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HomeMy WebLinkAboutSWP272171(33) CITY OF RENTON, WASHINGTON RESOLUTION NO. 2894 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, URGING THE ARMY CORPS OF ENGINEERS TO TREAT THE LOTS IN THE BURLINGTON NORTHERN PLAT AS INDIVIDUAL DEVELOPABLE PARCELS FOR PURPOSES FOR NATIONAL PERMIT 26 (NPW 26) . WHEREAS, the Burlington Northern Railroad Company or one of its subsidiaries did plat a substantial area within the City of Renton, Washington, in approximately 1978; and WHEREAS, much of that property had been filled in the preceding two years; and WHEREAS, new wetlands have begun to appear on top of the impervious fill deposited many years ago; and WHEREAS, these new wetlands are a low function and low value; and WHEREAS, the City of Renton has been approached with a proposal to dedicate remaining high value wetlands to the City in exchange for authorization to fill certain low value, low function wetlands; and WHEREAS, the City of Renton has an ordinance regulating the filling of wetlands including the purpose of having no net loss of wetlands and would apply that ordinance to these properties; and WHEREAS, the City of Renton has multiple uses for the land which has been proposed for dedication, including creation of a wetlands bank, use as passive recreation and open space land, enhancement of wetlands , use as storage of surface water runoff and consolidation with wetlands already owned by the City; and 1 RESOLUTION NO. 2894 WHEREAS, the dedication of this land to the City is conditioned upon a favorable ruling by the Corps of Engineers that the platted lots will be individually eligible for national permits under NPW 26; and WHEREAS, the City of Renton has treated these platted lots as individual lots for development purposes and a number of the lots have been developed; and WHEREAS, the Corps of Engineers has previously allowed development of an individual lot of this plat under a national permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS : 1 . The above recitals are found to be true and correct in all respects . 2 . The City Council of the City of Renton urges the Army Corps of Engineers to determine that the platted lots of the Burlington Northern plat are individually eligible for national permits under NPW 26 . PASSED BY THE CITY COUNCIL this 13th day of April 1992 . Marilyn etersen, City Clerk APPROVED BY THE MAYOR this 13th day of April , 1992 . )Erl-Clymer, f ayor 2 RESOLUTION NO. 2894 Approv s to r Lawrence J. Warren, City Attorney RES . 204 : 4/14/92 :as . 3 The City of Renton A: 200 Mill Avenue South Renton, Washington 98055 Phone: 235-2501 Fax: 235-2513 FAX TRANSMITTAL Date: q To: -� From. � h Subject: Number of pages excluding cover sheet: L- ------------------------------------------------------------------------------------- BILLING INFORMATION Please remit $ for pages. Payable to: City of Renton Charges: $ 5.00 minimum c/o City Clerk $ 1.00 per page 200 Mill Avenue South $ 10.00 out of state (additional) Renton, Washington 98055 Ten page limit NTON PLANNING COMMISSION PUBLIC HEARING MEETING OCTOBER 13, 1976 MINUTES COMMISSION MEMBERS PRESENT ; Logan Garrison , Sandra Gist , Clark eegar en , Joan Walker , Bylund Wik . COMMISSION MEMBERS ABSENT : Anthone Mola , Arthur Scholes . PRESS ; Don Smith , Renton Record Chronicle . CITY STAFF PRESENT : Gordon Ericksen , Planning Director ; Michael Smith , Associate Planner ; Willis Roberts , Recording Secretary . 1 . CALL TO ORDER : The meeting was called to order by Chairman Garrison at 8 : 05 p . m . He then led the Pledge of Allegiance and opened the meeting . 2. ROLL CALL was taken by Secretary Gist . All members with the exception of Mola ( other commitment ) and Scholes (other commitment ) responded present . IT WAS THEN MOVED BY WIK , SECONDED BY WALKER , THAT THE ABSENT COMMISSIONERS BE EXCUSED . MOTION CARRIED . 3• OLD BUSINESS : f SPECIAL PERMIT : ` A, GLACIER PARK CO . ; Appl . No . SP-822-75 ; Special Permit to Fill and Grade in M-P/B Zone ; property located south of existing Mobil and Olympic Petroleum Distribution Facilities , north of S . W . 43rd St . , and westerly of East Valley Road . The item was opened for consideration by the Chairman , who requested a briefing from the Planning Director . Mr. Ericksen noted continuation of the application , pointed out the areas involved on the vicinity map , and indicated which portions of the property had already been filled . Slides taken since the filling of phase one were then viewed , and the following items were discussed : location and sizes of parcels remaining to be filled , the amount and source of fill material involved , the area already filled in accordance with earlier Commission approval , zoning and Comprehensive Plan designations for the area , proposed setbacks from Springbrook Creek , proposed preservation of trees in certain locations , and preservation of greenbelts . Comment from the applicant was then invited by the Chairman . J . J . Gordon , Manager , Property Management , .Glacier Park Company , indicated that revised figures relating to quanti - ties of fill had been submitted to the Special Studies Com- mittee . These revisions were due in part to allowances not having been made for greenbelt and roadway areas and settling characteristics of fill material . Mr . Gordon then reviewed the new figures and noted fill locations on a map . He dis- cussed provisions for greenbelt areas , platting and develop- ment of the property , dedication of parcels , and rehabili - tation of the pit from which the fill material is being obtained . Mr . Gordon then responded to questions regarding the location of areas to be filled , areas to be platted , and areas to be preserved . With regard to greenbelt areas , Mr . Gordon indicated that 60 feet on either side of Springbrook Creek would be excepted from the fill , which would include some trees for preservation , and reaffirmed their request for approval on a basis similar to their rezone application to allow filling of the area with the exception of the twenty acres to be donated by the Company and the 39 acres on which the City has an option for purchase . r Renton Planning Commi 's in Meting October 13 , 1976 Page Two With regard to marketing and development plans , Don Cowles , ( Manager , Industrial Development , Glacier Park Company , dis- cussed their program for 1977 as it relates to funding , posi - ble purchasers , support services for the industrial park , and proposed uses . He then responded to questions from the