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HomeMy WebLinkAboutRS Wetland Assessment Revised April 3, 2018 Seattle Area Plumbing and Pipefitters Industry Journeyman & Apprentice Training Trust ATTN: Ed Kommers, P.E. 1100 Olive Way Seattle, WA 98101 Re: Binding site plan permitting assistance 595 Monster Road Dear Mr. Kommers: At your request, Ecological Solutions has evaluated the City of Renton (City) code provisions pertaining to the proposed binding site plan of the Seattle Pipe Trades property located at 595 Monster Road SW in Renton, Washington. Specifically, Renton Municipal Code (RMC) examination included RMC 4-3- 050B.1.g Sites Separated from Critical Areas, Nonregulated and RMC 4 -10-090 Critical Area Regulations – Nonconforming Activities and Structures as suggested by City Planner Ms. Jill Ding. Before addressing these code provisions, however, I first explore d the possibility that the identified wetlands are not regulated wetlands. Rather, aerial photographs and the wetland assessment prepared by J.S. Jones and Associates, Inc. (J.S. Jones) dated March 25, 2009 indicate the wetlands are constructed stormwater management facilities (i.e., artificial wetlands). Per the definition of wetlands in RMC 4-11- 230 W: “Wetlands do not include those artif icial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wet lands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.” As you know, the new building being constructed is vested to the RMC in place at the time permits were submitted as part of applications to build the new building now being constructed. The City has confirmed that this is the case. However, the process o f proposing a short-plat application for placing the new building into Lot 2 is subject to the current RMC. If the existing wetland south of the new building is determined to be a regulated wetland, this would require placing the required buffer and wetland in a separate Native Growth Protection Area (NGPA) tract. Since the requirement to establish an NGPA tract would not be required if the wetland is determined to be a constructed stormwater management facility (i.e., non-regulated), evidence is provided first to make this case. Then the RMC provisions stipulated in 4-3-050B.1.g Sites Separated from Critical Areas, Nonregulated and RMC 4 -10- 090 Critical Area Regulations – Nonconforming Activities and Structures are explored. Seattle Area Plumbing April 3, 2018 Page 2 CONSTRUCTED STORMWATER MANAGEMENT FACILITIES Existing studies conducted to support permitting of the expansion of the Seattle Pipe Trades facilities at 595 Monster Road and historic aerial photographs indicate that both the north and south wetlands at the site are constructed stormwater management facilities. Three studies, two wetland investigations and a biological assessment were reviewed. Wetland Resources, Inc. (Wetland Resources) prepared a wetland determination for the two parcels encompassing the wetlands (King County p arcels 2423049122 and 2423049123). The Wetland Resources, Inc. (Wetland Resources) report is dated September 8, 2014 and was presumably conducted because the findings in the original wetland investigation conducted by J.S. Jones and Associates, Inc. (J.S. Jones) produced in March 2009 were no longer valid. According to RMC, wetland studies are valid for a period of five years, unless extended by the Director. The third document that was reviewed was the biological assessment prepared by J.S. Jones in 2015. Both of the J.S. Jones reports and the Wetland Resources report make reference to the history of past disturbance and constructed features including the currently operating railroad to the west of the site, dikes, and artificial berm. I observed steep side slopes adjacent to both the north and south wetlands during my site visit on October 23, 2017, which is consistent with constructed stormwater management facilities. J.S. Jones 2009 report states in the second paragraph on page 5 of that wetland assessment that “Wetland A has an artificial berm that divides the pond into two cells.” Berms are a common constructed feature in two- celled stormwater management facilities. Examination of publicly available aerial photographs and King C ounty assessor’s records are informative in establishing historic conditions, development of existing structures on and adjacent to the expansion site, and provide clear evidence that the wetlands are constructed stormwater facilities. Below is a timeline of development on and adjacent to the site and references to aerial images in Attachment A that clearly document and support the notion that both the north and south wetlands were constructed for stormwater management.  