Potala Village Mixed Use Development
City File Nos. BMU13-03290, SHR11-00002 and SEP11-00004
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PROJECT STATUS (Updated 11/20/13)
- Letter from the City Manager, Kurt Triplett - to clarify the status of the building permit application for Potala Village.
- Conditions of Approval for the Shoreline Substantial Development Permit (see Pages 3 and 4 of attached document). The entire Notice of Decision is available at the link below titled "revised decision for the Substantial Development Permit".
- Site Remediation - Under the terms of the shoreline substantial development permit issued for the project, site remediation is required for contaminated soil and groundwater, and removal of underground storage tanks. The City has hired a consultant (Kane Environmental) to monitor site clean-up and ensure compliance with Department of Ecology rules. This means that there will be work occurring on the site before the building permit is issued.
The applicant's soils engineer will be doing test borings in the next few weeks and so there will be equipment on the site. Asbestos testing will also be occurring in both of the existing buildings.
Building demolition and site cleanup will require demolition and shoring permits, which have not yet been applied for.
- Review of building permit - On Hold (per applicant's request made 9-10-13): pending resubmittal of revisions based on environmental review.
- The Potala Village building permit (No. BMU13-03290) application has been determined to be complete. The project is for 97 residential units and 7,985 square feet of commercial space. Citizens may view the building permit application by submitting a public records request to PublicRecords@kirklandwa.gov and referencing "Potala Village Building Permit #BMU13-03290 submitted for review." The City Clerk's office will then make the permit available on line to download or on a CD.
- City of Kirkland appeals Superior Court ruling on Potala Village project's vesting
- The applicant filed a petition before the State Growth Management Hearings Board (No. 12-3-0005) on the BN Moratorium that did not allow a building permit to be submitted to the City. The board recently ruled that the petition was moot with expiration of the Moratorium on December 31, 2012.
- The applicant filed two complaints before the Superior Court of Washington for imposition of the moratorium and new zoning regulations. The orders linked below were recently entered by the Superior Court Judge in the first of these two matters.
- GMA Advocates filed a petition for review before the State Shorelines Hearings Board on the City's decision on the shoreline Substantial Development Permit (see below). On June 19 and 20, 2013, the Board held the hearing on the appeal. On August 8, 2013, the Board issued its decision and order. Pursuant to the Board's decision and stipulation regarding legal issue No.11, on August 12, 2013, the Planning Director issued a revised decision for the Substantial Development Permit.
- The Planning Director issued the decision on the shoreline Substantial Development Permit (SDP) on January 17, 2013. Except for limited shoreline provisions, the permit only applies to the portion of the property within 200' of Lake Washington. Up to approximately 53' of the western portion of the property is subject to the SDP. The Decision and Attachments are available below:
- The SDP reviews for compliance with the City's Shoreline Master Program which includes the applicable policies in the Shoreline Area Chapter of the Comprehensive Plan and the applicable shoreline regulations in Chapters 83 and 141. The scope of the SDP does not include other chapters of the Zoning Code or Comprehensive Plan.
- Final Environmental Impact Statement: Issued on November 2, 2012, and available at link above. Paper copy available for review at City Hall and downtown Kirkland Library. Paper copy or CD available for purchase at City Hall upon request by contacting Teresa Swan, firstname.lastname@example.org
The subject property consists of property located at 1006, 1008, and 1020 Lake Street South and 21 10th Avenue South. The subject property currently contains a dry cleaner, a restaurant, and single family residences.
Lobsang Dargey of Dargey Enterprises is proposing a 4-story mixed use development containing 6,200 square feet of ground floor commercial space and 143 residential units in the stories above. The height of the proposed building is 30 feet above existing grade. Underground parking is proposed to contain 316 parking stalls. Vehicular access will be from Lake Street South. View the project summary.
- Zoning Permit - No zoning permit is required. The subject property is zoned BN (Neighborhood Business) and the proposed uses are permitted outright in the BN zone. With recent amendments to the Kirkland Zoning Code (KZC), the project must go through Design Review pursuant to Chapter 142 KZC.
- Environmental Review - Project impacts such as traffic, parking, aesthetics, noise, and glare are analyzed under the State Environmental Policy Act (SEPA).
- Shoreline Permit - Up to 53 feet of the western portion of the subject property is within 200 feet of Lake Washington and requires a State Shoreline Substantial Development Permit (SDP).
- Road Concurrency Test - All projects subject to SEPA are also subject to a road concurrency test.
- April 7, 2011 - Public Works Department issued a notice that the project passed the City's Road Concurrency test
- October 4, 2011 - The City published a notice of the Concurrency Test Decision
- November 17, 2011 - Road concurrency appeal hearing
- December 2, 2011 - Hearing Examiner affirmed Public Works road concurrency decision
- March 20, 2012 - City received a written request to extend the concurrency test decision for one year as permitted under the Kirkland Municipal Code. The extension was granted.
- January 17, 2013 - by virtue of the issuance of the shoreline substantial development permit, the concurrency approval was complete (KMC 25.12.010).
A Phase I Environmental Assessment and water/soil sampling has been completed for the site to determine if the soil is contaminated from the existing dry cleaner use or the past gas station dating back to the 1970's. Any development on the site must meet the State Department of Ecology's Model Toxic Control Act Cleanup program for removal of contaminated soil. For questions on this process, contact the Department of Ecology.