Com- mission concerning the anticipated time-table for development , noting that it will still take approximately twenty years to develop the property . The Chairman then called for the committee report . Commissioner Wik , Chairman of the Special Studies Committee , noted several meetings with Glacier Park representatives . He indicated the committee ' s concern regarding prematurely filled land but stated that me-mbers are convinced that the applicant is in a situation where the owners have to get the land filled to a marketable state . The Committee , therefore , recommends approval of the request subject to exclusion from filling of the twenty acre wetland donation area , the 39 acres optional wetland area , the proposed P- 1 drainage channel area , and the Springbrook Creek including preservation of greenbelt area 60 feet from the centerline on both sides . Further conditions were recommended regarding preservation of large trees and other vegetation , operational conditions , progression of areas to be filled , and submittal of a preliminary plat . Audience comments in favor or in opposition were invited by the Chairman , but none were offered . The matter was then opened to the Commission for discussion . jThe following items were considered : the committee recom- imendation regarding platting and the advisability of filling , remaining portions of the site at this time . Mr . Cowles re- Esponded regarding the economic factors , the availability of ifill material and King County requirements , and "the desirabil - ity of platting the property at this time . There was further discussion regarding preservation of the 39 acres optional wetland area and the salability of property in unfilled and filled states . IT WAS THEN MOVED BY WIK , SECONDED BY WALKER , THAT THE PUBLIC HEARING BE CLOSED . MOTION CARRIED . The following action ensued : ACTION: MOVED BY WIK, SECONDED BY WALKER , THAT THE COMMISSION CONCURS IN THE COMMITTEE REPORT CONCERNING THE GLACIER PARK COMPANY SPECIAL PERMIT APPLICATION SUBJECT TO CONDITIONS AS RECOM- MENDED: THE SPECIAL STUDIES COMMITTEE RECOMMENDS APPROVAL OF THE REMAINING FILL REQUEST AS INDICATED ON THE MAP LABELED EXHIBIT D, TOGETHER WITH THE REVISED DRAINAGE PLAN INDICATED AS EXHIBIT E WHICH EXCLUDES FROM FILLING THE TWENTY ACRE WETLAND DONATION AREA , THE 39 ACRES OPTIONAL WETLAND AREA , THE PROPOSED P-1 DRAINAGE CHANNEL AREA , AND THE SPRINGBROOK CREEK INCLUDING THE PRESERVATION OF THE GREENBELT AREA 60 ' FROM THE CENTERLINE AND ON BOTH SIDES OF THE CREEK. THE LARGE TREES AND OTHER VEGETATION WITHIN THIS AREA SHALL BE PRESERVED . APPROVAL SHALL BE FURTHER SUBJECT TO: 1 . THE OPERATIONAL CONDITIONS LISTED IN PHASE I APPROVAL . 2 . PHASE V (AREA #6 ON EXHIBIT D) SHALL BE FILLED LAST, RELATIVE TO THE ENTIRE FILL OPERATION . FILL OF THIS AREA SHALL BEGIN FROM THE SOUTH AND PROGRESS NORTH- WARD TO THE SOUTHERLY BOUNDARY OF THE 39 ACRE OPTIONAL WETLAND AREA . 'Renton Planning Commission Meeting October 13 , 1976 Page Three 3 . A PRELIMINARY PLAT OF THE AREA SHALL BE SUBMITTED WITHIN SIX MONTHS FROM THE DATE OF THIS APPROVAL r OR SAID APPROVAL SHALL EXPIRE. f r Discussion among the Commissioners followed , and Commis- sioner Gist suggested another condition pertaining to the 39 acres parcel as follows : 4. THAT THE CITY'S OPTION TO PURCHASE THE 39 ACRES PARCEL RECOMMENDED FOR PRESERVATION FOR WILDLIFE HABITAT REMAIN OPEN ON A YEAR TO YEAR BASIS UNTIL SUCH TIME AS THE APPLICANT HAS USE FOR THE PROP- ERTY. Further discussion followed in which it was noted that the applicant has already indicated no objection to the condition as stated . It was then agreed by Commissioners Wik and Walker that the condition be included in their motion . On the motion , a roll call vote was requested with the fol - lowing results : GIST - AYE TEEGARDEN - NO WALKER - AYE WIK - AYE MOTION CARRIED. A recess was declared at 9 : 20 p . m. The meeting was resumed at 9 : 30- p . m. with all members noted above in attendance . WAIVER OF OFF—SITE IMPROVEMENTS : $, JOHN B . WEERS ; Appl . No . W-881-76 ; Application for Waiver of Off- site Improvements for a Three Lot Short Plat ; property located on the southwest corner of N . E . 12th St . and Aberdeen Ave . N . E . ; the east 230 ' of Tract 26 . The item was presented for consideration . The Planning Director and Associate Planner noted continuation from the previous hearing and described the location of the site , proposed subdivision of the property , and the character of the neighborhood . Attention was brought to the other request for waiver of off-site improvements in the same area to be considered this evening . Comments from the applicant were invited by the Chairman . John Weers , owner of the property , stated that he did not object to improvements in an area but noted the absence of similar development in the neighborhood . He also inquired about the effect of the installation of curbs on drainage . Mr. Ericksen read a communication from the Design Engineer of the Public Works Department rela �ive to th- drainage pattern in the area . Questions of the Planning Director concerning drainage followed . A review of existing off-site improvements in the area was given by Associate Planner Smith . i The Chairman called for the committee report , Commissioner Wik , Chairman of the Special Studies Committee , noting a study of potential subdivision development in the area , the availability of grades along Aberdeen Ave . N . E . and I Renton Planning Commission Meeting October 13 , 1976 Page Four N . E . 12th St . , and the desirabili * y of establishing a trend for off-site improvements , reported that the committee recommends denial of the request . Audience comments in favor of the application were invited by the Chairman . Vickie Olson , 1209 Aberdeen Ave . N . E . , indicated that she and her husband , David Olson , have applied for a similar waiver for property across the street from Mr . Weers . She described lack of existing off-site improvements in the neighborhood and noted the half-street in front of the property . Speaking in favor of the application , she asked for a review of the subdividable properties in the vicinity . These areas were noted by Associate Planner Smith . Discussion among the Commissioners ensued relative to right- of-way widths on N . E . 