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HomeMy WebLinkAboutLUA90-011 , CITY OF RENTON HEARING EXAMINER gsr4T . ,;-ry . --, �� ,Z00 Mill Avenue South -Renton, Washington 98055 f1teR29 II) `fir;a .y -' le r \10) "A --�': i f ; v ti. 0 -'6' a %..::„;-,, l j J7`1 1IJ 6a -0 ' =i cA47eCP $'1 Of'CI's 4°.° .12-- 161)--a-- z2-e-1--/ 0® V.caA0- cfvfl2P" Gerry Adams 'p� Seattle Audubon Society J�`"` v ��>, 619 Joshua Green Building �'� ✓ t r> Seattle, WA 98101. . NOT JELIVERAELE --- —; 1 F ___._____.------"------r;12' S '4-"ADDRESSED to CC�nl oT7 'LINABLE TO FORW&Ri - �'- ci d�- t^1 s 1 RFTURN TO VWRITER �' 1 '3�y' ihi::i<<l:_nliiifn,::ll:.=iil � CITY OF RENTON mil " HEARING EXAMINER Fred J. Kaufman Earl Clymer, Mayor April 3 , 19.90 Gerald Adams Vice President Seattle Audubon Society 619 Joshua Green Building Seattle, WA 98101 Re: AAD-011-90 Appeal of Glacier Park Short Plat 125-89 Dear Mr. Adams: This matter has been dismissed at the request of the appellant. With the concurrence and urging of this department, the appellant, property owner, and the city reached an agreement regarding the above entitled matter which permitted the appellant to withdraw the appeal. If this office can be of any further assistance please feel free to write. Sincerely, FRED J. UFMAN HEARING EXAMINER FJK/dk . cc: Earl Clymer, Mayor Zanetta Fontes, Assistant, City Attorney Ken Nyberg, Community Development Director - Larry Springer, Planning Manager Donald Erickson, Zoning Administrator Linda Hoffman, Glacier Park ono \A mm AvPn„P Cn„th - Renton_ Washington 98055 -1206) 235-2593 ,� 7R 02 '90 14.23 206 788 2645 DUVALL P. 1/4 0 c "catic Audubon 0.3eveetp 69chua GCWIans hiunggnnrtg N•rtSperoattlfiet,CWA9r8a1t • 2 s - FRCS IMI LL 'ic' .A.N SM I TTAL Di TE Rf - - 2r ( fll rco � (Z, (Cftu P f 41Lif-( Ezio , 'R.OM _ A 1 Y C w� NUMBER, Off' PA0GE S ( Including t:.over page) L ( )MMENTS • SEATTLE AUDUBON SOCIETY ` `"R (206) HrK ec 'yU 14;d bb (.._ 9b45 IUVHLL • Oeawlc Audubon 03ocktp Washington Nonprofit Corporation 619 Joshua Green Building • Seattle, WA 98101 • 2(16/622-0695 April 2, 1990 Fred J. Kaufman, Hearing Examiner City of Renton 200 Mill Avenue Renton, Washington 98055 RE: AAD-013 -90 SEPA Appeal of Glacier Park Short Plat. 125-89 Dea" Mr. Kaufman: We have reviewed the COVENANT AND EASEMENT (attached) provided by Glacier Park Company. It is our understanding that the City of Renton agrees to the form of the easement . Since the easement eliminates our concern expressed in the amended appeal we therefore withdraw the appeal of the threshold determination regarding the future development of the northern lot . Thank you for your consideration of this matter and your willingness to allow the parties to resolve this issue. Sincerely, Gerald Adams Vice President, Conservation Original deposited in US mail APR 02 '90 14:24 206 788 2645 DLIVALL "' r.c•• DRAFT COVENANT AND EASEMENT FOR GLACIER PARK SHORT PLAT (File No. SHPL-125--89) This Covenant is made this day of , 1990, by the undersigned Owner of certain lland situated in the State of Washington, County of Ring, known as Glacier Park Short Plat, which is more particularly described un Exhibit A, attached hereto and incorporated herein by this reference as if it were set forth. Owner desires to create on the Glacier Park short Plat an attractive property and also desires to create a permanent open space for the benefit of the community, to provide for the preservation of the natural values and amenities on the property, and to provide for public enjoyment of the property. Therefore, Owner hereby covenants, agrees, and declares that Lot 1 as defined in Exhibit A will be held, sold, and conveyed subject to and burdoned by the following Covenant and Easement, which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Glacier Park Short Plat for the benefit of the Owners thereof and the public generally, and this Covenant and Easement shall be binding upon all parties having yr requiring any right, title, or interest in the Glacier