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Bridge Industrial FAQs

Frequently Asked Questions on the Bridge Industrial Project

Updated October 6, 2023

 

 

Where can I get a copy of the Tacoma Hearing Examiner's decision in regard to HEX2023-011a South Tacoma Neighborhood Council v. City of Tacoma; Bridge Point Tacoma, LLC AND HEX2023-11b 350 Tacoma v. City of Tacoma; Bridge Point Tacoma, LLC?

The Tacoma Hearing Examiner’s Findings of Fact, Conclusions of Law, and Decision, with Appendix A attached, entered on October 5, 2023, is available here.

 

 

 

What was the standard of review in the case of HEX2023-011a South Tacoma Neighborhood Council v. City of Tacoma; Bridge Point Tacoma, LLC AND HEX2023-11b 350 Tacoma v. City of Tacoma; Bridge Point Tacoma, LLC?
The standard of review in the case of HEX2023-011a South Tacoma Neighborhood Council v. City of Tacoma; Bridge Point Tacoma, LLC AND HEX2023-11b 350 Tacoma v. City of Tacoma; Bridge Point Tacoma, LLC – and any type of environmental review case for that matter – is that: 

  • The Tacoma Hearing Examiner is required by state law and regulations, including the State Environmental Policy Act (SEPA) to give substantial weight to the decision of the SEPA official who, in this case, is the City’s Planning and Development Services Director and presume that decision to be correct if it was a decision where there is support for why it was decided the way it was. In this case, there were about 4,000 pages of support.
  • After everything has been reviewed, and the Tacoma Hearing Examiner is left with a firm impression that the decision of the SEPA official was clearly erroneous, then the Tacoma Hearing Examiner can overturn the City’s decision. In this case, the Tacoma Hearing Examiner upheld the City’s decision.

What is the process for reconsideration / appeal of the Tacoma Hearing Examiner's decision?

The City Council has no role in the process for reconsideration / appeal of the Tacoma Hearing Examiner's decision.

 

As detailed on page 87 of the Tacoma Hearing Examiner's Findings of Fact, Conclusions of Law, and Decision: 

 

"Any aggrieved person or entity having standing under the ordinance governing the matter, or as otherwise provided by law, may file a motion with the Office of the Hearing Examiner requesting reconsideration of a decision or recommendation entered by the Examiner. A motion for reconsideration must be in writing and must set forth the alleged errors of procedure, fact, or law and must be filed in the Office of the Hearing Examiner within l4 calendar days of the issuance of the Hearing Examiner's decision/recommendation, not counting the day of issuance of the decision/recommendation. If the last day for filing the motion for reconsideration falls on a weekend day or a holiday, the last day for filing shall be the next working day. The requirements set forth herein regarding the time limits for filing of motions for reconsideration and contents of such motions are jurisdictional. Accordingly, motions for reconsideration that are not timely filed with the Office of the Hearing Examiner or do not set forth the alleged errors shall be dismissed by the Hearing Examiner. It shall be within the sole discretion of the Hearing Examiner to determine whether an opportunity shall be given to other parties for response to a motion for reconsideration. The Hearing Examiner, after a review of the matter, shall take such further action as he/she deems appropriate, which may include the issuance of a revised decision/recommendation. (Tacoma Municipal Code 1.23.140)" 

Additionally, with regard to an appeal to Superior Court of the Hearing Examiner's decision, page 87 of the Tacoma Hearing Examiner's Findings of Fact, Conclusions of Law, and Decision indicates that:

"Pursuant to the Official Code of the City of Tacoma, Section 1.23.160, the Hearing Examiner's decision may be appealable to the Superior Court for the State of Washington. Any court action to set aside, enjoin, review, or otherwise challenge the decision of the Hearing Examiner shall likely have to be commenced within 21 days of the entering of the decision by the Hearing Examiner, unless otherwise provided by statute."

 

What is the City of Tacoma’s authority to stop this project?