12th and Aberdeen Ave . N . E . , the pur- pose of off-site improvements , and the timeliness of estab- lishing them in the area . The probable inclusion of addi - tional road paving was also considered . Further audience comment was invited . Noting none , IT WAS MOVED BY WIK , SECONDED BY GIST , THAT THE PUBLIC HEARING BE CLOSED . MOTION CARRIED . Further Commission discussion followed , with special concern regarding the widening of the street , possible need for fur- ther study , and the appropriateness of requiring off-street improvements at this time . Responding to inquiries regard- ing their time schedules for construction , Mr . Weers indica- ted he intended to build next spring and Mrs . Olson advised that they are ready to build immediately . It was moved by Walker to continue the hearing and refer the matter back to committee . As no second was offered , IT WAS ACTION: MOVED BY TEEGARDEN, SECONDED BY WIK, THAT JOHN B . WEERS BE GRANTED AN INDEFINITE DEFERRAL SUBJECT TO FILING OF RE- STRICTIVE COVENANTS REQUIRING PARTICIPATION IN A FUTURE L. I .D. FOR SUCH IMPROVEMENTS . MOTION CARRIED . 4 • NEW BUSINESS : VARIANCE FROM THE SHORELINE MASTER PROGRAM REQUIREMENTS : ROBERT B . MARTINDALE ; Appl . V-8S0- 76 ; variance from the Shoreline Master Program requirements ; property located in the vicinity of 2700 Mountain View Ave . N . The Chairman requested a briefing from the staff. Mr . Erick- sen noted that the Shoreline Master Program specifies Plan- ning Commission review of applications for variance from requirements . The Associate Planner then described Mr . Mar- tindale ' s request for a variance from the yard requirements , noting the following factors : property location , lot dimen- sions , current zoning , and proposed use . He pointed out other development in the area and described the character of the neighborhood . Slides were viewed and discussed by Mr. Smith . The Chairman invited input from the applicant . Bob Martindale , 11133 - 51st Ave . So . , Seattle , noted the history of his involvement with the property from its purch- ase to the present . He indicated his feeling that ' his request �t+ pF R� r Z THE CITY OF RENTON _ MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 ,I 0 CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTINIENT 235-2550 OT f D S F P1'—'0 October 19, 1976 Messrs. Don Cowles and J. J. Gordon Burlington Northern Property Management Department Lobby 2 Central Building Seattle, WA 98104 Re: Special Permit, File No. SP-822-75 i i Gentlemen: The Renton Planning Commission at its October 13, 1976, public hearing approved the remainder of the Glacier Park Company Special Permit No. SP-822-75 subject to the conditions listed in the attached Special Studies Committee report. The Commission also added the condition that Glacier Park Company continue the option for the City to purchase the 39 acre wetland area on a year to year basis until such time as the applicant has use for the property. j An additional bond, equal to the amount posted for the Phase *I fill permit, will be necessary. It is our understanding that the large trees along Springbrook Creek in or very near the greenbelt area will not be a problem for you to preserve. iWe will be pleased to assist you in the platting phases of your develop- ment. Please contact this department if you have any further questions. Very truly yours, Gordon Y. Ericksen Planning. Director r I`Lc_f � Michael L. Smith C Associate Planner MLS: Iml Attachment t The City of Renton 200 Mill Avenue South Renton, Washington 98055 Phone: 235-2501 Fax: 235-2513 FAX TRANSMITTAL Date: To: From: Subject: Number of pages excluding cover sheet: -------------------------------------------------------------------------------------- BILLING INFORMATION Please remit $ for pages. Payable to: City of Renton Charges: $ 5.00 minimum c/o City Clerk $ 1.00 per page 200 Mill Avenue South $ 10.00 out of state (additional) Renton, Washington 98055 Ten page limit The approval to fill and grade the area within the Orillia Industrial Park was granted by the Planning Commission in two phases in 1975 and 1976. The first approval was given on November 26, 1975. This decision granted a partial permit which allowed the filling and grading of areas not affected by the Valley drainage study. The conditions of this permit were listed in the Special Studies Committee Report dated November 19, 1975 and the Planning Commission meeting minutes of November 26, 1975. The second approval of the fill and grade request was approved by the Planning Commission during a public hearing meeting on October 13, 1976. This permit allowed filling and grading of most of the remainder of the unfilled area. It did not include approval to fill and grade of the twenty acres wetland donated to the city, the 39 acre optional wetland area, Springbrook Creek and a 60 foot greenbelt along the channel and the Proposed P-1 drainage channel. The conditions of this approval were detailed in the Special Studies Committee Report dated October 13, 1976 and the Public Hearing Record of the Planning Commission also dated October 13, 1976. ' l FILES-SPECIAL STUDIES COMMITTEE MEETING NOVEMBER 19 , 1975 PAGE TWO P 3;1 ACTION : It was determined that another committee meeting would be necessary with the applicant and his consultant in order to clarify the additional concerns expressed by the Commission and other departments and agencies . i ITEM II : GLACIER PARK COMPANY , SPECIAL PERMIT #SP-822-75 I � Mike Smith briefly explained the study being conducted on the Valley drainage situation and its relation to both development potential and wildlife mitigation areas . The Valley drainage conditions and the proposed SCS drainage project were then discussed , in terms of their relationship to the proposed application . It was felt that the study , now being conducted and scheduled to be completed near the end of December , will present significant information and alternative courses of action for the eventual industrial development of the Valley area and possible wetland preservation alternatives compatible to this industrial development . ACTION : Because of the significance of this drainage study it is felt that the granting of a total permit to fill a majority of the Valley would be untimely until the information and alternatives to be presented in the study are thoroughly reviewed . However , the committee feels that a reasonable partial permit should be granted at this time to allow filling within the phasing schedule proposed by Glacier Park and within areas that may not have a significant impact on the effectiveness of the study and its alternatives . Because of these concerns and the fact that a full scale fill and grade operation cannot begin until the drier Spring weather occurs , the committee