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DATE:
LAND USE FILE NO.:
PROJECT NAME:
OWNERS:
APPLICANT:
PROJECT MANAGER:
PROJECT LOCATION:
CITY OF RENTON
EXEMPT10N
FROM CRITICAL AREAS REGULATIONS
June 2, 2008
LUA-08-028, SA-H, ECF, CU-A
Sunset Mixed Use Building
ADF Properties LLC
John Graves Architects & Planners, PLLC
Rocale Timmons, Assoicate Planner
4409 NE Sunset Boulevard
PROPOSAL: The installation of a stormwater outlet pipe within the
Honey Creek Stream buffer. The proposed stormwater pipe would convey stormwater from two
bio-retention areas, to be constructed mostly outside of the stream buffer, to a discharge outlet,
which would treat the stormwater prior to it entering Honey Creek. The retention system is
required to treat stormwater fora proposed 21-unit mixed use building.
CRITICAL AREA:
Honey Creek stream buffer (Class IV)
EXEMPTION JUSTIFICATION: Pursuant to RMC section 4-3-050.C.7.a.ii Stormwater
Management Facilities are permitted within stream buffers. 'An exemption from the Critical
Areas Regulations is hereby granted for the following reason(s):
X Stormwater Management facilties in Buffer: Stormwater management facilities in
critical area buffers including stormwater dispersion outfall systems designed to
minimize impacts to the buffer and critical area, where the site topography requires
their location within the buffer to allow hydraulic function, provided the standard
buffer zone area associated with the critical area classification is retained pursuant
to subsection. L or M6c of this Section, and is sited to reduce impacts between the
critical area and surrounding activities.
DECISION: The proposed development is consistent with the following findings pursuant to
RMC section 4-3-050.C.5:
The activity is not prohibited by this or any other chapter of the RMC or state or federal
law or regulation;
2. The activity will be conducted using best management practices as specified by industry
standards or applicable Federal agencies or scientific principles; and,
Page 1 of 2
y 01
3. Impacts are minimized and, where applicable, disturbed areas are immediately restored,
unless the exemption is a wetland below the size thresholds pursuant to RMC 4-3-
050.C.5.f.1 and f.2.
SIGNATURE:
Q,WAj, to� r!
Nei! Watts, Director
Development Services Division
Fair W W.),01
EXPIRATION: Five (5) years from the date of approval (signature date).
(o I Z
Page 2 of 2
Date
�-
,� Denis Law, Mayor
June 2, 2008
Brett Lindsay
John Graves Architects & Planners
3110 Ruston Way, Ste #D
Tacoma, WA 98402
CITY OF RENTON
Department of Community and
Economic Development
Alex Pietsch, Administrator
SUBJECT: Proposed Stream Buffer Reduction
Sunset Highlands Mixed Use (LUA08-028, ECF, SA-H, CU-A)
4409 NE Sunset Blvd
Dear Mr. Lindsay,
This letter is sent in response to your request made as part of the Sunset Highlands Mixed Use
Building application (LUA08-028, ECF, SA-H.. CU-A), dated March 19, 2008, to reduce a stream
buffer on the project site.
Summary of Request
The applicant proposes to reduce the stream buffer for a Class 4 stream on the project site from
35 feet to a minimum width of 25 feet. The reduction would allow a larger building pad for a
proposed 4-story, 55-foot tall mixed -use building by using the additional space for an internal
driveway. The stream evaluation indicates that approximately 1,376 square feet of stream buffer
would be affected as a result of the proposed reduction. The applicant would enhance 2,191
square feet, the remainder of stream buffer, as part of the reduction proposal.
