HomeMy WebLinkAboutC_Muckleshoot_Letter_170807_v2From: Karen Walter <KWalter@muckleshoot.nsn.us>
Sent: Sunday, August 06, 2017 4:48 PM
To: Matthew Herrera
Subject: RE: City of Renton Notice of Application LUA - VIA 405 Apartments-
LUA17-000237 ECF, PPUD, HEX
Matthew,
This email is a follow-up to our July 2017 phone conversation regarding the VIA 405 Apartments project
and the stream classification of Rolling Hills Creek. As I noted in the call, Rolling Hills Creek is considered
a Type F stream by WSDOT, WDFW, and the Tribe. The culvert 995470 conveying this stream is on the
State's Fish Passage Barrier list and to be on this list means that there is at least 200 meters of available
fish habitat upstream. Please see WSDOT's fish passage barrier map
http://www.wsdot.wa.gov/data/tools/geoportal/?config=fish-passage-
barriers&layers=%7B%22layer0%22%3A%5B%5D%2C%22Uncorrected+Barriers+Statewide%22%3A%5B0
%5D%2C%22Corrected+Barriers+Statewide%22%3A%5B0%5D%7D¢er=-
122.19989776607876%2C47.47051349086841&zoom=14
The data used to make the fish barrier determination and available habitat upstream is done by WDFW
in a cooperative effort with WSDOT. In fact, Mike Barber, the person noted on the link above used to
work for WDFW and was in charge of their fish barrier assessment program. Arguably any data available
via this source was completed by WDFW and should be considered as a WDFW stream study.
Please note that Salmonscape is but one source regarding fish passage barriers and fish distribution. It is
not the only source and should never be considered the sole source of fisheries data. As noted it does
not currently show Rolling Hills on it even though this stream has been mapped by Renton and WSDOT
for some time. WSDOT provided detailed information about the stream as part of its Ecosystems Report
for the I-405 Tukwila to Renton project; however, obviously this information was not provided to the
WDFW staff involved in Salmonscape.
Please note, too, that when the City did its stream study, it did not consult with us. We received the
Study several years after its completion and have questioned the water typing for some streams in the
area (i.e. Maplewood Creek tributaries) and noted that this study did not adequately consider fish
passage barriers and how they may affect salmon distribution and observations.
If you need further information regarding the classification of Rolling Hills Creek, I suggest you call Mike
Barber at WSDOT (formerly with WDFW) and discuss the data with him.
Also as we discussed on the phone, we recommend that the applicant maximize the native tree and
shrub plantings along Rolling Hills Creek including areas that are along the south side of the stream
outside of WSDOT's right of way on I-405 to improve stream conditions prior to WSDOT's replacements
of the I-405 culverts to become fish passable.
Thank you,
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division Habitat Program
39015 172nd Ave SE
Auburn, WA 98092
253-876-3116
________________________________________
From: Matthew Herrera [MHerrera@Rentonwa.gov]
Sent: Tuesday, July 25, 2017 9:20 AM
To: Karen Walter
Subject: City of Renton Notice of Application LUA - VIA 405 Apartments- LUA17-000237 ECF, PPUD, HEX
Good Morning Karen;
Thank you for your comments regarding the VIA 405 Apartments land use application. As you are aware,
the City placed the application on-hold pending changes needed to comply with site design and
stormwater requirements. The on-hold review comment letter also included your May 16, 2017 emailed
comments on behalf of the Muckleshoot Tribe, which City staff requested a response from the
applicant. The applicant has recently resubmitted documents and provided a response to your
comments, please see attached. The application was taken off-hold on July 14.
The City also provides the following responses to your emailed comments:
Water typing – The City’s Critical Areas Map identifies Rolling Hill Creek on the subject property as an Np
stream. The reclassification of a water body to a higher class requires the acceptance of a stream study
or consultation with Washington Department of Fish and Wildlife, which is then followed by a legislative
amendment to the map. The City would consider the reclassification of the stream if a stream study
were submitted providing evidence that a Type F classification is warranted. Currently, the WDFW
SalmonScape map layer does not identify Rolling Hills Creek traversing the subject property.
Buffer expansion – The subject property was developed prior to the enactment of the City’s Critical
Areas Regulations and as a result substantial existing improvements were constructed within the area
that would currently be identified as the stream’s buffer. Improvements nearest to the stream include
emergency vehicle access for the subject property and neighboring Evergreen Building property and
surface parking for the subject site located between 7 and 13 feet of the OHWM. The City’s Critical
Areas Regulations typically do not apply to the areas where lawfully constructed improvements already
exist and any upland areas separated by the improvements (RMC 4-3-050B.1.g).