feels that a partial permit for Phase 1 as shown on sheet 11/ 11 of the plans should be granted at this time subject to certain conditions . Con- sideration of subsequent phases shall proceed upon completion of the review of the present drainage study . Additional approval conditions include ; p h1 . Suitable on-site drainage retention and siltation control j to prevent siltation of Springbrook Creek an:d the Green t River . This situation shall be monitored during the fill operation by the applicant and Public Works Department , and methods to control drainage and siltation on-site presented in the EIS , or any other methods , shall be utilized as per approval of the Public Works Department . Renton PIanniny Couunission Meeting November 26 , 1975 Page Five 3 . GIVEN THE LESSER DENSITY (H-2) OF THE PROPOSAL TO THE COMPREIl ENS IV1i PLAN FOR THE AREA (111GH DENSITY MULTIPLE—),'AM1LY RIiS1DIsN7'IAL) AND THE EXISTING SINGLE—FAMILY RESIDENCES IN THE AREA , THE R-2 WOULD BE SUITABLE TRANSITION ZONING AT THIS TIME . 4 . THE R-2 ZONE WILL NOT SERIOUSLY IMPACT THE SINGLE—FAMILY RESIDENTIAL PROPERTIES TO 'THE NORTH AND SOUTH . MOTION CARRIED UNANIMOUSLY. SPECIAL PERMIT : C. GLACIER PARK CO . ; Appl . No . SP-822-75 ; special permit to fill and grade in M-P/G zone ; property located south of existing Mobil and Olympic Petro- leum Distribution Facility north of S . W . 43rd and westerly of East Valley Road . The item was introduced by Secretary Rivily and a staff presentation invited . Mr . Ericksen reviewed the proposal and discussed the following : the Final Environmental Impact Statement , the area involved and those parcels already filled , the filling sequence proposed by the applicant , the approximate amount of fill required and the source of the fill material . At the request of the Commis- sion , the Planning Director pointed out the proposed 20 acre greenbelt area to be dedicated by the appli - cant and the probable location of the additional 60 acres recommended for preservation by the Planning Commission . He advised that the City is presently in the process of studying the feasibility of retaining the wildlife habitats in the industrial development and the impact the proposed drainage projects will have on the subject Valley area . The Vice-chairman called f'or comment from the appli - cant . Robert Boyd , Assistant Manager of Properties , Burling- ton Northern and Glacier Park Company , referred the Commission to the EIS as a general outline of what they propose . Fie stated that there would be provi - sions for dust , siltation , and drainage control and establishment of the hours of operation . It is planned to fill areas along the east side of the property first , proceeding northward , to preload Lind Avenue and Oaksdale fill from S . W . 43rd St . to the race track property . He stated they plan to cooperate with the City regarding improvement of S . W . 43rd St . and that they feel it should be widened to five lanes . In addition , they are hopeful that Lind Ave . may be extended to FAI -405 . The railroad track will extend easterly on an alignment north '-of Sternoff Metals Company . The first industry that is proposed will occupy a site along the East Valley Highway , which will require addressing the problem of an exit off the East Valley Highway . Tracking , sewer and water lines will follow the plan of the Orillia District . He stated that they would not look to the City for provision of off-site improvements . Provisions for electrical and telephone lines were also discussed . It is Burlington Northern ' s plan to bring Oaksdale and Lind Avenues to standard as soon as possible and to complete filling within two years . it Renton ( I atn inu Commi un Hee, ting NovewbE_r 10 , 1975 I'age S i x Questions of Mr . Boyd and the PIanniny Director from the Planning Commissioners followed with regard to the mechanics of the fill operation , platting requirements , railroad rights-of-way , vehicular traffic , and primary access , development proposals , and financing of on- site and off-site irup rove tile n is . Discussion followed relative to the appropriateness of granting the requested filling by phases and the review process stipulated by the ordinance should the permit be granted . The Vice- chairman invited comment from the audience . Susan Ringwood , Chairman of the Renton Unit of the League of Women ' s Voters , read a statement noting that the land will lose its value for use other than industry once it is filled and preclude other plans for preservation of the natural environment . She stated that the League recommends that any filling be accomplished as slowly as possible . Sherwood Martin , 3728 Park Ave . No . , stated that the people of Renton are generally opposed to this type of development in this area . David Bigger , 2525 Aberdeen Ave . N . E . , directed the Com- mission ' s attention to the petition submitted earlier requesting that the 80 acres recommended for greenbelt not be filled . Mike Smith , 3402 N . E . 7th St . , urged denial of the entire filling at this time but indicated if definite development is planned , he would favor a phasing plan . Discussion among the Commissioners followed with relation to the effects of the Soil Conservation Service drainage project on the area . Noting no further comment from_ the audience , the committee report was requested by the Vice-chairman . Commissioner Gibson , Chairman of the Special Studies Com- mittee , read their report into the record . The Committee recommended approval of Phase I only at this time , excluding the 80 acres designated as greenbelt but allowing the addi - tion of fill for Oaksdale Ave . So . and Lind Ave . So . and a railroad right-of-way into the area . It was stated that the intent was to establish a time-frame phase to October 1977 . Discussion followed regarding future handling of the fill request if only partially approved . Gibson advised that the Committee favors partial approval with continuation of the remainder of the request , pending completion of the study presently under way . Mr . Ericksen advised the Commission regarding the current study reviewing alternatives relative to provisions for wetland wildlife habitat . The study concerns review of the effect of the Soil Conservation Service drainage project on wetland areas . Completion of the study is estimated by the end of December , and information will be available within one month . Renton PIan►►iny Cuummissio►i Meeting November 26 , 1975 Page Seven There was no further input from the public upon invitation of the Chairman , IT WAS THEN MOVED BY ROSS , SECONDED BY GIBSON , THAT THE PUBLIC HEARING BE CLOSED . MOTION CARRIED UNANIMOUSLY . ACTION: MOVED BY TEEGARDEN, SECONDED BY GIBSON, THAT THE PLANNING COMMISSION CONCURS IN THE SPECIAL STUDIES COMMITTEE RECOMMENDATION ALLOWING A PARTIAL FILL SUBJECT TO THE FOLLOWING CONDITIONS: 1 . SUITABLE ON—SITE DRAINAGE RETENTION AND SILTATION CONTROL TO PREVENT SILTATION OF SPRINGBROOK CREEK AND THE GREEN RIVER . THIS SITUATION SHALL BE MONITORED DURING THE FILL OPERATION BY THE APPLICANT AND PUBLIC WORKS DEPARTMENT; AND METHODS TO CONTROL DRAINAGE AND SILTATION ON—SITE PRESENTED IN THE EIS, OR ANY OTHER METHODS, SHALL BE UTILIZED AS PER APPROVAL OF THE PUBLIC WORKS DEPARTMENT. 