Loading...
HomeMy WebLinkAboutSR_Ecology_2018-NW-4492_May_Creek_CUP_Staff_Memo_190125.pdf2018-NW-4492 – May Creek Trestle CUP Page 1 of 11 To: Joe Burcar From: Misty Blair Date: January 25, 2019 Ecology Shoreline Permit Review: Shoreline Permit: #2018-NW-4492 (CUP#1307) Issued by: City of Renton, Community & Economic Development Department Issued to: Chris Erickson, King County Department of Natural Resources and Parks (DNRP) Local Permits: LUA18-000421 Site Description: The project site is located on King County parcel number 3224059005 within the City of Renton. The site contains a stream (May Creek), Floodway (FEMA Zone – AE), 100-Year Special Flood Hazard Area High, Seismic Hazard Area, and is located within the Urban Conservancy shoreline environment designation of May Creek Reach A. The project area is located approximately 840 feet from the shoreline of Lake Washington in along May Creek (Reach A). The May Creek trestle is located above May Creek, approximately 300 feet north of N 41st St, just west of Lake Washington Blvd N. The project is located in the Residential-10 (R-10) zone. The site can be accessed by the trail connecting the trestle via N 41st St. 2018-NW-4492 – May Creek Trestle CUP Page 2 of 11 Project Description: The applicant, King County Department of Natural Resources and Parks, Parks and Recreation Division, is requesting Environmental (SEPA) Review and a Shoreline Administrative Conditional Use Permit to complete an expansion of existing over-water trail at May Creek. The May Creek Trestle Rehabilitation Project includes the repair and retrofit of the existing May Creek trestles for use as a King County trail bridge. The bridge was historically used as a railroad bridge and currently still supports railroad tracks. The bridge is planned to become a part of the multi-use Eastside Rail Corridor (ERC) in Renton. The May Creek trestle is approximately 60 feet long and 13 feet wide and is composed of timber piles/columns, steel pile caps, timber stringers, timber railroad ties and steel railroad tracks. The bridge has defects and is deteriorated and requires repairs and retrofits to provide an extended lifespan and continued use. Trail approaches would be re-graded with existing material. The project would involve approximately 21 cubic yards (CY) of excavation for removal of the timber back walls and wing walls and there would be approximately 21 CY of replacement fill, consisting of new timber back walls and gravity block walls. There would also be approximately 20 CY of temporary fill for the construction entrance. The project would occur above the ordinary high water mark (OHWM) to repair portions of the trestle that span the stream. Two piles are proposed to be repaired, using only hand tools and personnel (no motorized equipment), within the OHWM. A small crane/excavator would be positioned in the ERC right-of-way to allow for materials to be transported to and from the bridge deck. Work would occur above the stream to remove timber ties and tracks and to install new decking and railing. 2018-NW-4492 – May Creek Trestle CUP Page 3 of 11 City of Renton Shoreline Permit: On April 13, 2018, the City issued a Shoreline Exemption authorizing the repair and retrofit of two (2) recreational pedestrian trestle bridges, the May Creek and Ripley Lane, which are planned to become part of the multi-use Eastside Rail Corridor Regional Trail. This exemption from the Shoreline Substantial Development Permit process authorized the following repair and maintenance activities at the May Creek trestle location:  Pile and cap beam repairs  Removal of existing rotten timber wing walls and end walls  Grading necessary for temporary access to the bridge  Removal of existing timber railroad ties and steel railroad tracks  Installation of new decking and railing on the existing trestle According to this Certificate of Exemption (LUS18-000214), the new bridge would have a smaller footprint and all work will incorporate best management practices including the reseeding or replanting of any disturbed areas and the use of debris platforms to catch any falling debris. On October 22, 2018 the City of Renton Environmental Review Committee issued a SEPA Determination of Non-Significance - Mitigated (DNS-M) for the May Creek Trestle Project. The DNS-M included one mitigation measure related to traffic requiring a temporary alternate/detour route and a traffic control plan. Ecology did not comment on this SEPA determination and no appeals were filed. On December 3, 2018, the City approved an Administrative Shoreline Conditional Use Permits (CUP) authorizing the expansion of this overwater trail use. The bridge has been historically used as a railroad bridge and currently still supports railroad tracks. The bridge is planned to become a part of the multi-use Eastside Rail Corridor in Renton. The Eastside Rail Corridor is a 42-mile rail corridor that stretches from Renton to Snohomish, the Eastside Rail Corridor passes through Renton, Bellevue, Kirkland, Woodinville, Redmond, and portions of unincorporated King and Snohomish counties. The City found that the use of the May Creek Trestle as part of the Eastside Rail Corridor trail system is an expansion of the existing trail use. Therefore according to Renton Municipal Code (RMC) Shoreline Master