CityofRedmond WAS HING T ON

Project Name:

Location:

Project File Number:

TECHNICAL COMMITTEE REPORT TO THE HEARING EXAMINER

DigiPen Building B

9825 Willows Rd Redmond, WA 98052

LAND-2019-00545, PR-2019-00101

Quasi-Judicial

Project Description: Conditional use to expand an educational use (DigiPen) within a Business Park (BP) zone.

File Numbers:

Applicant:

Applicant's Representative:

Planner:

Decisions Included:

Recommendation: Public Hearing Date:

LAND-2019-00545 - Conditional Use Permit SEPA-2019-00763- SEPA PR-2019-00101

Brian Trapp and Martin Grube, JPC Architects 909 I 12th Ave NE Ste 206 Bellevue, WA 98033

Brian Trapp and Matiin Grube, JPC Architects 909 112th Ave NE Ste 206 Bellevue, WA 98033

Elise Keim, Associate Planner

Conditional Use Permit, Type III, RZC 21.76.070.K

Approval with Conditions September 9, 2019

Conclusion in Support of Recommendation: The Teclmical Committee has found the proposal to be in compliance with the Redmond Zoning Code (RZC), Redmond Comprehensive Plan, Redmond Municipal Code, and State Environmental Policy Act (SEPA).

ERIKA V ANDENBRANDE, Director Plaiming and Community Development Department

D AVID J UAREZ, Director

Public Works Department

City Hall • l 5670 NE 85th Street • PO Box 97010 • Redmond, WA • 98073-9710

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Project Review Authority and Procedures The City of Redmond Technical Committee is comprised of staff from different departments and disciplines who analyze project applications for compliance with City codes and regulations. Based on this analysis, the Technical Committee provides responses, conclusions, and recommendations (in the form of this report) to the Hearing Examiner. The Hearing Examiner will conduct a public hearing to review the Technical Committee's analysis and recommendations on the Conditional Use Permit and receive public testimony regarding the proposal. Based upon the Technical Committee's recommendations and testimony received at the public hearing, the Hearing Examiner will make a decision to approve, approve with conditions, or deny the Conditional Use Permit within 10 business days following the close of the record.

Key Dates Application/Completeness Date: July 15, 2019 Notice of Application Publication Date: July 22, 2019 Date SEPA Exemption Issued: August 8, 2019 Public Hearing Date: September 9, 2019

Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H:

I. Proposal Summary

Report Attachments

Application Project Narrative Plan Set Site Photos Notice of Application and Certificate of Posting Notice of Public Hearing SEP A Exemption Previous Conditional Use Permit Approval

Technical Committee Analysis

The proposed project seeks a conditional use permit in order to expand an educational use (DigiPen Institute of Technology, hereinafter referred to as DigiPen) within a Business Park (BP) zone. DigiPen currently occupies Willows Commerce Park Building E on the adjacent parcel at 9931 Willows Road NE and received conditional use permit approval to operate at that site in 2009. The proposed DigiPen expansion would occupy a 15,559 square foot (sf) portion of an existing 55,083 sf building currently used as an office and warehouse. This application is not proposing any changes to grading, utilities, landscaping or other site improvements. Only the use of a portion of the existing building's interior is proposed to be changed. Should the applicant receive conditional use permit approval, they would then seek a tenant improvement permit to convert the space into a library and studios for group projects. See Attachments A and B, Application and Project Narrative. This expansion of DigiPen's facilities does not propose, nor would it allow an increase in the number of students and is only providing additional study and lab space for current students. Based

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Page 3 of 12 on the limited scope of work, an increase in impacts beyond those addressed in the 2009 Conditional Use Permit are not anticipated.

II. Site Description and Context The proposal is located inside Building Bon an interior lot of the Willows Commerce Park within the Willows/Rose Hill Neighborhood. The building is surrounded by educational uses (DigiPen) and office uses. The site does not have any street frontage but takes access from Willows Road NE. See Attachment C, Plan Set. The building was permitted and constructed in 1994. Building B is subject to the Willows Commerce Park Phase II and Phase III Binding Site plan, recorded in 1998 and associated site plan entitlements and amendments and modifications thereto. Educational uses require conditional use permit approval in the BP zone.