Park Short Plat or any part thereof, and shall in all respects be regarded as covenants running with the land. 1. protective Covenant. Lot 1 shall remain in its native, undeveloped state, except as specifically provided in paragraph 2 below. No structure, building, or other improvement Shall be constructed in Lot 1, except as specifically provided in paragraph 2 below. The Covenant contained herein is intended to and shall run with the land for so long as Lot 1 is deemed to have significant value as a wetland or as wildlife habitat, according to any local, state or federal agency havirj jurisdiction over such matters. 2 . P iestrian Access and Water line Easement. Owner hereby grants and conveys to the City of Renton an easement for public pedestrian access purposes across the south 20 feet of Lot 1 together with the right to construct and maintain an accessway, pedestrian path, or other walks or paths, as may be necessary to effectuate the easement granted herein. Owner further grants and conveys to the City of Renton an easement to construct, operate, and maintain a water line within the - 1 - APR 02 '90 14:24 206 788 2645 DLIVALL r'• 4 feet of Lot 1. The City of Renton shall indemnify and hold harmless Owner, its successors or assigns, from any and all claims by any party arising out of the use of the easements granted herein, which easements shall inure to the benefit of the City of Renton and may not be amended or modified except by written agreement between the Owner, its successors or assigns, and the City of Renton. In witness whereof, the undersigned Owner has executed this Covenant and Easement the day and year first above written. GLACIER PARK COMPANY By! ItS STATX OF WASHINGTON ) ) sa. COUNTY OF ) On this day of , 1990, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be orClacier Park Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year rirst above written. N TAP PUBLICTn and for the State of Washington, residing at My commission expires 30121 $ - 2 - qw 03/29/1990 14:22 FROM HILLIS CLARK TO 2352513 P.01 L.tr othir. 1 .. • HILLIS (.: L A R K MARTIN & PETERSON • \Pr, Ser irr CorruNtion �I)t)(;,dl,m,l Kinhhtt`l'_'_I tii���+tt,i�\�,nu, � �� ,k•attic,ll/a,htn:ton t`t�ril.'12; REcE..iv l'ut )h?1-1'a; !'.n�nnth l2iu,l �AR2919% FACSIMILE TRANSMISSION C HEAROG DATE: 24 Nt \\ q0 TIME: '� 1 To: FAX NO. : 255 -- S.k 3 CONFIRMING NO. : FROM: 611,(\0 � NUMBER OF PAGES: (including this cover page) If you do not receive the correct number of pages, please contact Peter, Kathy, or _ VA at (206) 623-1745. We are transmitting from a Panafax UF-640. Thank you. MESSAGE: PooPtaA 40 RAtide-c 9A.0( tak caid Avdh4DoC1 Q ' " Client/Matter No. : itYP/ - 03/29/1990 14:22 FRUM HILLI5 CLARK IU 0 0 ?t ?'\� 91990 DRAFT v- �N.��N COVENANT AND EASEMENT kA 01.11•11FOR GLACIER PARK SHORT PLAT (File No. SHPL-125-89) This Covenant is made this day of , 1990, by the undersigned Owner of certain land situated in the State of Washington, County of King, known as Glacier Park Short Plat, which is more particularly described on Exhibit A, attached hereto and incorporated herein by this reference as if it were set forth. Owner desires to create on the Glacier Park Short Plat an attractive property and also desires to create a permanent open space for the benefit of the community, to provide for the preservation of the natural values and amenities on the property, and to provide for public enjoyment of the property. Therefore, owner hereby covenants, agrees, and declares that Lot 1 as defined in Exhibit A will be held, sold, and conveyed subject to and burdened by the following Covenant and Easement, which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Glacier Park Short Plat for the benefit of the Owners thereof and the public generally, and this Covenant and Easement shall be binding upon all parties having or requiring any right, title, or interest in the Glacier Park Short Plat or any part thereof, and shall in all respects be regarded as covenants running with the land. 1. Protective Covenant. Lot 1 shall remain in its native, undeveloped state, except aq specifically provided in paragraph 2 below. No structure, building, or other improvement shall be constructed in Lot 1, except as specifically provided in paragraph 2 below. The Covenant contained herein is intended to and shall run with the land for so long as Lot. 1 is deemed to have significant value as a wetland or as wildlife habitat, according to any local, state or federal agency having jurisdiction over such matters. 