When the City reviews and processes land use and building permits, it must abide by Washington state law and regulations, including the State Environmental Policy Act (SEPA). If a project is proposed in a zone that allows it, like this one was, then the City is mandated by the state to review and process its land use and building permits within 120 days.

 

Can the City place conditions on a permit?
Yes, based on information gathered in its SEPA review, the City can place conditions on a permit. Such conditions must be related to the environmental impact of a project and meet the requirements of Washington state law.

 

What conditions did the City place on the permit for this project?
The City placed conditions on the permit for this project relating to air quality and greenhouse gases; urban forestry and vegetation; environmental health; and traffic condition monitoring, intersection modifications, new signals, street connections and sections. Details are available here:

Conditions Placed on the Permit

Air Quality and Greenhouse Gases
The following mitigation measures are intended to address concerns about human and environmental health related to air quality and greenhouse gases as discussed in the City of Tacoma Comprehensive Plan, the City’s Equity Index, and the 2030 Climate Action Plan.

  • Construction equipment shall meet Tier 4 standards for fuel efficiency and emissions, unless it can be demonstrated that such equipment is not reasonably available or that exigent circumstances require use of other equipment.
  • The applicant shall meet or exceed all best practices for fugitive dust emissions as provided in the applicant’s soil management report. Any soil loads removed from the site shall be covered. All grading/filling activity shall maintain soils on site – watering soils, or halting work during windy/dry weather.
  • The site shall have signage and tenant agreements implementing a strict no-idling policy for all vehicles on site.
  • Current permits and this environmental review do not vest the site/buildings to gas heat. Any new service shall be considered under the codes in place at that time – including a requirement for electric heat, if applicable.

Urban Forestry / Vegetation:
The following mitigation measures are in addition to all conditional requirements of the Critical Area Development Permit. The intent of the mitigation is to address air quality and aesthetic concerns, as well as to meet the City’s Environmental Goals for tree canopy. Further, adding plantings will begin to address the disparities in health and economic outcomes for this part of Tacoma.

  • The development area (all portions of the site outside identified critical areas and buffers) shall achieve 30% tree canopy coverage as calculated by estimated mature canopy size per the City of Tacoma Urban Forest Manual and TMC 13.06.090.B.3.d. The project will comply with landscaping and parking requirements established by Code.
  • If 30% cannot be met as part of the final landscape plan approval, then the final landscape plan will identify the deficient canopy area and the equivalent number of large trees needed to provide an equivalent amount of canopy area. Before issuance of any certificate of occupancy for the proposal, the Applicant shall provide the money necessary to fund tree planting at a cost of $750 per tree. This amount ($750 multiplied by the number of large trees needed to provide the deficient canopy area) shall be provided to one of, or allocated among, the following organizations: Tacoma Urban Forestry program, Metro Parks Tacoma, or Tacoma Tree Foundation, for tree planting within ½ mile of the site.
  • The applicant shall exceed the code requirement for native species that is set forth in the TMC. A minimum of 25 percent of species shall be native plants, site wide, with native species concentrated to the western side of the site. Where there is sufficient growing space, Garry Oaks are encouraged.
  • All trees shall be the minimum size at planting – 2-inch caliper for deciduous trees and a minimum of six feet tall for evergreens.
  • Development site landscaping shall be added to the monitoring contract for the vegetation at the wetland/critical area. A separate, concurrent report shall be filed annually with the City, for three years after the signing of the monitoring contract, containing an inventory of plants required by the landscaping plan and indicating whether any have been removed or are not viable due to damage or disease. Any plants that have been removed or rendered non-viable shall be replaced.

Environmental Health

  • Prior to final inspection of any Site Development Permit, and prior to Certificate of Occupancy on any building, the applicant shall provide confirmation from the EPA regarding the applicant’s compliance with the Soil Management Plan for all of (or the relevant portion of, in the case of phasing) the site.
  • All tenant improvements (e.g. for mechanical equipment) will be reviewed for potential noise generation and impacts pursuant to the requirements of the tenant improvement permitting process and other Code regulations as applicable.

