Loading...
HomeMy WebLinkAboutD_HEX_Decision_LUA-05-133April 25, 2006 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: IDA Group, LLC I.D. Kline Corporation 95 S Tobin Street Renton, W A 98055 Rainier Mixed Use South Parking Lot File No.: LUA 04-093, ECF, SA-A And LUA 05-133, V-H West of Rainier Avenue North and north of Chang's Mongolian Grill. Southeast ofNW 6th Street. South Parcel, 20.012 square feet and a north parcel 59,951 square feet. Administrative Site Plan and Variance review for the construction of27 parking spaces within a surface lot associated with Chang's Mongolian Grill restaurant. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on March 7, 2006. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 14, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, March 14,2006, at 9:03 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affIrmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No.2: Neighborhood Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No.3: Overall Site Plan Exhibit No.4: South Lot and South Wetland Fill Plan Exhibit No.5: North Wetland Enlargement and Exhibit No.6: Conceptual Planting Plan Enhancement Plan Rainier Mixed Use South P; 19 Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 2 Exhibit No.7: Demolition and TESC Plan Exhibit No.9: North Wetland Grading and Drainage Plan Exhibit No 11: ERC Mitigation Measures Exhibit No 13: Letter from Hugh Mortensen, The Watershed Company, dated December 13,2005 Exhibit No.8: Parking Lot Grading and Drainage Plan Exhibit No. 10: Zoning Map Exhibit No. 12: Letter from Kathy Curry, The Watershed Company, dated August 3 1,2004 The hearing opened with a presentation of the staff report by Keri Weaver, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The proposal would create a 27 stall parking lot on approximately 20,000 square feet of a 1.55 acre parcel located on the west side of Rainier Avenue North with a driveway connection from the existing Chang's Mongolian Grill parking lot located off of Rainier. This is proposed to provide overflow parking for the restaurant and to accommodate the current rush hour parking shortages on the existing parking lot. The site of the south wetland area has significant areas of steep slopes with ravines and wetlands located at the bottom of those slopes and are largely wooded at this time. The site is bounded by residential properties to the west, the large change in grade does provide a natural separation buffer. The site is zoned Commercial Arterial (CA) and the parking lot is a pennitted use within that zone. The proposed design of the parking lot drainage and access points does comply with the zone requirements. In order to construct a parking lot on this location, it will be necessary to fill a small area of wetland and wetland buffer on a wetland that has been identified by the applicant as meeting the requirements of a Category 3 wetland classification. This wetland is located on the south side of the property between two areas of steep slopes. The applicant proposed to mitigate this impact to the wetland by offsite creation and enhancement at a ratio of 1.5: 1 on what is referred to as the north wetland, a Category 2 wetland on a non-contiguous property under the same ownership. The applicant also proposed buffer averaging for the north wetland with a 25-foot buffer instead of 50-feet on the east side, which is currently under review as Rainier Station. There is an onsite watercourse extending from the Category 3 wetland that is proposed to be culverted to accommodate the parking lot. In order to remove trees and vegetation within 25-feet of this watercourse area, a variance will be required. The project is not subject to the current critical areas regulations. The applicant has justified the variance request by demonstrating hardship caused by the topographical limitations of the property including steep slopes, wetlands and the on-site watercourse that does prevent the majority of the site from being used for commercial development as allowed by zoning without significant alteration of the terrain and removal of sensitive areas. The project represents a minimal disturbance of the property. Mitigation conditions will be imposed through the SEPA DNS-M and the site plan conditions to prevent erosion and runoff and disturbance to wetland areas and to enhance an off-site wetland of a higher category. Prior to final approval, additional information will be necessary to finalize the category determination of the south wetland. Consultants have indicated that it may meet the requirements for a Category 2 wetland. This Rainier Mixed Use South Panung Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 3 does not impact the applicant's vested ability to undertake the proposed partial fill or to place the parking lot in the desired location. The Examiner stated that we should know what the category of the wetland actually is