1936 aerial – Site is effectively drained, undeveloped farmland with no apparent wetlands in the vicinity of existing ponds;  1954 aerial – Site remains undeveloped farmland with no apparent wetlands in the vicinity of existing ponds;  1956 – Graphic Packaging International building to the northeast of the expansion site is constructed at 601 Monster Road SW (Parcel 2423049008);  1980’s National Wetland Inventory Map – No wetlands are identified in the NWI map, which is based on aerial imagery from the 1980’s, in the vicinity of the existing ponds;  1990 aerial – Forested areas have developed in areas previously in agriculture where the existing ponds are now but there is still no evidence of any ponds; Monster Road LLC building to the north of the site is constructed (not visible in aerial) at 555 Monster Road SW (Parcel 2423049120);  1996 – Seattle Area Plumbing and Pipefitting building is constructed at 595 Monster Ro ad SW (Parcel 2423049122);  1998 aerial – North and south ponds (wetlands) are now present as is the new Seattle Area Plumbing and Pipefitting building; the “artificial berm” separating the two cells in the south pond is clearly visible; Seattle Area Plumbing April 3, 2018 Page 3  1999 – PPF Industrial building due east of “Wetland A” is constructed at 951 Monster Road SW (Parcel 2423049121) This construction timeline and chronosequence of aerial photographs indicate that both the north and south wetlands are constructed stormwater management faciliti es. In addition, City of Renton stormwater utility maps show stormwater runoff from the Monster Road LLC building and associated development at 555 Monster Road SW is directed to the north pond and stormwater runoff from 951 and 1201 Monster Road SW developments are directed to the south pond (Attachment B). Despite the clear aerial photographic documentation showing the ponds are constructed stormwater management facilities and not natural wetlands, the 2014 Wetland Resources report identifies both the north and south ponds as Wetland B and Wetland A, respectively. Wetland Resources indicates that “Given the high level of historical disturbance and human-related hydrologic alterations, such as diking, both wetlands are rated as Category 3 based upon the Renton Municipal Code (RMC) 4 -3-050(M)(1)(a).” The authors do not identify the buffer required by RMC for the Category 3 wetland. Current RMC now follows a four-tiered wetland classification scheme and uses a new wetland rating system adopted by the Washington State Department of Ecology in 2014. It is likely that the standard buffers have increased since previously authorized development was lawfully completed. Assuming the north and south ponds are rated Category III using the current rating system and have low habitat function scores (3-4 points), the standard would be 75 feet. In addition, there is typically a 15 foot building setback from the edge of the buffer. Under the existing RMC, portions of the built environment (e.g., the existing parking) are within the standard buffer. Regulatory Implications If the City agrees that the wetlands are constructed stormwater facilities as the evidence provided suggests, the wetlands would not be regulated. Consequently, no separate tract would be required. If the wetlands are regulated then the binding site plan is subject to the current RMC provisions evaluated below. CURRENT RMC The first of two sections of RMC Ms. Ding suggested should be examined is RMC 4 -3-050.B.1.g. - Sites Separated from Critical Areas, Nonregulated and the second section is RMC 4-10-090 – Nonconforming Activities and Structures. Per 4-3-050.B.1.g.i., the wetland within proposed Lot 2 of the binding site plan is separated from the lawful expansion (improvements) of the Seattle Area Plumbing and Pipefitting building. This includes the new parking area for that facility. Per 4.