Traffic Conditions – Monitoring:
The trip generation estimates documented in the traffic impact analysis (TIA) are based on the ITE Trip Generation manual for an “Industrial Park” land use code 130. Because the development does not have specific identified tenant(s), this land use type was chosen as a conservative estimate over general “warehousing” with the acknowledgement that higher traffic-generating uses may require further traffic analysis. The following conditions are necessary to ensure that mitigation is appropriate for traffic impacts that are realized once the building areas are occupied.

 

Traffic Monitoring Based on Land Use Types

 

  1. At approximately 1.2 million square feet (50%) occupancy of the total site building area, the following shall be required:
    • i. Applicant or property owner shall supply to City of Tacoma Public Works Department a comprehensive list of building tenants and land use types.
    • ii. If City and applicant or property owner determine that building tenants are consistent with the description of land use types identified in the “Industrial Park” land use category (per ITE Trip Generation Manual), or are one of the following land uses that generate a lower rate of trip generation than Industrial Park, then no further action shall be required:
      • High-Cube Cold Storage Warehouse
      • High-Cube Transload/Short-Term Storage Warehouse
      • High-Cube Fulfillment Center (non-sort)
    • iii. If City and applicant or property owner determine that one or more building tenants are consistent with the ITE description of the following land uses, then a trip generation study (defined in section B below) shall be completed:
      • High-Cube Parcel Hub
      • High-Cube Fulfillment Center (sort)
  2. The same requirements in item 1) above shall be required at the following additional occupancy timelines:.
    • i. Approximately 75% occupancy of total site building area (approximately 1.8M square feet).
    • ii. 100% occupancy of total site building area.

Trip Generation Study

  1. Per section a.1)iii. above, if a trip generation study is required, then the following steps shall be completed.
  2. Weekday daily and PM peak period (from 4 to 6 PM) traffic volumes entering and exiting the site will be collected over three consecutive weekdays for the first two weeks of two consecutive months. 
  3. The traffic volumes collected for the 12 full weekdays will be summarized to establish an average daily and average weekday PM peak hour trip rate per 1,000 sf of occupied building area.
  4. The resulting average weekday daily and PM peak hour site-generated traffic volumes will be calculated and compared to the weekday daily and PM peak hour trip generation analyzed in the TIA (4,980 weekday daily and 842 PM peak hour trips).
    • i. If site-generated weekday daily and PM peak hour traffic volumes are less than analyzed in the TIA, then no further action shall be required.
    • ii. If site-generated weekday daily or PM peak hour traffic volumes are greater than analyzed in the TIA, then the following shall occur:
      1. The applicant or property owner shall be given a 3-month period to work with tenant(s) to reduce vehicular site-generated trips during the weekday daily and/or PM peak hour. 
      2. A new trip generation study as outlined in section b.2) through 4) above shall be conducted at the end of the 3-month period. 
        1. If site-generated weekday daily and/or PM peak hour traffic volumes are less than analyzed in the TIA, then no further action shall be required.
        2. If site-generated weekday daily and/or PM peak hour traffic volumes are greater than analyzed in the TIA, then additional traffic analysis per section C (Additional Traffic Analysis) shall be required.
  5. Additional Traffic Analysis
    • i.Per section b.4)ii.2.b above, if additional traffic analysis is required, then the following shall be completed:
      1. The applicant or property owner shall work with the City of Tacoma Public Works Department to establish a scope of work for the additional traffic analysis. The scope of work may include weekday PM peak hour level of service analysis at some or all of the 11 signalized study intersections evaluated in the TIA.
      2. If the additional traffic analysis shows that any of the 11 signalized study intersections are operating at LOS F during the weekday PM peak hour, then additional intersection mitigation to improve the LOS F to LOS E may be required. 