before proceeding any further. Ms. Weaver stated she had been informed that they could proceed with preliminary approval, as the location of the parking lot would not need to be altered, it was the off-site mitigation that could be required to increase on the north wetland without having an effect on the south wetland. If it is determined that the south wetland meets the requirements of a Category 2 wetland the applicant would be required to undertake additional off-site mitigation that would occur on the north wetland by increasing wetland creation, enhancements or buffers. A Category 3 wetland normally requires a 25-foot buffer and a Category 2 would require 50-feet. The modification to the parking was requested because currently Chang's has sufficient parking under code to serve the size of the restaurant. They requested a modification in order to provide additional parking off-site. It was determined, after review, that there is sufficient traffic and need to justify this modification. There was discussion regarding the removal of the natural detention provided by the wetland and whether or not that would contribute to future downstream problems or flooding. Rich Wagner, Baylis Architects, 10801 Main Street, Ste. 110, Bellevue, WA 98004 stated that the goals of the project were to make a commercially zoned property productive. There is an existing restaurant that could be much more productive, there are not a lot of alternative uses for a site like this and in this particular area given the boulevard that it is on, there is an immense amount of traffic but not a lot of transit. The City does try to keep the amount of asphalt low and yet access high. The City parking cap is not necessarily applicable here and that is why they have asked for the modification. This site is separated from the residential and the residential people have been advised about this potential rezone. There have been no comments from these people concerning this application. The parking lot is going to be an important aspect to the existing restaurant, it is also believed that as this area continues to redevelop that parking lot will be in the right location. The quality of this wetland, based on research, is not the same quality as the Class 2 that is to the north. By enhancing the Class 2 the neighborhood is getting a better environment from this change. The Examiner stated that there is dispute over the wetland. The Category of that wetland has been undecided. Mr. Wagner stated that experts had been brought in to make a determination. Last year the City did invite an opinion from the Watershed Company, they did an independent investigation. Those findings were never seen until just a couple of months ago. Last year Watershed did another analysis. There seems to be two professional opinions that do not agree. The Examiner stated that that may be the case, but at this point he does not have the information that is needed to make a decision on this property. The City and applicant can resolve it and find it is a Category 2, or the City can decide that it is a Category 3 and then go ahead and expend the north wetland further. A third option is that the applicant can appeal the determination of the category of the wetland. Rainier Mixed Use South Pa g Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 4 He would like to know the category of the wetland that is proposed to be buried, along with the stream course that feeds it and beyond. Also, according to the report, it is not known if the wetland is filled will it displace water around it. Mr. Wagner stated that HBL has taken this project all the way to a building permit application and so it is known that it does accommodate a displacement. What he does not have is the documentation, but that can be presented to staff to make sure that that question is addressed and removed from the table. If for some unknown reason it were determined to be a Class 2 wetland, the actual work on this particular site would likely not change. The fill mitigation that is proposed on the north wetland is an expansion of a Class 2 wetland to mitigate the fill of the Class 3. The wetland itself continues up into the valley and there would be plenty of opportunity to buffer average in that area. HBL was brought in two years ago for the examination of this site, basically the intent is to clean up the trash and continue to clean up any noxious weeds that show up. The wetland area is fairly well cleaned up currently and that is because when the applicant took over ownership of the property they went in and cleaned the area. This site is owned by IDA Group. Because the site is so close to the Lake Washington basin, it was inappropriate to have retention/detention here, however, they were striving for water quality and that is why the biofiltering is being proposed. The Examiner stated that he would probably not close the hearing, Ms. Weaver is not at