FINDINGS, CONCLUSIONS AND DECISION OF THE CITY COUNCIL OF THE CITY OF SEATTLE In the matter of the Petition of SWEDISH HEALTH SERVICES To establish a new Major Institution Master Plan for the Swedish Medical Center First Hill Campus located at 747 Broadway

C.F. 306755 Project 2400078

FINDINGS, CONCLUSIONS AND DECISION

Introduction

This matter involves the petition of Swedish Health Services ("Swedish") to establish a new Major Institution Master Plan ("MIMP") for the Swedish Medical Center First Hill Campus located at 747 Broadway in the First Hill Urban Center. The proposed MIMP includes rezones to change height limits to the existing Major Institution Overlay and contemplates future construction of approximately 1.2 million square feet of net new floor area on the Swedish Medical Center First Hill Campus.

The Seattle Municipal Code, S.M.C. Chapter 23.69, governs regulation and major medical and educational institutions. Such institutions are required to have a MIMP in order to balance the need of the major institution for facilities development with the need to minimize the impact of that development on surrounding neighborhoods.

The Swedish Medical Center First Hill Campus has an existing MIMP which was adopted by the City Council through Ordinance 111993 in November, 1984. In December 2003, Swedish began the process of establishing a new MIMP.

In June 2005, the Department of Planning and Development ("DPD") issued a Analysis, Recommendation and Determination of the DPD Director, recommending that the MIMP be approved subject to conditions. Also, in June 2005 the Citizens Advisory Committee ("CAC") issued its Final Report and Recommendation, recommending that the MIMP be approved subject to conditions. In August 2005, the City Hearing Examiner issued her Findings and Recommendation for approval of the MIMP subject to conditions.

The City Council's Urban Development and Planning Committee considered the matter at meetings on September 28 and August 12, 2005. The Committee voted unanimously to recommend approval of Clerk's File 306755 and Council Bill 115415, subject to conditions. After considering the record and Committee recommendation, the full Council voted to adopt the MIMP with the following findings and conclusions, subject to conditions.

Findings of Fact

The Council hereby adopts the Hearing Examiner's Findings of Fact as stated in the Findings and Recommendation of the Hearing Examiner dated August 31, 2005.

Conclusions

Pursuant to S.M.C. Chapters 23.69 and 23.76, the City Council has jurisdiction over this matter. The Council hereby adopts the Hearing Examiner's Conclusions as stated in the Findings and Recommendation of the Hearing Examiner dated August 31, 2005.

Decision

The Swedish Medical First Hill Campus Major Institution Master Plan, including proposed rezones, is hereby adopted, subject to the attached conditions.

Dated this __________ day of _________________________, 2005. _______________________________ City Council President

CITY COUNCIL CONDITIONS TO THE SWEDISH FIRST HILL CAMPUS MAJOR INSTITUTION MASTER PLAN

C.F. 306755

Conditions Major Institution Master Plan

General Conditions

1. All Final Environmental Impact Statement ("FEIS") conditions and mitigating measures set forth in the Appendix to this attachment shall be implemented.

2. A standing Citizens Advisory Committee ("CAC") shall review and evaluate all proposed and potential projects prior to submission of a Master Use Permit application.

3. Prior to the approval of any Master Use Permit for construction of a Planned or Potential project as outlined in the Major Institution Master Plan ("MIMP"), the review of a proposed Wayfinding Plan by the standing CAC and approval of the Plan by the Department of Planning and Development ("DPD") shall occur. The plan shall address or include the following elements:

a. Signage and other measures to direct motor vehicles to parking locations in ways that minimize adverse impacts on the surrounding neighborhood;

b. Increased pedestrian safety and convenience;

c. A Traffic Management plan for the existing parking facilities, in particular to the Nordstrom Garage;

d. Improvements that promote better distribution and circulation to existing parking facilities;

e. How the location of the emergency access will impact traffic circulation;

f. Parking demand management programs to improve access and supply of parking throughout the campus;

g. Proposed improvements to rights-of-way that support better access to and within the campus; and

h. An analysis of current and proposed parking including the location of short and long term parking for visitors and staff.