Traffic Conditions - Intersection Modifications and New Signals:
When fully occupied, the TIA estimates that the site will generate up to 4,980 new weekday daily vehicle trips and 842 weekday PM peak hour trips of which 1,411 weekday daily trips and 99 weekday PM peak hour trips are estimated to be truck trips. The following conditions must be met prior to 100% occupancy of the site to ensure that intersections can continue to operate at acceptable levels of service for all modes under the projected traffic conditions.

  • A new traffic signal shall be constructed to City of Tacoma standards at the intersection of the North Access Road & S 35th St.
  • A new traffic signal shall be constructed to City of Tacoma standards at the intersection of S 56th Street & S Madison Street.
  • The intersection at S Union Ave & S 35th St shall be modified to accommodate new traffic patterns. Modifications may include the following: relocation of signal poles and equipment, new push buttons, new signal heads, new timing, modification of curbing and sidewalk to accommodate turning movements by large trucks, and appropriate separation of pedestrian and bicycle traffic from turning traffic to enhance the safety of vulnerable road users. Additional modifications not listed may be required as necessary to ensure design standards are met for safe traffic operations at the intersection.
  • The intersection at S. Tacoma Way & S. 35th Street shall be modified to accommodate new traffic patterns. Modifications may include: relocation of signal poles and equipment, new push buttons, modification of curbing and sidewalk to accommodate large truck turning movements, and appropriate separation of pedestrian and bicycle traffic from turning traffic to enhance the safety of vulnerable road users. Additional modifications not listed may be required as necessary to ensure design standards are met for safe traffic operations at the intersection.
  • The traffic signals at S. 35th Street and S. Union Ave, North Access Road, and S. Tacoma Way shall have interconnection installed with each other and with the S 35th St railroad crossing signal. Rail pre-emption shall be included where necessary.

Traffic Conditions – Street Connections and Sections:
When fully occupied, the TIA estimates that the site will generate up to 4,980 new weekday daily vehicle trips and 842 weekday PM peak hour trips of which 1,411 weekday daily trips and 99 weekday PM peak hour trips are estimated to be truck trips. The following conditions must be met prior to 100% occupancy of the site to ensure that vulnerable road users are appropriately separated from heavy vehicle traffic, that the site is accessible to people using all modes of transportation, and that connectivity is maintained in the public street network.

  • Bicycle lanes shall be striped on both sides of S 35th Street between S Union Ave and S Tacoma Way. This re-striping shall include all necessary improvements to establish bike lanes to City of Tacoma standards. Improvements may include, but shall not be limited to the following: stripping, signs, replacement of catch basin grates, removal of on-street parking (i.e. curb to curb width to remain unchanged).
  • S Madison Street shall be improved along the site frontage and beyond the site to S 56th Street to match the existing width at the intersection of S Madison St and S 56th Street to accommodate turn lanes. North of the turn lanes the road width shall generally be 32 feet wide from flow line to flow line, with some narrowing for constrained right-of-way. Sidewalk shall be constructed on one side of the proposed Right-of-Way improvements and must be extended from the site frontage (public-private transition) to the existing sidewalk on S 56th Street.
  • In accordance with TMP Policy 3.6 and RW Design Manual Ch4-6.1, a public right-of-way shall be dedicated, and a new public segment of S 48th Street must be constructed, to connect S Madison St and S Burlington Way. This connection must be consistent with all standards for public streets in the City of Tacoma Right-of-Way Design Manual and the City of Tacoma Standard Plans.
  • In accordance with the North Access Road Agreement, the North Access Road is to be a public right-of-way. The City of Tacoma Right-of-Way Design Manual Chapter 4-6.9 does not allow dead end streets longer than 500 feet in length. To avoid a public dead-end street, and for consistency with TMP Policy 3.6 and RW Design Manual Ch4-6.1, a public right-of-way must be dedicated and a new continuous public street must be constructed from S 35th St to the future intersection of S 48th St and S Burlington Way. This will require additional right-of-way dedication south of the TPU property covered by the North Access Road Agreement. This condition may be waived by the City Engineer if the North Access Road Agreement is modified to allow a private road, or if an acceptable alternative design is developed to serve public access.
  • Sidewalk shall be constructed on the east side of S Burlington Way from S 56th Street to the existing sidewalk to the north. This connection will complete the pedestrian access route between the site and the Sound Transit Sounder Commuter Rail station.
  • Sidewalk shall be constructed along the S 50th Street site frontage and crossing the rail tracks to connect to existing sidewalk on S 50th Street east of the tracks. This sidewalk connection shall only be required on the north side of S 50th Street. This connection will complete the pedestrian access route between the site and the nearest bus routes on South Tacoma Way.
  • The site, all driveways, and all new private and public roads proposed as part of the project shall be designed to direct truck traffic to and from the North Access Road connection at S 35th Street and away from southern public street connections at S 56th Street and S 50th Street.
  • The walkway along the North Access Road through the site shall remain open to the public during all open hours of the site.

