A recent article in the Daily Journal of Commerce described the projects occurring along the Puget Sound Shores:

Tacoma

The city of Tacoma successfully reclaimed Fort Wells, a former Superfund site. The waterfront development underwent an extensive cleaning and remediation effort. The area now supports water-dependent and water-oriented uses including maritime business, education and recreation facilities, residential buildings, museums, and retail and commercial buildings. The increased use of the area both ensures that members of the public can enjoy the waterfront, and helps offset the high costs of cleanup and restoration.

The Center for Urban Waters is on target to become Tacoma’s first LEED platinum building. The 50,000 square foot, $23 million environmental lab and research facility opened last spring and is the first new project on the east side of the Foss Waterway.

The building acts as a hub for research on urban waterfronts, houses offices and labs for the city’s Environmental Services science and engineering group, and houses both the University of Washington’s Environmental Studies group and the Puget Sound Partnership. The Puget Sound Partnership is the state-sponsored group charged with developing a long term plan to clean up the Puget Sound.

The building has numerous sustainable features and a goal of achieving “net zero” energy use. The building minimizes runoff and filters water with rain gardens, a green roof and ground level cisterns. These on-site water treatment systems provide up to 50 percent of the building’s water for toilets, and 100 percent of the building’s water for irrigation. The porous pavement on the public walkway allows water to filter into the earth. Several intact dead trees were placed to attract migratory birds to the area. There were also trees placed in the water to provide habitat for marine mammals and fish.

Port Townsend

The Northwest Maritime Center recently made its debut in Port Townsend. The building, which was 15 years in the making, serves as the new home for the Wooden Boat Foundation and as the center for maritime education and the craft of wooden boats. The two-building, 27,000 square foot, $12 million project is the first LEED gold building on the Olympic Peninsula.

The site had a long history of industrial use. It was originally the home of a sawmill, and was later used as an oil terminal and tank farm for decades. Cleanup of the site included removal of over 2,400 tons of contaminated soil.

Over 60 percent of the site is open to the building, in an effort to provide the public with the opportunity to enjoy the shoreline. The new dock also provides moorage for large visiting vessels. The unique heating system uses the temperature differential between nearby seawater and ambient air instead of a traditional gas heat pump. Water source heat exchanger plates were installed under the new pier to use the temperature of the Puget Sound to efficiently heat and cool the two buildings.

The buildings include sustainably harvested woods throughout the structure. The new dock includes stainless-steel panels that reflect sunlight back into the water, which helps migrating and juvenile fish. Over 3,000 square feet of eelgrass was planted to provide nursery grounds and protection for fish, shellfish and marine mammals.

Point Wells 

Just north of Richmond Beach, the 61-acre, $1 billion Point Wells project is the most ambitious waterfront development in the making. Once completed, the project could add up to 4,500 new residents over a 20-year period. This would more than double the population of Richmond Beach.

The project site, which is currently inaccessible to the public, served as an oil tank farm for decades. The site, however, has great potential with a shoreline that stretches three quarters of a mile. Environmental cleanup and shoreline and habitat restoration is estimated to cost $20 to $30 million.

Construction of the project, which could begin as early as 2016, is expected to occur over a 15 to 20 year period. It may add up to 3 million square feet of mixed use buildings. The developer has planned several amenities for residents and guests, including a community center, a boardwalk and bike trail, a public transportation hub (including a Sounder station), a large beach plaza, amphitheater, p-patch opportunities and abundant open space and wetlands.

The sustainable features will include on-site sewage treatment and construction of a biomass plant fueled by agricultural waste brought in via train. The wastewater management system will also include a water system to collect rainwater to use for toilets and irrigations. The site aims for a 96 percent carbon emission reduction, from 1,100 tons per year to 25 tons per year.

These three projects are examples of the transformation of the Puget Sound shoreline that will continue for years into the future to help reclaim urban shorelines and provide a healthy, sustainable urban environment.

Recently, a nearby building owner filed an administrative appeal challenging the Cascadia Center because the project’s developer did not prepare an Environment Impact Statement ("EIS") under the State Environmental Policy Act (Chapter 43.21C RCW, "SEPA"). The building owner (whose building's views would be blocked) argues that an EIS is required because of the purported environmental impacts by the departures to the land use code provided in the City’s design review process and provided in the City’s Living Building Pilot Ordinance (now codified at SMC 23.40.060). The departures were needed to design the building to meet Living Building certification standards. Because of the building owner's collateral attack, the project is now stalled in litigation for the foreseeable future.