4. The Design Guidelines included at Attachment A to the CAC report shall be an appendix to the MIMP. The Design Guidelines will be used by the standing CAC for evaluation and concurrence of all planned and potential projects outlined in the MIMP prior to the submission of an application for a Master Use Permit. In addition, the site-specific design guidelines recommended on pp. 8-12 of the CAC report shall be considered by the standing CAC in its review and comments on planned and potential projects.

5. Swedish Health Services ("Swedish") shall develop a Construction Management Plan to be reviewed and approved by the CAC prior to the approval of any planned or potential project discussed in the MIMP. This Plan should be designed to mitigate impacts of all planned and potential projects, to include mitigating measures to address the following:

a. Construction impacts due to noise;

b. Mitigation of traffic, transportation and parking impacts on arterial and surrounding neighborhoods;

c. Mitigation to impacts on pedestrian network; and

d. Mitigation of impacts if more than one project outlined in MIMP are under concurrent construction

Development Standards

6. Setbacks shall be provided along public rights-of-way as required by S.M.C. section 23.69.030.C.3.a. This code section requires that setbacks be no less than is required in the underlying zone or by setback requirements applicable to structures on abutting lots or structures directly across a street or alley from a structure in the MIO District, whichever is greater. Setbacks may vary from this requirement if any of the following occurs:

a. SMC 23.69.030 is amended to delete the minimum setback requirement along public rights-of-way, in which case the amendment will be applied to the Swedish Master Plan retroactively; or

b. DPD authorizes different setback requirements via an Administrative Conditional Use Permit approved as part of the Master Use Permit for a planned or potential project in the approved Master Plan.

In the event any of the above events occurs, the required setbacks shall be as follows:

I. Street-level setbacks shall be provided as shown in the approved Master Plan in Section 3 and Figure 3.2 (i.e., 10' or 5' setbacks on all Major Institution Overly (MIO) boundaries and no setbacks internal to the MIO District);

II. As generally depicted in Figures 2.13 and 2.17 of the MIMP, upper-level setbacks shall be provided for the tower portion of projects (above base structures) in MIO zones with height limits greater than 70' as determined by DPD in consultation with Swedish and the Standing Advisory Committee; provided that no setbacks shall preclude Swedish from achieving the minimum tower floor plates shown in Table A below in the absence of substantial and compelling reasons to protect the health and safety of the public.

Table A Minimum Required Floorplates for Tower Structures

Project A 14,000 GSF Project B 45,000 GSF Project C 45,000 GSF Project D 35,000 GSF Project E 30,000 GSF Project F 25,000 GSF Project G 30,000 GSF

7. Landscaped Areas and Plazas designated on the Open Space inventory on Page 51 of the MIMP shall be amended to require Landscaped Areas and Plazas as follows:

a. Increase required Open Space from 5% to 9.5%, or approximately 62,000 square feet;

b. Open Space areas shall include existing and proposed setback areas identified in the MIMP, to the extent that they meet the criteria in the proposed Design Guidelines;

c. Open Space should be provided in locations at ground level or, where feasible, in other spaces that are accessible to the general public;

d. The MIMP should be amended to include Exhibit 7, a map of future open spaces, which may be modified as long as the 9.5% figure is maintained;

e. To ensure that the 9.5% open space standard is implemented with the MIMP, each planned or potential project should identify an area that qualifies as Open Space as defined in this MIMP;

f. Open Space that is specifically designed for uses other than landscape or building setback area, such as plazas, patios or other similar functions, should include improvements to ensure that the space contains Usable Open Space as defined under S.M.C. section 23.84.028.

8. To mitigate the bulk and scale impacts that would result from the approval of the rezone request at the Columbia/Eklind Building site, an upper level setback as required by setback conditions in the Major Institution Master Plan is required.

9. To mitigate the bulk and scale impacts that would result from the approval of the rezone request at the Broadway Annex site, an upper level setback as required by setback conditions in the Major Institution Master Plan is required.

Conditions State Environmental Policy Act (SEPA)

10. Additional environmental review may be required for individual Master Use Permits per S.M.C. section 25.05.600 to disclose and mitigate site specific impacts of planned and potential projects.

