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HomeMy WebLinkAboutSR_HEX_Cedar_River_Sockeye_Brood_Stock_080812City of Renton PUBLIC Department of Community & Economic Development HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARYAND PURPOSE OF REQUEST: Public Hearing Date: August 12, 2008 Project Name: SPU Broodstock Facility/Cedar River Access Facility Owner for parcel City of Renton #1723059014: 1055 S Grady Way Renton, WA 98055 Owner for parcel Washington State Department of Transportation #1723059179.- 15700 Dayton Ave. N Shoreline, WA 98133 Applicant: Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 Contact: Charles Madden Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 File Number: LUA08-018, SA-H, CU-H, V- Project Manager: Vanessa Dolbee, Associate H, SM Planner Project Description: An application has been submitted by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review. a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River, The applicant has also applied for a Hearing Examiner Variance from RMC 4-4-130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn t in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require construction of an access road and loading area within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removal of 5 trees within a critical area, for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. Project Location: South bank of the Cedar River at river mile 1.7, immediately upstream of the 1-405 bridge. City of Renton Department of Car ity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 2 of 23 SITE LOCATION MAP Brood stock_hexrpt08-018 City of Renton Department of Com-munity & Economic Development Preliminary Report to the Healing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 3 of 23 B. EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Ehcibit 2: Zoning Map sheet F4 west/2 (dated 7/15108) Exhibit 3: Comprehensive Plan Land Use Map Exhibit 4: Project Vicinity Map, Index, Legend, Project Misc. Information, Survey Datum Block (Sheet G1) Exhibit 5: Existing Conditions/Topography (Sheet G2) Exhibit 6: Demolition Plan (Sheet G3) Exhibit 7: Erosion Control Plan (Sheet G4) Exhibit 8: Erosion Control Details (Sheet G5) Exhibit 9: Tree Inventory Plan (Sheet G6) Exhibit 10: Site Layout Plan "during construction" (Sheet Cl) Exhibit 11: Site Grading Plan (Sheet C2) Exhibit 12: Civil Details (Sheet C3) Exhibit 13: Access Road Plan and Profile (Sheet C4) Exhibit 14: Utility Plan (Sheet C5) Exhibit 15: Kiosk and Interpretive Sign Details (Sheet C6) Exhibit 16: Limit of Work (Sheet L1) Exhibit 17: Buffer Mitigation Layout (Sheet 1-2) Exhibit 18: Site Revegetation (Sheet 1-3) Exhibit 19: Revegetation Notes and Details (Sheet L4) Exhibit 20: Electrical Plan (Sheet E1) Exhibit 21: Electrical Details (Sheet E2) Exhibit 22: Electrical Details & Fixture Schedule (Sheet E3) Exhibit 23: Figure 1: Site Layout Plan Exhibit 24: Colored Display Map (site plan) Exhibit 25: Luminaire Schematic Exhibit 26: Archaeological surface survey transects and shovel probe locations Exhibit 27: Tri-Park Master Plan, Site Plan Exhibit 28: Cedar River Park, view before broodstock facility Exhibit 29: Cedar River Park, photographic simulation after broodstock facility Exhibit 30: Critical Areas: Steep Slopes and Access Road Exhibit 31: FEIS Alternative's Location Map (Figure S-1) Exhibit 32: FEIS Alternative Broodstock Collection Sites, Vicinity Map (Figure 1-2) Exhibit 33: FEIS Broodstock Collection Facilities 1-405 Bridge Site (alternative) Exhibit 34: FEIS Broodstock Collection, Holding and Spawning Facilities, 1-405 Bridge Site (alternative) Exhibit 35: FEIS Temporary Weir Alternative (Figure 1-17) Exhibit 36: FEIS photographic simulation of weir in river at the 1-405 site Exhibit 37: Landsburg Mitigation Agreement for the Fish Migration Barrier at the Landsburg Diversion Dam C. GENERAL INFORMATION: 1. Owners of Record: 2. Zoning Designation 3. Comprehensive Plan Land Use Designation: City of Renton State of Washington, DOT 1055 S Grady Way 15700 Dayton Ave. N Renton, WA 98057 Shoreline, WA 98133 Resource Conservation (RC) and Commercial/OfficeiResidential (COR) Residential Low Density and Commerciai/Office/Residential 4. Existing Site Use Broodstock_hexrpt 08-018 Cedar River Trail and Vacant City of Renton Department of Co ....... rnity & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12. 2008 Page 4 of 23 5, Neighborhood Characteristics: North: Renton Community Center, Commercial/Office/Residential (COR) zoning, Interstate 405, Cedar River (Class 1 stream) East: Cedar River, Renton Community Center (CDR) South: Cedar River Trail, Resource Conservation (RC) zoning West: Interstate 405, and Cedar River Trail pedestrian bridge. 6. Access: Would be via Narco Road on the south side of the Cedar River. 7. Site Area: 11,450 square feet a. Project Data: Area Comments Existing Building Area: NIA Vacant New Building Area: NIA No new buildings are proposed, a portable trailer and smaller storage trailer would be placed temporarily. Total Building Area. NIA An access roadway less then 4,000 square feet is proposed to be constructed from concrete and pervious concert pavement. D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation NIA 738 03/17/1925 Comprehensive Plan NIA 5099 11/01/2004 Zoning N/A 4404 06/07/93 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards Section 4-2-120: Commercial Development Standards 2, Chapter 3 Environmental Regulations Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations 4. Chapter 6 Streets and Utility Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Parks, Recreation, Open Space, & Trails Element 3. Environmental Element Broodstock_hexrpt 08-018 City of Renton Department of Co......lnity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 5 of 23 G. DEPARTMENT ANALYSIS: PROJECT DESCRIPTION/BACKGROUND The proposed Cedar River Broodstock Collection Facility would be located at approximately River Mile 1.7, immediately up stream of 1-405. The project would be developed in an area on the south bank of the Cedar River across from Cedar River Park and the Renton Community Center (Exhibit 24). The size of the area to be utilized by this project consists of approximately 0.25 acres. The Broodstock Facility would be located in the Cedar River and on two additional parcels. Parcel No. 172305917 is owned by the Washington State Department of Transportation (WSDOT) and Parcel No. 1723059014 is owned by to the City of Renton. The City of Renton's parcel is zoned Commercial/Office/Residential (COR) and WSDOT's parcel is zoned Resource Conservation (RC). This report includes analysis of the Site Plan Review, Conditional Use, and Variance Criteria. It is important to note that there are additional interest groups as a part of this proposal due public financial funding for parcels included in the project. Background The Cedar River is SPU's major water supply source, supplying nearly two-thirds of the water delivered to the Seattle service area. In May 2000, Seattle along with State and Federal agencies adopted the Cedar River Habitat Conservation Plan (Cedar HCP), which sets forth a 50-year comprehensive program for managing the Cedar River watershed to protect and enhance habitat for threatened and endangered species. Subsequently, Seattle obtained Incidental Take Permits, from the U.S. Fish and Wildlife Service and National Marine Fisheries Service, for its water supply and related activities in the Cedar River watershed. The Cedar HCP called for several specific actions to address impacts to fish resulting from Seattle's water supply intake and diversion dam created at Landsburg. One of which included a Cedar River Sockeye Hatchery Project capable of producing up to 34 million sockeye fry. In order for the Hatchery to meet its goal of 34 million fry, SPU has proposed the subject broodstock facility. In addition, the applicant has stated, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam (Exhibit 37). One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period to the end of the sockeye run (approximately mid -December). A Final Environment Impact Statement (FEIS) was prepared for the Cedar River Sockeye Hatchery Project and associated facilities in 2003. The FEIS analyzes the potential project - specific environmental effects of construction and operating a sockeye hatchery on the Cedar River. The portion of the FEIS that pertains to the broodstock facility includes four site alternatives for the collection of adult fish for spawning, including two sub -alternatives at each site and three alternatives for the weir designs. The four alternative sites that were evaluated as part of the FEIS are as follows: the existing broodstock collection site at river mile 6.5; the Elliott Bridge site located at river mile 5.3; SPU right-of-way site at river mile 3.4; and the 1-405 site located at river mile 1.7 (Exhibit 31 & 32)_ The location at 1-405 was carefully chosen after technical studies and the FEIS determining this site as the best location (Exhibit 33 & 34). This location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire sockeye salmon population (Exhibit 36). The weir design chosen has been used in other areas and has been successful at withstanding higher fall flows (Exhibit 35). The proposed system is capable of withstanding these flow levels because of its flexibility and ability to submerge during periods of very high flows. Broodstock hexrpt 08-018 City of Renton Department of Cony„ ioity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facilit LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 6 of 23 The adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. The decision was appealed to the King County Superior Court, who also helot that the SEIS was adequate in 2006. The King County decision was then appealed to the Washington State Court of Appeals and it was again deemed adequate in 2007. The Washington State Court of Appeals decision was appealed to the Washington State Supreme Court, who denied the appellant's petition to hear the case. Once the appellant's petition was not heard by the Supreme Court, SEPA was deemed complete. There have been no challenges to the broodstock collection facility alternatives. Parcel No. 1723059014 was purchased by the City of Renton with the following funding sources: Washington Wildlife and Recreation Program grant funds administered by the Resource and Conservation Office (RCO); 1989 King County Open Space Bond Issue Funds; King County Conservation Futures 1993 Regional Projects grant funding; and King County Conservation Futures 1993 Suburban Project grant funding. The Cedar River Trail was developed with Federal ISTEA and State WWRP grant monies. The RCO funds were granted with a requirement that the property would be used for recreational purposes. In order to verify that the Broodstock Facility would not be considered a "conversion of property" by the RCO; Seattle Public Utilities (SPU) together with the City of Renton submitted the project proposal including a project management plan and plan set to the RCO on July 3, 2008. The RCO is anticipated to make a determination in regards to "property conversion" buy August 7, 2008. The decision made by the RCO would be based upon the management plan SPU submitted on July 3, 2008. As to elevate any conflicts of interest that may be anticipate between RCO, City of Renton and SPU as to the perceived management and function of the site, staff recommends as a condition of approval that SPU adhere to the provided Cedar River Access Facility Management Plan, dated June 30, 2008. Staff anticipates the submission of supplemental information as to the result of RCO's decision at the Hearing. Site & Surroundino Area Description The project site is located on the south bank of the Cedar River (A Class 1 Shoreline of the State) directly across from the Renton Community Center. The subject site is currently vacant and consists of sloped areas and a benched area just above the river (Exhibit 5). The existing vegetation consists of (native plants) Red -Osier Dogwood, Biglea# Maple, Sitka willow, Sweet gale, Horsetail, Black cottonwood and Red alder; and invasive plants Japanese knotweed, ivy, and Himalayan blackberry. There is currently no access to the rivers edge, although during the summer months recreationalists bushwhack their way to the rivers edge at this point along the Cedar River Trail. To the north of the project site is the Renton Community Center and Renton's Cedar River Park, which is used for recreational activities, community sponsored events, weddings, dog trials etc. The site consists of a large community center building, paved pedestrian paths, landscaped lawn areas and access to the Cedar River via a man made cove. The cove was created with a retaining wall system that extends the length of the site immediately adjacent to the Cedar River. To the south of the subject site is the Cedar River Trail and the Narco site. This area consists of: a small informal gravel parking area: access to the Cedar River Trail; and a large grass field. The area is primarily used for walking, biking, roller blading, etc. To the west is Interstate 405 and a pedestrian bridge, both cross the Cedar River. To the east; there is undeveloped shoreline of the Cedar River and the continuation of the Cedar River Trail. The subject area and surrounding areas (Liberty Park, Cedar River Park, and Narco Site) are a part of the Tri-Park Master Plan, adopted by Renton City Council in 2006 (Exhibit 27). The site is located on two parcels one of which is designated Commercial/Office/Residential on the Comprehensive Plan Land Use Map and is zoned Commercial/Office/Residential (COR). The second parcel is designated Residential Low Density on the Comprehensive Broodstock hexrpt 08-018 City of Renton Department of Corn ... unity & Fconomic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-098, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 7 of 23 Land Use Map and is zoned Resource Conservation (RC) (Exhibit 2 & 3). The majority of the subject project is located within the COR zone therefore, the following Site Plan Review, Conditional Use Permit and Variance would be evaluated under the COR Toning designation. The broodstock facility is intended to be operated and maintained by SPU. Broodstock collection would be in operation from mid -September to mid -December and would be designed as a temporary facility. During the remaining part of the year (mid -December though mid -September) all associated equipment would be removed from the site including the weir; staff trailer, and storage trailer. The access drive to the river would remain for public river access; this drive would be a designated access point for non -motorized watercraft, such as kayaks, canoes, inner tubes and air mattresses. Seattle Public Utilities' Broodstock Facility would be located within a City of Renton public park; as such, Staff recommends as a condition of approval that a Memorandum of Agreement (MOA) between the City of Renton and SPU is created, to ensure proper management and use of City property by SPU. Project Description The proposed project would a seasonal access point and an area to operate a temporary weir/trap in the Cedar River to collect adult sockeye salmon for the existing hatchery facilities at Landsburg (Exhibit 23). In addition to the access point and the weir/trap, the applicant is proposing a ramp area, utilities (water and electricity), pathway improvements, interpretive signs, a kiosk, lighting, two temporary trailers, and a viewing area above the weir location. The "viewing area" would be located on the north bank of the Cedar River (parcel #1723059013) in the Cedar River Park. The access area is to be used for operating a temporary weir in the Cedar River from mid -September through December to reach the target amount of salmon eggs for the hatchery and maintain public access wile weir operation is in progress. The weir is a flexible picket structure that would span the width of the Cedar River. The pickets and spacers are made of plastic and are built in 2-foot by 20-foot panel sections. The bottom of these panels are secured to the river bed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets; that are connected to a metal base. The metal base is secured to the bottom of the river with pins and small cables to duckbill anchors upstream. The metal plate would be left in place from year to year but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. One or two traps would be used to intercept sockeye. These traps would be made of aluminum pickets and be approximately 6 feet by 12 feet in size. They would be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up closer to shore as flows increase. The traps would have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and Coho would pass the collection site. The hatchery would need to trap up to 20,000 sockeye, depending on run size, broodstock collection would be less then 50% of the sockeye run. Specific protocols for passing Chinook would be in place for avoiding delay or causing redistribution of spawning sites. A safety cable would span the river and be installed to provide employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This would also be removed at the end of the sockeye collection operations in December. The ramp area would allow for removal of salmon from the traps and into a hauling truck. The hauling truck would transport sockeye from the subject location to the existing hatchery at Landsburg. At times, a boom truck may be used to facilitate trap handling. The ramp would also be used for launching small watercraft and would provide safe access to the Cedar River for the public (Exhibit 13). Brood stock_hexrpt 08-018 City of Renton Department of Com ounity & Economic Devefopment Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATEA ugust 12, 2008 Page 8 of 23 During broodstock collection and weir operation, (mid -September to mid -December) personnel would be on site 7 days a week, 24 hours a day. To accommodate personnel, two portable trailers are purposed to be situated in the gravel area between Narco Road and the Cedar River. A larger 28-foot long trailer is proposed for living facilities and a smaiier 12- foot storage trailer would be placed adjacent to the living quarters trailer for storage of equipment, clothing, refuse and recycling receptacles. Electricity for lighting and pumps would be provided along with a small 3/4 inch water line to provided potable water to the upper portion of the project site (Exhibit 14 & 20-22). The temporary trailer would also hook up to the water and electricity. A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demands of fish collection. This system would be on a separate circuit, to be activated only during fish collection operations. SPU would also provided information signage on the Community Center side of the river (north bank) to help inform interested persons about salmon in the Cedar River and about the sockeye hatchery program. Also proposed is a kiosk that would