Ironically, one of the largest barriers to innovative sustainable development is the State Environmental Policy Act, a law originally intended to be a protective shield for the environment.

Generally, development projects that do not meet a City's SEPA threshold exemptions are subject to the SEPA review process, which may or may not include the preparation of an EIS (which, is costly to prepare and takes many months or even years to complete). As demonstrated by the Cascadia Center, the SEPA review process is vulnerable to legal appeals, providing a tremendous amount of uncertainty for urban development, especially innovative sustainable development that may require departures from established code requirements. Regardless of SEPA's initial environmental intentions, in reality, the SEPA process increases the uncertainty and cost of urban development, providing a disincentive for innovative sustainable development.

To encourage urban development, the Washington Legislature has amended SEPA to dispense qualifying projects from SEPA review at the project level if a non-project EIS has been previously completed at the planning level. This is what many call "upfront SEPA," and several cities in Washington State have effectively used upfront SEPA to encourage urban development. Washington State has authorized several forms of upfront SEPA, including planned actions, optional local infill exemptions (RCW 43.21C.229; WAC 197-11-800(1)), utilization of regulatory requirements in lieu of SEPA review, and RCW 43.21C.420. The City of Seattle did not complete a non-project EIS for the Cascadia Center project area, and, as a result, the Cascadia Center remained vulnerable to SEPA-based appeals.

The Cascadia Center's legal woes demonstrate that sustainable development remains vulnerable to SEPA-based legal challenges. It is likely that sustainable development will remain vulnerable to “environmentally-based” challenges unless cities complete upfront SEPA or SEPA itself is dramatically amended. Until then, sustainable developers should consult with a SEPA attorney to develop a strategic plan to minimize the cost and delay of defending their project should a SEPA-based challenge arise.

Cascadia Center Details:

Project owner: Bullitt Foundation
Project developer: Point32
Architect: Miller Hull
 

Retired General Colin Powell was the keynote speaker for Greenbuild, speaking on the necessity for passion and optimism in effective leadership.  Other speakers included USGBC President, CEO, and founding chair Rick Federizzi, Chicago's mayor, Richard M. Daley, and other government and industry speakers.  The conference showcased hundreds of new eco-friendly products and options, from a "smog eating" roofing tile manufactured by MonierLifetile LLC to a Caroma dual flush toilet that includes a hand basin on its top, allowing users to wash their hands in clean water that is immediately recycled to the toilet tank below for the next flush.

USGBC also announced two new green building rating systems, LEED for Healthcare and LEED for retail, along with the LEED Volume Program, designed to meet the certification needs of high-volume property developers, in anticipation of more robust building times ahead.  For more information, visit www.usgbc.org/leed.

Meanwhile, on October 8, 2010, Henry Gifford of Gifford Fuel Saving, Inc., filed a class action lawsuit against USGBC in federal court in New York City.  The lawsuit alleges that USGBC committed fraud and false advertising when it claimed LEED certified buildings save more energy than non-certified buildings.  The suit relies heavily on a study commissioned by USBGC and performed by the New Buildings Institute in March, 2008.  Based on this study, USGBC announced in April, 2008, that LEED certifed buildings were 25-30% more energy efficient than non-LEED buildings.  The suit claims the study and press release are misleading and points to Gifford's critique of the study, published in 2008, that concludes LEED buildings are, on average, 29 % less efficient.   USGBC's answer is due to be filed by December 28.  Commentators have questioned the validity of the lawsuit, although, as previously pointed out in this blog, USGBC has been responding to criticisms that its rating system does not measure actual energy performance of a particular building.

More to come on both fronts, stay tuned!

Here are a few upcoming events:

Selling NW Energy Star for New Homes: July 14, 10:00am – 1:00pm (online)
Are you prepared to explain the differences between energy efficient homes and standard code built homes to potential homebuyers? Attend this free webinar to learn how to leverage green built homes and answer customer questions about comfort, savings, energy efficiency, and more. Approved for 3 CEUs for Washington Realtors.

The Carbon Series: July 14-16, 9:00am – 4:00pm (Seattle, WA)
A series of workshops on climate policy and carbon footprints intended for public- and private-sector staff who must conduct a GHG inventory, prepare their organizations for mandatory state-level reporting, or work to develop strategies to respond to climate change legislation and energy policies. Register for one, two or all three days. Reduced rates are available to employees of Native American tribes; government agencies and nonprofits; students; and NAEP, NEBC, and NWAEP members.