11. An update to the wind study appendix should be provided for all planned and potential structures under the MIMP located along Minor, to determine what if any mitigation for wind impacts on pedestrians is required.

12. Swedish shall submit a Construction Management Plan to the Department of Planning and Development for concurrent review and approval with Seattle Department of Transportation to mitigate impacts associated with construction related impacts throughout the MIO. The plan shall identify management of construction activities including construction hours, noise, parking, traffic and issues concerning street and sidewalk closures. The plan will be required to be updated with each planned or potential project identified in the MIMP at the time of site specific SEPA review. (See also Major Institution Master Plan condition regarding Construction Management Plan, above,)

13. Implementation of all FEIS conditions concurrent with adjacent development (See Appendix).

APPENDIX FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) CONDITIONS

Mitigation of Long Term Impacts

EIS-1 Earth

Building owners are not required to bring older buildings up to current seismic standards unless there are substantial changes to the occupancy of the building or major renovations that extend the life of the structure. Swedish Medical Center, on a voluntary basis, is planning to demolish the higher seismic risk structures (those that do not currently meet life-safety level) and replace with state-ofthe-art facilities designed to current Seattle Building Code standards.

The replacement of the older structures will enhance structural and seismic safety by the following improvements:

* Replacing higher seismic risk structures with buildings built to current standards.

* Replacing structures that can not support the weight of modern diagnostic equipment and file storage systems.

* Replacing structures that do not have efficient floor plans for modern patient services.

* Develop a central plant and utility service tunnel that will be designed to the highest seismic safety level (operational level) to reduce loss of services during an earthquake. Since utilities are vital to continuing service in many of the structures and emergency services they will be designed as an essential facility. This level of design criteria is more stringent than building code requirements but for the reasons given above is thought to be an important improvement at minimal added construction costs.

* Older utility systems will be replaced with new services that are secured by better seismic bracing. This will reduce disruption to hospital services caused by breakage of piping. Reports from recent California earthquakes have shown that water damage alone has shut down and caused evacuation of major hospitals even in a moderate earthquake, at a time of great need.

EIS-2 Air

The identified air quality impacts appear likely to be adequately mitigated by compliance with existing, applicable Federal, State and Local regulations.

The predicted wind conditions for the area satisfy the RWDI pedestrian wind criteria. No mitigation measures are recommended. To further enhance the pedestrian wind conditions around the development, conceptual design guidance has been provided.

If any odor source is determined by the City at the time of project permit applications, then the City will consult with PSCAA to assure regulatory compliance.

Diesel exhaust impact mitigation, particularly associated with the proposed physical plant/materials management facility, will be implemented by Swedish to the extent possible, such as:

* When making construction contracts, require that contractors are at the least using ultra-low-sulfer-diesel (available in Puget Sound "biodiesel"), and ideally have equipment that has been retrofitted with diesel control technology.

* Ongoing anti-idling measures (with applications as simple as posted signboards) can be taken to reduce diesel particulate matter (DPM) near the loading docks.

* Maintaining contracts with operators who practice regular fleet maintenance will likely help to reduce DPM in the area.

EIS-3 Water See Utilities.

EIS-4 Energy

The Proposed Action and the alternatives would be required to incorporate requirements of the Seattle Energy Code intended to reduce energy consumption. Consumption measures would also result in energy savings.

EIS-5 Natural Resources

None are required. Swedish will continue its consumption reduction and recycling programs as well as consider applicable sustainable design criteria (including LEED and GGHC) with the Proposed Action.

EIS-6 Environmental Health/Noise

Hazardous Materials and Waste

* Continue to rigorously manage and comply with all applicable Federal, State, and local regulations for hazardous materials, spill response and waste management.

* Continue training and education programs for emergency response to hazardous materials and spill incidents with protocols for 1) recognition and information, 2) evaluation and safety, 3) control, 4) disposal and 5) record keeping and notification.

* Assemble and maintain Spill Response Cart with materials and supplies, personal protection equipment, and reference documents needed to respond to typical hazardous substance release.