RMC 4-4-050.L.5.d allows the Administrator to approve buffer width reduction for Class 4
streams where the buffer width is no less than 25 feet, provided the applicant demonstrates all of
the following criteria (pursuant to RMC 4-3-050.L.5.c.iv):
iii. Criteria for Approval of Reduced Buffer Width: The following criteria in subsections
L5c(iv)(a) and (e) through (f), or criteria (iv)(b) through (f) of this Section shall be met:
(a) Buffer Condition: Either subsection (1) and (3) through (5) shall be met or subsection
(2) through (5) shall be met:
(1) The buffer area land is extensively vegetated with native species, including
trees and shrubs, and has less than five percent (5%) non-native invasive species
cover; and has less than fifteen percent (15%) slopes; or
(2) The buffer can be enhanced with native vegetation and removal of non-native
species per criteria in subsection L5c(iv)(c) of this Section, and has less than
fifteen percent (15%) slopes; and
(3) The width reduction will not reduce stream or lake functions, including those
of anadromous fish or nonfish habitat; and
(4) The width reduction will not degrade riparian habitat; and
(5) No direct or indirect, short-term or long-term, adverse impacts to regulated
water bodies, as determined by the City, will result from a regulated activity. The
1055 South Grady Way - Renton, Washington 98057 RE N T 0 N
AHEAD OF THE CURVE
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City's determination shall be based on specific site studies by recognized experts,
pursuant to subsection F3 of this section and RMC 4-8-120
(b) The proposal includes daylighting of a stream, or removal of legally installed, as
determined by the Administrator, salmonid passage barriers; and
(c) The project includes a buffer enhancement plan using native vegetation and
substantiates that the enhanced area will be equal to or improve the functional attributes
of the buffer; or in the case of existing developed sites where a natural buffer is not
possible, the proposal includes on- or off -site riparian/lakeshore or aquatic enhancement
proportionate to its project specific or cumulative impact on shoreline ecological
functions; and
(d) The proposal will result in, at minimum, no net loss of stream/lake/riparian ecological
function; and
(e) The proposal does not result in increased flood hazard risk; and
(f) The proposed buffer standard is based on consideration of the best available science as
described in WAC 365-195-905; or where there is an absence of valid scientific
information, the steps in RMC 4-9-250F are followed.
Back2round
A stream has been identified on site, Honey Creek, which flows west to east along the southeast
property corner of the site between two culverts. The City's Streams and Lakes Map classifies
Honey Creek as a Class 4 stream where it enters the project site. The applicant submitted a
Stream Evaluation by Sewall Wetland Consulting, Inc (dated March 19, 2008) delineating
Honey Creek on the project site. A Class 4 stream is a non-salmonid bearing intermittent stream
and requires a minimum 35-foot buffer.
The stream flows subsurface within a pipe from the west side of Duvall Avenue, approximately
1,000+ feet east of the site. A 50-foot section of the ditched stream surfaces across southeast
property corner of the site. The stream then exits via a second culvert which discharges on the
north side of NE Sunset Blvd. The. stream has an average channel width of approximately 2-feet
and an average depth of approximately 12-inches.
Due to the long distances in which the stream is culverted,_the segmented portion of the stream
and the stream buffer located onsite provides very little hydrologic or ecologic function. The
sections of stream located onsite contain no documented fish use, and no suitable habitat for fish.
However, downstream segments of this stream contain documented salmonid usage. A small
portion of two stormw.ater retention ponds and a new surface water discharge are proposed to be
placed within the stream buffer, with a letter of exemption from the Department Administrator or
their designee, and would ultimately discharge stormwater into the stream. As such, water
quality has the potential to affect salmonid species, Water quality control is proposed.
Class 4 streams require a minimum 35-foot buffer; however the applicant has proposed a
reduced buffer down to 25 feet. The applicant has proposed to enhance the remainder of the
buffer. The reduced buffer would allow a larger building pad for the mixed -use building by
using the additional space for the internal loop driveway, 20 feet in width.
The stream evaluation indicates that approximately 1,376 square feet of stream buffer would be
affected as a result of the proposed reduction. The applicant would enhance 2,191 square feet,
the remainder of stream buffer, as part of the reduction proposal. Stream buffer enhancement
would result in the planting of native plants and the removal of dense Himalayan blackberry and
Japanese knotwood.
The request for stream buffer reduction was made as part of the application for Hearing Examiner
Site Plan Review, Conditional Use Permit approval, and Environmental (SEPA) Review for the
construction of a 4-story, 55-foot tall mixed -use building on a 35,593 square foot site. The site is
located within the Commercial Arterial (CA) zoning designation and the NE Sunset Blvd
Business District Overlay. The proposed building would include 30,795 square feet of residential
within 21 residential units, 2,209 square feet of commercial space, and 58 parking stalls, 21 of
which would be located within a surface parking lot. The remaining 37 stalls would be located on
the first floor of the building in structured parking.
Analysis ier RMC 4-3-050.L.5.d.iii
a) Buffer Condition: Either subsection (1) and (3) through (5) shall be met or
subsection (2) through (5) shall be met:
(1) The buffer area land is extensively vegetated with native species, including
trees and shrubs, and has less than five percent (5%) non-native invasive species
cover, and has less than fifteen percent (15%) slopes; or
Not applicable.
(2) The buffer can be enhanced with native vegetation and removal of non-native
species per criteria in subsection LSc(iv)(c). of this Section, and has less than
fifteen percent.(15%) slopes; and
The applicant proposes to enhance the buffer by providing higher quality habitat
with greater function and value through species diversity, variable vegetation
communities, and removal of non-native invasive species. The buffer
enhancement plan would likely include species such as, Douglas fir, big leaf
maple, beaked hazelnut, vine maple, red elderberry, Indian plum, nootka rose,
red flowering currant and salal. Average slopes within the 35-foot stream buffer
range from 10-13 percent.