Following comments provided by the Muckleshoot Tribe, the applicant has resubmitted plans and
proposed to remove 15 surface parking spaces and pavement to provide additional buffer area. This
area would be planted with riparian vegetation and restrict access to alleviate the historical dumping
along this stream’s reach. Due to on and offsite emergency access needs, the existing 20-foot wide
minimum fire lane will need to remain in its current alignment.
Stormwater detention – The applicant is required to comply with the 2017 Renton Surface Water
Manual. The proposal will require Enhanced Basic Water Quality treatment, which is proposed to be
accomplished with a biofilltration vault. As identified in the manual, the site is located within the Peak
Rate Flow Control Standard – Matching Existing area. Flow control is waived for redevelopment projects
if no more than a 0.15 cfs increase in 100-peak flows is generated and the increased runoff will not
significantly impact a critical area. The applicant’s TIR calculates an increase of 0.053 cfs with no
indications this increase would significantly impact the stream. Analysis of the TIR is currently underway
by the department’s Development Engineering group. Detention will not be required unless a nexus is
found by the Environmental Review Committee that would require additional treatments above and
beyond the stormwater code.
Again, thank you for your comments on the VIA 405 Apartments land use application. The City’s
Environmental Review Committee is tentatively scheduled to review the project on August 14 and issue
the SEPA Threshold Determination on August 18. A public hearing for the proposal is tentatively
scheduled for 11am September 26 in City Council Chambers. The SEPA determination, public hearing
notice, and any other correspondence will be forwarded on to you. Please feel free to contact me should
you have any questions. –Matt
Matt Herrera, AICP
Senior Planner
City of Renton
425.430.6593
From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us]
Sent: Tuesday, May 16, 2017 1:05 PM
To: Matthew Herrera <MHerrera@Rentonwa.gov<mailto:MHerrera@Rentonwa.gov>>
Subject: RE: City of Renton Notice of Application LUA - VIA 405 Apartments- LUA17-000237 ECF, PPUD,
HEX
Matthew,
Thank you again for sending us the requested documents for the proposed VIA 405 apartments. We
offer the following comments in the interest of protecting and restoring the Tribe’s treaty-protected
fisheries resources:
Rolling Hills Creek water typing
As we noted previously, the project information, including the Critical Areas Study has incorrectly
identified Rolling Hills Creek as Type Np waters (non-fishing bearing). The stream should be considered
Type F waters as it has been determined as such by the Tribe, WDFW, and WSDOT. For example, the
culvert downstream conveying this stream on SR 167 will be replaced with a stream simulation culvert
to provide passage for adult and juvenile salmon as part of WSDOT’s I-405 Direct Connector Project.
The State is doing so because the stream upstream was determined to have potential fish habitat and
the culvert was identified as a fish passage barrier per WSDOT and WDFW. As such, it is subject to the
federal court injunction under U.S. v Washington. WSDOT is modifying this culvert as part of the I-405
Direct Connector; therefore, they were required to make it fish passable. In addition, WSDOT is
relocating and enhancing a portion of Rolling Hills Creek south of I-405 and east of SR 167 as required
mitigation for project impacts (see attached).
Similarly, the I-405 culvert crossing of Rolling Hills Creek up and downstream of the VIA 405 project site
are also a fish passage barriers per WSDOT/WDFW and required to be replaced with fish passable
structures under the injunction.
Also, we would like to note that the Critical Areas report indicated that the bankfull width of Rolling Hills
Creek at the project site is from 12 to 13 feet wide which exceeds to the 2 foot minimum for presumed
fish habitat under WAC 222-16-031. Also, per the Technical Information Report, the stream channel is
0.35% which is less than 16% (the other criterion from the WAC); therefore the stream meets physical
criteria for Type F water as described in the WAC and Renton’s Code, RMC 4-3-050 section 7.a.ii.
Project impacts and mitigation needs
The project’s impacts need to be re-assessed with the correct stream classification and using additional
information available via WSDOT’s I-405 Direct Connector Project which the City should have on file. If
not, please let us know and we will send a CD with the information as the stream and wetland report is
too large to email. As part of this analysis, the project should evaluate the stream conditions with a
single culvert and/or bridge crossing of Rolling Hills Creek that will likely change the stream conditions
since the culvert restrictions will be removed.
With respect to the project design, the applicant should revisit the plan lay-out to see if the parking can
be reconfigured to remove the parking adjacent to Rolling Hills Creek and allow further restoration of
the stream bank and riparian area. We understand that the full regulated buffer may not be feasible to
re-establish with this project; however, the removal of riprap, a bioengineered bank that includes
appropriately sized wood and a larger riparian buffer greater than the minimum of 6 feet on the right
bank (facing downstream) would be better for the stream and further the salmon habitat mitigation
actions downstream that will occur from WSDOT’s I-405 Direct Connector project. The stream and
buffer enhancements should be maximized to the fullest extent possible with this redevelopment
project and for any remaining unavoidable impacts, the applicant should be required to mitigate these
impacts elsewhere.