* Continue to cooperate, participate in compliance inspections and report waste streams in the Dangerous Waste Annual Report (DWAR) as required by the Washington State Department of Ecology.

* Strive for high performance healthcare facilities as directed by the Green Guidelines for Healthcare Construction-GGHC (Draft Version 1.0 PC December 2003).

Asbestos

* Perform inspections and complete asbestos abatement consistent with state and PSCAA regulations.

Noise/Building Operation

* Comply with the requirements of the Seattle Municipal Code (SMC) Chapter 25.08 Noise Control.

* Prepare designs for all noise generating equipment for all buildings including the central plant to ensure compliance with SMC Chapter 25.08.

* Consider orienting loading areas, waste facilities, parking structures, away from residential receivers.

* Use acoustic barriers and other noise control measures to control rooftop equipment noise.

* Continue to implement policy of "shutting-down" emergency vehicles within two blocks of the hospital, except when prevented by safety and traffic conditions.

* Acoustical reprints will be completed with permit applications if any major noise operations are proposed.

EIS-7 Land Use/Plans

The First Hill Neighborhood Plan identifies the preference for ground floor uses that encourage pedestrian activity. Land use impacts of

the Proposed Action may be mitigated by including such amenities that serve the needs of the campus and the community, such as restaurants and convenience retail.

Swedish should coordinate with the ongoing First Hill park planning of the Seattle Parks and Recreation Department. Campus open space, landscaping and other pedestrian amenities should be planned within the neighborhood context.

The proposed development standards of the master plan would mitigate land use impacts.

EIS-8 Population/Employment

Employment population impacts could be mitigated by varying shift schedules where possible, to prevent all employees from arriving or departing at similar times. Encouraging retail uses to have longer or later hours would vary the timing of retail employees arriving and departing work and would give all visitors and employees reason to lengthen their stay on campus.

EIS-9 Housing

Impacts to neighboring residents could be mitigated by including retail amenities on the ground floor of new, non-hospital projects particularly along Madison Street. This would address the goals of the neighborhood plan, encourage pedestrian traffic and provide new retail options for local residents. The P1 pedestrian overlay zone along Madison requires street-level uses including retail, eating/drinking, customer service office, entertainment, etc. Swedish proposes to meet the P1 zone requirements to mitigate impacts and reinforce the intended pedestrian oriented streetscape.

EIS-10 Light Glare Shadows

* Shield exterior lighting fixtures and direct site security lighting away from any nearby residential or other sensitive receivers.

* Utilize low-reflectivity building glazing and building materials throughout the campus.

* Install screening or shielding to minimize spillover lighting impacts, particularly across from sensitive receivers.

* Provide landscape features and street trees to diffuse or obscure direct light and glare impacts.

* Use materials and surface design details to minimize glare impacts, including skybridges crossing over streets.

* Consider timers and other lighting controls to minimize spillover illumination impacts and generally reduce ambient light levels.

* Include pedestrian oriented lighting for safety along sidewalks, parking areas, street crossings, and building access points.

EIS-11 Aesthetics

Proposed mitigation may include:

* Architectural designs that use scale-reducing techniques such as detailing, modulation, material changes, and fenestration, particularly at the corners of Broadway at James and at Cherry.

* Modified ground-level building configurations, facade alignments, massing and architectural detailing and landscape pockets, for project A along Madison/Minor and for Project D along the Broadway/James frontages to reduce apparent bulk and improve the campus edge transition.

* Pedestrian level building and streetscape improvements that enhance the pedestrian experience, safety and appearance.

* Artworks, lighting, signage, landscaping and other graphics that reduce apparent building scale and bulk.

* Compliance with the pedestrian zone overlay requirements along the campus Madison Street frontage.

* Test buildings that are less than the maximum allowed building envelope when specific projects are proposed.

* Streetscape designs for the Minor and Madison corridors that create inviting pedestrian gateways to the campus at major arterial intersections, with signage, landscaping, lighting and other improvements.

* Light and transparent design of pedestrian skybridges to minimize visual and other impacts upon the streetscape.

* A standing Citizen Advisory Committee to review and comment on specific project designs during the MUP process.

