE has spent over $10 million attempting to get its applications approved.

Snohomish County twice denied BSRE's applications due to substantial conflicts with the County's development code. The County's most recent denial of BSRE's applications was upheld by the state Court of Appeals in December 2022.

In March 2023, BSRE filed a petition for review with the Washington Supreme Court, hoping that the Court would accept its petition and reverse the Court of Appeals decision. That did not happen.

On July 11, 2023, the Washington Supreme Court denied BSRE's petition for review. As a result, BSRE’s attempt to develop Point Wells as a high-density Urban Center is officially dead. The County's denial of BSRE's applications, as upheld by the state Court of Appeals, is final.

Now we must wait to see what BSRE, and the unrelated oil company, will try to do next.

Will BSRE try to gain approval to develop Point Wells as a smaller-scale Urban Village, with perhaps 400 to 800 residential units, plus a second access road? As long as Point Wells remains unincorporated--that is, as long as it is not annexed by the Town of Woodway or the City of Shoreline--any application by BSRE to develop Point Wells as an Urban Village must be submitted to the County for processing.

Or will BSRE work with the oil company, and try to resume the site’s marine fuel and asphalt oil storage and distribution operations, a nonconforming use under the site's current Urban Village zoning? Under the County's code, if the oil company's marine fuel and asphalt oil operations are determined to have been "discontinued" for more than 12 months, the oil company cannot resume its "nonconforming" operations. 

While there are strong arguments that operations have been discontinued, the oil company could try to argue that, even though there has been no offloading, loading, or distribution of marine fuel and asphalt oil since June 2020, operations were never completely discontinued because it continues to employ a small crew, apparently to oversee management of the storm water system, and maintenance and repair of the equipment to keep it in running order.

Meanwhile, annexation lurks. Pursuant to a 2019 Settlement and Interlocal Agreement between the City of Shoreline and the Town of Woodway, the Town has the first opportunity to annex Point Wells. As an initial annexation hurdle, the Town must successfully negotiate an annexation interlocal agreement with the City of Shoreline, the County, and Olympic View Water and Sewer District. 

If the Town is successful, then the Town’s elected Council would need to vote in favor of annexation. If the Town fails to annex Point Wells, then the City of Shoreline will have an opportunity to annex it.

Stay tuned for further developments.


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The last piece of Lena's

Monday, July 10, 2023

Photo by Gordon Snyder

This small section of the large building had SAVE spray painted on it. Previous photos looked like the side of the building was gone.

However, this makes it look pretty intact. And a lot of the debris has been cleared from the site.


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U.S. Transportation Secretary Pete Buttigieg in Mukilteo and Port Orchard to highlight funding of infrastructure projects

Friday, July 7, 2023

Buttigieg (center) with Sen. Maria Cantwell

Politicians gathered at the Mukilteo ferry dock on Thursday, July 6, 2023 with U.S. Transportation Secretary Pete Buttigieg to celebrate the Biden-Harris administration's #investinginAmerica plan, which has granted almost $133 million to support several infrastructure projects around our state. #Bidenomics @GovInsleeGovernor Jay Inslee

Inslee said "I'm grateful for the partnership and want to thank Secretary Buttigieg and members of our delegation for securing this funding and also for securing RAISE grants for Seattle, Shoreline, Blaine, Port Angeles, and the Jamestown S'Kalallam Tribe, and Shoalwater Bay Indian Tribe."

One of the projects funds purchase of electric ferries for the Puget Sound fleet. 

In Port Orchard in Kitsap County the Governor, along with Senators Cantwell and Murray spoke of the grant to the Port of Bremerton to replace a failing breakwater. 

The Port Orchard Marina Breakwater project will replace 1,500 linear feet of a 12-foot wide public breakwater that protects the community of Port Orchard, the marina facilities, the exclusive moorage for the Suquamish Tribes fishing vessels, and the Kitsap Transit passenger ferries. The failing breakwater also protects the only marine fuel facility within 16 nautical miles.

The marina supports essential government emergency response services, tribal and non-tribal commercial fishing, moorage of 341 permanent saltwater slips, 100 guest saltwater slips for recreational use, and moorage exclusively for the Suquamish Tribe. The marina additionally provides moorage for the Kitsap Transit Fast Ferry fleet, which helps transport more than 23,000 passengers per month. In the last year, Kitsap Transit also provided over 200,000 passenger trips to Port Orchard.

Upland Village Relocation Road Project, Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation — $24.98 million

“The Shoalwater Bay Tribe is on the frontlines of some of the most serious effects of climate change,” said Senator Murray of the grant for the Shoalwater Bay Tribe. 
“This community is one that’s experiencing firsthand the impact of rising sea levels, and they need help to keep Tribal members and their property safe from harm. This grant is going to make a major difference for the Shoalwater Bay Tribe as they work to move to higher ground and protect their community from coastal hazards.