liberty to make that kind of decision at this hearing. The record would be held open until the matter is clarified. The City has environmental amenities that they try to protect, wetlands get moved, creeks can be put underground in a ditch or pipe and that may not be appropriate. The drainage course may be rerouted. Celeste Botha, 2025 S Norman Street, Seattle, WA 98144 stated that it might not be appropriate at this time for her to make a case for her determination. She went through the letter from the Watershed Company dated August 31, 2004 and explained the issues covered therein. The hydrology patterns have been addressed by the hydrologists and the engineers and require no further interpretation. Permits from the state and federal government are also standard and will be handled at the appropriate time. The minimum buffer that is required is regulated by the ordinary high water mark of the stream and that is included in the wetland so that the stream buffer is inside the wetland itself. The stream flows from the west towards the east and comes from offsite to the west and then goes into a series of pipes into the lake. As far as disturbance to native buffer areas, that will be addressed in the next phase and refers to the north wetland area where the mitigation is going to occur. The delineation report explains why this area, although the water is very close to the surface, the Watershed Company accepted the delineation and therefore agreed that it did not meet the wetland criteria. The performance standards have been changed in the most recent revisions to the wetland report will be submitted soon. The request was to put in the parking lot prior to the mitigation measures on the north wetland being in place for 12 months. The mitigation measures on the north would be in place and completed before any work was started on the south lot, they just would not have been monitored for 12 months. Item 10 in the Watershed letter has been revised for future submittal. A five-year monitoring schedule will be provided. Rainier Mixed Use South ParlUng Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 5 The next letter from Watershed dated December 13,2005 was the first time that the applicant became aware that Watershed was involved. This was the first that they became aware that the categorization of the south wetland was accurately delineated but there was some trouble with the categorization. The watercourses classification is difficult, the City did not originally classify watercourses. She discussed with the City and as she understood it, those sections of the Code were reserved. As far as buffers being increased where the slopes exceed 15% there is ample space on the project for this to occur, the drawings can be revised to show the increased buffer area. Mr. Wagner stated that in both letters from Watershed they talk about exploring different options, many options were explored although Watershed was not a part of that teamwork. The options are, you continue to add more parking or you reduce parking because of the topographic layout, this was the only option to develop the site in any usable way. One idea that Watershed did have was to not do a paper fill, but to do an ecology wall and that appeared to be a great idea. Ryan Jeffries, 2215 North 30th Street, Tacoma, WA stated that he was here to speak about the drainage on the property, the existing watercourse flows from the west into the site through the wetland via the stream and is currently collected in a catch basin in the middle of the site. That flow from the stream is adequately conveyed through the existing City storm system. The proposal is to add 128 linear feet of culvert at the west edge of the parking lot and convey that into the existing system basically at its current locations. Approximately 120 feet of pipe will be added. The parking lot will be collected in a bio-infiltration facility at the south edge of the parking lot where it will be treated and also a measure of water quantity will be provided via the infiltration facility there, water quality and quantity will be provided in this proposed facility. That facility will overflow into a catch basin and drain into the City system at its current location on the site, which has adequate capacity. The surface water runoff flow rates will be increased slightly, however they will be mitigated via the infiltration facility that will be provided on-site so that the downstream system will not be significantly altered in terms of its flow rates. The water quality portion of the facility will meet the requirements in terms of removal of total suspended solids, oils, and grease which will all be treated in the bioswale. The Examiner stated that it is very difficult to rectify existing conditions along Rainier with all the facilities that are present but this facility should be designed so that the first flush won't be swept off into the lake. A