2 . Pedestrian Agsess and Water line Easement. Owner hereby grants and conveys to the city of Renton an easement for public pedestrian access purposes across the south 20 feet of Lot 1 together with the right to construct and maintain an accessway, pedestrian path, or other walks or paths, as may be necessary to effectuate the easement granted herein. Owner further grants and conveys to the City of Renton an easement to construct, operate, and maintain a water line within the - 1 - 03/29/1990 14:23 FROM HILLIS CLARK TO 2352516 H.03 feet of Lot 1. The City of Renton shall indemnify and hold harmless Owner, its successors or assigns, from any and all claims by any party arising out of the use of the easements granted herein, which easements shall inure to the benefit of the City of Renton and may not be amended or modified except by written agreement between the Owner, its successors or assigns, and the City of Renton. In witness whereof, the undersigned Owner has executed this Covenant and Easement the day and year first above written. GLACIER PARK COMPANY By Its STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of _ , 1990, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _ , to me known to be of Glacier Park Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. NOTARY PUBLIC in and for the state of Washington, residing at My commission expires . 30121 +i 2 - 03/29/1990 14:24 I-HUM H1LL15 LLHKK IU r.1U4 . FILE NO_ ------125-89 LUtdkA .)( 4 EXHIBIT A LOT I DESCRIPTION THAT PORTION OF LOTS l AND 6, BLOCK 7. PLAT OF BURLINGTON NORTHERN INDUSTRIAL PARK RENT;,N II, AS RECORDED IN VOLUME [II OF PLATS, PACES 42 THROUGH 44, :.EnRDS OF KING COUNTY, WASHINGTON. LYING NORTH OF THE FOLLOWING DESCRIEED LINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 1 WHICH LIES NORTH 01'.7.34" G LAC EAST 172.52 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 88'29'29" VEST PARALLEL TO THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 1204.25 FEET TO THE EAST LINE OF OAKESOALE AVENUE SOUTHIEST AND THE TERMINUS OF SAID DESCRIBED LINE. TOGETHER WITH THAT HALF OF BUeRLINGTON NORTHERN RAILROAD RIGHT-OF-WAY ADJOINING SAID DESCRIBED PORTION OF LOTS 1 AND 6, A5 QUIT-CLAIMED UNDER AUDITORS FILE NO. 8909110687. EXCEPT THAT PORTION OF SAID LOT 6. IN BLOCK 1, CONVEYED TO THE CITY OF RENToN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 8,06090701 AND AS CORRECTED BY RECORDING NO, 8308050568. LOT 2 DESCRIPTION ALL in LOTS 2 AND 5, BLOCK 7, FLAT OF BURLINGTON NORTHERN INDUSTRIAL PARK RENTON II, AS RECORDED TN VOLUME III nF PLATE PAGES 42 THYOL'N 44, RECORDS OF KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF LOTS 1 AND 6, BLOCK 7, OF SAID PLAT. LYING SOUTH OF THE FOLLOWING DESCRIBED LINE; BEGINNI.,C AT A POINT ON THE EAST LINE OF SAID LOT I WHICH LIES NORTH 01'47'34" EAST 172.52 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTH 88'29'29" iE5T PARALLEL TO TUE SOUTH LINE Of SAID LOT t, A DISTANCE OF 1204.25 FEET TO THE E#ET LINE OP OA1[ESDALE AVENUE SOUTHWEST. TOGETHER WITH THAT HALF OF BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY ADJOINING LOTS 2 AND 5 AND SAID DESCRIBED PORTION OF LOTS 1 AND 6, AS QUIT-CLAIMED UNDER 45 45 k DITORS FILE NO. 8909110687. tOGETHER WITH ALL OF SOUTHWEST 31ST STREET LYING WITHIN BLOCK 7 OF SAID PLAT, � J :XCEPT THAT PORTION OF SAID LOTS S AND 6. IN BLOCK 7, CONVEYED TO THE. CITY OP +ENI05 FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 8306090701 AND I (,{� 15 CORRECTED BY RECORDING NO. 8308050568. � AFPRo':ALS: q �0) EXAMINED AND APPROVED THIS• DAY OF T--, 1990. j -%:ARIMENT OF PUBLIC WORKS - -Al 0/ i-- L1 iNED AND APPROVED THIS — DAY OF , 1S90. ENG:.:'.ER M _..... . 