West Side Transformation: Multimodal Connections to the Shoreline South Regional Transit Hub

The City of Shoreline $20million RAISE grant will fund a series of multimodal improvements including a bicycle and pedestrian bridge across Interstate 5, ADA sidewalks and curb ramps on 145th Street, roadway geometry modifications on 145th Street, and a series of bicycle boulevards on low-stress streets.



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Building that housed Leena's Cafe demolished

Thursday, July 6, 2023

Leena's Cafe demolished for apartment building
Photo by Mike Remarcke

The very popular Leena's Cafe closed its doors at the end of May 2023. 

The owner of the cafe, Nick Athan, had bought the building when it came up for sale. Within a short time, the pandemic hit and Athan closed the cafe. He reopened when the pandemic was waning and restrictions were gradually being lifted and kept it going until the building sold.

Leena's Cafe building demolished
Photo by Mike Remarcke

A developer bought the property to build apartments with ground floor businesses. At last report, Athan was planning to reopen Leena's in the new building. Construction is expected to take two years.

--Diane Hettrick


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Crane assembled for building project on 1st NE

Saturday, July 1, 2023






All photos by Jennifer Klock

Jennifer Klock happened to be on hand to get this sequence of photos of a big construction crane being assembled for a project on 1st NE between 145th and 147th streets, across I-5 from the Shoreline South 148th Light Rail Station.

148th station to the east of the freeway. 145th crosses I-5. New townhouses are to the west at the intersection of NE 145th and 1st Ave NE

Sidewalks will be constructed on 1st NE


The building would be close to the trail which will lead to the new pedestrian bridge. 

The City also has money from Sound Transit to build sidewalks on 1st NE



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City of Edmonds: Potential city acquisition of Highway 99 Landmark site

Tuesday, June 27, 2023

At a press conference held on Thursday, June 22, 2023 Mayor Mike Nelson and Council President Neil Tibbott of Edmonds shared an opportunity to expand city services to a new area of the city.

The City of Edmonds has the opportunity to enter into an option purchase 10+ acres on the southern corridor of Highway 99. 

This option to purchase gives the City the ability to “hold” the property (preliminarily called Highway 99 Landmark Site) while a community vision is developed for it and determine if we wish to go through with the sale. 

This property gives the community a number of exciting options to address issues in the area brought up over several years by residents, staff, and elected officials including housing, open space, retail, and city services.

The property site is just north of Shoreline
The first small step of the option to purchase is putting $100,000 toward this hold on the property so the city can develop the community’s vision for the property through resident engagement. 

It also allows time to investigate the possibility of funding options and partnerships. The Option to Purchase has two parts – the first 6 months in which $100,000 of funds used for the hold are refundable, and then the next 12 months will be spent in planning for the site and due diligence. 

During this 18-month time period the owner cannot sell the property to any other party and the city has time to work on the above mentioned.

Council will discuss and determine if moving forward with this opportunity is something for the city to pursue. 


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Ion Town Center apartment community welcomes residents in June

Wednesday, May 3, 2023

Ion Town Center Apartments on Midvale

Ion Town Center is a brand new apartment community located in Shoreline’s Town Center District on Midvale and 180th, and is now pre-leasing for move-ins in June.

This elevated apartment community offers a variety of floor plan styles including studios, traditional one bedrooms, one bedrooms with den, open one bedrooms, two bedrooms, and live/work layouts. Ion Town Center consists of 215 apartment homes, including 42 units that are part of the MFTE program.

Ion Town Center is just off Aurora, offering convenient access to Town and Country Market, Trader Joe’s and Costco. The community’s proximity to I-5 provides an easy commute by car, Rapid Ride E Line bus, or Light Rail scheduled to open next year. Shoreline Community College is just a few minutes away. The community neighbors the Interurban Trail taking you to Echo Lake, Lake Ballinger, and beyond.

Ion Town Center

The pet-friendly apartment homes at Ion Town Center offer exceptional living spaces – designed for those who want easy connectivity to Downtown Seattle but prefer the close-knit community feel and access to outdoor pursuits offered by Shoreline. Ranging from 419 to 1,142 square feet, there is a layout that will work for everyone. Each home is fitted with top-tier features, including sleek white countertops with custom tile backsplash, stainless steel appliances, hardwood style plank flooring, air conditioning ports, slow close drawers, built in storage, and oversized windows.

Residents can take advantage of an enviable amenity package, including Sky Lounge with chef-inspired kitchen, Sunset Deck with cozy fire pits and seating, fully equipped Fit Zone fitness center open 24/7, Paws and Suds pet spa and grooming stations, LuxerOne package management system w/refrigeration options, EV charging stations, work from home co-working spaces, bike maintenance and parking/storage room, and more.