wetland and a stream course are being buried to create a parking lot, which is not necessarily an environmental amenity. Mike Dotson, Development Services stated that the engineer addressed most of the Examiner's issues. They would need to demonstrate that the downstream system is sized to convey any future condition flows and that would be a requirement of their engineering design, if it did not they would be responsible to increase the system so that it would adequately convey flows. It was also mentioned that on-site detention would be provided to meet the design storm standards in order to mitigate their on-site runoff from the new impervious area they are creating. As to how much water storage capacity is being replaced by paving the wetland and the area adjacent to the wetland, he had not seen the report and so he did not know for sure. The Examiner stated that it would seem that the applicant would need to know this information prior to doing any work. In this area the water table is not that low and so it is impossible to just carve out a potential holding pond, you might not have the storage capacity there. Rainier Mixed Use South Parl ~ Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 6 Mr. Wagner stated that one of the things that has happened on this application is HBL, on behalf of the applicant, has actually filed for construction pennits. It was a review of those construction pennits that triggered a couple of the things that needed to be revised for the tree cutting ordinance, which brought forth the variances today. The application that had been filed with the City was suspended because of the processing of that construction pennit pending this hearing. The infonnation can be gathered and given to the Examiner ifhe wishes. The Examiner stated that he would close this session, but not the hearing. In order to go forward, he wants to know the Category or Classification of this wetland. If the parties wish to agree to the greater standard so it is final and done, that will be acceptable. The record will be open until that infonnation is received. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10: 16 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, IDA Group, LLC, and ID. Kline Corp., filed a request for a Variance from the Tree Cutting and Land Clearing Regulations, as well as a Site Plan approvaL 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance -Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The primary subject site is located west of 505 Rainier Avenue North and southeast ofNW 6th Street if that street were extended to the east. The site is located north of Chang's Mongolian Grill, a restaurant. If the variance allowing vegetation removal is approved, a parking lot would be developed to serve that restaurant. The applicant would also fill a portion of a wetland on this primary site to enable the construction of the parking lot. 6. A second parcel involved in the application is north of the first. It also contains a wetland. This second wetland would be enhanced to offset filling wetlands on the proposed parking lot parceL 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of employment generating uses, but does not mandate such development without consideration of other policies of the Plan. 8. The subject site is currently zoned CA (Commercial Arterial). 9. The subject site was annexed to the City with the adoption of Ordinance 1461 enacted in November 1963. Rainier Mixed Use South Par, ... ug Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 7 10. The parcel is approximately 20,012 square feet. The applicant would develop approximately 9,200 square feet for the parking lot. 11. The south parcel contains approximately 16,600 square feet of wetlands while the north parcel contains approximately 21,700 square feet of wetland. 12. The applicant proposes filling approximately 2,017 square feet of wetland and 1,574 square feet of required buffer for total fill of 3,591 square feet to create the parking lot. 13. The parking lot would be northwest of the existing restaurant site. It would be to the rear of an auto repair business. It would be connected by an approximately 80-foot long aisle way to the existing restaurant. The parking lot aisle would be aligned in an east to west direction with the parking stalls oriented in two tiers with cars parked in a north to south orientation. The lot would accommodate 27 vehicles. 