Adjacent Existing Land Use Zone

North DigiPen Business Park

Manufacturing and wholesale trade/PSE Electrical South Substation Business Park

Business, professional, scientific, and technical East services Business Park

Business, professional, scientific, and technical West services Business Park

III. Site Requirements The site is located within the Business Park (BP) zoning district, and conditional use permit approval is required for DigiPen to expand its facilities on the site. The site requirements listed in RZC 21.14.030 for this district are:

Requirement Proposed

Tract Area (acres): 1.5 acres No changes proposed

Minimum Lot Frontage: 30 feet No changes proposed

Front Setback: 30 feet No changes proposed

Side/Interior Setback: 40 feet No changes proposed

Side Street Setback: 40 feet No changes proposed

Rear Setback: 20 feet No changes proposed

Landscaping 20 percent No changes proposed

Impervious Surface Area 60 percent No changes proposed

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FAR (Floor Area Ratio)

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0.45-1 FAR No changes proposed

The existing structure was permitted and constructed in 1994 and the scope of work does not propose to make any changes to the site triggering compliance for any legal nonconformities per RZC 21.76.100.F. This application is not proposing any changes to grading, utilities, landscaping or other site improvements. Only the use of a portion of the existing building's interior is proposed to be changed. The expansion of DigiPen' s facilities will not increase student enrollment numbers, the proposed library and study space are for existing students only. The building will have no change in outward appearance. See Attachment D, Site Photos.

V. Neighborhood Regulations

The site is located within the Willows/Rose Hill Neighborhood. Per RZC 21.14.030.E.2 the Supplemental Standards in the Willows/Rose Hill Neighborhood apply to all properties zoned Business Park in the Willows/Rose Hill Neighborhood that are located north of NE 95th St. This property is in the Willows/Rose Hill Neighborhood and located north of NE 95th St. The neighborhood regulations include screening requirements for parking and buildings, location of convenience uses and preservation of open space. The structure was permitted and constructed in 1994, prior to the adoption of these neighborhood regulations. The proposed scope of work does not make any changes to the building or site which would trigger compliance with any of these neighborhood regulations.

VI. Public Notice and Comment

Requirements for public notice are contained in RZC 21.76.080.

Notice of Application: The Notice of Application for this proposal was published on July 22, 2019. The notice was posted at City Hall, the Redmond Regional Library, and a notice sign was posted on the property. Notice was also mailed to property owners within 500 feet of the site. See Attachment E, Notice of Application and Certificate of Posting.

Public Input: During the public comment period for the Notice of Application, the City received zero written comments.

Notice of SEP A Threshold Determination: The application is SEP A exempt per WAC 197-l 1-800(2)(f) and WAC 197-1 l-800(6)(b). The 55,083 sf office and warehouse structure was permitted and constructed in 1994 and subject to SEPA review at that time. The applicant is requesting a change of use that would allow a portion of the office and warehouse structure to accommodate library and studio space for its students. The proposed education use would occur entirely within the existing building, and fewer than 30,000 sf of the existing structure would undergo a tenant improvement if the change in use is granted. With no expansion of floor area proposed, the tenant improvements contemplated are categorically exempt from SEPA review. Therefore, a notice of SEPA threshold decision was not issued.

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Notice of Public Hearing: The Notice of Public Hearing for this project was posted on the site, at City Hall, and at the Redmond Regional Library on August 19, 2019. The notice was also mailed to property owners within 500 feet of the site and to individuals who provided written correspondence to the City on the same date. The notice was also included in a one-time newspaper publication. See Attachment F, Notice of Public Hearing and Certificates of Posting.

IV. State Environmental Policy Act The State Environmental Policy Act (SEP A) requires applicants to disclose potential impacts to the environment as a result of their project. The structure was permitted and constructed in 1994 and subject to SEP A review at that time. The change of use is SEP A exempt pursuant to WAC 197-11-800(6)(b) because the anticipated scope of tenant improvements is exempt pursuant to WAC 197-11-800(2)(f). An exemption was issued on August 8, 2019. See Attachment G, SEPA Exemption.

V. Compliance with Development Regulations The structure was permitted and constructed in 1994, and this application is proposing no changes to landscaping or impervious surface, parking, transportation, stormwater, building construction or design, or any other site plan or building elements. The conditional use permit seeks to allow an educational use in a BP zone within an existing structure. This expansion of DigiPen's facilities will not result in an increase in the number of students and is only providing additional study and lab space for current students. Any changes to the structure that need to be made for the new tenant will be internal only.

