Loading...
HomeMy WebLinkAboutExh. 25 Muckleshoot Email and ResponsesFrom: 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&center=- 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> [cid:image001.png@01D30524.7C475ED0]