14-5 • • . _..P.'.. c7D ,;..D AF7K.- ED YHis TOTAL P.04 i 1 i , 40 4glIr CITY OF RENTON HEARING EXAMINER Earl Clymer, Mayor Fred J. Kaufman March 14, 1990 Gerry Adams Seattle Audubon Society 28803 NE Big Rock Road Duvall, WA 98019-6414 Dear Mr. Adams: This letter is in response to your request of February 23 , 1990. I apologize for the delay, but in order to respond appropriately to the "Motion to Compel Production of Documents" I needed to research the matter. As you may be aware, this office lacks subpoena power. Therefore, any documents you wish to obtain may first be requested as 'a general matter from the appropriate department, or second, they must be requested under the Public Disclosure Act. This office sees no reason to object to your request to modify the appeal and it is granted. Again, I apologize for the delay and would entertain a motion to continue the matter if this delay has interfered with your preparation for this appeal. If this office can be of any further assistance, please feel free to write. Sincerely, - /614-6---____ FRED J. FMAN HEARING EXAMINER FJK/dk cc: Earl Clymer, Mayor Brent McFall, Administrative Assistant Jeanette Samek-McKague, Senior Planner Don Erickson, Zoning Administrator 200 Mill Avenue South - Renton, Washington 98055 - (206, 235-2593 AFFIDAVIT OF PUBLICATION 510 6 7 Lynn Rainey ,being first duly sworn on oath states that he/she is the Chief Clerk of the VALLEY DAILY NEWS • Kent Edition • Renton Edition • Auburn Edition Daily newspapers published six (6) times a week. That said newspapers NOTICE OF PUBLIC HEARING are legal newspapers and are now and have been for more than six RENTON HEARING EXAMINER months prior to the date of publication referred to, printed and published RENTON, WASHINGTON in the English language continually as daily newspapers in Kent, King A Public Hearing will be held by the lar County, Washington. The ValleyDailyNews has been approved as a legal mes Renton Hearing Examiner Chambers at his o the Y g PP g meeting in the Council on the newspaper by order of the Superior Court of the State of Washington for Second Floor of City Hall, Renton, Wash- King County. ington, on March 20, 1990, at 9:00 a.m. to consider the following petitions: Appeal of an administrative decision of The notice in the exact form attached, was published in the Kent Edition the Environmental Review Committee to , Renton Edition XX , Auburn Edition (and not in issue a Determination of Non-Significance without mitigation measures for the Glacier supplement form) which was regularly distributed to its subscribers Park Short Plat (Ref. File SH.PI.-125-89), during the below stated period. The annexed notice a Public Notice file AAD-011-90. Legal descriptions of the files noted above are on file in the Renton Community (Hearing). R 4 0 3 2 Development Department. All interested persons to said petitions are invited to be present at the Public Hear- was published on Ma r r•h 9 , 1 9 9 0 ing on March 20, 1990, at 9:00 a.m. to express their opinions. Published in the Valley Daily News The full amount of the fee charged for said foregoing publication is the March 9, 1990. R4032. Acct. #51067 sum of$ 19 _9 5 (411A., (,277T--- .6t-tq--. Subscribed and sworn before me this 9th day of March 19 90 ,...9/ 7 _, —,. Notary Public for the State of Washington residing at Auburn, King County, Washington VDN#87 Revised 4/89 33ea-ttie duben 111: ? „), 33ocetp FEB 2 6 1990 Ciry Washington Nonprofit Corporation tlEAFUNG E T®N 619 Joshua Green Building • Seattle, WA 98101 • 206/622-6695 EXAMINER February 23 , 1990 • Mr. Fred J. Kaufman Hearing Examiner Sixth Floor 200 Mill Avenue South Renton Washington 98055 Re: AAD-011-90 SEPA Appeal of Glacier Park Short Plat 125-89 Dear Mr. Kaufman: I have discussed this matter with Jeanette Samek-McKague of the City of Renton Community