EIS-12 Historic Preservation

None proposed

EIS-13 Transportation and Parking

The Proposed Action and the two build alternatives are expected to result in a proportional impact on overall traffic operations at study intersections and roadways near the project site. Traffic operations would continue to degrade at the primary access points to I-5 from pre-existing LOS E and F conditions, including the 7th Avenue and 6th Avenue intersections on James Street, with or without the Proposed Action. SDOT is undertaking a study of the James Street corridor to identify potential measures to improve traffic flow and safety. Potential measures that may be examined in the study include improvements to signal timing along the corridor and possible restrictions on left turns at the 7th Avenue intersection.

Other study intersections are expected to operate at LOS D or better with the Proposed Action. As a result, no intersection-specific mitigation measures are identified to mitigate project impacts.

Site-specific measures to mitigate impacts may include the following:

* Remove on-street parking on one side of Marion Street and Minor Avenue within the project site.

* Limiting on-street parking to one side of the street will provide adequate lane widths for opposing vehicles to pass within the existing 30-foot street widths. The proposed parking garages would have sufficient capacity to accommodate the displaced parking.

* Improve operations at the Nordstrom Garage access on Madison Street to avoid impacting traffic flow at the Madison Street / Summit Avenue intersection. Potential improvements include: Enhanced way-finding signing to other on-site garage locations t o reduce demand at the Nordstrom Garage including directing hospital visitors to the Broadway garage; Allow pre-paying parking tickets before returning to cars in the garage to enable faster exiting; Provide an express exit for valet operations so they would not be subject to waiting in line with other exiting vehicles; Increased staffing during periods of peak demand on weekdays; Provide multiple reversible entry and exit lanes corresponding with peak flows; Improve visibility and use of the existing Boylston Avenue garage entry/exit; have garage users pay their parking fees at a central location before returning to their cars in order to reduce delays at the garage exit lanes; provide a separate exit line for monthly parking card holders; and consider directing only visitors of the Nordstrom and Arnold Buildings to this garage.

* Explore a full range of Madison/Summit access improvements, including garage changes, external changes, and programmatic changes.

* Implement a comprehensive campus wayfinding plan. Traffic management and pedestrian access should be addressed. Directing and parking cars and pedestrian convenience and safety may be improved by physical and operational actions. Phased implementation would occur with each building project contributing to the comprehensive campus improvement.

EIS-14 Transportation Management Program

Modifications to the current Transportation Management Program (TMP) are proposed to enhance the existing TMP in order to reduce the number of vehicle trips to and from the project site. The proposed TMP is described in detail in the Draft Major Institution Master Plan document. The major changes proposed in the TMP include:

* Fully subsidized transit passes

* Fully subsidized ferry walk-on

* Annual renewal of SOV permit rate

* Discount of at least 80% per person per month for carpool permit

* Fully subsidized vanpool parking

* Bike parks, lockers, showers provided

* Guaranteed ride home benefit

* Accommodate telecommuting where applicable

EIS-15 Public Services

None appear necessary except continued implementation of safety programs and coordination with SPD and SFD. Swedish proposes to work with the Seattle Parks and Recreation Department to assure coordination of campus open space with the on-going First Hill park planning

EIS-16 Utilities

Increase waste minimization and recycling programs through aggressive application of the Swedish waste management program. Current recycling is at about 27% of the solid waste. The 2004 goal is 33% although Swedish is projected to achieve 30%. The year 2010 goal is 50% recycling. Minimization programs are also operational for hazardous and biological wastes/dangerous wastes (see hazardous materials and wastes section).

Swedish would be responsible for utility relocations associated with the proposed alley vacation.

Swedish will continue with other conservation measures to reduce utility consumption.

Swedish will work with Seattle Public Utilities in the design of service improvements to mitigate capacity impacts.

Mitigation of Short Term Impacts

EIS-17 Earth

Mitigating measures would be consistent with City of Seattle Construction Stormwater Control Technical Requirements Manual (DR 162000), including:

* Temporary sediment catchment basins would be constructed near site drainage exit points to catch sediment runoff.