2 . UTILIZATION OF SUITABLE EROSION CONTROL METHODS AS PER APPROVAL OF THE PLANNING DEPARTMENT. 3 . MAXIMUM HOURS OF OPERATION SHALL BE FROM 7 : 30 A .M. TO 4 : 00 P.M. ON WEEKDAYS ONLY. 4 . PUBLIC STREETS AFFECTED BY THE OPERATION SHALL BE KEPT FREE OF DEBRIS AND SHALL BE SWEPT AND FLUSHED WHEN NECESSARY . 5 . SUITABLE DUST CONTROL METHODS SHALL BE UTILIZED WHEN NECESSARY. 6 . POSTING OF A BOND (APPROXIMATELY $25 ,000 TO $50 , 000 RANGE) TO INSURE COMPLIANCE WITH THE ABOVE REQUIREMENTS . 7 . THE PROPOSED RIGHT—OF—WAY FOR OAKSDALE AVL•:NUE MAY ALSO lit-,' t•'ILLED SUBJF,CT TO THE APPROVAL, OF THE PUBLIC WORKS DEPARTMENT . THE FILL SHALL NOT EXTEND 13F,YOND THE PRO— POSED RIGHT—OF—WAY BOUNDARY. 8 . FILLING APPROVAL WILL ALSO INCLUDE THE PROI'OS1:D LIND AVENUE RIGHT—OF—WAY ARLA AND RA.1 1,RU,1)) SPQR l NT0 I'1:01'1:IZTY ALONG 1'1lli SOUT11 BOUNDARY OF 1'l1A:il'S 3 AND 4 . Tllli Fl L1, :;llA1,1, i NUT 1i.\ 'TEND 131•:YONU 1'fIP::;1i 1'1:01'(J.;IsU IllGlla':;—U!'— WAY. ' AY. MOTION CARRIED UNANIMOUSLY. Noting that the public hearing had been closed on the entire item, IT WAS ACTION: MOVED BY ROSS, SECONDED BY RIVILY, THAT IT WAS THE PLANNING COMMISSION'S INTENT TO GRANT THE PARTIAL PERMIT AND TO CONTINUE CONSIDERATION OF THE REMAINING PORTION OF THE SPECIAL PERMIT REQUEST. MOTION CARRIED. SPECIAL STUDIES COMMITTEE REPORT OCTOBER 13 , 1976 ITEM : GLACIER PARK COMPANY ; Special Permit No . SP-822-75 ; for Fill and Grade . MEETINGS : The Special Studies Committee met with represent- atives of Glacier Park Co . and the Planning Depart- ment staff on September 23 , and October 7 , 1976 . FINDINGS : 1 . The application was continued by the Planning Commission with the approval of Phase I of the fill operation on November 19 , 1975 . The application was continued pending completion of the Valley drainage study by the Planning Department . 2 . The drainage study has been reviewed by the committee and staff . The Glacier Park Company ' s revised drainage and fill pla-ns correspond quite closely with one of the alternative drainage plans outlined in the Study, Specifically that alternative which employs a combination of open drainage ditches and channels , retention areas , and standard drainage facilities . 3 . The revised fill and drainage plan indicates the preservation of the twenty acre wetland donation area , the 39 acre. optional wetland area , the pro- posed P- 1 drainage channel area , and Springbrook Creek together with a greenbelt sixty feet from the centerline and on both sides of the channel . Both the large trees along Springbrook Creek have been sited within the greenbelt area and will be retained . 4 . Stevens , Thompson , *and Runyon , Inc . , engineering consultants for Glacier Park Co . , have studied and revised the figures relating to fill remaining in the existing pit area withinthe county and amount of fill needed to complete the fill project . Previous fill estimates had included the twenty acre and 39 acre wetland areas as well as the Springbrook Creek area . The engineers report and accompanying map are labeled Exhibit C and D respectively . The revised figures indicate that sufficient material is available to complete the proposed fill project . Glacier Park Co . , however , agrees to fill Phase V last , starting from the south and progressing north toward the wetland area . 5 . Glacier Park Co . , has begun the process of choosing a consultant for the platting phases of development . The consultant will be chosen by mid-November , and the platting process begun soon after . This will include a preliminary plat of the entire area with the final plat and the construction of the necessary roads and utilities progressing in phases . Glacier Park Co . , representatives state that the money has already been budgeted for these purposes , and that this development is a top priority on a national level within the company . SPECIAL STUDIES COMMITTEE REPORT OCTOBER 13 , 1976 PAGE TV40 CONCLUSIONS : ( Glacier Park Co . , cont ' d . ) The Special Studies Committee recommends approval of the remaining fill request as indicated on the map labeled Exhibit D , together with the revised drainage plan indicated as Exhibit E which excludes from filling the twenty acre wetland donation area , the 39 acres optional wetland area , the proposed P-1 drainage channel area , and the Springbrook Creek including the preservation of the greenbelt area sixty feet from the centerline and on both sides of the creek . The large trees and other vegetation within this area shall be preserved . Approval shall be further subject to : 1 . The operational conditions listed in the Phase I approval . 2 . Phase V ( area #6 on Exhibit D') shall be filled last , relative to the entire fill operation . Fill of this area shall begin from the south and progress northward to the southerly boundary of the 39 acre optional wetland area . 3 . A preliminary plat of the area shall be submitted within six months from the date of this approval or said approval shall expire . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ITEM: JOHN B . WEERS ; Request for Waiver of Off-Site Improvements , Application No . W-881-76 . MEETINGS : The Special Studies Committee met on September 23 , and October 7 , 1976 to review the subject request . FINDINGS : 1 . Although similar improvements do not exist along Aberdeen Avenue N . E . or N . E . 12th Street , installing the improvements could initiate similar improve- ments in the area . 2 . The Engineering Division is able to establish grade for both Aberdeen Avenue N . E . and N . E . 12th Street . 3 . The site is near the bridge over Sunset Boulevard , this establishes Aberdeen Avenue N . E . as an important collector arterial street . 4 . The property across N . E . 