Development Department and Linda • Hoffman of Glacier Park .Company.. We have agreed. that some of the issues brought on this appeal may be more appropriately considered during the review process currently ongoing under Alaska Distributors SA .128-89. Therefore I request that you allow Seattle Audubon Society _to amend our appeal in the following manner: 1. Delete the section captioned "PROPOSED FILLING OF THE WETLAND ON THE SOUTHERN LOT: " , 2 . Delete the section captioned "BUFFERS: ", 3 . Delete the section captioned "RECREATION: " . Also enclosed is our request to consider a MOTION TO COMPEL PRODUCTION OF DOCUMENTS in this matter. Please understand that we are not having difficulty dealing with agency staff on this matter. There is however a policy that staff contends precludes our request from being granted. 1 I will be available to appear for oral argument if you require. Respec ful submitted, Gerry Adams Mail all correspondence to: Seattle Audubon Society 28803 NE Big Rock Road (206) 788-9209 Duvall , WA 1198019-6414 ¢ BEFORE THE HEARING EXAMINER ?fir - ECEIVE CITY OF RENTON ti Re: AAD-011-90 FEB 2 6 7990 SEPA Appeal of Glacier Park Short Plat 125-89 CITY ��, MOTION TO COMPEL PRODUCTION OF DOCUMENTS HEXING FMB 4.4vTON On or about February 9, 1990 a representative. .of- our organization appeared in person to view the file maintained by the City of Renton regarding this matter. The file was produced and while our representative was reviewing the contents of the file an unidentified City employee retrieved the file and later returned it without some of the- documents that it previously contained. It appears that the documents removed were staff notes pertaining to this matter. Our represenative did have an opportunity to view portions of those documents and noticed certain notations that may support our appeal . On February 13, 1990 Seattle Audubon Society formally appealed the threshold determination of nonsignificance in this matter. On or about February 15, 1990 I personally discussed our request to view those documents with Jeannette Samek-McKague. She explained that it was City policy to not allow review or copying of the staff notes . These staff notes reflect a part of the environmental review process that is typically conducted by an agency with consultation by the proponent and by not requiring provisions . for notification excludes participation by the public. It is arguable that an agency may purposely exclude the public from that portion of the process . However, a SEPA appeal has now been filed in this matter and a hearing date has been set for March 20 , 1990 . We now hold that a right exists to review and copy the staff notes and any other documents maintained by the City pertaining to this matter regardless of where those files are kept . The right to access to these documents stems from two aspects- the right to public review of the environmental review process and the right of the appellant to have production of documents and things in preparation for hearing. The result of not producing the requested information will seriously affect the record of the hearing proceedings . Such an effect would carry over to the courts if any aggrieved party should seek judicial review. Court Rules would provide for this production under provisions governing discovery but not for a matter reviewed on the record. In order to provide a complete record of the hearing proceedings complete disclosure of the information requested essential . WE REQUEST that the Hearing Examiner require the City of Renton to produce the above mentioned documents and information in a timely manner to allow preparation for the hearing. FURTHER we request that the City of Renton produce the documents - i and information without charge, by mail , pursuant to._WAC 197-11- 504 (2) . Seattle Audubon Society is a public interest organization with limited resources . We will (juarantee that any costs for production of this information will be paid if required to do so. Respectfully submitted this '2- 3 day of February, 1990 . 