be placed on the project side of the Cedar River adjacent to the Cedar River Trail to provide additional information and public outreach (Exhibit 15). During broodstock collection operations would occur from approximately 7:30 a.m. to 5:00 p.m. where a maximum of four people would sort fish from the trap into holding pens in the river. One to three times per day, fish would be moved to the transportation truck that would be located on the proposed ramp. Moving fish to the truck would be done by hand in soft fish tubes or mechanically. To mechanically transfer fish a boom truck would be required, this truck could lift the fish in a container and swing them over the transport tuck and pour the fish into the truck through a pipe. Once the truck is loaded, it and two to three people would leave the site to take the fish to the Cedar River Sockeye Hatchery at Landsburg. At least one person would remain at the weir site. The number of trips the fish transport truck would make each day would depend on the number of fish available, the number of fish already collected, staffing limitations, and other activities. The maximum number of round trips in a day is not expected to exceed four trips. SPU's goal is to collect enough fish through operations Monday through Friday, that there would be no fish hauling on Saturdays and Sundays. This would depend on the trapping success of the new weir. During some flow situations, a boat would be used to remove material from the weir. The boat would not be motorized and would be kept off site until water conditions require its use. When located on site and not in use, the boat would be secured in or on a temporary trailer. A SEPA Determination of Significance was issued by the Seattle Public Utilities. A Final Environmental Impact Statement (FEIS) was issued on March 20, 2003 and a Supplemental Environmental Impact Statement (SETS) was issued July 2005. Broodstock collection sites and weir designs were included within the FEIS. The adequacy of the FEIS and SEIS were appealed on five different occasions (as mentioned on page 5 of this report). As of June 2, 2008 the Washington State Supreme Court upheld the SEPA and FEIS documents, as such, the SEPAlEIS documents were deemed complete on March 20, 2003. Because of the nature and location of the proposed project, staff reviewed the impacts of the proposed project on critical areas. Critical Areas Staffs review of the project site identified six critical areas; A Class 1 stream, Fish and Wildlife Habitat, Steep Slopes, Seismic Hazard Area, Flood Hazard Area, and Aquifer Protection Zone 1. The aforementioned FEIS assessed environmental impacts including but not limited to Fish and Wildlife Habitat and the projects effects on the Cedar River. In addition to the FEIS, the applicants provided an additional Standard Stream Study and Hydraulic Analysis of the potential effects of a resistance board weir on Cedar River water Brood stock_hexrpt 08-018 City of Renton Department of Co ...... unity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA48-418, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 8 of 23 surface elevations (WSELs), as well as geomorphic analysis of the potential for erosion and scour at the weir during high flows. The Stream Study and Hydraulic Analysis were prepared by Tetra Tech, dated October 31, 2007 and September 26, 2007 respectively. Shannon and Wilson Inc. also provide an additional geotechnical report, dated May 13, 2008, specifically addressing the boat tether cable that is proposed to be mounted behind the existing retaining wall on the north bank of the Cedar River. Adverse impacts to Chinook and other fish species are likely to be avoided or minimized through monitoring and modifying weir operations over time. This has been done successfully at the existing weir at Cavanaugh Pond near the Landsburg site though operational protocols. The applicants are modifying the protocols for the proposed weir site in Renton, though consultation with the Cedar River Anadromous Fish Committee, including federal, tribal, and state fish management agencies. The act of "broodstock collection" would remove fish from the Cedar River and place them in the hatchery at Landsburg resulting in a reduction of fish within the Cedar River. The City of Renton has created a salmon spawning channel upstream of the proposed broodstock facility as mitigation for their Hydraulic Permit Approval #G1503-1. In order for the City of Renton to meet their mitigation requirements of the subject HPA a specific number of salmon (based on run size) are required to spawn with in the spawning channel each year. Because fish behavior is variable and the proposed project may have effect on salmon behavior, specifically spawning, and number of fish to reach the spawning channel; staff recommends as a condition of approval that prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife and the City of Renton shall be achieved as to resolve the concerns of SPU's broodstock facility on the City's ability to meet the requirements of the HPA. The subject site is located within and along side a Class 1 Stream, the Cedar River, at river mile 1.7. The City of Renton's Shoreline Master Program has designated the subject section of the Cedar River (river mile 1.7) as Urban Shoreline Environment. Pursuant to RMC 4-3- 090J the Objective of the Urban Environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. The Shoreline Master Program has also given priority to planning for public visual and physical access to water in the Urban Environment and encourages enhancement of the waterfront. To ensure maximum public use, the Shoreline Master Program requires, industrial and commercial facilities to be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to nonmoterized transportation routes such as bicycle and hiking paths. The proposed broodstock facility and associated access road would provide unobstructed public access to the shoreline from mid -December to mid -September. When fish collection is in progress at the subject site (mid -September to mid -December) to the site a provision would be made to continue public access with minimal obstruction. In addition, the proposed access road is located adjacent to the Cedar River Trail, a non -motorized transportation route. The broodstock facility and associated access road meets the objectives and priorities expressed within the Shoreline Master Program Urban Environment. The proposed access road would be constructed up to the ordinary high water mark of the Cedar River but not beyond, the weir would be placed within the river. The applicant has applied for a Substantial Shoreline Development Permit for the work within the Cedar River. Renton's Shoreline Master Program does not have a specific buffer for a Class 1 stream; as such, the work up to the ordinary high water mark is not within a stream buffer area. Although, the project would permanently impact 717 square feet of priority habitat area of riparian vegetation within 25 feet of the ordinary high water mark of a Shoreline of the State. The applicants have proposed a mitigation plan to compensate for the permanent impact; which includes the enhancement of approximately 1,400 square feet of adjacent area. Non- native vegetation would be removed from the understory and replaced with a mix of native trees and shrubs. To minimize encroachment of invasive species from the surrounding areas; the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored Brood stock hexrpt08-018 City of Renton Department of Co.._.anity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 10 of 23 with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan (Exhibit 17-19). The FEMA Flood Insurance Rate Maps indicate that the subject site is within a 100-year Flood Hazard Area. The applicant provided a Hydraulic Analysis of the potential effects of the weir on the Cedar River at the subject location. The weir is a lightweight temporary structure that can be easily damaged by high flows. Therefore, the weir would be lowered when flows exceed a target flow of 1,500 cubic feet per second (cfs). The Hydraulic Analysis indicated the operation plan for the weir would be to remove the weir from the river, when large flood events are anticipated. This protocol would ensure that the weir is not damaged and there would be no impedance to the river that might exacerbate flood elevations. The maximum weir elevation examined in the hydraulic analysis is the elevation that occurs at a flow of 1,600 cfs. However, Tetra Tech expressed that there is no explicit modeling method for computing the head loss through a resistance -board weir. Therefore, they used three different modeling methods to determine the water surface elevations (WSELs). Based on the results of several analytical approaches the expected rise of WSELs due to the weir, is no more then 0.4 feet in the vicinity of the weir for low flows and would likely be less then 0.4 feet at high flows, when the weir is unlikely to have much if any effect. With regard to concerns about the weirs effects on erosion and/or scour of the river bed and/or banks, Tetra Tech provide a Geomorphic Analysis using empirical evidence from Alaska and California, where similar projects exist. The conclusion of this analysis indicates that no major scour has ever been observed during the operation of the weirs in California or Alaska. The applicant is proposing to closely monitor the geomorphic conditions in the river during operations of the weir. If needed, the substrate rail can be