With respect to the proposed stormwater management plan, we agree that enhanced water quality
treatment should be used for this project to reduce pollutants that are detrimental to coho salmon, the
species most likely to use Rolling Hills Creek once access is restored. However, the project should be
required to detain its stormwater to reduce impacts to the potential salmon habitat in Rolling Hills Creek
and the salmon that will eventually occupy it once access is fully restored (see attached letter regarding
how stormwater flow discharges can adversely affect salmon). The existing stream exhibits undercut
banks and riprap that has been placed to avoid scour and erosion. Stormwater discharges from this
project without flow control will not improve these conditions as needed to support salmon. Also, given
the City’s past concerns (see our previous email with attachments) regarding conveyance and flooding in
this area, it seems that additional stream capacity and onsite flow control measures would also be in the
City’s interest.
We appreciate the opportunity to review this proposal and look forward to the City’s responses.
Thank you,
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division Habitat Program Phillip Starr Building 39015-A 172nd Ave SE
Auburn, WA 98092
From: Matthew Herrera [mailto:MHerrera@Rentonwa.gov]
Sent: Friday, May 05, 2017 4:56 PM
To: Karen Walter
Subject: RE: City of Renton Notice of Application LUA - VIA 405 Apartments- LUA17-000237 ECF, PPUD,
HEX
Here’s the last two. –Matt
From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us]
Sent: Friday, May 05, 2017 10:30 AM
To: Matthew Herrera <MHerrera@Rentonwa.gov<mailto:MHerrera@Rentonwa.gov>>
Subject: FW: City of Renton Notice of Application LUA - VIA 405 Apartments- LUA17-000237 ECF, PPUD,
HEX
Matthew,
We received this NOA for the VIA 405 apartments project and will need more information to full
evaluate this project. Please send the following:
1. Environmental Checklist
2. Site plans
3. Critical Areas report and mitigation plans
4. Preliminary Technical Information Report
Please note that the NOA indicates that there is a Type Np stream on or near the site. This stream is
considered to be Type F waters by the Tribe, WDFW, and WSDOT as the I-405 culverts conveying this
stream are on the State’s fish passage barrier list and subject to correct per the federal court injunction
under U.S. v. Washington. See the attached figure that shows Rolling Hills Creek; Thunder Hills Creek
and their connectivity to Springbrook Creek.
The City also noted concerns regarding flooding and water quality for this stream in their letter to
WSDOT for the I-406 TRIP project.
See http://www.wsdot.wa.gov/NR/rdonlyres/09B7D0AF-78DB-409B-A8C3-
B86DFA3970C2/29583/02_CityofRentonletter.pdf
Also, WSDOT will be replacing the existing fish passage barrier under SR 167 that conveys Rolling Hills
Creek as part of the I-405 Direct Connector project.
We look forward to receiving the project information requested above and prefer electronic copies if
available.
Thank you,
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division Habitat Program Phillip Starr Building 39015-A 172nd Ave SE
Auburn, WA 98092
From: Gillian Syverson [mailto:GSyverson@Rentonwa.gov]
Sent: Friday, May 05, 2017 9:51 AM
To: 'DOE (sepaunit@ecy.wa.gov<mailto:sepaunit@ecy.wa.gov>)'; 'DOE'; Karen Walter; DNR
(sepacenter@dnr.wa.gov<mailto:sepacenter@dnr.wa.gov>); 'ECY RE SEPA REGISTER'
Cc: Matthew Herrera; Ann Fowler
Subject: City of Renton Notice of Application LUA - VIA 405 Apartments- LUA17-000237 ECF, PPUD, HEX
NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF Non-significance (dns) A Master
Application has been filed and accepted with the Department of Community & Economic Development
(CED) – Planning Division of the City of Renton. The following briefly describes the application and the
necessary Public Approvals.
DATE OF NOTICE OF APPLICATION: May 5, 2017
LAND USE NUMBER: LUA17-000189, ECF, PPUD, HEX
PROJECT NAME: VIA 405 Apartments
PROJECT DESCRIPTION: The applicant is requesting a Preliminary Planned
Urban Development (PUD) land use decision and a threshold determination under the State
Environmental Policy Act (SEPA) for the construction of 270 multi-family dwelling units and associated
improvements. The 2.6 acre site is located within the Commercial Office (CO) zoning classification and
Commercial Mixed Use (CMU) land use designation. The existing movie theater building will be
removed.