1111-AjO Gerry Adams Seattle Audubon Society 28803 Northeast Big Rock Road Duvall , WA 98019-6414 V- (206) 788-9209 • � . ��.�~w�u�`m��'«��m FEB - � ���/ C� MY OF 0M Washington Nonprofit Corporation ay Joshua Green Building " Seattle, m&pumz ° zoo16ez*oy February 12, 1990 Fred J. Kaufman, Hearing Examiner City of Renton 200 Mill Avenue Renton , WA 98055 RE: Glacier Park Short Plat , SEPA Appeal . File Vo. SH PL-125-89 Dear Mr. Kaufman, The Seattle Audubon Society is comprised of over ,500 members and is incorporated as a non-profit orgamization under| the la'ws of the State of Wasbington. The Society is dedicated to the protection, preservation, and enjoyment of wildlife plants and thosir supporting habitats and. to the wise use of� natural resources. We are concerned, about environmental issues througAout King County including the City of Renton-. � The "Renton Wetland" located southeast of L.ongacries, is a. wetland complex of regional significance. Few -areas L-Ci Llivalent to -the Renton Wetland remain in the entire Green Riv r valley. The d provid. es habitat for many species of wildlifev including imigratory waterfowl , raptors and song birds. The wlet'land is listed on the US Fi'sh and Wildlife 'National Inventory a1hd US Army Corps of Engineers Wetland Inventory. The Qzty of Renton Wetland Study (dated February 1981 ) ranks the wetland as ih,e second most important tl � i | wetland- n the �z�y� The Mzv�� of Green 'Study rates the wetland as having "high" habitat value. In the past , significant port±mmso-( the wetland have been fill fbr commaer�i�� deveIopment. The City of Renton is currently processing the Glacier Park short plat (SH PL 125-89) ~ The proposed short ' plat t�� x property where a -significant portion � the Renton-- ` /x ur wetland was filled. While the southern portion of the proposed short plat property contains fill material , most of the northern po-tion does not Th*�ra�f the ~ - Renton .._-__..~ rem ins relatively undisturbed within the northern po�tioh of the pr� northern Applicant Proposes to rep16,t 'the property into two lots. The t woulci _~..^.^.. the ..�"`tu`� Wetland portion of property. ^'^~~ �� __--_ .. ^.^ _""^= �`"/tuin the portion on of the l � - property which has been fi� e ' The proposed n lot -also contains another wetland area approximately 1. 1 ac'T -'�'-- insize which has -become established on the fill area. Springbrook Creek, a fish bearing stream, flows immediately &dJacent to the eastern bo4ndary of the proposed - iv?. sicm. Our conservation committee has reviewed the City 's Determination of Non-Significance (DNS) for the proposed short, plat and has the following concerns. FUTURE DEVELOPMENT OF THE NORTHERN LOT: The proposed boundaries of the northern lot contains only wetland. If the northern lot is considered a non-buildable lot, then specific language must be included with the final recording of the subdivision designating the lot as "non-buildable". This designation could be accomplished by recording a permanent Native Growth Protection Easement or Conservation Easement on the lot. If the northern lot is considered to be buildable, then the boundaries of the lot should be expanded to provide a suitable non- wetland building area. If a building site is not provided by the subdivision, a future owner of the northern lot may propose to fill the wetland to provide "reasonable" use of the land. The Seattle Audubon Society recommends that mitigation be added to the DNS, requiring a permanent protective easement be recorded over that portion of the subdivision which contains the Renton Wetland. If the northern lot is considered available for future development, then the boundaries of the lot must also be expanded to provide a suitable non-wetland building area. Failure to require this mitigation will result in a probable and significant impact to the environment. J PROPOSED FILLING OF THE WETLAND ON THE SOUTHERN LOT: It is apparent on the site plan that the applicant proposes to fill the majority of the 1. 