Program Regulations 4-3-090E.1, shoreline use table, an Administrative Shoreline Conditional Use permit is necessary to authorize the expansion of this over-water trail use. According to Policy SH-31 Table of Public Access Objectives by Reach, as provided below, public agency actions to improve public access should include enhanced public views: 2018-NW-4492 – May Creek Trestle CUP Page 4 of 11 The City’s decision was provided to Department of Ecology (Ecology) for final decision on the CUP; application materials for this project were received and determined complete on December 19, 2018. The following submittal materials were received by Ecology:  Permit Data Sheet and Transmittal Letter, dated 12/18/2018  City of Renton Department of Community and Economic Development Administrative Report & Decision, LUA18-000421, May Creek Trestle Project, dated 12/3/2018 - with portions of Exhibits 1-23  City of Renton Land Use Permit Master Application, received by the City of Renton 6/21/2018  Project Narrative, Otak, received by the City of Renton 6/21/2018  Plan set, ERC – May Creek Trestle, sheets C-1, C-2, E-1, E-2, S-1, S-2, S-3, S-8, & S-9, dated 3/22/2018 Recommendation: Based on review of the City of Renton’s administrative decision (File # LUA18-000421) and consideration of the Conditional Use Permit Criteria from WAC 173-27-160 (below), I recommend that the Department Conditionally APPROVE this CUP. Ecology’s role in approving, approving with conditions, or disapproving this proposal is limited to those project components requiring a conditional use permit. In this case, the applicant has applied for a conditional use permit for the expansion of the use of this over-water trestle as part of the larger Eastside Rail Corridor project. The following conditions of approval are recommended to ensure the project is consistent with the City of Renton SMP over-water trail design regulations and the no net loss of ecological function standard: 1. The applicant shall provide an analysis of how the over-water trail design proposed meets the requirements of Renton Municipal Code (RMC) 4-3-090E.10 (d) and provide revisions, as necessary to meet these standards. This shall be submitted to Ecology for review and approval prior to the issuance of construction permits. 2. The applicant shall demonstrate mitigation sequencing related to the expansion of this over-water trail use, including an analysis of shade impacts associated with the installation of solid surface decking. Proposed mitigation measures should be implemented consistent with the Eastside Rail Corridor EIS. This shall be submitted to Ecology for review and approval prior to the issuance of construction permits. I have assessed the proposal’s consistency with the conditional use criteria as set forth in Chapter 173-27 and find the following: CONDITIONAL USE: WAC 173-27-160 (1) (a): That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; RCW 90.58.020 provides, in part, the following: It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto. 2018-NW-4492 – May Creek Trestle CUP Page 5 of 11 RCW 90.58.020 further gives priority to shoreline recreational uses which improve or facilitate public access and projects that provide an opportunity for substantial numbers of the people to enjoy shorelines of the state. The project area is located within the Urban Conservancy and adjacent Aquatic shoreline environment designations identified as May Creek Reach A. Consistent with the above referenced sections of RCW 90.58.020, the proposed May Creek Trestle rehabilitation project expands the public trail use and provides additional opportunities for a substantial number of people to access the May Creek shoreline as part of this larger Eastside Rail Corridor Trail System. While the proposed public access recreational use of this abandoned rail corridor supports the policies of RCW 90.58.020, the project design does not appear entirely consistent with the City’s Trail Regulations (RCM 4-3-90E.10 Transportation subsection d.). While the project does provide public access on or near the water and over-water structure does include a key link to the trail system which must cross May Creek. Specifically, the following project components do not appear consistent:  The project converts the timber rail trestle to a solid surface concrete panel decking without avoiding, minimizing, and mitigating for the increased shading impacts.  It is unclear how preservation or improvement of the natural amenity (May Creek) was considered in the design of this trail use expansion project.  