(3) The width reduction will not reduce stream or lake functions, including those
of anadromous fish or nonftsh habitat; and
The proposed buffer reduction area is currently dominated by red alder,
Himalayan blackberry, and Japanese knotweed. Due to the degraded condition
of the proposed buffer reduction area, the applicant proposes to plant a variety of
native trees and shrubs to increase the plant species and structural diversity of the
buffer. In addition, all invasive species within the buffer are proposed to be
removed. Implementation of the buffer reduction plan should increase the value
of the buffer and would not detrimentally affect the ecological function of the
stream.
The sections of the stream located onsite contain no documented fish use, and no
suitable habitat for fish.
(4) The width reduction will not degrade riparian habitat; and
The habitat value of the reduced area is low as it is comprised of non-native
species growing in compacted fill material soils. The non-native species do not
provide an adequate buffer habitat or any substantial value to a riparian system.
Therefore, the buffer width reduction would not further degrade the riparian
habitat. The proposed enhancement plan would increase the ecological function
of the buffer and its ability of the buffer to deter degradation of water quality in
both the onsite stream, as well as in downstream critical areas.
(5) No direct or indirect, short-term or long-term, adverse impacts to regulated
water bodies, as determined by the City, will result from a regulated activity. The
City's determination shall be based on specific site studies by recognized experts,
pursuant to subsection F3 of this section and RMC 4-8-120
Due to the low ecological and hydrological function of the stream and
degraded state of the buffer, reduction of the standard buffer is not
expected to cause any adverse effect to the functionality of the buffer
or stream.
b) The proposal includes daylighting of a stream, or removal of legally installed, as
determined by the Administrator, salmonid passage barriers; and
Not applicable.
c) The project includes a buffer enhancement plan using native vegetation and
substantiates that the enhanced area will be equal to or improve the functional
attributes of the buffer; or in the case of existing developed sites where a natural
buffer is not possible, the proposal includes on or off -site riparian/lakeshore or
aquatic enhancement proportionate to its project specific or cumulative impact on
shoreline ecological functions; and
See discussion under Criteria "a",
d) The proposal will result in, at minimum, no net loss of stream/lake/riparian
ecological function; and
Mitigation for the reduction of the stream buffer width would offset the loss of area by
providing higher quality habitat with greater function and value through species diversity,
variable vegetation communities, and removatoi f non-native invasive species.
e) The proposal does not result in increased flood hazard risk; and
The proposal to reduce the buffer does not result in a flood, hazard risk.
f) The proposed buffer standard is based on consideration, of the best available science
as described in WAC 365-195-905; or where there is an absence of valid scientific
information, the steps in RMC 4-9-25OF are followed.
The applicant submitted a supplemental stream study by Sewall Wetland Consulting, Inc.
(dated March 19, 2008) delineating and classifying the stream on the project site in
accordance with standards outlined in RMC 4-8-120.D.
Decision:
Based on staff s analysis, I have determined the proposed revisions are within the parameters
defined by the Renton Municipal Code_
Therefore, the proposed stream buffer reduction is approved subject to the following
conditions:
1. The applicant shall be required to submit a stream mitigation plan per RMC 4-8-120.
The mitigation plan shall include a buffer enhancement plan using native vegetation that
enhances or improves the functional attributes of the buffer. A maintenance and
monitoring plan for a period no less than five years, shall also be provided in the
mitigation plan. The final mitigation plan must be submitted to and approved by the
Current Planning Project Manager prior to the issuance of building or construction
permits, whichever comes first.
After the approval of the final mitigation plan, a performance surety per RMC 4-1-230
must be paid to the City of Renton for the maintenance and monitoring period prior to the
issuance of building or construction permits, whichever comes first.
Appeal Process: Appeals of this administrative decision must be filed in writing on or
before 5:00 p.m. June lb, 2008. Appeals must be filed in writing, together with the required
$75.00 application fee, with: Hearing Examiner, City of Renton, 1055 South Grady Way,
Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code
Section 4-8-1 I.O.B. Additional information regarding the appeal process may be obtained from
the Renton City Clerk's Office, (425) 430-6510.
Should you have any questions regarding this determination or the requirements discussed in this
letter, please contact Rocale Timmons, Associate Planner, at (425) 430-7219.
Sincerely,
4u4t�-�o"A,j0
&YNeil Watts, Director
Development Services Division
cc: Yellow File (LUA08-028)
Jennifer Henning
Rocale Timmons
Party of Records