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HomeMy WebLinkAboutJ_Variance_R2B_SSDP_171128_v1 (2)1 ATTACHMENT 14 - VARIANCE REQUEST 1 I. Variance Project Narrative Variance for May Creek and Eastside Rail Corridor trail Construction with Shoreline Jurisdiction Project Name: I-405, Renton to Bellevue Project (Project) May Creek and Eastside Rail Corridor Eastside Rail Corridor trail construction Size and Location of Site: May Creek trail extension: The site is located at the I-405 bridge over May Creek at MP 7.18. The trail will be constructed on the north side of May Creek parallel to the channel and above the 100-year floodplain. The trail that WSDOT will be constructing will be eight feet wide and will extend from the end of the existing May Creek Trail to the eastern edge of WSDOT ROW under I-405. Another section of trail planned for construction will extend from the east side of the I-405 bridge to Jones Road; however, this end of the proposed trail construction is being permitted separately and is not part of this application. A 40-foot section of trail will also be constructed between the east end of the existing May Creek trail to the west end of the WSDOT ROW where it will connect with the trail within the WSDOT ROW. This section will be permitted separately and is not part of this application. Latitude: 47°31'42.25"N Longitude: 122°11'52.20"W Section Township Range: S32 T24N R5E Lake Washington Trail: That section of the Eastside Rail Corridor between trail MP 7.35 to MP 10.25 will be rebuilt to accommodate a 20-foot wide paved bicycle and pedestrian trail. Latitude: 47°32'13.79"N Longitude: 122°11'42.80"W Section Township Range: S29 T24N R5E Land Use Permits Required for Proposed Project: Master Land Use Permit, Shoreline Substantial Development Permit, Critical Areas Permit Zoning Designation of the Site and Adjacent Properties: Shoreline Jurisdiction May Creek Bridge: East and west of I-405 – Resource Conservation Eastside Rail Corridor: High Density Residential 8; Commercial Office/Residential Current use of the site and any existing improvements: 2 The May Creek project area is within WSDOT right-of-way (ROW) for I-405. The existing bridge is supported by columns set into the creek banks, and a sewer line is buried beneath the channel substrate. The site is currently not used for any other purpose. The Eastside Rail Corridor is a rail corridor owned by King County, which allows use of this corridor as a pedestrian trail West of the rail ROW are residences along Lake Washington; to the east is Ripley Lane, a two lane paved road. Special site features (i.e., wetlands, water bodies, steep slopes): May Creek, is an anadromous fish-bearing stream. The proposed bridge and trail work will occur approximately 0.5 miles upstream May Creek’s outlet into Lake Washington. The channel and banks of May Creek are within Renton floodplain, regulated slopes (15-<=90%), and seismic hazard critical area designations. The Eastside Rail Corridor is within regulated slopes (15-<=90%), landslide, and seismic hazard critical area designations. Statement addressing soil type and drainage conditions: Natural Resource Conservation Service (NRCS) soil maps show the vicinity of the May Creek Bridge to be predominately Norma sandy loam, which is associated with floodplains and poorly-drained with frequent ponding. Refer to Attachment 9 - Geology and Soils Technical Report. The shoreline area of Lake Washington is characterized by Seattle Muck consisting of mucky peat and very poorly drained, while the area east of the Eastside Rail Corridor is within a unit of Alderwood gravelly sandy loam, a moderately well-drained soil. Proposed use of the property and scope of the proposed development: May Creek Bridge (MP 7.18): The Project will replace the northbound and southbound I-405 bridge structures over May Creek with a single-span bridge and provide habitat improvements along the creek by removing angular rock fill material from the floodplain, improving fish habitat along the stream channel, and providing buffer enhancement. The existing bridge columns will be removed to a depth sufficient to prevent scour exposure. Through a future interlocal agreement with the City of Renton, WSDOT will construct an extension of the May Creek Trail parallel to the channel on the north side, and above the 100-year floodplain. The trail will be eight feet wide and will extend from the end of the existing May Creek Trail (which currently ends approximately 40 feet east of the eastern boundary of the WSDOT right-of-way) to Jones Road. However, only the portion of the trail within WSDOT right-of-way is being permitted as part of this application. The portions of the trail outside of WSDOT right-of-way will be permitted separately and are not part of this application. . 3 Lake Washington Trail: Within the City of Renton, the Eastside Rail Corridor has been open to the public as a trail even with the rails intact. Separate from the Project, King County is removing the existing rails and creating a gravel path on the existing railroad ballast between Ripley Lane and Lake Washington Boulevard where it turns towards Newcastle Beach Park. For this portion of the project, WSDOT will widen the existing rail prism and construct a twelve-foot wide asphalt trail with four-foot wide gravel shoulders on the rail prism. Bicycle and pedestrian traffic that now uses the Lake Washington Loop Trail will be shifted to the Eastside Rail Corridor trail. For plats, indicate the proposed number, net density, and range of sizes (net lot area) of the new lots: Not applicable to this project Access: May Creek Bridge (MP 7.18) From I-405, take the Northeast 44th Street exit. Turn west and continue onto Lake Washington Blvd. approximately 1,600 feet beyond the interchange. Park on the west side of the road adjacent to the rail road tracks. The bridge may be accessed via the signed May Creek Trail on the east side of the road. Lake