VI. Criteria Applicable to all Land Use Permits: Proposed land use actions within the city must comply with the criteria listed in RZC 21.76.070.B.3.a. These criteria are applicable to all land use permits to ensure overall consistency between proposed land use permits, applicable regulations, and the Comprehensive Plan. Staffs analysis of whether the proposal meets the decision criteria is below.

1. A proposed project's consistency with the City's development regulations shall be determined by consideration of:

a. The type of land use; b. The level of development, such as units per acre or other measures of

density; c. Availability of infrastructure, including public facilities and services needed

to serve the development; and d. The character of the development, such as development standards.

Staff Response: The application is for an educational use in a Business Park zone, which requires conditional use permit approval. The proposed change in use does not change the level of development nor character of development as it is an internal conversion of an existing space. The existing building was permitted and constructed in 1994 and is adequately served by existing

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Page 6 of 12 infrastructure. The proposed change in use will still be adequately served by existing public facilities and utilities.

2. Upon review of a land use permit and accompanying site plan, the decision maker shall determine whether building design and/or site design complies with the following provisions:

a. The Comprehensive Plan, RZC 21.02, Preface, RZC Article I, Zone-Based Regulations, RZC Article II, Citywide Regulations, and the Appendices that carry out these titles;

b. The provisions of RMC Title 15, Buildings and Construction, that affect building location and general site design;

c. The Washington State Environmental Policy Act (SEP A) if not otherwise satisfied;

d. RZC Article VI, Review Procedures, to the extent it provides the procedures to ensure compliance with the requirements in subsections B.3.a.ii.B and B.3.a.ii.C of this section;

e. Both within and outside the Transition Overlays, decision makers authorized by the RZC to decide upon discretionary approvals may condition such approvals and development permits, including but not limited to site plan approvals, to minimize adverse impacts on other properties and uses, and to carry out the policies of the Comprehensive Plan.

Staff Response: Staff has reviewed the application materials for consistency with the Comprehensive Plan and the RZC. This proposed change of use would occur within a portion of an existing permitted and constructed building with no exterior modifications or increases in student enrollment. The proposed change of use does not impact parking requirements for the site, results in no change to building height or floor area, and has no change to landscaping, impervious surface, transportation, stormwater, building construction or design, or any other site plan or building elements. A more complete analysis of compliance with the Comprehensive Plan is in Section VII below. Prior to issuance of a building permit, staff will review plans to ensure compliance with RMC Title 15, Buildings and Construction. The proposed change of use and tenant improvement was reviewed for SEPA compliance and determined to be exempt per WAC 197-11-800(6)(b) and WAC 197-11-800(2)(f), a SEPA exemption was issued August 8, 2019. See Attachment G, SEP A Exemption. This proposed change of use is being processed through the conditional use permit consistent with requirements in RZC Article VI, Review Procedures. Conditional use permit review includes SEPA review. A review of building plans to ensure compliance with RMC Title 15, Buildings and Construction will occur during building permit review. Staff has provided proposed conditions of approval to minimize adverse impacts and carry out policies of the Comprehensive Plan in Section IX of this report.

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Page 7 of 12 VII. Conditional Use Permit Decision Criteria: Conditional Use Permit decision criteria are located in RZC 21.76.070.K.4. The applicant's response to these decision criteria are in Attachment B, Project Narrative. Staffs analysis of whether the proposal meets the decision criteria is below. DigiPen received conditional use permit approval in 2009 to operate the school on the parcel to the north, and much of staffs analysis is similar to the approval in L090372. See Attachment H, Previous Conditional Use Permit Approval.

1. The conditional use is consistent with the RZC and the Comprehensive Plan.

Staff Response: The proposed change of use does not impact parking requirements for the site, results in no change to building height or floor area, and has no change to landscaping, impervious surface, transportation, stormwater, building construction or design, or any other site plan or building elements. The scope of work does not propose to make any changes to the site triggering compliance for any legal nonconformities per RZC 21.76.100;-F. The internal conversion of a portion of an existing building which was permitted and constructed in 1994 is consistent with the RZC. Stafrs analysis of the proposal's consistency with the comprehensive plan is in the table below.