12th Street at the northwest corner of Aberdeen Avenue N . E . is also being subdivided and a waiver is requested . This is further reason to require the improvements at this intersection at this time and establish a trend for the area . 5 . The committee upon studying the site and surrounding area feels that the improvements are needed and can be installed at the present time . CONCLUSIONS : The committee recommends denial of waiver request based on the above findings . 75 RENTON PLANNING DEPARTMENT STAFF REPORT OCTOBER 13 , 1976 APPLICANT : GLACIER PARK COMPANY APPLICATION : SPECIAL PERMIT FOR FILL AND GRADE , No . SP-822-75 FINDINGS AND 1 . A revised fill and drainage plan of the remain- COMMENTS : ing phases of the project has been submitted and reviewed by the Special Studies Committee and Planning Department . 2 . See Special Studies Committee report for additional findings and comments . DECISION CONSIDERATIONS : Approval as per Special Studies Committee report . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPLICANT : JOHN B . WEERS APPLICATION : REQUEST FOR WAIVER OF OFF-SITE IMPROVEMENTS REQUIRED FOR PROPOSED SHORT-PLAT ; File Number W-881-76 FINDINGS AND COMMENTS : 1 . The Special Studies Committee has studied the subject request. 2 . The Engineering Division has indicated that grade could be established on Aberdeen Avenue N . E . and N . E . 12th Street . 3 . A short plat and waiver has been initiated at the northwest corner of the same intersection . DECISION CONSIDERATIONS : Concurrence with the Special Studies Committee report . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPLICANT : ROBERT B . MARTINDALE APPLICATION : VARIANCE FROM THE SHORELINE MASTER PROGRAM REQUIREMENTS ; File Number V-880-76 FINDINGS AND COMMENTS : 1 . Applicant requests a variance from the 20 foot setback from the water ' s edge requirement of the City ' s Shoreline Master Program . 2 . The subject property has been filled and a rock rip-rap bulkhead installed pursuant to a Shore- line Substantial Development permit approved on January 3 , 1973 . 3 . The applicant proposed to construct a single family residence to within 5 - 8 feet of the water ' s edge with a deck extending to within 1 - 2 feet of the water ' s edge . APR- 9-92 THU 12:40 WARREN, KELLOGG FAX N0, 12002555474 P. 01 • WARREN, KELLOGG, BARBER, DEAN &]FONTES, P.S. ATTORNEYS AT LAW (106)2558676 Method of Delivery POST OFFICE BOX 626•:00 SOUTH SECOND STRF.FT ( ) Mail RENTON,WASHINGTON 980i? ( ) Hand Delivered ( &Faz ( ) other _ FAX NII)MULK: 206-255-5474 TRANSMITTAL MEMO TO; Mary Lyltlle Myer DATE; 4/9/92 Principal Planner RE: Glacier Park Plat and Wetland Sank FROM: Anne Santos We have enclosed the following document(s): DATE DESCRIPTION ( } FOR YOUR IN17-ORMATION (X) PLR YOUR REQUEST ( ) FOR SIGNATURF. AND RF-rt:RN (X) PER OUR CONVERSATION ( ) roR REVIEW AND COMMENT ( ) Pr.R OUR AGRELMLST ( ) FOR NRCRCCARY ACTH ( ) Sta. Rl''MARKS BELOW ( ) rOR YOUR Fuxs ( ) ( ) FOR YOUR APPROVAL ( ) APPRUYLU AS NUI ll FOR FAx TRANsMrrrAt: This transmission consists of 4 _ pages, including this cover page. If for sums reason you do not rcccivc all of the pages, or it is not legible, please contact our office immediately. Remarks: APR- 9-92 THU 12:40 WARREN, KELLOGG FAX NO, 12002555474 P, 02 6 R `J CITY "'Y$F RENTON Office of the City Attorney Earl Clyiucr, Mayor Lawrence 1, Warren March 27, 1992 Mr. Tom Mii e 1 1 Pr U. S. Army Corps of EugineeI-s Seattle District Regulatory Branch Federal Center South 4735 East Marginal Way south Seattle, Washington 90134-2305 Re: Glacier Park Plat and wetland Bank Dear Mr. Mueller: This letter is written to you to provide infurmaLion concerning the platting of the Glacier Park plat in the City of Renton. The property was platted by the Burlington Northern Railroad company, a predecessor to Glacier Park, as owner of the piopeiLy. As I previously explained to you, I was the city attorney at the time of the platting, and so have some familiarity with the plat and what occurred at or about the time of the platting. Ao I understand it, the Corps ' concern relates to the issue of whether or not the property was platted to avoid the application of the Clean Water Act to LhaL properly, I hope the following explanation will assist you in malting that decision. Much of the property was filled in the mid to late 1970' 6 . The fill was collipleLe or largely complete by the time the platting took place, The platting took place in 1978 . At that time the City of Renton and the CnrpS of Engineers were very busy in draining and filling swamps so a5 Lu "reclaim" the land. Wetlands that were not shorelines were not an ioouc. The Corps was not actively regulating isolated wetlands at that time, and did not begin such regulation in the Pacific Northwest until dUPLoximately Lea years later. Throughout the period of the filling, and at the time of the platting, filling of isolated wetlands was simply not an issue of concern to the city of Kenton or the other involved governmental agencies . silice it was not an issue, there was no discussion about drawing the lots on the plat in such a fashion as to maximize the pot.antial for till on the property, and it certainly was not the intent of Lhe City of Renton, in approving that plat, to subvert the intent of the Clean Water Act. Since, as a practical matter, almost ,inlimited filling was being permitted, there was no concern that plattiiiq would increase the potential for fill on the property. In fact, rather the opposite would occur. Since individual lots +aPra hPing created, with the intention that they would be sold to ttliLL1 pcicLies, the extent of APR- 9-92 THU 12:41 WARREN, KELLOGG FAX NO, 12002555474 P, 03 Mr. Tom Mueller March 27, 1992 Page 2 fill could he limited by the lot lines so as to not have the toe of the fill illtrudiIly Qu Lhe property of another party. As previously stated, m»ch of the filling was done before the platting. Many, but not sill, of Lhe wetlands that are preecntly on the site have appeared on top of the fill or because of the fill . Those wetlands that have occurred after the filling did not exist at the time of the p1dLLing or had just been created by the filling, and so the platting could not be done in such a fashion as to try and promote filling of those wetlands . stated anothur way, since many of the wetldiid5 have appeared recently, on top of the fill, and the platting took place before the wetlands appeared, those wetlands could not be the subject of concern in drawing the lots for the plat. The purpose of a plat is to subdivide property into individual lots with the usual intent to sell the lots to