Washington Trail From I-405, take the Northeast 44th Street exit. Turn west onto NE 44th Street and then right onto Seahawks Way and proceed north to where the road changes to Ripley Lane. The existing trail is to the right (east); the Eastside Rail Corridor is to the west until the point at which Ripley Lane crosses the railroad tracks. Proposed off-site improvements (i.e., installation of sidewalks, fire hydrants, sewer main, etc.): No on-site improvements are proposed. Total estimated construction cost and estimated fair market value of the proposed project: Connecting Washington funded the Renton to Bellevue Stage 1 project as part of a larger set of improvements. The total funding for the full set of improvements, including project engineering and ROW, is $890M. Estimated quantities and type of materials involved if any fill or excavation is proposed: Since this is a design-build project, the exact excavation and fill quantities are not yet known. Number, type, and size of any trees to be removed: At May Creek, there are no trees currently beneath the bridge to be removed. After the City acquires the property, the City will grant WSDOT a temporary construction easement to build temporary access to the southwest side of the new May Creek Bridge for construction, and trees may need to be 4 removed within that area. A licensed landscape architect will prepare a roadside restoration plan and inventory of trees for removal. This information will be provided by the design build contractor once that firm has been hired. Maps showing the location of proposed tree planting areas, and a list of replacement species have been included in Attachment 5 - Conceptual Landscape Plans. Since the work within the Eastside Rail Corridor will be restricted to the existed railroad prism, no tree removal is anticipated for the trail project. Explanation of any land to be dedicated to the City: No land will be dedicated to the City; however, WSDOT will secure a trail lease for the City within WSDOT right-of-way for the Trail Segment before WSDOT’s contract ad date (currently September 2018). Any proposed job shacks, sales trailers, and/or model homes: Construction offices and staging areas will be within WSDOT ROW. Any proposed modifications being requested (include written justification): A variance to the Shoreline regulations is necessary for constructing the trail within the Eastside Rail Corridor with a width of 20 feet, and the extension of the May Creek with a width of 8 feet. See Attachment 14 – Variance Request Justification for more information. Distance in feet from the wetland or stream to the nearest area of work: Lake Washington: Approximately 100 feet from the developed shoreline. May Creek: Adjacent to and above the wetted perimeter of the channel. Distance from closest area of work to the ordinary high-water mark: May Creek: The new bridge will include piers within approximately 50 feet from the Ordinary High-Water Mark (OHWM). The overhead bridge structure will be directly over the entire stream and directly adjacent to the OHWM. Restoration and revegetation will occur on the adjoining banks above OHW. Lake Washington: The new trail alignment will be approximately 100 feet from the developed shoreline of the lake at its closest point. Description of the nature of the existing shoreline: May Creek: 5 Vegetation and habitat conditions on most of the WSDOT roadway property are limited because the roadway currently supports a six- to 10-lane urban freeway and associated roadway facilities. Beneath the bridge, there is little vegetation and the banks are armored with riprap. For additional detail, refer to Attachment 6 Wetland and Stream Assessment Report. Lake Washington: The Lake Washington shoreline has been almost completely developed into single family residences with the exception of a professional football practice field. Most of the properties have docks and bulkheads and are extensively landscaped. The Eastside Rail Corridor runs between the residential properties and Ripley Lane, a two-lane paved road. The east side of Ripley Lane is mostly undeveloped with native trees and vegetation except for a few commercial properties and the May Creek trail. 6 II. Justification for Variance The trail construction planned at May Creek and within the Eastside Rail Corridor both require a variance from City of Renton 4-3-090 Shoreline Master Program Regulations because the proposed widths exceed the maximum in at least one Shoreline regulation. In both cases, a variance is warranted because it can be shown that the City’s four criteria for a variance have been met: The applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, and location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; The approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated; and The approval is the minimum variance that will accomplish the desired purpose. May Creek Trail extension Through a future interlocal agreement with the City of Renton, WSDOT will construct an extension of the May Creek Trail parallel to the channel on the north side, and above the 100-year floodplain. The trail will be eight feet wide and will extend from the end of the existing May Creek Trail (which currently ends approximately 40 feet east of the eastern boundary of the WSDOT right-of-way) to Jones Road. However, only the portion of the trail within WSDOT right-of-way is being permitted as part of this application. The portions of the trail outside of WSDOT right-of-way will be permitted separately and are not part of this application. WSDOT and the City of Renton have coordinated closely on trail design at the I-405 crossing of May Creek. The proposed trail width is appropriate for the location, given the context of the existing trail (created by City of Renton just west of I-405). The Project aligns with City of Renton planning for an extension of this existing trail, and also with the unique opportunity presented by