The Ion Town Center team is thrilled to welcome their first residents soon, and are looking forward to building connections in the neighboring community. If you would like to learn more about the apartment community or to reserve one of the first homes, please visit https://www.iontowncenter.com/.


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Photo: Twin apartment towers nearing completion in Seattle's Denny Triangle

Monday, January 23, 2023

Photo by Shoreline resident Jay Lindberg
The Atrium, under construction at 1200 Stewart St, is a twin skyscraper apartment complex in the Denny Triangle neighborhood north of downtown Seattle.  

The project is located at the intersection of Stewart St and Denny Way and comprises 1,014 apartments, retail space, a music venue, and a galleria in two 48-story buildings.

It will incorporate a retired United Airlines 747 as a lounge which will be suspended between the two buildings.

It began construction in 2018 and is scheduled to be completed in late 2023.



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Point Wells: Disappointment and uncertainty in the wake of decision by state Court of Appeals

Saturday, December 31, 2022

By Tom McCormick

On December 27, 2022, the state Court of Appeals upheld Snohomish County’s denial of BSRE’s applications to develop Point Wells as an Urban Center. See my earlier article at: https://www.shorelineareanews.com/2022/12/point-wells-court-of-appeals-upholds.html

The court's decision is great news for our community and the environment, but in its wake there is disappointment and uncertainty.

Architectural site drawing from BSRE 
Disappointment: Wasted time and money.

When BSRE submitted its applications to the County in 2011, its plans included many buildings taller than the County's 90-foot maximum for Urban Centers (some as tall as 180 feet). BSRE assumed that the County would allow its 180-foot towers. BSRE assumed that it could satisfy the “additional height” conditions in the County Code: 

"A building height increase up to an additional 90 feet may be approved … when the additional height is documented to be necessary or desirable when the project is located near a high capacity transit route or station …." 

In its project narrative, BSRE stated: "The Point Wells Urban Center Plan assumes full use of this provision."

BSRE assumed wrong. 

In 2018 and again in 2021, the County denied BSRE’s applications because they substantially conflicted with Code requirements. One conflict stood out: BSRE’s plans included many buildings taller than the County’s 90-foot maximum. This was a Code conflict because the County concluded that BSRE did not satisfy the Code's “additional height” conditions necessary to permit buildings taller than 90 feet. The state Court of Appeals agreed. Relying solely on the building height conflict, it upheld the County’s denial of BSRE’s applications.

It is a mystery why, in 2011, BSRE did not ask the County for written confirmation that its assumption was correct. It could have asked the County for a formal Code Interpretation on the maximum building height— perhaps BSRE's single most important critical path issue. The entirety of its plans depended on having buildings taller than 90 feet.

"Central Village" site concept drawing from BSRE
Even after the County alerted BSRE in 2015 of concerns about whether BSRE satisfied the Code's “additional height” conditions, BSRE continued to assume that 180-foot buildings were allowable. (The County alerted BSRE promptly after receiving input from the public arguing that, due to the lack of high capacity transit access, buildings taller than 90 feet were not permitted.) It is a mystery why, even after the County alerted BSRE in 2015, BSRE did not ask the County for a formal Code Interpretation on the maximum building height  (or perhaps the County could have issued a Code Interpretation on its own initiative?).

If a Code Interpretation had been sought, and if the County had responded by confirming that 90 feet was the maximum building height due to BSRE not satisfying the high capacity transit and other conditions, everyone would have known years ago that 180-foot buildings were not permitted at Point Wells. 

BSRE would have revised its plans years ago, with no buildings taller than 90 feet. The parties would have avoided the years-long fight over the maximum building height and various dependent issues. The County, the public, the City of Shoreline, the Town of Woodway, and BSRE all would have saved vast amounts of time and money.

Uncertainty about what’s next: More court proceedings? Will BSRE apply to develop Point Wells as an Urban Village?

BSRE can ask the state Court of Appeals to reconsider its decision upholding the denial of BSRE’s applications, and/or BSRE could petition the state Supreme Court to review the decision (there is no appeal of right). We should know by late January how BSRE decides to proceed. 

If the decision by the state Court of Appeals stands, and if BSRE still wishes to develop Point Wells, it would need to start over, and apply to develop the site as an “Urban Village” (the site’s current designation). Urban Villages are not required to provide direct access to high capacity transit.