 

 

Can the City or the City Council decide whether it wants a particular project in a zone?

The state does not authorize the City or the City Council to decide whether it wants a particular project in a zone that allows it, or whether a different project would be better.

 

Why did the Council allow the City to process the land use and building permits for this project?

The state does not authorize the Council to be involved in permit review and processing.

 

What does the state authorize the Council to do?
The state authorizes the Council to consider and adopt zoning changes each year, and community input weighs into those decisions. But any zoning changes made by the Council would not affect projects like this one that were proposed in zones that allowed them at the time.

 

What can the Council do with regard to zoning?

The Council can change an area’s zoning to prohibit future projects of certain kinds or the expansion of existing projects.

 

Is the Council going to look at zoning in the South Tacoma Groundwater Protection (STGP) District?

Yes. To review future zoning in the South Tacoma Groundwater Protection (STGP) District, the Council has enacted a one-year district moratorium on certain industrial uses, including storage tanks, metal recycling and auto wrecking. And, as a part of the Council’s STGP District zoning review, the City will conduct a type of Health Impact Assessment (HIA) within the district that is different from a traditional HIA.

 

How is the HIA that the City will conduct as part of the Council’s STGP District zoning review different from a traditional HIA?

A traditional HIA is a state-mandated air quality assessment that occurs when air emissions exceed a SEPA-specified threshold. The type of HIA that the City will conduct as a part of the Council’s STGP District zoning review is not state-mandated, focuses primarily on community outreach (and may include an extensive community survey, a compilation of historic impacts to the community, an assessment of what the community wants for its future, and other subjects), and is estimated to take a year or more to complete, based on information gathered from other jurisdictions.

 

Could the HIA that the City will conduct as part of the Council’s STGP District zoning review potentially stop the Bridge Industrial Project?

No. It could not, because the Bridge Industrial Project was proposed in a zone that allowed it at the time.

 

What did the City analyze in its state-mandated review of the Bridge Industrial permit application?

The City analyzed impacts to air, and air emissions were found to be far below the threshold for a traditional HIA to be conducted. The City also analyzed impacts to water, natural resources, traffic, noise and other topics.

 

In its state-mandated review of the Bridge Industrial permit application, did the City gather input from the community?

Yes. In fact, the public comment period was extended by the City from the required minimum of two weeks, to nearly eight weeks. The City also conducted a public information session.

 

Will community members have opportunities to engage in any part of the Council’s STGP District zoning review?

Yes. Community input has always informed the Council’s policy decisions. And, in fact, the Council believes that community should define Tacoma’s future.  The Council’s STGP District zoning review focuses primarily on community outreach, and more details will be shared as they become available on the City’s website and other official platforms. 

 

More Information

For more information on the project, visit www.cityoftacoma.org/bridgeindustrial.

 



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