the replacement of the I-405 bridge over May Creek. The section of May Creek under I-405 has been designated as Reach B in the City of Renton’s Shoreline Master Program, and is within an Urban Conservancy Overlay Zone. Within this area, ‘public access should be provided consistent with standards of this Section from a trail parallel to the water consistent with trails on public land. All trail development should be set back from the water’s edge with controlled public access to the water and consistent 7 with standards of this Section and goals of preservation and enhancement of ecological functions’ (4- 3-090(D)(4)(f) Public Access Table). However, the trail’s size deviates from the Design Criteria for Public Access Sites that governs trail construction within Shoreline areas: Walkways or Trails Required in Vegetated Open Space: Public access on sites where vegetated open space is provided along the shoreline shall consist of a public pedestrian walkway parallel to the OHWM of the property. The walkway shall be buffered from sensitive ecological features, may be set back from the water’s edge, and may provide limited and controlled access to sensitive features and the water’s edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. Trails shall be constructed of permeable materials and limited to four feet (4’) to six feet (6') in width to reduce impacts to ecologically sensitive resources (4-3-090(D)(4)(d)(i)). While consistent with regulatory requirements for a buffer, and for the use of permeable materials, the May Creek trail extension has been designed to be 8 feet wide to maintain consistency with the existing trail that currently extends from Lake Washington Boulevard to the west side of the existing bridge. The May Creek Trail extension will encroach upon a City of Renton seismic hazard critical area. Renton’s Critical Areas subsection of the Shoreline Master Program allows exemptions for new trails in some critical areas including geologic (seismic) hazard areas: Normal and routine maintenance, operation and repair of existing parks and trails, or the construction of new trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to construct new trails to meet established safety standards (4-3-050(C)(3) footnote 14). Furthermore, trails in critical areas may exceed the 4 to 6 foot width limitation imposed by the Shoreline Management ordinances: Trail widths shall be a maximum width of twelve feet (12'). Trails shall be constructed of permeable materials which protect water quality, allow adequate surface water and ground water movements, do not contribute to erosion, are located where they do not disturb nesting, breeding, and rearing areas, and designed to avoid or reduce the removal of trees. Impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts (4-3-050(C)(4) footnote 1(d)). 8 Construction of a trail 8 feet wide would not be inconsistent with critical areas trail development standards although it would conflict with Shoreline trail specifications. In all other respects, the trail is consistent with City policies encouraging public access to shorelines, and meets the criteria for buffer zones and substrate. Therefore, the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated, but would rather improve recreation opportunities. Due to circumstances unique to the situation, the approval would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. Furthermore, a two-foot increase in width beyond the maximum called for in the Shoreline trail development policies is the minimum variance necessary to accomplish the desired purpose. ERC Trail Since King County acquired the ERC from BNSF, it has been open to the public as a trail even with the rails intact. Separate from the Project, King County is removing the existing rails and creating a gravel path on the existing railroad ballast between Ripley Lane and Lake Washington Boulevard where it turns towards Newcastle Beach Park. Since this is a situation in which WSDOT upgrades to I-405 can be used to benefit a public trail, it constitutes a unique opportunity for an improvement in public facilities and would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. The adjacent landowners benefit from the use of the trail, as would the general public already using the developed portions of the ERC. The Shoreline Master Program allows for some variation in trail width and materials depending upon use: Trail width and surface materials shall be appropriate for the context with narrow soft surface trails in areas of high ecological sensitivity where the physical impacts of the trail and the number of users should be minimized with wider hard-surfaced trails with higher use located in less ecologically sensitive areas (4-3-090 (E)(10)(d) iv). An increase in trail width is necessary for accommodating both bicycle and pedestrian traffic, and is the minimum amount necessary to meet the requirements of a multi-use trail. Furthermore, the approval of a variance would not constitute a grant of special privilege nor would it be inconsistent with the limitation upon uses of the residential and commercial properties in the vicinity and zone in which the subject property is situated. Properties adjacent to the Eastside Rail Corridor are extensively developed and the new trail section will be a part of a much longer, heavily used bicycle and pedestrian corridor. The trail is not adjacent to sensitive riparian corridors. As noted in the Shoreline policies considered for the May Creek trail variance, this use is consistent with the overall Shoreline Master Program objectives for public use within shoreline areas. 9 Conclusion A variance to the maximum trail widths is justified at both the May Creek trail extension and the Eastside Rail Corridor trail. As described above, a variance is justified by the unique circumstances of the project area, consistency with City recreational goals and policies, and overall increase in public benefit.