1 acre wetland currently located on the southern portion of the property. If filling is allowed , mitigation must be provided. If filling of the southern wetland is permitted, the boundaries of the northern lot should be expanded to include an equivalent excavation of existing fill out of the Renton Wetland area. Failure to require this mitigation will result in a probable and significant impact to the environment. DUFFERS. • The Renton Wetland and Springbrook Creek both contain species of fish and wildlife which are sensitive to disturbance and changes in water quality. Mitigation in the form of permanent buffers must be recorded on the those portions of the lots adjacent to the wetland and the stream. Failure to require this mitigation in the form of permanent buffers will result in a probable and significant impact to the environment. RECREATION: A 20-foot wide pedestrian easement currently exists within the proposed subdivision. The easement allows for a future pedestrian link to the City`s trail system. The proposed short plat will eliminate the pedestrian easement. Failure to replace the pedestrian easement will result in a probable ' and significant impact to the environment. Since the City included no mitigation in its declaration, the Seattle Audubon Society formally appeals the current Determination of Non-Significance. The Seattle Audubon Society continues to be sincerely concerned about the potential impact the proposal may have on the Renton Wetland, Springbrook Creek, and their associated wildlife. We are hopeful that the items raised in this letter will be addressed with addition mitigation. Sincerely, • Ger Adams Vice President • CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE ENVIRONMENTAL CHECKLIST NO.: ECF-125-89 APPLICATION NO(S): SH PL-125-89 PROPONENT: KPFF Consulting Engineers PROJECT NAME: Glacier Park Short Plat DESCRIPTION OF PROPOSAL: Application for approval of a short application to allow the replat of four (4) industrial lots into two (2) industrial lots on 25.5 acres of property. The subject property includes environmentally sensitive lands (wetlands). i LOCATION OF PROPOSAL: Property located in the 31'000 to 3300 Block of Oakesdale Avenue S.W. LEAD AGENCY: City of Renton Community Development Department Current Planning Division The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public upon request. • Any interested party may submit written comments, or may appeal the above determination within fifteen (15) days of the determination date. Written comments or appeals will be accepted until f5_`00`j?wm Tues ay•1r0bruary>13?'1J907tAppeals should be specific and shall set forth the reasons why the particular environmental determination should be reversed. Appeals shall be filed with the Renton Hearing Examiner, Municipal Building, 200 Mill Avenue South, Renton, WA 98055, within the fifteen (15) day comment/appeal period. All appeals must accompanied by a non- refundable $75.00 filing.fee. Responsible Official: Environmental Review Committee c/o DonErickson, Zoning Administrator Current Planning Division Community Development Department 200 Mill Avenue South • Renton, WA 98055 You should be prepared to make specific factual objections.: Contact City of Renton, Community Development Department, Current Planning Division to read or ask al?out the procedures for SEPA appeals. PUBLICATION DATE: January 29, 1990 DATE OF DECISION: January 24, 1990 SIGNATURES: • genneth E, Nyberg, Director Community Development Department \v1 1WVI1( Lynn A+ ttmann, Directo Public Works Department / ~ . - ' | / | CD /'/�_ CI[Y OF RENTON — CITY TREASURER 02-13-1990 2:18 nm oz-vn2/- / CASHIER ID: I === AMOUNT 8000 MIS E $75^00UEARING EXAMINER FEE ^ 000.000.00.338.58.00.0000 -------------- TOTAL DUE $75 00 " RECEIVED FROM: ~ KAETHE S K BARTON !| | CHECK $7 -5.00 1 ----------- -- | TOTAL TENDERED $75.00 -------------- CHANGE DUE $0.00 ! ====================================== / |� ' | � � / | � ' | / | / �