* Construction would be done during the drier parts of the year, when possible, and disturbed area would be re-paved or re-planted as soon as possible.

* Conduct further geotechnical investigations as part of project design to engineer the appropriate demolition, excavation and shoring techniques.

* Silt fences would be placed at the lower side of construction sites to reduce the amount of sediment transport.

* When possible, construction vehicle wheels would be washed before leaving the site to minimize the amount of soil tracked on to nearby streets.

* Cover truck loads when possible, to minimize spillage and wind blown dust.

* Streets impacted by construction traffic would be cleaned regularly by the contractor.

* Identify material disposal sites and coordinate route planning with SDOT, SPD, and SFD.

* Post construction conditions on site.

EIS-18 Air

Short-term air impacts can be effectively mitigated by Swedish compliance with The Puget Sound Clean Air Agency's (PSCAA) Regulation I, Section 9.15 regarding reasonable precautions to avoid fugitive dust and odor emissions such as washing of truck wheels and frames prior to travel on public streets, wetting of exposed soils and debris, and prompt clean-up of any spilled materials tracked on to public streets. Efforts will also be taken to minimize diesel exhaust fumes from construction equipment and vehicles. "Biodiesel" fuel use will be encouraged.

EIS-19 Environmental Health/Noise and Vibration

Construction

* Comply with the requirements of the Seattle Municipal Code (SMC) Chapter 25.08 Noise Control.

* Implement a construction noise monitoring program.

* Publish a periodical news letter to share construction news and noise monitoring results.

* To the extent possible, re-route construction truck traffic away from residential areas.

* To the extent feasible, noise from the site will be reduced through the use of temporary walls or other sound barriers.

* Locate noisy equipment on site as far away from noise-sensitive receivers as possible.

* Combine noise operations in the same time period. The overall noise produced will not be significantly higher than the level produces by the individual operations.

* To the extent possible, avoid noise generating construction activities at night.

* Consider mixing concrete off site and consider prefabricated building components.

* Turn off all unnecessary idling equipment

* Use electric rather than diesel equipment where possible.

* Avoid impact pile driving. Drilled piles or the use of a sonic or vibratory pile driver are quieter alternatives.

* Use specially quieted equipment, such as quieted and enclosed air compressors and power generators,

* Use efficient mufflers on all engines.

* Select quieter demolition methods, where possible. For example, sawing slabs into sections that can be loaded on trucks is a quieter process than demolition by pavement breakers.

* Equip portable pneumatic drills and pavement breakers with exhaust mufflers, when possible.

EIS-20 Transportation and Parking

The following measures could serve to reduce traffic impacts during construction of the Master Plan projects:

* Construction Traffic Management Plans should be developed for each development phase in coordination with the Seattle Department of Transportation. The objective of the plans would be to ensure that movement of construction workers, equipment, and materials to and from the site is done in a safe and efficient manner and to minimize potential disruptions to background traffic and pedestrians. Multiple, concurrent First Hill projects should consider coordinated mitigation.

* Lane closures should be minimized on Madison Street, Broadway, James Street, and Boren Avenue in order to avoid disruption on the heavily traveled arterial streets.

* When possible, construction trucks should be staged within the construction site.

* Safe pedestrian and vehicular circulation should be maintained adjacent to the construction site through the use of temporary walkways, signs, and manual traffic control.

* Construction material deliveries should be scheduled and coordinated to and from the site to minimize congestion during peak travel times.

* Provide designated parking areas for construction worker parking in order to minimize impacts to other parking facilities in and around the site and to minimize unnecessary circulation associated with searching for parking. On-site and off-site parking arrangements for construction parking should focus on facilities with existing unused capacity in order to minimize displacement of existing parking.

* Phase development to minimize temporary decreases in parking supply during construction. Development could be phased to construct elements or phases of the Master Plan that provide additional parking supply

EIS-21 Public Services and Utilities

* Coordinate with utility providers to minimize shutdown frequency and duration.

* Coordinate construction disruption to traffic, access, or safety with SPD and SFD

* Develop projects to minimize interference with existing utilities.

* Notify neighbors of impending shutdowns.

* Make utility connections at times that least impact neighbors.

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