-3-050B.1.g.ii, the developed areas within that lawful expansion prevent or impair delivery of most, if not all, functions from the improved uplands which are composed of impervious surfaces, to the wetland. As such, the buffer for the wetland required to be protected in an NGPA would end at the edge of the parking area for the lawfully built expansion. Regarding application of RMC 4-10-090, the expansion was lawfully completed and vested to an older version of the RMC. As such, the completed, permitted expansion becomes a legal non -conforming activity and structure relative to the new critical areas regulations and this section as: Seattle Area Plumbing April 3, 2018 Page 4 1) The proposed binding site plan does not expand, change, enlarge or alter in any way infringement on the wetland or standard buffer required by RMC 4 -3-050; 2) As the proposed binding site plan does not involve ongoing agricultural uses, subsection 2 of this section is not applicable; 3) Subsection 3 of this section is not applicable to the proposed binding site plan; 4) The proposed binding site plan to place the legal expansion into a separate lot (Lot 2) does not appear to constitute an activity or adjunct thereof that is, or is likely, to become a nuisance and thus is entitled to continue as a nonconforming activity under Subsection 4 of this section. If Wetland A and Wetland B are considered regulated features, existing land uses would be considered lawful non-conforming use per the RMC sections discussed here. Consequently, the buffer of the wetland would end at the developed edge of the parking area. Landscaped areas within the buffer and the wetland would be placed in a separate NGPA as part of the binding site plan. No work is proposed in the buffer of either wetland and buffers are being maintained. Existing fencing will remain in place to reduce potential intrusion into and adverse impacts to the buffers. Periodic maintenance of the fence may be required to keep the fence functioning. There would be no buffer encroachment as a result of the proposed binding site plan. Rather existing land uses would remain lawful non -conforming uses per RMC. Seattle Area Plumbing April 3, 2018 Page 5 CONCLUSIONS Evidence provided indicates the two wetlands are constructed stormwater management facilities and , as such, are not regulated as wetlands and subject to the provisions of RMC 4 -3-050. Natural wetlands do not contain “artificial berms” or regular-shaped, steep slopes. However, this finding is preliminary and subject to confirmation by the City. If the City confirms this finding, the south wetland would not need to be placed in a separate NGPA tract as part of the proposed binding site plan. In the event that the City does not confirm this finding, then the south wetland is a regulated feature that would be placed in a separate NGPA tract as part of the proposed binding site plan. The buffer of the wetland would end at the edge of the parking area and pavement constructed as part of the expansion of the Seattle Area Plumbing and Pipefitting facilities lawfully constructed under the old code to which that project was vested. The buffer and the wetland as mapped in the previous wetland investigations would then become a separate NGPA tract as part of the proposed binding site plan. There would be no changes in the buffers as a result of the proposed binding site plan. Instead, existing land uses would remain lawful non-conforming uses. If I may provide any clarification on information provided in this report, please do not hesitate to contact me at (206) 841-3801 or by electronic mail at ecologicalsolutions@seanet.com. Sincerely, ECOLOGICAL SOLUTIONS, INC. SCOTT LUCHESSA Certified Ecologist, M.S. Attachments: Attachment A – Aerial Photographs Attachment B – City of Renton Stormwater Management Utilities ATTACHMENT A AERIAL PHOTOGRAPHS 1936 aerial – showing agricultural land uses in the areas of the two identified wetlands. (Source: aerial, parcel boundaries and topography from King County iMAP website). Parcel 2423049122 1954 aerial – showing agricultural land uses in the areas of the two identified wetlands. (Source: King County Road Services Map Vault website). 1980s mapped wetlands – National Wetlands Inventory Map showing the absence of any wetlands in the vicinity of the two existing ponds based on1980s aerial imagery (Source: NWI Mapper). 1990 aerial – showing Graphic Packaging International building constructed in 1956, the railroad spur, and forested areas but no ponds (wetlands) (Source: aerial image Google Earth). Graphic Packaging International Constructed 1956 1998 aerial – showing the Seattle Plumbing and Pipefitting building and the two identified wetlands. (Source: aerial, parcel boundaries and topography from King County iMAP website). Two-celled constructed stormwater facility Seattle Plumbing constructed 1996 2000 aerial – showing the PPF Industrial building constructed in 1999 and the two identified wetlands. (Source: aerial, parcel boundaries and topography from King County iMAP website). PPF Industrial constructed in 1999 ATTACHMENT B CITY OF RENTON STORMWATER MANAGEMENT FACILITIES