The trail width has not been narrowed in this highly sensitive area to minimize the physical impacts of the trail. In lieu of this, the applicant has not offered other alternatives such as vegetation enhancement or fewer pile within the stream channel to otherwise minimize the impacts of this use expansion on the surrounding shoreline ecology. As such, conditions of approval are recommended to ensure the project design is consistent with the shoreline master program requirements and will not result in a net loss of shoreline ecological function. Therefore, it appears that, as conditioned, this project can achieve consistency with this criterion. d. Trails: i. Trails that provide public access on or near the water shall be located, designed, and maintained in a manner that protects the existing environment and shoreline ecological functions. Preservation or improvement of the natural amenities shall be a basic consideration in the design of shoreline trails. ii. The location and design of trails shall create the minimum impact on adjacent property owners including privacy and noise. iii. Over-water structures may be provided for trails in cases where: (a) Key trail links for local or regional trails must cross streams, wetlands, or other water bodies. (b) For interpretive facilities. (c) To protect sensitive riparian and wetland areas from the adverse impacts of at grade trails, including soil compaction, erosion potential and impedance of surface and groundwater movement. iv. Trail width and surface materials shall be appropriate for the context with narrow soft surface trails in areas of high ecological sensitivity where the physical impacts of the trail and the number of users should be minimized with wider hard-surfaced trails with higher use located in less ecologically sensitive areas. RCM 4-3-090E.10 City’s Trail Regulations 2018-NW-4492 – May Creek Trestle CUP Page 6 of 11 WAC 173-27-160 (1) (b): That the proposed use will not interfere with the normal public use of public shorelines; City Staff found that the bridge repair work would not interfere with the public use of public shorelines. Temporary access issues associated with the project demolition and construction have been addressed through the City’s permit conditions requiring temporary alternate or detour routes around the project site. The City further concluded that, upon competition of the project, the new bridge decking would improve the public use of the rail bed along this portion of the Eastside Rail Corridor, providing improved visual access to May Creek. Therefore, the proposal appears consistent with this criterion. WAC 173-27-160 (1) (c): That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; The site is located in the Urban Conservancy shoreline environment designation. The City found the proposal to be consistent with the following Policy: SH-14, SH-F, SH-18, SH-24, and SH-41 to SH-43. City staff also found that this use is compatible with the surrounding planned and existing uses, and point specifically to the adjacent May Creek Trail located on the opposite side of Lake Washington Blvd as an example. The primary use, non-motorized multi-use public access trail, is highly compatible with the surrounding area due to the existing trail infrastructure and connectivity it provides to other regional trail systems. King County also prepared a Master Plan and Environmental Impact Statement during the development of this larger multi- use Eastside Corridor Regional Trail project which included a route alternatives analysis and public outreach. This trestle is located in the Lakefront segment. Therefore, it appears that the project is compatible with the existing authorized uses, the applicant has sufficiently demonstrated consistency with this criterion. The existing May Creek trestle is approximately 13 feet wide and 60 feet long. The trestle supports railroad tracks and a 4’-4” walkway which is separated from the tracks by a chain link fence. Consistent with City of Renton Comprehensive Plan Shoreline Element Policy SH-43, this rail line, within the shoreline, has provided public access and circulation opportunities. Now that the rail use has ceased, the rail line is being converted to a public trail. However, the record does not support that the proposed solid surface decking and nearly 14 foot bridge width is meeting the minimization requirements of mitigation sequencing. 2018-NW-4492 – May Creek Trestle CUP Page 7 of 11 WAC 173-27-160 (1) (d): That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and The May Creek and Ripley Lane Critical Areas Update Technical Memorandum prepared by Otak dated 2/7/2018 identifies Fall Chinook (Oncorhynchus tshawytscha) (federally-listed threatened), Coho (Oncorhynchus kitsutch), and winter steelhead (Oncorhynchus mykiss) (federally-listed threatened) within May Creek, but does not include any discussion of the potential project impacts or mitigation sequencing used in the project design to achieve no net loss of shoreline ecological function. Potential shading, woody debris recruitment, scour, and water quality impacts were raised by the Muckleshoot Tribe during the project comment period. The applicant provided a response to these concerns, stating that they do not believe the proposed decking will change the structure’s transparency to sunlight. However, this one paragraph narrative is not sufficient to demonstrate compliance with the City’s trail design standards or the no net loss requirement. The current railroad trestle has a timber railroad tie surface which is not solid. As part of the proposed change in use the applicant has proposed to replace the timber railroad ties with solid surface precast concrete deck panels. May Creek intersects the rail north of the intersection of Wells Ave N and Lake Washington Blvd N. May Creek, a tributary to Lake Washington, drains the area north of the Cedar River and west of Issaquah Creek. Within the rail right-of-way, the rail extends over the stream on a bridge. Bridge footings are located below the ordinary