14. As noted, there is a wetland on the subject site. The wetland is at the base ofa ravine in the slopes above Rainier Avenue. The wetland was categorized by the applicant's wetland consultant as a Category 3 Wetland. The City's wetland consultant categorized it was a Category 2 Wetland. The status was unresolved at the time of the public hearing. Subsequent to the hearing, on April 6, 2006, the Development Services Director issued a decision that the wetland is a Category 3 wetland but noted in that decision that it appeared to be a close call. 15. There is an onsite watercourse that drains the wetland area and flows toward Rainer Avenue. The applicant proposes clearing vegetation within the 25-foot buffer and culverting the watercourse to develop the parking lot. 16. Chang's Restaurant has 43 on-site parking stalls. Staff reports Chang's Restaurant has 3,500 net square feet of floor area. Code requires 1 parking stall per 100 square feet for eating and drinking establishments or 35 stalls for the restaurant. Currently the restaurant has eight (8) more stalls than required by code. The applicant proposes developing 27 additional stalls for a total of 70 stalls. A modification to develop the excess parking is required. It was approved by the Administrator. 17. The restaurant seats 140 patrons. The applicant maintains that during lunch and some dinner hours the existing parking lot is full and patrons leave since they cannot find parking. 18. Access to the new lot would be via a 22-foot wide driveway from Chang'S existing lot and its driveway on Rainier. CONCLUSIONS: Variance 1. Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; Rainier Mixed Use South Par Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 8 b. The granting of the variance would not materially hann either the public welfare or other property in the vicinity; c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property is not ripe for the variance requested. 2. An analysis of the requested variance involves not only the direct impact of approving the variance but the additional ramifications. In this case, the applicant seeks a variance to cut down trees or vegetation along a stream corridor but in fact granting the variance will result in the culverting of a surface water feature. So while it appears that only vegetation in the required 25-foot buffer would be removed if the variance is approved, the approval actually grants the applicant pennission to remove a creek, a natural, if not critical feature, that is fed by a wetland, another critical feature, located at the base of steep slopes, yet another critical feature. The issue really comes down to whether or not an applicant who purchases or owns a severely constrained site, one with steep slopes, wetlands and a stream suffers a unique hardship that justifies clearing vegetation in the stream's buffer and then culverting the stream, effectively eliminating that stream. The entire request is driven by a request for more parking for a use that already has more than adequate parking according to code standards. The variance cannot be justified under these circumstances. Creating an enlarged parking lot over a portion of a wetland and eliminating a stream is contrary to City goals to maintain environmentally sensitive areas. Of course, as with any Comprehensive Plan policy, one can find a countervailing one. In this case economic development would be the other side of the coin. But using a need for more parking than required by code to eliminate a portion of a wetland and pave over a creek is untenable and does not strike a reasonable balance. 3. While neither the wetland nor creek are pristine, removing them from the inventory of environmentally sensitive site does not serve the public interest. The fact is that they were allowed to be degraded over the years because there was little interest in such natural features. But big rivers are fed by such little streams. The wetland and even this small drainage channel provide biofiltrationjust like the artificial swales created in many new developments only this one is natural, already exists and serves to filter water that eventually flows into Lake Washington. 4. Approving this variance would create an unjustified precedent. The steep hillside above Rainier Avenue is the source of many seeps. Many businesses can claim that they need more parking than code specifies. This would particularly be the case along Rainier Avenue where there are a number of restaurants and other businesses and no access to on-street parking. This office can completely sympathize with the restaurant. All businesses would want a larger customer base than they can support. The City, in adopting its parking standards, has relied on numerous factors and created a reasonable predictor -the square footage of the business. Economics have generally not been an acceptable basis for establishing a hardship. There must be a physical constraint and trading off a parking lot for a wetland and stream course is not appropriate. 5. There is no justification for approving this variance. Rainier Mixed Use South Par.~ .. g Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 9 Site Plan 6. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the propose 7. The proposal is not compatible with the environmental objectives ofthe comprehensive plan. The applicant proposes filling in a portion of a wetland and while the applicant proposes enhancing a separate wetland, a surface stream will be eliminated and placed in a culvert. Natural features should be protected and enhanced. While enhancement is proposed it is not for this wetland but at an off-site location. This wetland is at the base of a steep hillside and drains into a creek. The creek, even as short as it is and as shallow as it is deserves to be protected. 8. Compliance with building code would be determined at a later date. The proposal involves exceeding the normal complement of required parking. While the modification was approved, it would result in sacrificing a surface creek. 9. The creation of additional parking probably would not have a significant impact on adjacent properties but it could result in additional air pollution and engine noise reaching properties upslope from the site. 10. Asphalting a wetland and culverting a creek does not do much to mitigate impacts to the subject site. It is not appropriate to convert sensitive or environmental amenities to asphalt. 11. The development should not affect property values. 12. It would appear that pedestrian and vehicular circulation are adequate. DECISION: The Site Plan and Variance to allow tree cutting and vegetation clearing are not approved. Rainier Mixed Use South Pa g Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25, 2006 Page 10 ORDERED THIS 25th day of April 2006. ~ 4/(w~ FRED J. KA1dJ II """" HEARING EXAMINER TRANSMITTED THIS 25 th day of April 2006 to the parties of record: Keri Weaver 1055 S Grady Way Renton, W A 98055 Richard Wagner Baylis Architects 10801 Main Street, Ste. 110 Bellevue, W A 98004 Rolland Dewing 210 NW 5 th Street Renton, W A 98055 Ronnie & Roberta McDonald 216 NW 5th Street Renton, W A 98055 Lee & Peggy Christopherson 503 Rainier Avenue N Renton, W A 98055 Mike Dotson Development Services Renton, W A 98055 Celeste Botha 2025 S Norman Street Seattle, WA 98144 Carl P. Burns 213 NW 6th Street Renton, W A 98055 Bruce & Sue Gregg 207 NW 5th Street Renton, W A 98055 TRANSMITTED THIS 25 th day of April 2006 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Stan Engler, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division IDA Group, LLC I.D. Kline Corporation 95 South Tobin Street Renton, W A 98055 Ryan Jeffries 2215 North 30th Street Tacoma, WA Mary Jo Carlson 215 NW 5 th Street Renton, W A 98055 Sherondia Renee Otis 211 NW 5th Street Renton, W A 98055 Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services King County Journal Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section 100Gofthe City's Code, request for reconsideration must be fIled in writing on or before 5:00 p.m., May 8, 2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth Rainier Mixed Use South Pa g Lot File No.: LUA-04-093, ECF, SA-A and LUA-05-133, V-H Apri125,2006 Page 11 the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title N, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee' of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., May 8, 2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing ofthe file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication pennits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. SltePLNJPt.doc , • 1 d\ , , \ 'G\ ~\. \ ~ , , J \ , \ \ :lJ\ \ P,\ -\ 'Z,\ -\ rt\' ').)' TII:I aNVl.1.3M' 1; ~~;I I HJ.flOS aNY I • H Ii .1.0' HmOS : • t ; I · · · · " · · ~ · · • • ~ • • • 1-I :~z :z:~ 1-4:~ U) --1-\1) XU) WRt ! $ 0 N " = - -S' t}: Q :z ~ I If -1 Iv lL D z Exhibit 4 ..- i· -• J l! ~1 0 \ \ \ \ ..... --\,,< ' {, : ' ""'--/ ' , , .~ . .J;...,' I ,... , I I I I I I ' I r ,< ,,' /: / ': I / /' I ( I I \ \ ~\ ~ \ \ \ ) / I / / ./ --,--- IJJC1;;:;~:f1 r---~ , ~ , I , h , r1 ~ &:. , .. , I I I I I I I I Exhibit 9 CITY OF RENTON REVISED DETERMINATION OF NON .. SIGNIFICANCE .. MITIGA TED MITIGATION MEASURES APPLICATION NO(S): LUA04-093, SA-A, ECF/LUA05-133, V-H APPLICANT: JDA Group, LLC& 10 Kline Corp. PROJECT NAME: Rainier Avenue Mixed-Use South Parking Lot DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan review for the construction of 27 parking spaces within a surface lot associated with the adjacent Chang's Mongolian Grill restaurant The proposal includes portions of two large parcels containing Category 2 and 3 wetlands. The Category 3 wetland would be filled to accommodate the parking lot, with wet/and compensation proposed off-site that would include wetland creation, enhancement and buffer averaging. A variance from the Tree Cutting and Land Clearing Regulations is required for proposed vegetation removal and work within the 25-ft. buffer of the onsite watercourse/stream. LOCATION OF PROPOSAL: LEAD AGENCY: MfTIGA nON MEASURES: West ot 505 Ranier Avenue N & southeast of NW 6th Street The City of Renton Department of Planning/BuHamglPublic Works Development Planning Section 1. The project shaH be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume" of the 2001 Stormwater Management Manual. 