various parties . Burlington Northeiii made it quite clear that it intended to sell these newly created lots to third parties for development . Since the property was platted, more than half of the lots have beeu sold and the properties developed. For example, not long after the plat, the Benaroya Company purchased a substantial amount of property and developed warehousing on the property. similarly, thA Seattle Times recently purchased a pdLvel of the property and developed on the property. After the creation of the plat in 1978, the city has treated these lots as individual parcels of property. The city has relied on that plat through Llie years and, in fact, lids imposed substantial dcvclopmont regulations on variouo parties based upon the individual chArac:reristics of each of the lots. For example, setbacks were calculated from the lot lines, live coverage was calculated using only the square footage of the individual lot, and the physical charact.eristi.cs of each lot were considered in imposing other development rubtL'icLions . Since the very purpose of d plat. is to subdivide a large lot into smaller individual lots, which are then to be sold, and since this plat had been in existence sinrA 1978, the city and the busines6 community treated these individual luLs as segregated parcel3 of properly. with this history, T hope that you can see yuus way clear to making a determination tliat Lhis property was not platted to avoid Lhe intent of the Clean water Act. I would suggest that you can make that decision and not create a bad precedent if you consider the following characteristics of this particular plat: 1 . The plat was created well in advance of the Corps ' assertion of i.tt.s jurisdiction over isolated wetlands . APR- 9-92 THU 12:42 WARREN, KELLOGG FAX NO. 12002555474 P. 04 Mr. Tom Mueller March 27 , 1992 Page 3 2 . The lot lines do not bear evidence that they were drawn to advance the tilling of wetlands. 3 . Many of the existing wetlands camp into being after the plat, and so could not, have been the subject of a plat which intended to avoid the Clean Water Act . 4 . There have been a number of sales and developmenLs of these parcels relying on the pIdL. 5. Thcre has been filling on an individual lot in the plat in reliance on a nation-wide permit ( Lhe Seattle Times site) . Such a finding would not set a harmful precedent. Almost Lhe entire focus of the tacts are previous in time to the Corps' assertion of jurisdiction over isolated wetlands. Just that fact should separate this particular plat from more rPrent plats where the intent to evade the Clean Water Act may be more apparent. Additionally, I don't think Lhere is any factor that points to an ii►LenL to evade in this particular plat. Thank you for your time anti (:voperation in thi3 matter. If I can provide you with any furthcr information please let me know. Vei y ti;�y yours, A Ile Lawrence J. Wkr-t�en LJW;ac . cc! Mayor Clymer Jay Covington John Webley Lynn Guttmann Mary Lynne Myer Alison Moss, Attorncy at Law A8 .81 ; 22 . ��. Tom, Here is the original fill and grade file for the Glacier Park Properties. At the time this permit was processed, the Planning Commission had authority to make special permit decisions. The minutes of October 13 , 1976 show the final action of the Planning Commission. Other materials requested by Gail Terzi are also included in this packet. We believe we have gotten all the copies she requested. Please let us know if there are other materials you need. My number is 235-2719. Mary Lynne „ Y ,- CITY OF RENTON Planning/Building/Public Works Department Earl Clymer, Mayor Lynn Guttmann,Administrator March 19 , 1992 Gail Terzi U. S. Army Corps of Engineers Seattle District Regulatory Branch Federal Center South 4735 East Marginal Way South Seattle, WA 98134-2385 RE: Glacier Park/City of Renton Mitigation Bank Dear Ms. Terzi: I am writing to follow up our recent meeting with you on the Glacier Park/City of Renton Mitigation Bank Proposal and the filling of six parcels in the Green River Valley in the City of Renton. I understand that the six parcels to be filled are submitted to the Army Corps of Engineers and are under review for Nationwide Permits at the present time. These same six parcels have been submitted to the City of Renton for development permits and are being treated as separate and distinct parcels. BACKGROUND Glacier Park Properties were filled and platted from 1975- 1978 . Approximately 20 individual parcels were included in the plat. Some of the parcels have not developed during this period of time. The wetlands which are located on most of these parcels are perched rainwater, collecting in unevenly graded impermeable fill. Over the years, emergent habitat has grown up around them, but the overall wetland functions and values are limited. Our wetlands inventory lists them as low in water recharge, low in bank stabilization, low in water purification, low in food chain support, and fishery habitat but providing limited wintering waterfowl habitat, and some flood storage. Other parcels in the twenty have sold and/or developed independently of the owners, Glacier Park Corporation. For the wetlands on these sites, the Army Corps of Engineers has in the past, ruled on these wetlands as Nationwide 26 permits. The Seattle Times is a good example of such a project, reviewed and approved by COE in 1991. This project developed on Glacier Park owned property by the developer, 200 Mill Avenue South - Renton, Washington 98055 Seattle Times, which later bought the property. The present proposal for the mitigation bank and individual fill for separate Glacier Park parcels is a similar proposal. However, this proposal has the added bonus of treating the wetlands resources as an ecological whole. PROPOSAL At this time, Glacier Park has been directed by its parent company, Burlington Northern, to sell at public action the properties listed in the attached brochure. The auction will occur in the first two weeks of May, 1992 . The City regards each of these properties as individual, separate parcels, as they are separately platted with individual access points, individually assessed fees for traffic, parks and recreation, storm drainage and utility impacts. A separate use will be located on each parcel, requiring separate application fees and reviews. Also located on each of these parcels are a number of small, isolated perched lower grade wetlands. The Corporation proposes that these smaller wetlands be filled to allow for full development of these parcels. To meet the requirements of the City's wetlands ordinance, the Corporation proposes to deed to the City two larger parcels. These parcels have been partially filled but also contain some original valley wetlands. These parcels would be the mitigation bank sites. In order to achieve the City's goal of no net loss, fill would be removed from these parcels and wetlands established at a ratio of 1: 5 to 1 to compensate for lower grade wetlands proposed for fill. The mitigation bank sites have historic seed beds, original hydrology and native soils on site. The recreated wetlands will be larger, contiguous to original wetlands, with larger buffers and more wildlife habitat. They have the added functions of increased flood storage and water quality purification. Glacier Park would deed these parcels to the City with the understanding that the six smaller parcels could be filled if meeting COE requirements for the . 