high water mark (OHWM). Additional stream crossings near the rail include Lake Washington Blvd N and a sewer main between Lake Washington Blvd N and the rail. In-stream features include a concrete weir, large woody debris, and gravel and cobble substrate. Riparian vegetation in the right-of-way includes sparse red alder, Himalayan blackberry, giant horsetail, Japanese knotweed and a variety of grasses. The Eastside Rail Corridor – Ecosystem Resources Inventory, at p. 28, lists the following potential enhancement and restoration opportunities from the 2001 May Creek Basin Action Plan:  Slope stabilization  Large woody debris placement  Conifer planting in the riparian buffer  Floodplain wetland creation 2018-NW-4492 – May Creek Trestle CUP Page 8 of 11 This is the Ripley Lane Trestle retrofit that has already been completed as part of the overall Eastside Rail Corridor project. This represents the same solid surface decking that is currently proposed above May Creek. For example, the record does not demonstrate that alternatives, such as removing any unnecessary bents or not replacing the extra 4’-4” walkway were considered as part of mitigation sequencing. The existing bent supports were intended to accommodate railroad uses and seem excessive for the newly proposed pedestrian trail use. It appears that the 4’-4” walkway was added to the trestle to accommodate pedestrian traffic, but now that the whole trestle will be converted to this use it appears that the additional walkway and associated overwater coverage may not be necessary. 2018-NW-4492 – May Creek Trestle CUP Page 9 of 11 Submittal material describe the trestle retrofits and re-decking as occurring in the same footprint and will not have any adverse impacts; however the alignment over May Creek is clearly changing. The decking for the expanded use is shifting to center over the existing pile. This change needs to be accounted for in the applicant’s impact analysis. Proposed Bridge alignment Existing Bridge alignment 2018-NW-4492 – May Creek Trestle CUP Page 10 of 11 If the applicant can provide the necessary impacts analysis and demonstrate mitigation sequencing to ensure the proposal will not result in a net loss of shoreline ecological function, the project would be consistent with this criteria. A condition of approval is recommended to address this issue. Therefore, it appears the proposal, as conditioned, is consistent with this criterion. WAC 173-27-160 (1) (e): That the public interest suffers no substantial detrimental effect. WAC 173-27-030 (14) defines "Public interest" as the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. The City concluded that, the expansion of existing over-water trail shoreline use and the associated trestle repair and retrofit will not adversely impact the public interest. We agree that the increased public access and recreational opportunity in the shoreline is a benefit to the public interest; however, the record does not reflect an analysis of the potential adverse impacts associated with increased shading from the solid decking have been mitigated. The public has a shared interest in protecting the ecological functions and values provided by this segment of May Creek. The Muckleshoot Tribe also provided several public comment letters addressing similar environmental concerns regarding shading and large woody debris recruitment and passage. The expansion of the public use trail is triggering the increased over-water coverage. In fact, it is changing the structure itself from a railroad trestle to a pedestrian trail bridge. A recommended condition of approval is attached to address this concern. Therefore, the proposal, as conditioned, appears consistent with this criterion. WAC 173-27-160 (2): In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. City staff found that there is no cumulative impacts associated with this project. In review of the potential environmental impacts of not avoiding, minimizing, and mitigating for all the impacts of the change in use, we find that on a regional scale there is a potential for cumulative impacts. Railroad trestle retrofits and repurposing is occurring throughout the state and each change of use should be subject to mitigation sequencing to ensure that all potential impacts are avoided, minimized, and mitigated. That said, the granting of similar project could remain consistent with the policies of RCW 90.58.020 and not produce substantial adverse effects to the shoreline environment provided the recommended conditions of approval are included as part of each project review and approval. Therefore it appears that potential adverse effects related to cumulative impacts can be effectively avoided and the proposal, as conditioned, is consistent with this criterion. WAC 173-27-160 (3): Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program. Renton SMP 4-3-090E.1 Shoreline Use Table specifically allows the expansion of over-water trails within the Urban Conservancy SED with the approval of a Shoreline Conditional Use Permit. 2018-NW-4492 – May Creek Trestle CUP Page 11 of 11 WAC 173-27-160 (4): Uses which are specifically prohibited by the master program may not be authorized pursuant to either subsection (1) or (2) of this section. The proposed use is not prohibited within the City’s SMP.