Proposed structural improvements include a new eight (8) story 289,300 square foot building with
parking located on portions of the first two (2) floors and dwelling units and amenity areas located on
the upper six (6) floors. The net density of the completed project would result in 141 dwelling units per
acre. Initial ground level uses along the north façade include amenity space, residential lobby, and the
building’s leasing office. Exterior improvements include a plaza and active recreation space abutting the
northeast portion of the building, pedestrian pathway link to the Metro Park and Ride on S. Grady Way,
landscaping, and stormwater improvements. Access to the site includes driveway easements connecting
to S. Grady Way and S. Renton Village Pl.
Critical Areas identified on City maps include Flood Hazard, Seismic Hazard, Regulated Slopes, and a
Non-Fish Perennial (Np) stream. A stream buffer determination as it relates to nonregulated sites
separated from critical areas by pre-existing substantial improvements will also be a component of the
PUD application. The applicant has identified 63 significant trees onsite and proposes to retain 32 trees
abutting the stream and two (2) trees outside of the stream vicinity. The following reports have been
submitted with the land use application: Preliminary Technical Information Report, Arborist Report,
Critical Areas Assessment, and Geotechnical Report. PROJECT
LOCATION: 25 S Grady Way, Renton, WA 98057-2500
OPTIONAL DETERMINATION OF NON-SIGNIFICANCE (DNS): As the Lead Agency, the City of Renton has
determined that significant environmental impacts are unlikely to result from the proposed project.
Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS
process to give notice that a DNS is likely to be issued. Comment periods for the project and the
proposed DNS are integrated into a single comment period. There will be no comment period following
the issuance of the Threshold Determination of Non-Significance (DNS). This may be the only
opportunity to comment on the environmental impacts of the proposal. A 14-day appeal period will
follow the issuance of the DNS.
PERMIT APPLICATION DATE: April 21, 2017
NOTICE OF COMPLETE APPLICATION: May 5, 2017
APPLICANT/PROJECT CONTACT PERSON: Craig Koeppler & Michael Sandorffy/ Parkway Capital,
Inc. / 520 Pike St, Suite 1500 / Seattle, WA 98101-1385 / 206-682-6868 x 14/
michaels@msandorffy.com<mailto:michaels@msandorffy.com>
Permits/Review Requested: Environmental (SEPA) Review; Preliminary Planned
Urban Development (PPUD); Public Hearing (HEX)
Other Permits which may be required: Building Permit, Construction Permit, Fire Permit
Requested Studies: Preliminary Technical Information Report, Arborist
Report, Critical Areas Assessment, and Geotechnical Report.
Location where application may
be reviewed: Department of Community & Economic
Development (CED) – Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton,
WA 98057
PUBLIC HEARING: A Public hearing is tentatively scheduled for July 18,
2017 before the Renton Hearing Examiner in the Council Chambers at 11:00 am on the 7th floor of
Renton City Hall located at 1055 South Grady Way.
CONSISTENCY OVERVIEW:
Zoning/Land Use: The 2.6 acre site is located within the Commercial
Office (CO) zoning classification and Commercial Mixed Use (CMU) land use designation.
Environmental Documents that
Evaluate the Proposed Project: Environmental (SEPA) Checklist
Development Regulations
Used For Project Mitigation: The project will be subject to the City’s SEPA
ordinance, RMC 4-2-110A; 4-3-050; 4-4; 4-6-060; 4-7; 4-9 and other applicable codes and regulations as
appropriate.
Comments on the above application must be submitted in writing to Matt Herrera, Senior Planner, CED
– Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on May 19, 2017. This
matter is also tentatively scheduled for a public hearing on July 18, 2017, at 11:00 AM, Council
Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in
attending the hearing, please contact the Planning Division to ensure that the hearing has not been
rescheduled at (425) 430-6593. Following the issuance of the SEPA Determination, you may still appear
at the hearing and present your comments regarding the proposal before the Hearing Examiner. If you
have questions about this proposal, or wish to be made a party of record and receive additional
information by mail, please contact the project manager. Anyone who submits written comments will
automatically become a party of record and will be notified of any decision on this project.
CONTACT PERSON: Matthew Herrera, Senior Planner; Tel: (425) 430-6593; Eml:
MHerrera@RentonWA.gov<mailto:MHerrera@RentonWA.gov>
Thank you,
Gillian Syverson
Administrative Secretary I
City of Renton | CED | Planning Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
Phone: 425.430.6578| Fax: 425.430.7300 |
gsyverson@rentonwa.gov<mailto:gsyverson@rentonwa.gov>
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