99 acre of fill per parcel. Considerable time and money have been expended by the City and Glacier Park to establish this innovative concept which we believe would provide the wisest resource management concept, and provide for sustained economic well- being of the city. DISCUSSION Both the City and Glacier Park wish to provide an opportunity to meet the letter and spirit of the regulations for filling/preserving properties under the NWP 26 standards. The lots, remnants of the original plat, are smaller than many industrial lots. Wetland filling is necessary to make most of the parcel viable for development and on-site mitigation would likely render the lots undevelopable. Consolidation of wetlands mitigation areas would render the lots developable and produce a large wetlands resource of value from numerous small, lesser value wetlands. INTENT This seems to meet the intent of the NPW 26, to preserve contiguous properties, encourage limited filling activities, create/enhance existing and new wetlands. NO INTENT TO ABUSE The Federal Register/Rules and Regulations (Vol 56, No. 226, Section 330. 2 (i) reports concern about developers having purchased large properties, including substantial areas of wetlands, and then subdividing those properties into smaller parcels, with the intent to sell them for the purpose allowing individual parcels to be filled under the NWP 26, thus constituting an abuse of NWP. It is important to note that when these properties were platted, wetlands regulations were not in effect and wetlands filling was condoned under local, state and national regulations. Thus this property owner could not have had the intent of purchasing larger properties, subdividing the properties into small parcels with the INTENT to sell them for the purpose of allowing individual parcels under the NWP 26, thus constituting an abuse. It is also important to note that no replatting has been done to further break up these lots with the intent of abusing the NWP 26. In fact, the lot line adjustments suggested for Lots 8W and 8E would consolidate three lots into one to preserve a higher quality wetlands spanning these three lots and to set up the mitigation bank. REDUCED CUMULATIVE IMPACTS Section 330.2 (i) for the Federal Register discusses "cumulative impacts" which could occur from multiple fill actions on a large contiguous property. The proposal addresses cumulative input in a very positive manner. Rather than recreating numerous small, scattered wetlands, aggregating the wetlands will provide a cumulative benefit. ' Wetland functions and values will be cumulatively improved through this action. HISTORIC OPPORTUNITY In the absence of NWP 26 action by the COE, it is likely the mitigation bank concept will be lost. The sending properties will be individually sold and the bank sites will also be included in the auction. Cumulative impacts on wetlands from this action will be substantially increased, and the mitigation strategy will necessarily be weakened from the aggregated approach. Costly delays and lengthy reviews will serve to kill the innovation which could provide a win/win situation for all parties, including the COE. In addition, a "taking" of property argument could be made as the development potential of the property is substantially reduced without the off-site bank potential. The City urges the COE to consider the approach suggested herein as the best way to meet the spirit and intent of the NWP 26 program and the best resource preservation strategy. If you have any questions, please feel free to call me at 235-2719. Sincerely yours, Mary Lynne Myer, Principal Planner City-of Renton cc: Mayor Earl Clymer bcc: Jay Covington, Administrative Assistant Larry Warren, City Attorney John Webley, Community Services Administrator Lynn Guttmann, Planning/Building/Public Works Department Administrator Kay Shoudy, Planning Director — Now The City of Renton 200 Mill Avenue South Renton, Washington 98055 r. Phone: 235-2501 Fax: 235-2513 FAX TRANSMITTAL Date: fficky To: --K-QC - Asmy Cam- r\ 3t -7co -��v��7co�r- og From: acQ _ Subject: Number of pages excluding cover sheet: -------------------------------------------------------------------------------------------- BILLING INFORMATION Please remit $ for pages. Payable to: City of Renton Charges: $ 5.00 minimum c/o City Clerk $ 1.00 per page 200 Mill Avenue South $ 10.00 out of state (additional) Renton, Washington 98055 Ten page limit i USAir --;IVq - 33C- p i Florida • California •Arizona Bermuda • Bahamas • Puerto Rico • properties will be individually sold and the bank sites will also be included in the auction. Cumulative impacts on wetlands from this action will be substantially increased, and the mitigation strategy will necessarily be weakened from the aggregated approach. Costly delays and lengthy reviews will serve to kill the innovation which could provide a win/win situation for all parties, including the COE. In addition, a "taking" of property argument could be made as the development potential of the property is substantially reduced without the off-site bank potential. The City urges the COE to consider the approach suggested herein as the best way to meet the spirit and intent of the NWP 26 program and the best resource preservation strategy. If you have any questions, please feel free to call me at 235-2719 . Sincerely yours, Mary Lynne Myer, Principal Planner City of Renton cc: Mayor Earl Clymer bcc: Jay Covington, Administrative Assistant Larry Warren, City Attorney John Webley, Community Services Administrator Lynn Guttmann, Planning/Building/Public Works Department Administrator Kay Shoudy, Planning Director