FW-12 Ensure that the land use pattern The DigiPen Conditional Use Permit is proposed to accommodates carefully planned levels of locate in an existing building. An educational use is development, fits with existing uses, allowed in the Business Park zone with a Conditional safeguards the environment, reduces Use Permit. The proposed use will fit with existing sprawl, promotes efficient use and best uses within the Willows Commerce Park. management practices of land, provides opportunities to improve human health and equitable provision of services and facilities, encourages an appropriate mix of housing and jobs, and helps maintain Redmond's sense of community and character.

FW-13 Ensure that the land use pattern in DigiPen is located within the Willows/Rose Hill Redmond meets the following objectives: neighborhood and is located near high technology . . . Retains an encourages research and employers. DigiPen graduates students in the development, high technology and technology field, many of whom can find employment manufacturing uses in portions of in Redmond. Overtake, Downtown, Willows and Southeast Redmond

CC-2 Recognize and encourage Redmond DigiPen attracts students interested in careers in as a center for intellectual and technological innovation. DigiPen 's location in technological innovation. Redmond, along with a number of employers in

technology fields, helps encourage students to live, learn, and work in Redmond.

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LU-61 Business Park Designation Purpose Provide for attractively designed and efficiently used areas for business and manufacturing employment opportunities that complement commercial activities typically found in the Downtown, involve limited outdoor storage and include a high level of amenities. Allowed Uses Implement this designation through the Business Park zone. Permit uses, such as research and development, software development, advanced technology industries, wholesale businesses, certain manufacturing businesses, associated offices and similar uses .. .

EV-14 Support and collaborate with educational institutions, such as the Lake Washington School District, local community colleges, Bellevue College, the University of Washington and Lake Washington Institute of Technology, and other public and private institutions to: • Maintain and enhance the quality of education at all grade levels; • Encourage the location of higher education institutions within Redmond; • Encourage the development of programs that meet the changing needs of employers and employees, as well as those seeking employment;

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The proposed Conditional Use Permit will be compatible with the existing permitted uses within the Willows Commerce Park. DigiPen is an educational use and will graduate students in the technology field.

DigiPen is proposing the library and studio space to enhance the quality of student education on its campus. No new students will be added. The student space will be located on a parcel adjacent to DigiPen 's current location and will be located within an existing building.

2. The conditional use is designed in a manner which is compatible with and responds to the existing or intended character, appearance, quality of development, and physical characteristics of the subject property and immediate vicinity

Staff Response: The conditional use is to reprogram a portion of an existing building's internal space with no alteration to the exterior. Any subsequent exterior alterations will be reviewed through the applicable permit and go through either administrative design review or Design Review Board approval to ensure compatibility with existing and intended character.

3. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood

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Page 9 of 12 circulation or discourage the permitted development or use of neighboring properties

Staff Response: There is no change to the location, size, or height of the existing building. Structures, walls, fences, vegetation and other improvements on site have been previously approved through a site plan entitlement and subsequent administrative modifications. Student enrollment will not increase as a result of this change in use and therefore neighborhood circulation is not anticipated to change with the approval of the conditional use permit.

4. The type of use, hours of operation, and appropriateness of the use in relation to adjacent uses minimize unusual hazards or characteristics of the use that would have adverse impacts.

Staff Response: The educational facility should not impact any other use adjacent to the building. The use of the building will be similar to an office use with no manufacturing or hazardous substances within the building. The library and group study spaces do not increase enrollment at the school and any additional impacts are anticipated to be minor in nature.

5. The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood

Staff Response: The education facility is proposed in an existing building within an existing business park. The proposed use would be consistent with existing uses in the business park and anticipated pedestrian and vehicular traffic will not be hazardous or conflict with existing or anticipated traffic in the neighborhood.

6. The conditional use will be supported by adequate public facilities or services, and will not adversely affect public services to the surrounding area or conditions are established to mitigate adverse impacts on such facilities

Staff Response: The conditional use is in an already developed building with a previously approved site plan entitlement and is served by adequate public facilities and services.

