HomeMy WebLinkAboutC_Shoreline_Permit_Status_LUA15000257_181205.pdfDecember 5, 2018
David Shaw, Capital Projects Manager
King County Parks
201 S Jackson St, Suite 700
Seattle, WA 98104-3855
SUBJECT: Shoreline Substantial Development, Variance, and Conditional Use Permit Status
Lake to Sound Trail Segment A / LUA15-000257
Dear Mr. Shaw,
The City of Renton (City) Department of Community and Economic Development has received your inquiry into the status of the Shoreline Substantial Development, Variance, and Conditional
Use Permits that were approved by the City’s Hearing Examiner on March 2, 2016 and subsequently received approvals from the State Department of Ecology (DOE) with an effective date
of filing of April 7, 2016. The revised two-year time requirement to commence construction now concludes on July 20, 2020 based on the findings of this letter.
The proposal, known as Lake to Sound Trail Segment ‘A’, is a multi-use recreational trail that would traverse the Black River Riparian Forest, currently managed by the City’s Community
Services Department, and connect to the Green River Trail in Tukwila. Pursuant to Renton Municipal Code (RMC) 4-9-190J.6 construction activities related to a shoreline permit must commence
within two years of the effective date of filing. No construction activities related to this shoreline permit have commenced as of the date of this letter.
King County Parks (applicant) and the Community Services Department began negotiating an Inter-local Agreement (ILA) that would establish roles and responsibilities, design, construction,
operation, and long-term maintenance of the Renton segment of the Lake to Sound Trail on approximately August 7, 2016, four months after the DOE filing date. Additionally, the applicant
submitted a civil construction permit application on December 29, 2016 and building permit applications on May 15, 2017 for the proposed trail improvements. The applicant continued
with the permitting process while actively negotiating the ILA. However, the permits could not be issued by the Department of Community and Economic Development until the City Council
authorized the Mayor and City Clerk to enter into the ILA. The ILA (Resolution No. 4358) was passed by the City Council and approved by the Mayor on November 19, 2018.
The effective date of the shoreline permits occurred on April 7, 2016. Pursuant to WAC 173-27-090(4) the permit time period that requires construction activities to commence within two
years of the effective date does not include the time needed to obtain any other government permits and approvals that would authorize the development to proceed. The authorization
from the City Council to enter into an ILA qualifies as a government approval needed for the development to proceed and therefore the time period between the negotiations to the adoption
of the ILA resolution is excluded from the two year standard period of validity of RMC 4-9-190J.6.
The ILA negotiations began approximately August 7, 2016, or four months following the date of filing, which effectively stopped the two-year clock. Therefore, the two-year date to commence
construction activity shall have started retroactively on the Resolution No. 4358 adoption date, November 19, 2018. The revised two-year time requirement to commence construction now
concludes on July 20, 2020, or one year and eight months from the adoption of Resolution No. 4358.
Please contact me at (425) 430- or mherrera@rentonwa.gov should you have any questions regarding this letter
Sincerely,
/
Matt Herrera, AICP
cc: Misty Blair, Senior Shoreline Planner, Washington Department of Ecology, misty.blair@ecy.wa.gov
Washington State Attorney General
Moira Carr Bradshaw, Senior Planner, City of Tukwila
Karen Walter, Muckleshoot Indian Tribe
Cailin Hunsaker, Parks and Trails Director
Rohini Nair, Civil Engineer III
Parties of Record: Suzanne Krom, Herons Forever
Kate Stenberg, Herons Forever
Jenny Bailey, Parametrix
Jason Rich, King County Parks