Friday, May 1, 2020

Update on Talaris Proposed Development

The Laurelhurst Community Club published this information in a recent newsletter:


Talaris Redevelopment Still in Play 
The Talaris property is once again under review of the Seattle Department of Constructions & Inspections (SDCI) under project #3030811-LU. This proposal is for 67 new single-family homes and seven separate land tracts; however, now the applicant is the Pistol Creek group from Bellevue, not Quadrant Homes. 
Many neighbors sent in comments about the project, which has not yet been approved by the Seattle Landmark Preservation Board (SLPB) nor SDCI. LCC and its consultants have expressed concern to the City about the process of submitting a project for Master Use Plan permitting approval without the prior approval of the Seattle Landmark Preservation Board. SDCI reviews cover many aspects to determine impacts on zoning, transportation, wetlands, drainage, steep slope erosion, biological/wildlife, cultural resources, landmark status, and more. Major projects with such proposed drastic site changes trigger a SEPA (State Environmental Protection Act) review and, most often, an EIS (Environmental Impact Study). These tools systematically identify the impacts and require alternatives and mitigation options to be included as prescribed by local, state and federal regulations. 
LCC and other entities have expressed concerns to the City about the recent process being “out of order,” arguing that SLPB should have vetted the plans before they were submitted to the SDCI, Notable historic preservation organizations, including LCC’s preservation consultant, delineated the conflict the proposed intense development had with the Department of Interiors’ National Standards for Historic Preservation, which the City of Seattle has adopted. It would be a more efficient use of City resources to have the plans approved or altered by SLPB and then proceed through the complex SDCI permitting process.  
SLPB has not yet set a date to evaluate Pistol Creek’s plans. In the meantime, SDCI is allowing the developer to push the plans along in their system under the pretense of its SLPB approval. This could just be an attempt to establish a false valuation for the owner for a project that may never achieve approval. 
LCC, the Seattle Audubon, and many tree advocate professionals also submitted comments objecting to the proposed drastic plans to remove 271 of the 455 healthy trees on the site in order to construct 67 new home sites. Of most concern the plan removes 289 trees that are “exceptional” or part of an exceptional grove. According to the developer’s arborist report, only 79 of the exceptional trees would be retained (27 percent). Unlike rebuilding a demolished structure, mature and exceptional trees take 40+ years to replace their functions, including cleansing pollutants from the air, preventing soil erosion, and providing appropriate habitat for urban wildlife. 
The severe tree removal would also cause an increase in land temperatures due to lack of shading as recently evidenced in Seward Park. The City of Seattle has stated its explicit goal to increase its tree canopy to 30 percent. Allowing such massive tree removal on a landmarked landscape is cannot be mitigated and would change the ecosystem of the entire neighborhood, as well as undermine the City’s tree canopy and Climate Change goals. Since the project is not approved yet by the City, there is a always a possibility of an alternative site plan that would be compatible with the landmark preservation national standards. 
The owner is entitled to a reasonable return on investment, and any plan will have to meet that criteria as well. LCC continues to work cooperatively on any viable option, from any entity. Please contact us (with your millions) to discuss a connection to the owner.

LCC told the Laurelhurst Blog that Bruce McCaw's company, Pistol Creek, managed by Greg Vik, the President, is using the original Quadrant team of consultants to move the project forward. 

LCC added:
The Pistol Creek people are not developers who build these suburban type home subdivisions. Thus, it would appear that Pistol Creek, is going through the City of Seattle's SDCI process to achieve approval for its plans. If that would occur, then it likely  (not certain)  it would be re-sold to another home builder/development operator. 
It is not known if, and who,  that entity would be, but the entitlement approvals from the City of Seattle would allow the property to be flipped again. 
The important issue is that moving these plans through the SDCI system without FIRST being approved by the Seattle Landmark Preservation Board, is "out of order". and creating a false economic value for something that may never be able to be compatible with its landmark status.  It is utilizing taxpayers' scarce resources at SDCI on something that may never be approved. The City would be more efficient to require and receive the SLPB approval, then submit an acceptable plan to SDCI for any approval and issuing a MUP (Master Use Plan).