2. During site preparation and construction, the applicant shall install silt fencing with brightly colored construction flags to indicate the boundaries of the North and South wetlands and buffer areas adjacent to the proposed construction areas. The sa·tisfaction of this requirement shall be subject to the review and approval of the DeveJopment Services Division and be completed prior to the issuance of construction/utility pennits. 3. After the development of parking lot and associated site improvements, the applicant shan install permanent fencing (i.e. split-rail fence or. other approved barrier) and signage along the entire eastern edge of the North and South wetland buffers. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. 4. The applicant shall provide the total buffer fill square footage and an update landscape ptan illustrating the exact locations of where interplanting was installed on the South Parcel as part of the Wetfand Mitigation Plan. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. 5. In the event that archaeological deposits are found during construction, work shall stop and the contractor(s) shall contact the State Archaeologist at the State of Washington Office of Archaeology and HistoriC PreservaUon, phone (360) 586-3065. Exhibit 11 oRe Mitigation Measures Page 1 of 1 DATE: TO: FROM: SUBJECT: PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT MEMORANDUM April 6, 2006 Fred Kaufman, Hearing Examiner Neil Watts, Development Services Director Wetland Classification -Chang's Parking Lot Expansion This memo is in response to your inquiry of the appropriate classification for the wetland area associated with the Chang's Parking Lot Expansion west of Rainier A venue N. I concur with the applicant's conclusion that this wetland area is most appropriately classified as a Category 3 wetland. The specific characteristics of this wetland do not neatly fall into any of the available definitions for either a Category 2 or Category 3 wetland. Our recommendation is based on our review of the definitions for these two categories, and of the characteristics of this particular wetland. This wetland is a section of sloped area, which is subject to seeps and ground water flow, which results in a continually wet condition. It is not a pond or typical wetland with any accumulation of surface water. The area is vegetated with noxious weeds, and has been subject to remediation efforts to remove the undesired plant species. The wet area is adjacent to a drainage course, which is classified as a stream. The stream begins upstream from this location, draining a small basin area consisting of homes, yards, undeveloped slopes and public streets. This wetland is not located at the headwaters of this drainage course. The wetland has very limited value in tenns of nonnal wetland values and functions. It is clear that this wetland is not a Category 1 wetland. The decision is whether it is appropriately treated as a Category 2 or Category 3 wetland. Renton's wetland regulations list out various potential definitions for qualifying as either of these categories. This wetland does not meet any of these definitions, although it most closely meets definition "a" (severely disturbed) of the definitions for a Category 3 wetland. We are left with the last definition for these two categories. A wetland can be classified as a Category 2 if it is not a Category 1 or 3 wetland, or it can be classified a Category 3 if it not a Category 1 or 2. As the wetland fails to completely fit into any of the other definitions for either a Category 2 or 3 wetland, we are left with having to decide where it best fits based on its wetland values and functions. This wetland does not meet the values and functions of a Category 2 wetland as it provides little in the way of hydrological value, limited habitat value and has been severely disturbed with invasive plant species. Therefore, it complies with definition "c" for a Category 3 wetland and is treated as a Category 3 wetland, with associated buffer requirements and replacement ratio requirements. May 30,2006 CERTIFICATE OF MAILING STATE OF WASHINGTON ) ) § COUNTY OF KING ) BONNIE 1. WALTON, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of21 and not a party to nor interested in this matter. That on the 30th day of May, 2006, at the hour of 5:00 p.m your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record, notice of appeal filed by JDA Group, LLC of the Hearing Examiner's recommendation on the construction of27 parking spaces within a surface lot associated with Chang's Mongolian Grill restaurant, involving Administrative Site Plan review (File No. LUA-04-093, SA) and Variance review (File No. LUA-05-133, V). Bonnie 1. Walton, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 30th day of May, 2006. Deborah 1. Evans Notary Public in and for the State of Washington, residing in Bothell