removed at the end of the fishing season or in the event of a major flood to eliminate the potential for scour. The Geologic Hazards include sensitive and protected slopes and seismic hazards. The proposed access road would start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river. This access road to the Cedar River would require some grading work, the estimated cut material is 380 cubic yards (Exhibit 11). Pursuant to the proposed grading plan, the access road would not be within the area of protected slopes (slopes with a grade of 40 percent or greater) (Exhibit 30). The applicants have proposed an erosion control plan to protect the Cedar River and provide erosion and sediment control (Exhibit 7 & 8). The plan includes such erosion control measures as silt fence installation, Bio-Bag and clearly marked boundaries to minimize accidental intrusion into the fish and wildlife habitat area during construction (Exhibit 16). It is anticipated that access road construction activities may cause slope instability and/or erosion. In the event that construction activities do result in slope instability and/or erosion, staff recommends as a condition of approval that the applicant provide a slope enhancement and restoration plan including maintenance and monitoring. The subject site is located in area of known archeological significance. Prehistoric use of and habitation near the mouth of the Cedar River Valley has been documented by previously investigated site in the vicinity of the project area. The applicants provided a "Cultural Resources Assessment for the Cedar River Sockeye Broodstock Site" prepared for Seattle Public Utilities, by Jana L. Boersema, of Cascadia Archaeology, Seattle, WA. The cultural resource survey of the project area included a pedestrian surface survey of the proposed access road and where possible, the perimeter of the limit of work (Exhibit 26). No prehistoric cultural material was observed in the survey although, a number of historic objectswere observed on the surface and in shovel probes through out the project area. These objects were generally insignificant fragments of metal, glass, coal, and brick and cement rubble. The report concluded it would be unlikely that construction of the road would cause disturbance to intact deposits containing significant prehistoric or historic cultural material. However, uncovering previously unrecognized cultural material during construction activities is still a possibility; as such, staff recommends as a condition of approval if any Native American grave(s) or archaeological/cultural resources are found all construction activity shall stop and the developer shall notify appropriate local and state agencies. Broodstock_hexrpt 08-018 City of Denton Department of Con pity & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page i 1 of 23 The subject site is vacant land that is primarily vegetated with native and invasive plants and shrubs, and Black Cottonwood tree species. Within the project vicinity approximately 14 trees of 6-inch caliper or greater exist (Exhibit 9). The project would require the removal of 5 trees, three of which are within 25 feet of the Cedar River (two red alders, 7-inch and 10-inch caliper, two poplar, 18-inch diameter and one 12-inch big leaf maple). All the trees proposed to be removed are within the riparian shoreline area of the Cedar River. All trees proposed to be retained would be protected during construction with fencing and signage. SPU is proposing to replace all five trees at a ratio of 2:1. The proposed mitigation and enhancement plan proposes the planting of 29 new trees, 8 of which are Black Cottonwood, 3 Sitka Spruce, 8 Douglas Fir, and 10 Western Red Cedar. 3. COMPLIANCE WITH ERC MITIGATION MEASURES NIA 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH SITE PLAN CRITERIA: Pursuant to RMC 4-9-200.E, "The Reviewing Official shall review and act upon site plans based upon comprehensive planning considerations and the following criteria. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation." The site plan review criteria include, but are not limited to, the following: (a) Conformance with the Comprehensive Plan. The subject site is designated Commercial/Office/Residential (COR) on the Comprehensive Plan Land Use map. The COR designation provides opportunities for large-scale office, commercial, retaii, and multi- family projects developed through a master plan and site plan process incorporating significant site amenities and/or gateway features. The proposed project would not be consistent with the COR Comprehensive Plan Land Use designation. Due to the use of grant monies to purchase the subject property, its potential for development has been restricted to recreational uses. The subject site is also incorporated into the Tri-Parks Master Plan, adopted by the City Council September 25, 2006. The COR designation does not address park properties within its purpose statement resulting in non-compliance with the Comprehensive Plan. In addition, the size and shape of the property does not provide a site conducive to large-scale office, commercial, retail, and/or multi -family development. Therefore, staff has found that any development proposed on the site would not comply with the Comprehensive Plan designation. The site being used as a broodstock facility and Cedar River access point would be the most accommodating use of the site with regard to policy. The flowing Comprehensive Plan Policies and Objectives do apply to the subject project: Objective EN-C: Protect and enhance the City's rivers, major and minor creeks and intermittent stream courses. ✓Policy Objective Met i i Not Met Policy EN-5: Degraded channels and banks should be rehabilitated by public programs and new development. Broodstock_hexrpt 08-018 City of Renton Department of Corr -inity & Economic Development Preliminary Report to the Nearing Examiner SPU broodstock Facility t_UA08-018, SA-H, CU-H, V-H, 5M PUBLIC NEARING DATE August 12, 2008 Page 12 of 23 ✓Policy Objective Met -1 Not Met Objective EN-K: Protect and enhance wildlife habitat throughout the City. ✓Policy Objective Met I Not Met Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. ✓Policy Objective Met -] Not Met Policy P-3: Develop a variety of active and passive facilities in a coordinated system of neighborhood and community parks. ✓Policy Objective Met ..l Not Met Policy P-52: Multiple uses of public open space should be provided. Interconnect the open space network. Include lands such as active and passive parks, schools, public open space, trails, private open spaces and native vegetation easements with public access easements, utility rights -of -way, waterways, and unusual open spaces (areas of protected habitat). ✓Policy Objective Met -i Not Met Policy P-55: Where feasible, encourage educational opportunities in public open space areas. -'Policy Objective Met -1 Not Met Policy P-104: Provide nature interpretation programs to increase awareness, understanding and appreciation of Renton's wildlife and natural resource areas. ✓Policy Objective Met I Not Met (b) Conformance with Zoning Regulations. The proposed broodstock collection facility and Cedar River access point is located within the Commercial/Office/Residential (COR) zoning designation and the Resource Conservation (RC) zoning designation. The majority of the project is within the COR zone except a small portion of the access drive and the temporary staging area for the broodstock collection staff. The purpose of the COR zone is to provide for a mix of intensive office, hotel, convention center, and residential activity in a high -quality, master -planned development that is integrated with the natural environment. It is intended to implement the Commercial/Office/Residential Land Use Comprehensive Plan designation. Commercial retail and service uses that are architecturally and functionally integrated are permitted. Also; commercial uses that provide high economic value may be allowed if designed with the scale and intensity envisioned for the COR Zone. The purpose of the RC zone is to provide a very low -density residential zone that endeavors to provide some residential use of lands characterized by extensive critical areas or lands with agricultural uses. It is intended to implement the Low Density Residential Comprehensive Plan designation. This zone promotes uses that are compatible with the functions and values of designated critical areas and allows for continued production of food and agricultural products. The COR zone did not specifically address the "use" broodstock facilities; as such, a Policy Decision was issued on April 28, 2008 by the Development Serviced Director, determining that broodstock facilities are similar in character to the definition of Natural Resource Extraction/Recovery (No appeals were filed for this determination). Therefore, a broodstock collection facility would be allowed in the COR zone subject to a Hearing Examiner Conditional Use Permit. The only portion of the project that is within the RC zoning designation is a small part of the access road and a staging area for the crew that would operate the broodstock facility. This has been determined to be considered and accessory use to the Natural Resources Extraction/Recovery that is allowed in the RC zone subject to a Hearing Examiner Conditional Use Permit. Broodstock_hexrpt 08-018 City of Renton Department of Cat .... ,unity & Fconomic Development Prekminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 13 of 23 The applicant contends