A neighbor recently contacted the Landmarks Preservation Board about how the  landmarked buildings can be demolished, saying "I thought that’s why there are landmarked so that they are preserved. I understand the change of use on 5 of them but how can they be demolished? Please explain. This does not seem proper. "
The Land Use Planning Supervisor responded to the neighbor saying:
Yes, there is landmark protection on the site. The applicant has applied for a Certificate of Approval from the Landmarks Board (administered by the Department of Neighborhoods - DON) to demolish some of the structures as part of their bigger project.  Evidently, the Certificate of Approval can be approved for demolition in certain circumstances but DON would need to provide any further information about that.  
SDCI is reviewing the development proposal and is generally not allowed to issue a demolition permit for a landmarked structure unless the Certificate of Approval is granted.  This is a complex project with many regulatory issues for the applicant to resolve.  
As part of the review by SDCI, we ask for comments about anticipated impacts of the proposal.  You can also comment on whether the proposal meets the criteria of approval for the decisions that need to be made by SDCI.  If an appeal of an SDCI decision is received, the final decision, along with the decision on the actual full subdivision, will be made by the City Hearing Examiner.  Quite a bit of review still needs to be completed prior to any decisions being made.
The property was designated with landmark status in November 2013, which dictates that specific controls define certain features of the landmark to be preserved and a Certificate of Approval process is needed for changes to those features. Some incentives and controls included in the City's ruling are zoning variances, building code exceptions, and financial incentives, which are protected, as stated on the City's Landmark and Designation website.

The site, built in 1967, was originally owned by Battelle Memorial Institute. In 1997 Era Care Communities purchased the property for $6,125,000 and it was developed into Talaris Institute which focused on infant and early learning research of the brain. In 2000, Bruce Mc Caw under the name 4000 Property LLC of Bellevue, purchased the property for $15,630,000. The county has assessed the property at $14 million and sold in 2000 for $15.6 million.

The property, when sold several decades ago, included an underlying Settlement Agreement in which Battelle Neighbors and the Laurelhurst Community Club (LCC) are partnered together with the land owners of the parcel. The Settlement Agreement specifically states that major institutions can't operate within this property (no hospitals, colleges, etc). And the Settlement Agreement has specific restrictions attached which specifies the use of the property to protect the quality of life in the adjacent neighborhood.

For decades, neighbors were free to stroll the grounds, until 2013, when Talaris suddenly put up "No Trespassing" signs and installed a four feet chain link fencing in 2013, as well putting up a main driveway barricadefence on northwest side and a surveillance camera. Neighbors were no longer allowed to use the large grassy meadow area where generations of kids practiced soccer and the past few years the grounds facing NE 41st Street are often neglected and grass not consistently mowed. The Laurelhurst Community Club, has been involved with the site for over 30 years, working to ensure the property is well integrated with the neighborhood by closely monitoring proposed development. LCC has also worked with current owners in lobbying for better property maintenance

The Laurelhurst Blog recently posted about the owners of Talaris violating the landmarks agreement with the City, by installing a chain link fence last month at the 7.8 acre Talaris campus (4000 NE 41st Street).
Shortly after, the Landmarks Preservation Board listed on their meeting agenda for Talaris: "proposed perimeter fencing- retroactive."

The Laurelhurst Blog contacted the Landmarks Preservation coordinator about the outcome of this agenda item and they said:

The owner’s representative attended the meeting on December 13. They were asked by Board members to look at a more comprehensive security plan for the campus, in addition to, or in lieu of the new 6’ fence. 
To be responsive to this request, the owner requested to table the item, so it was not considered by the Landmarks Board at their meeting on December 18th. 
When work is done without approval we assess the situation and attempt to remedy the issue. In this case, we’ve asked the applicant to seek approval, so they have started that process.  
They are currently planning to return to the Landmarks Board meeting on January 15, 2020. 
The code does not address numbers of retroactive applications.  I cannot speculate on the property owner’s motivations.  
We are enforcing the code by requiring the property owner to acquire a Certificate of Approval from the Landmarks Board.  Had the owner not started the application process they would have received a Notice of Violation from Seattle Department of Construction and Inspections.

In 2018, Talaris removed a large oak tree with proper approval from the Landmarks Preservation Board and asked for retroactive Certificate of Approval from the City, violating the Landmarks agreement.

And in April 2016, Talaris again cut down trees without proper approval from the City Landmarks Board and after the trees were cut down, then requested a retroactive Certificate of Approval from the City.
And again, in November 2013, Talaris also cut down another tree with approval from the Landmarks Board and then suddenly got a retroactive certificate in place after the trees were cut down.  

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