VIII. Conclusions and Recommendations The Technical Committee has conducted its technical review on this proposal, including ensuring compliance with the Redmond Zoning Code, Redmond Comprehensive Plan, Redmond Municipal Code and State Environmental Policy Act. The Technical Committee is requesting that the Hearing Examiner approve the DigiPen Building B Expansion Conditional Use Permit subject to conditions listed in Section IX.

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Page 10 of 12 IX. Recommended Conditions of Approval

A. Site Specific Conditions of Approval 1. The project scope as described in the application mate1ials does not modify the building's exterior, the site plan, or increase enrollment capacity at DigiPen. See Attachments A-D. Should further expansion of the school facilities occur resulting in additional enrollment or additional floor area, it will be required to obtain separate conditional use permit approval.

2. Any alteration to the building's exterior or the site plan shall result in further permitting including but not limited to administrative modifications, site plan entitlements, civil construction review or other permits or processes as necessary.

3. Approval of Type III application shall expire two years from the date approval was final unless significant action proposed in the application has been physically commenced and remains in progress. RZC 21.76.090.C.1

4. Conditional Use Penni ts may be developed in phases. If more than three years have lapsed since final approval of the project, uncompleted divisions shall be subject to the current city standards. RZC 21.76.070.K.3

5. The following table identifies those materials that are approved with conditions as part of this decision.

Item Date Received Notes

Plan Set Dated 06/07/2019 07/10/2019 and as conditioned herein.

The following conditions shall be reflected on the Building Permit Drawings, unless otherwise noted:

1. Fire Department Reviewer: Stan Noble, Deputy Fire Marshal Phone: 425-556-2239 Email: snoble@redmond.gov

a. The current submittal is generally adequate for Conditional Use Permit Approval, but does not fully represent compliance with all requirements. The following conditions are integral to the approval and shall be complied within Building Permit Submittals, Fire Code Permit submittal, and/or other applicable processes: The structure is currently a B and S Occupancy per the Building and Fire codes. It is not currently listed as an E Occupancy: which is" ... for Educational purposes through the 12th grade." If the space being used would include education for 12th grade or below, then it would have to be considered as a potential change of use to an E occupancy.

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Pagellofl2

(Code Authority: RMC 15.06; RZC Appendix 3, RFD Standards, RFDD&CG)

2. Planning Department Reviewer: Elise Keim, Associate Planner Phone: 425-556-2480 Email: ekeim@redmond.gov

a. Tree Preservation Plan. A Tree Preservation Plan depicting all significant and landmark trees required to be preserved must be provided with the building permit.

Code Authority: RZC 21.72.060.D

Condition Applies: Building Permit

b. Impact Fees. For the Purpose of Impacts, the conversion of a 15,559 sf portion of a 55,083 sf building does not result in any impact fees for fire or parks._Feak PM trips generated by the library and studio spaces do not result in any transportation impact fees. Code Authority: RMC 3.10 Condition Applies: Building Permit

c. Construction Parking Requirements and Contact Information. A sign shall be posted on-site visible to the public the duration of all construction activity per the Construction Contact Sign Handout. Construction activities consist of all site work including, but not limited to grading, landscaping, infrastructure and building permit related construction. Applicant and contractor shall work with city planner prior to mylar signing to determine location(s) of sign(s). Contact information shall remain up-to-date and visible at all times. The assigned city planner shall be notified within two business days when contact person has been changed and a picture of the updated sign shall be e-mailed. Construction Parking requirements for the project shall be denoted on the bottom portion of the sign per handout instructions.

B. Compliance with City of Redmond Codes and Standards

This approval is subject to all applicable City of Redmond codes and standards, including the following:

Fire

RMC 15.06: Fire Code

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RZC Appendix 3:

City of Redmond:

City of Redmond:

Planning

RZC21.14:

RZC 21.14.030:

RZC 21.58-21.60

RMC 3.10

RZC 21.32, 21. 72:

RZC 21.34:

RMC 6.36:

RZC 21.40:

RZC 21.44:

Building

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Construction Specification and Design Standards for Streets and Access

Fire Department Design and Construction Guide 5/6/97

Fire Department Standards

Commercial Regulations

Business Park

Design Standards

Impact Fees

Landscaping and Tree Protection

Exterior Lighting Standards

Noise Standards

Parking Standards

Signs

2015 International Building Codes (IBCs)

2015 Unifo1m Plumbing Code

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