1. If Point Wells remains part of unincorporated Snohomish County.

Assuming Point Wells continues to be a part of unincorporated Snohomish County, BSRE would submit its Urban Village plans to the County for approval under the County’s development code governing Urban Villages (SCC 30.31A.115). Three provisions of interest are: 

— The maximum building height is 75 feet, but the County’s planning director may recommend a height increase in appropriate locations within the Urban Village of up to an additional 50 feet when the applicant prepares an environmental impact statement, and where such increased height in designated locations does not unreasonably interfere with the views from nearby residential structures. 

— The County’s more protective post-OSO landslide hazard rules will apply to any development at Point Wells.

— Maximum residential density is 44 residential units per gross acre. If all of Point Wells were considered as one site, the maximum density would be 2,684 residential units (= 44 X 61 acres). 

Importantly, this theoretical maximum density is subject to other restrictions and requirements that likely would reduce the density considerably. For instance, SCC 30.31A.115(9) provides special requirements applicable to Point Wells, including the following: 

"The applicant shall successfully negotiate binding agreements for public services, utilities or infrastructure that are to be provided by entities other than the county [(for example, the City of Shoreline)] prior to the county approving a development permit that necessitates the provision of public services, utilities or infrastructure; [and] The intensity of development shall be consistent with the level of service standards adopted by the entity identified as providing the public service, utility or infrastructure.” 
 

Transportation Corridor Study
Since the City of Shoreline has adopted a 4,000 average daily trip limit for the 2-lane Richmond Beach Drive (currently the only access to Point Wells), this limit alone could reduce the number of permitted residential units considerably. 

Further, the number of units could possibly be reduced as a result of the environmental review required by Washington’s State Environmental Policy Act (SEPA).

2. If Point Wells is annexed by the Town of Woodway or the City of Shoreline.

A few years ago, the Town of Woodway and the City of Shoreline entered into an agreement that gives the Town the first right to annex Point Wells, provided it takes certain steps by June 11, 2023. If the Town fails to act by the deadline, then the City gets the right to annex Point Wells. 

The Woodway Town Council will hold a special meeting on Tuesday, January 3, 2023, at 4:00pm, at the Woodway Town Hall, to discuss Point Wells.

BSRE could wait to see if either the Town or the City annexes Point Wells, and then submit to the annexing jurisdiction an application to develop the site as an Urban Village under the annexing jurisdiction’s Urban Village rules. 

As part of the agreement between the Town and the City, the parties have adopted nearly identical development code provisions that will apply to proposals to develop Point Wells as an Urban Village following annexation. Three provisions of interest are (see Town of Woodway Municipal Code Chapter 14.40, and City of Shoreline Municipal Code Chapter 20.94):

— The maximum building height is 45 feet, except for areas east of the BNSF railroad right-of-way, where the maximum building height is 35 feet. The maximum building height may be increased to 75 feet west of the BNSF railroad right-of-way if the applicant conducts a view analysis demonstrating certain public views from Richmond Beach Drive to Admiralty Inlet are not impacted. 

— Rules similar to the County’s post-OSO landslide hazard rules will apply to any development at Point Wells.

— Maximum residential density is 44 units per "net acre," excluding roads, drainage detention/retention areas, biofiltration swales, areas required for public use, tidelands, and critical areas and their required buffers. Assuming 18 net acres at Point Wells, that is a maximum residential density of 792 units.

Point Wells would need environmental remediation before construction.
Photo by Steven H. Robinson

Site remediation

BSRE must remediate (clean up) the Point Wells site before commencing construction of an Urban Village. Remediation will take many years and cost millions of dollars.

In 2020, BSRE filed a lawsuit against the oil company, demanding that the oil company remediate the site. The oil company then filed claims against BSRE. The lawsuit is ongoing. Trial is set for late 2023. It is possible that the parties could settle the matter before then.

Resumption of oil operations?

Instead of developing the site as an Urban Village, could the marine fuel and asphalt oil storage and distribution operations at Point Wells be resumed? Snohomish County has not ruled on the matter.

The oil company at Point Wells had been operating marine fuel and asphalt oil storage and distribution operations until June 2020, when its lease with BSRE ended. About a year later, the public asked the County to rule that oil operations can never be resumed. The public cited a special Code provision prohibiting nonconforming uses from resuming if such uses have been discontinued for more than a year (oil operations are a nonconforming use under the site’s current Urban Village zoning). 

In November 2022, the County’s Department of Planning and Development Services (PDS) sent the oil company a letter that described the public’s concerns, and what PDS might do:

"Upon learning about [a recent] pier maintenance project, several members of the public expressed concern to PDS regarding the possibility that uses of the site, considered nonconforming under Snohomish County Code, have been abandoned and may not resume. ...

Although PDS is not currently requesting information from you related to prior or current uses at Richmond Beach Terminal, please know that the issue raised by the public regarding nonconforming and abandoned uses may be raised again in the future. At such point PDS may be required to directly respond to the question."

Stay tuned for further developments.



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