7^th Annual Solar Fest: July 16-17 (Shoreline Community College, WA)
The Fair began in 2004 to celebrate the first solar installation on a public school in Shoreline and to help people make informed decisions regarding their use of resources including energy, transportation, and food. Showcased are organizations and businesses that apply concepts of conservation and sustainability in their business models and practices. This is the longest running event of its kind in the Puget Sound region. Opening night Friday July 16 with keynote speaker, auction benefit and reception. Fair Saturday July 17, 10:00am – 8:00pm.

July Eco-Hour hosted by EcoFab: July 22, 5:00pm – 7:30pm (Seattle, WA)
Enjoy cocktails and hors d’oeuvres at Eco-Fab’s new home in the McKinstry Innovation Center. Located near McKinstry’s Georgetown campus, the Center is where new and emerging companies come together under one roof to foster the advancement of clean, green energy technologies. Learn more about our host company, EcoFab, a social enterprise  providing development and energy conservation services for sustainable homes and neighborhoods.

Introduction to Built Green^®: August 10, 8:00am – 10:00am (Bellevue, WA)
Thinking about joining Built Green^®? Attend this two-hour introduction to the program to answer questions such as: How do I certify a project? How does the program work? Why should I become a member?

Greenbuild 2010: November 17-19 (Chicago, IL)
Greenbuild attracts professionals from all aspects of the building industry. Architects, building owners, code officials, contractors, developers, educators, engineers, facility managers, financial service providers, government agencies, green power providers, home builders, interior designers, landscape architects, nonprofit organizations, product manufacturers, schools, universities, students, and urban planners will all be at the conference to share ideas and promote greener building. Greenbuild includes over 100 educational sessions featuring world renown speakers, LEED workshops, off-site educational sessions, and Green Building tours of local sites. Past speakers include Archbishop Desmond Tutu, President Bill Clinton, Paul Hawken and David Suzuki.

Bastyr and its general contractor, Shuchart Corporation, went through many steps to reach Platinum status. Energy efficient construction was used throughout the project, including high r-value insulation, energy efficient and long lasting fiberglass windows with ultra high performance glass, and radiant floor heating with super high efficiency gas boilers. Energy efficient light fixtures, appliances, and plumbing fixtures were used throughout the project and harvested rain water will be used throughout the complex for non-drinking purposes.

During construction, the contractor was able to recycle a remarkable 96 percent of the construction waste, primarily through training of subcontractors, critical layout of recycling containers, and proactive arrangements with local facilities for recycling of materials. Benches and other items were made form scraps and leftovers, and some chairs and benches were made from the webbing of old car seat belts.

Outside, buildings are connected by a series of garden paths, courtyards, and outdoor living spaces carefully designed to be energy efficient and mitigate the impact on the local environment. Ample bike storage promotes students' use of their bikes for transportation and an extensive bioswale and sediment pond system treats recovered surface water before releasing it back slowly into neighboring wetlands.

Bastyr utilized a LEED consultant for the project, Seattle’s O’Brien and Company, and early on in the project applied for and received a grant from the King County LEED Grants Program. This program is part of the county’s “Green Tools” program to encourage sustainable building outside the city of Seattle.

Bastyr University is proud of its sparkling new sustainable building. Its president, Daniel K. Church, said: “Providing students with eco-friendly, on-campus housing is a significant milestone in furthering our mission to enhance the health and well-being of the human community.”

Go on line to compare and find out!

The American Institute of Architects is keeping score, globally now, and updates a Letterman-like TOP 10 Greenest Buildings list.  So far for 2010 the top entries include projects from several US states and other countries.  Alas there are no entries this year (yet!) from Washington state but our neighbors in Oregon are in contention with the Twelve/West tower project that is expected to be LEED Platinum and should provide its owners energy savings of 45% over a comparable building.

Ironic to some, the AIA's Top 10 list also includes a gorgeous entry from Saudi Arabia, the King Abdullah University of Science and Technology .  It is the Saudis first LEED project and the planet's biggest LEED Platinum building. 

To students of history this should come as no surprise because if you have ever read about or seen the Alhambra or the Mezquita in Spain, you know that for centuries middle eastern developers have greatly prized architectural designs that incorporated greenery and water features for the reasons many do now...because the shade and water cool the air making buildings more livable, not to mention more desirable and valuable.    

Many  lawyers cannot help but dwell on the liability of developer, designer and builder clients that fail to achieve LEED certification or comply with energy standards or codes.  To place this modern liability in a less onerous context, ponder the fate incurred by Moorish designers and builders who failed to meet the Caliph's or Sultan's personal green standards. 

More on modern green liability next time (without the curved swords).