the proposed broodstock facility is intended to facilitate in the recovery of a natural resource (salmon) by providing a mechanism to enhance the population of the fish. Density — When development involves residential, the minimum density in the COR zone is 30 dwelling units per net acre and the maximum is 50 dwelling units per net acre. As the project does not contain a residential component, the development is not subject to the density limitations of the COR zone. Lot Coverage - The COR zone allows building coverage to a maximum of 65% of the total lot area or 75% if parking is provided within the building or within a parking garage. As the project does not contain any permanent structures, the project would have a zero percent building coverage, which would comply with lot coverage requirements. Setbacks -- The COR zone setback regulations are determined through site plan review. The subject application does not have any permanent structures to be setback from property lines; therefore, setbacks are not applicable to the subject proposal. Landscaping — The COR zone on -site landscaping regulations are determined through site plan review, The subject project does not propose any formal landscaping although; the applicants have proposed shoreline vegetation enhancement and restoration as part of a mitigation plan for the 717 square feet of permanently impacted shoreline habitat area and 231 square feet of temporarily impacted area. The 231 square foot temporarily impacted area is proposed to be reseeded, upon completion of construction. In addition, the mitigation proposal includes the enhancement of approximately 1,400 square feet of adjacent area; non-native vegetation would be removed from the understory (including Himalayan blackberry; Evergreen blackberry, Japanese knotweed, English ivy, English holly, Scotch broom, morning-glory and bittersweet nightshade) and replaced with a mix of native trees and shrubs. The proposed plantings inc€ude 39 trees, 533 shrubs and 8.5 pounds of seed. The proposed trees include 10 Black Cottonwood, 5 Sitka Spruce, 11 Douglas Fir and 13 Western Red Cedar. The shrubs include 47 Vine Maple, 13 Serviceberry, 20 Dogwood, 26 Beaked Hazelnut, 42 Oceanspray, 26 Twinberry, 46 Snowberry, 32 Red Flowering Currant, 9 Sitka Willow, 136 Sand Strawberry and 136 Sword Fern. The seed includes 47% Blue Wildrye, 40% Red Fescue, 10% Tufted Hairgrass, 2% Western Mannagrass and 1 % American Sloughgrass. To minimize encroachment of invasive species from the surrounding areas the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan. Staff recommends as a condition of approval that the applicant comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages L1-L5 of the provide permit set. Height — The COR zone permits a maximum building height of 10 stories and/or 125 feet. The subject application does not propose any permanent structures; therefore, height restrictions are not applicable to the subject proposal. Pedestrian Access — The COR zone pedestrian access regulations are determined through site plan review. The subject proposal allows for improved pedestrian access to the Cedar River where historically citizens have been using the site to access the river without a designated pathway. The improved access drive would preserve and enhance the native vegetation on the site in the shoreline area by providing an easy accessible path to the waters edge. The subject project is proposed to serve as pedestrian access point for the Cedar River in addition to an access point for SPU's broodstock collection facility. The access drive would provide safe and easy access to the Cedar River for foot traffic that is not currently available on the south side of the Cedar River. The access drive would be accessed by pedestrians via the Cedar River Trail, a regional pedestrian trail system. The access drive would also be utilized as a pedestrian access point for the launch of small non- Broodstock_hexrpt08-018 City of Renton Department of Com,,,unity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 14 of 23 motorized water craft such as row boats, kayaks, canoes, and inner tubes for recreational water activities in the Cedar River. The only vehicular access permitted on the subject drive would be the fish transport truck for SPU to move Broodstock from the subject site to their Fish Hatchery at Landsburg, and possibly a hydraulic lift vehicle for transporting fish from the traps to the transport tuck. The public access point would not preclude pedestrians when the fish transport tuck is entering or leaving the access driveway. Parking/Circulation — The parking regulations do not address parking requirements for "Natural Resource Extraction/Recovery" and/or outdoor recreational activities. The applicant has proposed to utilize the existing parking for Narco Park. Staff recommends approval of the proposed parking plan for the following reasons: The newly created access point to the Cedar River is an improvement to the existing facility and does not create a new use at the site therefore; the access point would not increase demand for parking. Second, the broodstock facility is a temporary facility that would be utilizing the Narco parking area for approximately three months (mid -September to mid - December). Broodstock collection would be in progress after the peak summer season (Memorial Day through Labor Day) for park use. As such, the demand on the existing parking lot would be less and therefore, sufficient parking space would be available. In addition, the Tri-Park Master Plan has indicated that Narco Park would expand its parking significantly in the future, as part of the plan to redevelop the park per the Master Plan. Expanding or requiring changes to the existing parking lot at this time may be inconsistent with the Tri-Park Master Plan and therefore, would have to be removed at a later date, increasing cost to the City. The proposed access drive is across two parcels one of which is owed by WSDOT and the other is owned by the City of Renton. To ensure that SPU has permission to utilize the proposed access facility, staff recommends as a condition of approval that the applicant successfully obtain access easements from WSDOT and the City of Renton. (c) Mitigation of impacts to surrounding properties and uses. The potential impacts of the subject proposal to surrounding properties include visual impacts to the Renton Community Center and the activities that take place in the Cedar River Park. The visual impacts are proposed to be mitigated in the following manner: the applicant has proposed the smallest possible access drive to achieve their goal of broodstock collection, which results in the least amount of vegetation removal as possible (Exhibit 28 & 29). The applicant is preserving as many trees as possible along the south bank in addition they are providing additional plantings to mitigate for permanent impacts to the area (see criterion `(b)' above). To mitigate for the weir's visual impacts the applicants are proposing public outreach and education. This includes fixed interpretive and educational panels, two 2-foot by 3-foot freestanding panels along the river's right bank above the weir. Panel one would be entitled "Lifestyles of the Fish and Famous" addressing what is in the river (sockeye, Chinook, coho, steelhead, rainbow trout, suckers, cutthroat, and whitefish), when they are in the river, developmental phases in the river, diagram of life cycle of anadromous/freshwater fish, and sockeye in the Cedar River. During broodstock collection (the only time the weir would be in the river) the above sign would be replaced with a interruptive sign addressing broodstock operation, hatchery, Muckleshoot Indian TribeNVDFW co -managers of sockeye fishery, adaptive management, and sockeye life cycle. The second sign would be entitled "Born to be Wild: Native habitats and plants". This sign would include information on plant identification and specific animals they support, erosion control, riparian zones, how people can help salmon and native habitat at home. In addition to the interpretive signs, SPU is also proposing an interpretive kiosk on the left bank overlooking the broodstock weir. The four - panel kiosk would include five main topics, with the last two installed on a rotating basis, depending on if the weir is in operation. The five topics are as follows: 1) Overview of the regional trail system, 2) Rules and Regulations, 3) History of land ownership and use, 4) Sockeye in the Cedar (seasonal sign posted during collection phase), and 5) Source to Sound and Faucet (posted when not collecting sockeye). Over time, the subject signs may Broodstock hexrpt 08-018 City of Renton Department of Com,,,unity & Economic Development Preliminary Report to the Hearing Examiner SPU broodstock Facility LUA08-098, SA-H, CU-H, U-H, SM PUBLIC HEARING DATE August 12, 2008 Page 15 of 23 deteriorate and/or be vandalized and repair and maintenance would be needed. To ensure that the proposed educational outreach signs and kiosk remain in good repair, staff recommends as a condition of approval that SPU be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. (d) Mitigation of impacts of the proposers site plan to the site. The site plan would have impacts on a shoreline of the state as discussed above (in criterion 'b'). A mitigation plan has been proposed including a five year maintenance and monitoring plan. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). This includes but is not limited to silt fencing, Bio-Bags and a Turbidity Curtain. (e) Conservation of area -wide property values. The proposed community access and broodstock collection would enhance what is a currently a vacant and unimproved site. The project is expected to conserve and potentially enhance area -wide property values, with the addition of a new pedestrian access point to the Cedar River. The shoreline enhancement/mitigation plan would remove invasive species from the project site, which is anticipated to improve the quality of the subject property resulting in increased property values. Moreover, the existing vacant site has indications of vagrants using the property as a "resting place" in addition the site has been scattered with litter. The location of an access facility on this site would increase visibility and pedestrian activity keeping the area safer. The mitigation proposal would clear the site of trash and during broodstock collection there would be staff members on site 24 hours a day 7 days a week, resulting in added security. (0 Safety and efficiency of vehicle and pedestrian circulation. Ingress to the site is proposed from Narco Road on the south side of the Cedar River to the rivers edge by crossing the Cedar River Trail down the south bank of the Cedar River. The applicant has proposed to place removable bollards along the south side of the Cedar River Trail to prevent unauthorized vehicles from accessing the drive. The drivers of the fish transport tuck would yield to pedestrian traffic on the Cedar River Trail, which would ensure safe and efficient vehicular and pedestrian circulation. During construction of the access roadway, the Cedar River Trail would be temporally closed. The applicant has proposed to provide a pedestrian detour around the construction site with temporary asphalt and signage (Exhibit 10). Staff has determined the detour and signage would be satisfactory for pedestrians using the trail on a regular basis. Although, the City of Renton uses the Cedar River Trail for public sponsored events annually, some of which are Renton River Days and the Candy Cane Fun Run. In order to ensure construction of the access drive does not interfere with public sponsored events; staff recommend as a condition of approval that site construction be timed to not interfere with City sponsored public events planed along the subject portion of the Cedar River Trail. The weir would be placed within the Cedar River, which supports non -motorized boat traffics and moderate recreational use, especially in the summer months. A boat passage cap in the weir structure would allow for safe boat passage and other forms of non -motorized water craft movement over the top of the weir. The weir has many safety aspects inherent in its design for passing objects and not trapping surface objects and safety would be augmented with operational elements (monitoring, cleaning, etc.), buoys, safety lights, and warning signs. Signs for river users would be posted upriver at Riverview Park and along the riverbank between Riverview Park and the weir. The applicant indicated that throughout the season, the weir and its operation would be evaluated to identify potential risks and immediate action would be undertaken to eliminate or minimize those risks. In addition, there would be signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. In addition, there are safety concerns for the proposed cable that is proposed to be seven feet above the ordinary high water mark (OHWM) of the Cedar River. During higher flows the seven foot clearance would be reduced causing safety issues to recreational boaters and kayakers who frequently use the river, specially during higher flows. Do to the number of Broodstock_hexrpt08-018 City of Renton Department of Con .... unity & Economic Development Preliminary Report to the Hearing Examiner SPU broodstock Facility LUAOS-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 96 of 23 safety concerns to pedestrians and recreational boaters, staff recommends as a condition of approval that a safety management plan be provided to the City of Renton for review and approval. (g) Provision of adequate tight and air. The subject project does not propose any permanent structures. Do to the nature of the proposed project, staff expects the project site would provide for adequate light and air. The applicants submitted a lighting plan for the subject site that indicates three light poles would be provided on site. The first two are located along the south side of the access drive the third is located south of the ordinary high water mark of the Cedar River and west of the access drive. The third pole has two lights mounted; one to illuminate the access drive the other to illuminate the weir. The proposed lighting plan appears adequate to sufficiently light the area of work during periods of low light. In addition, the applicant provided a luminaire schematic (Exhibit 25) that indicates all proposed light fixtures would cast light within the property boundaries of the subject site; except for one of the proposed lights on pole number 3. This light would shine out into the Cedar River to illuminate the weir, as to aid the workers in clearing and/or cleaning the weir of debris at any time of day. This light would only be used when necessary in order to prevent adverse affects on aquatic life within the Cedar River. (h) Mitigation of noise, odors and other harmful or unhealthy conditions. It is anticipated that noise and air quality (dust) impacts consistent with typical construction practices would result from the initial construction of the site. These short-term impacts would be mitigated by the applicant's construction mitigation plan. In addition, the applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays or after 8:00 pm and no work is permitted on Sundays. During broodstock collection, the applicant has proposed to locate refuse and recycling containers for staff within the utility/equipment trailer. The contents of the refuse and recycling containers would be removed weekly (or more frequently if necessary) and managed off -site. There would be a wastewater holding tank built in to the "residential" trailer in order to provide restroom facilities to staff. Wastewater tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. As proposed, staff does not expect the refuse, recycling or wastewater tank to create any harmful or unhealthy conditions. Upon project construction, staff does not expect the proposed development to generate any harmful or unhealthy conditions. Noise impacts associated with increased traffic and activities resulting from the completed project would not increase significantly above existing conditions in this area of the City. (i) Availability of public services and facilities to accommodate the proposed use. Fire Department and Police staff indicated existing facilities are adequate to accommodate the subject proposal. The project would not require the use of a sanitary sewer connection. Restrooms would be provided for broodstock collection staff within the temporary trailer. The applicants have indicated the waste water holding tank within the trailer would be pumped once a week or as needed. Seattle Public Utilities is proposing to extend water service and electricity to the site. The combination of existing facilities and proposed facilities would accommodate the proposed use. (j) Prevention of neighborhood deterioration and blight. The proposal would redevelop an existing vacant site. The development would include the construction of a new access point on the Cedar River from an existing pedestrian trail (Cedar River Trail) with associated native landscaping improvements (see criterion 'e' above). The improvements planned within this project proposal are expected to increase property values; therefore, staff does not anticipate neighborhood deterioration or blight to occur as a result of this proposal. Broadstock_hexrpt 08-018 City of Renton Department of Com„unity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 17 of 23 6. CONSISTENCY WITH CONDITIONAL USE CRITERIA., Section 4-9-030.G lists 11 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application. These include the following: (1) CONSISTENCY WITH THE COMPREHENSIVE PLAN, ZONING CODE & OTHER ORDINANCES: The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. (a) Comprehensive Plan Land Use Element The subject site is designated Commercial/Office/Residential (COR) and Residential Low Density on the City's Comprehensive Plan Land Use Map. See staffs consistency evaluation in "Site Plan Consistency" section 5 above. (b) Zoning Code See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (c) Development Standards See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (2) COMMUNITY NEED. - There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Hearing Examiner shall consider the following factors, among all other relevant information: (a) The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The applicant contends that the proposed location of the broodstock facility would not result in the over -concentration of this type of facility within the City of Renton. There can be only one fish collection facility of this type on the Cedar River within the City of Renton and the immediate area. Staff concurs that there are no other existing or proposed broodstock facilities with in the City of Renton; as such, an over concentration of broodstock facilities is not anticipated. (b) That the proposed location is suited for the proposed use. The applicant contends the proposed location is well suited for a public access point and the broodsock collection facility. The access point would be across the river from the Cedar River Park and adjacent to a public parking lot that is primarily used for the Cedar River Trail access and parking. In addition, the applicant has indicated that the proposed project would benefit the community at large. The construction of a trail to the edge of the Cedar River would allow public access to the river. The access can serve as a boat launch for small non -motorized boats such as kayaks or canoes that can be carried from the upper parking lot to the river. The removable weir would be in place from mid -September to mid -December and would be stored off -site when not in use, providing full and unobstructed access more than eight months out of the year. Staff concurs with the applicants conclusions that the proposed project would benefit the community at large. The project is proposed at a location suited for the proposed use and would not result in an over concentration of a particular use within the City. Broodstock_hexrpt08-018 City of Renton Department of Co rnity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 18 of 23 (3) EFFECT ON ADJACENT PROPERTIES: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (a) Lot Coverage: Lot coverage shall conform to the requirements of zone in which the proposed use is to be located. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (b) Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (c) Height: Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, belltowers, public utility antennas or similar structure may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding used in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures_ See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. The applicant contends the proposed facility would not result in substantial or undue adverse effects on adjacent property; because the proposed facility is compatible with 1-405, the Cedar River Park, and Narco Park, which are all properties within close proximity to the subject site. Staff concurs with the applicants conclusions that there would not be substantial or undue adverse effects on adjacent property. (4) COMPATIBILITY. - The proposed use shall be compatible with the residential scale and character of the neighborhood: The applicant contends that the proposed use is compatible with the residential scale and character of the neighborhood. There are no residences in the immediate area of the proposed facility and the access road would be located off of the existing Narco Road, which currently is blocked to vehicle traffic immediately east of the access point. Staff has reviewed the proposal and concurs with the applicant; that the proposed use would be compatible with the scale and character of the neighborhood. Although, the subject project includes some inherent unpredictably as to how it functions and its compatibility to the site and surrounding areas; as such, staff recommends as a condition of approval that the Conditional Use Permit be limited to a time frame of five years. (5) PARKING: The proposal does not include any parking spaces. A 15 to 20-foot wide drive aisle is proposed and it is anticipated that the fish transport truck would park in the drive aisle. The applicant has indicted that the existing parking lot that is used to access the Cedar River Trail, would be used for staff parking and for the temporary trailers. It is anticipated that in addition to the temporary trailers, 2 to 4 parking spaces would be used by the broodstock facility employees while collection is in process. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. Brood stockhexrpt08-018 City of Renton Department of Co ....... inity & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 19 of 23 (6) TRAFFIC: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area. The applicant contends the project would have some impacts to both vehicle and pedestrian/bicycle traffic in the parking lot area during the collection period. From one to three times a day, the fish hauling truck would access the site via the parking lot and cross the Cedar River Trail to drive down the river. Signs would be mounted in both directions on the trail warning users approaching the site of potential truck crossing ahead. See additional evaluation above in "Site Plan Consistency" section 5, Safety and efficiency of vehicle and pedestrian circulation. (7) NOISE, GLARE. Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on -site parking areas, outdoor recreational areas and refuse storage areas. The applicant contends the operation of the broodstock facility would create some additional noise, but given the close proximity to 1-405 it should be neglible. The proposed lighting system would be designed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system would be on a separate circuit, to be activated only during fish collection operations. See additional evaluation above in Site Plan Consistency section 5. (g) "Provision of adequate light and air". (8) LANDSCAPING: Landscaping shall be provided in all areas not occupied by building or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. The applicant has indicated that a comprehensive landscaping plan has been proposed for the project site. The plan includes the clearing of noxious weeds (blackberry, Japanese knotweed, ect.) and replanting the area with native and non- invasive trees, shrubs and other plants species. Staff recommends approval of the landscaping/mitigation plan as the majority of the project is within critical areas. See "Conformance with Zoning Regulations" (b) evaluation in "Site Plan Consistency' section 5 above. (9) ACCESSORY USES: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located. The applicant contends there are no accessory uses planned for this site. For the purposes of staff's evaluation, the temporary trailers are considered an accessory use to "Natural Resource Extraction/Recovery" within the RC zone. Accessory uses to "Natural Resource Extraction/Recovery" is allowed within the RC zone subject to the approval of a Conditional Use Permit. Staff is recommending approval of the Conditional Use Permit. (10) CONVERSION: No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter. No conversion is proposed. Broodstock_hexrpt 08-018 City of Renton Department of Corr —,unity & Economic Development Preliminary Report to the Hearing Examiner SPU broodstock Facility t_UA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 20 of 23 (11) PUBLIC IMPROVEMENTS: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services. Approval of a conditional use permit may be conditional upon the provision andlor guarantee by the applicant of necessary public improvements, facilities, utilities, andlor services. The applicant contends the proposed project would not impose undue burden on any public improvements, facilities, utilities or services. During the fish collection season, a portable trailer would be located onsite to house operation staff 24 hours a day, 7 days a week. In addition, a smaller equipment trailer would be placed adjacent to the living quarters to allow for storage of equipment and clothing. A 3/-inch water service would be installed to provide potable water to the upper portion of the project site. Refuse and recycling containers would be placed in the utility/equipment trailer and their contents would be removed weekly and managed off -site. Restroom facilities would be located in the trailer designated as temporary living space. There would be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities would be separately metered and usage would be paid for by SPU. 7. CONSISTENCY WITH VARIANCE CRITERIA: Section 4-9-25013.10 Lists 10 criteria that the Hearing Examiner is asked to consider, along with all other relevant information; in making a decision on a Variance application. These include the following: (1) Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served: The applicant contends the subject project is consistent with the Comprehensive Plan specifically the following policies: Policy EN-2: Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply energy production and open space. Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. In addition, the applicant has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies. One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period. Staff has reviewed the request and concurs that the placement of the broodstock facility along Cedar River near 1-405 crossing is the best location to serve the public's health, safety, and welfare. if order to utilize the subject location for this purpose the least amount of trees to remove would be five. The applicant is requesting the minimum necessary to construct a functioning broodstock facility and Cedar River access facility. Brood stock_hexrpt 08-018 City of Renton Department of Go ... i,.unity & Economic Development Preliminary Report to the Nearing Examiner SPU broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PU81_iC NEARING DATE August 12, 2008 Page 21 of 23 (2) Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies: The project is located in an area primarily designated as Commercial/Office/Residential and borders on a Resource Conservation zone. The two land use policies of particular relevance to the proposed project are as follows: Policy LU-62: Natural and cultural resources should be identified by project proponents when applying for land use approval, as part of the application submitted for review; and Policy LU-90: Siting of regional facilities that are specialized (e.g. landfills, maintenance shops) or serve a limited segment of the population (e_g. justice centers) should rely more strongly on the special locational needs of the facility and the compatibility of the facility with surrounding uses. The applicant has indicated the proposed broodstock collection is a very specialized regional facility that must be located on the river. The adjacent land uses, the 1-405 transportation corridor and Renton's Narco Park are compatible with the proposed facility. Staff has reviewed the subject proposal and has determined the proposal conforms to the Comprehensive Land Use Plan and the Tri-Parks Master Plan. As such, staff concurs with the applicants conclusions. The removal of the five trees in the shoreline area would be necessary for the broodstock project and access facility to be constructed. The applicant has provided a mitigation plan that includes enhancement of the shoreline for the loss of trees and five -years of maintenance and monitoring. (3) Each facility must serve established, identified public needs. - The applicant contends that the proposed project serves established, identified public needs as shown in the Landsburg Mitigation Agreement and in the City of Renton's Comprehensive Plan Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Staff has reviewed the variance request and concurs that the removal of five trees to provide a broodstock facility and public access facility would serve an established and identified public need. (4) No practical alternative exists to meet the needs.- SPU considered the following alternatives: A) SPU contends that relocating the driveway within the proposed location further east or west would result in the loss of additional and/or larger trees. B) In addition, SPU contends that if no trees are removed then there would be no driveway to the water's edge. Fish could not be moved by crane from the river to a truck. Thousands of salmon would be transported by hand from the river to the roadway, which would be much more stressful to the captured sockeye, much more time consuming and riskier for the workers transporting the fish. Based on the applicant's justification for the site selection, staff concurs that the proposed variance is the minimum necessary to accomplish the desired purpose. (5) The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts: The applicant has indicated that the lost trees would be replaced at a 2:1 ratio. The proposed driveway has been located to avoid to very large cottonwood trees. The applicant proposes to compensate for the permanent loss of 717 square feet of riparian vegetation in the shoreline area by enhancing 1,400 square feet of adjacent buffer. The enhancement activities include removing non-native trees, inciuding a Brood stock hexrpt 08-018 City of Renton Department of Co ...... unity & Economic Development Preliminary Report to the Hearing Examiner SPU Sroodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 22 of 23 substantial number of conifers. In addition, approximately 9,950 square feet of additional area would undergo invasive species removal and would be restored with native trees, shrubs, and groundcover. Staff concurs with the applicant's conclusions that the project proposal takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. (6) The proposed activity results in no net loss of regulated wetland or stream/take area, value, or function in the drainage basin where the wetland, stream or lake is located: The applicant contends that the proposed project does not result in a net loss of regulated wetland or stream/lake area, value or function. The proposed project would remove five trees (poplar, red alder and big leaf maple). The vegetation would be restored in the manner describe under criterion 5 above. Staff has reviewed the mitigation proposal and concurs that the project would not result in a net loss of regulated wetland or stream/lake area, value or function. (7) The proposed activities would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State: The applicant contends that the proposed project is designated to enhance salmon recovery in the Cedar River. The proposed action requiring a variance would not jeopardize the continued existence of endangered, threatened or sensitive species. Staff concurs with the applicant's conclusion that the proposed activity would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. (8) That the proposed activities would not cause significant degradation of groundwater or surface water quality. - The applicant contends that the proposed activities would have no effect on groundwater, and they would not cause degradation of surface water quality. Staff concurs that the proposed activities would have no effect on groundwater or surface water quality. (9) The approval as determined by the Hearing Examiner is a minimum variance that would accomplish the desired purpose: The applicant contends that this is the minimum variance necessary. The variance would allow a driveway to be built to the river's edge. The driveway would be sited to avoid removing even larger existing cottonwood trees. If the applicant only removed the three trees in the direct path of the driveway and access road, the remaining two trees would be a hazard to workers, as the root zone would be severely damaged and leave the trees vulnerable to falling. Staff has reviewed the proposal and concurs with the applicant's conclusions that the removal of five trees within the shoreline area is the minimum necessary to accomplish the desired purpose. (10) The proposed variance is based on consideration of the best available science as described in WA 365-195-905: The applicants contends that the proposed site was recommended in the Cedar River Sockeye Hatchery Project Final EIS, dated March 2003. The EIS was prepared by Seattle Public Utilities, R.W. Beck Inc. Adolfson Associates, Inc., and Tetra TechiKCM, Inc. Scientist and fishery experts within these organizations assisted with preparation of the EIS. In addition, the applicants have indicated that the proposed mitigation plan (described above in criterion 5) was prepared by Tetra TechiKMC, Inc. and the Watershed Company, and follows standard vegetation restoration practices. Broodstock hexrpt 08-018 City of Renton Department of Com,nuoity & Fcanomic Development Preliminary Report to the Hearing Examiner SPU 8roodstock Facitit LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DA TF August 12, 2008 Page 23 of 23 Staff concurs that the proposed variance request is based on consideration of the best available science_ In addition, the FEIS was appealed five times though the Washington State Court System and was deemed adequate. G. RECOMMENDATION: Staff recommends approval of the Site Plan Review, Conditional Use Permit and the Variance for the SPU 8roodstock Facility, Cedar River Access Facility to be located along the south bank of the Cedar River at 1-405 bridge and immediately upstream of the bridge (parcel numbers 172305-9179 and 172305-9014). Project File No. LUA08-081, SA-H, CU-H, V-H, SM subject to the following conditions: 1. The applicants shall successfully complete a memorandum of agreement (MCA) between SPU and the City of Renton for the management and use of City property. The MCA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to operation of the broodstock facility. 2. Site Construction (anticipated to be approximately two months) shall not interfere or hinder City sponsored public events planed along the subject portion of the Cedar River Trail, including but not limited to Renton River Days and the Candy Cane Fun Run. 3. If the construction of the access road causes slope instability or erosion. The applicant shall provide a slope enhancement and restoration plan approved by the City of Renton Department of Community & Economic Development, Planning Division project manager. A maintenance and monitoring plan for the approved enhancement and restoration plan would also be required. 4. The applicants shall be required to adhere to the provided Cedar River Access Facility Management Plan, dated June 30, 2008. 5. This Conditional Use Approval is valid for a period of five years. Prior to expiration the applicant shall provide the city with a written request for the subject Conditional Use Permit to be reviewed by the decision maker to determined if changes are warranted and/or if the agreement can be extended an additional five years. 6. Prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the concerns of SPU's proposed broodstock facility on the City's ability to meet the requirements of the Hydraulic Permit Approval #G1503-1 (Cedar River Section 205 Flood Hazard Reduction project). 7. The applicant shall be required to provide a safety management plan to be reviewed for approval by the City of Renton's Human Resources/Risk Management department prior to operation of the broodstock facility. 8. Applicant shall be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. 9. Applicant shall successfully obtain access easements from the Washington State Department of Transportation and the City of Renton prior to operation of the broodstock facility. 10. If any Native American grave(s) or arch aeologicallcultural resources (Indian artifacts) are found all construction activity shall stop and the ownerldeveloper shali immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation. 11. 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