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HomeMy WebLinkAboutD_Critical_Areas_Exemption_210903_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Critical_Areas_Exemption_210903_v1 PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: September 3, 2021 PROJECT NUMBER: LUA21-000294, CAE PROJECT NAME: South Renton Transit Center Building Demolition PROJECT MANAGER: Clark H. Close, Senior Planner OWNER/APPLICANT: Sound Transit 401 S Jackson St Seattle, WA 98104 CONTACT: Dangelei Fox Sound Transit 401 S Jackson St Seattle, WA 98104 PROJECT LOCATION: 750 Rainier Ave S, Renton, WA 98057 (APNs 1923059035, 1923059063, 1923059068, and 1923059074) PROJECT DESCRIPTION: The applicant, Sound Transit, is requesting a critical areas exemption to demolish three (3) of the four (4) existing vacant buildings located at 750 Rainier Ave S. In partnership with Washington State Department of Transportation (WSDOT), Sound Transit is proceeding to implement a new bus rapid transit (BRT) service along I-405, including the construction of a new South Renton Transit Center and BRT station. The subject site is in a highly developed commercial area located at the northeast corner of the intersection of Rainier Ave S and S Grady Way (Attachment A). The site consists of four (4) parcels with a combined area of approximately 361,121 square feet (8.29 acres). The site is within the Commercial & Mixed Use land use designation and Commercial Arterial (CA) zoning district. The site is located in a High Seismic Hazard Area and is in the Downtown Wellhead Protection Area (Zone 2) (Attachment B). The removal of existing structures is not an exempt activity within wellhead protection areas (Per RMC 4-3- 050C.3.g.i) and any applicable requirements from the Critical Areas Regulations within the Wellhead Protection Areas would be reviewed with the demolition building permit. The subject site would maintain access from two (2) existing driveways from Rainier Avenue S and three (3) existing driveways from S Grady Way. Sound Transit is proposing to demolish and retain the following structures to address the public health and safety risk they currently present: DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 City of Renton Department of Community & Economic Development Certificate of Exemption from Shoreline Substantial South Renton Transit Center Building Demolition, LUA21-000294, CAE Development Permit and Critical Areas Regulations Permit Date: September 3, 2021 Page 2 of 4 D_Critical_Areas_Exemption_210903_v1 Parcel Number Previous Use Current Use Approx. Building Size (SF) Proposed for Demolition 192305-9035 Auto showroom and lot Vacant 46,000 Yes 192305-9063 Auto service building Vacant 14,000 Yes 192305-9068 Repair garage Vacant 3,300 Yes Office space* Vacant 9,000 No *The 9,000 square foot office building is proposed to remain and would be used by Sound Transit as office space for transit security staff (Attachment C). All staging of demolition equipment would occur on the site. Prior to start of structural demolition, hazardous materials abatement would occur in compliance with applicable regulations and the site would be fenced and secured. The contractor would implement Best Management Practices (BMPs) during the demolition work to prevent waste materials from entering surface or ground water areas and to reduce air emissions. These measures identified by the applicant include the following: a) protect storm drain inlets on-site by placing silt fencing, straw bale barriers or fiber rolls around them; b) handle hazardous materials during abatement in compliance with regulations and the recommendations of the site assessment report; c) contain areas where equipment could be refueled on-site; d) spray water during building demolition to reduce emissions of particulate matter; e) cover all trucks transporting materials, wet materials in trucks, or provide adequate freeboard to reduce or avoid windblown deposition of particulate matter during transportation; and f) provide wheel washers to remove particulate matter that vehicles would otherwise carry off site to decrease deposition of particulate matter on area roadways. Following building abatement work, the structural demolition work for the three (3) buildings is estimated to take 11 weeks to complete. At the conclusion of the work, there is a potential that a minimal amount of clean fill, approximately 10 cubic yards, would be used to cap utilities. Two (2) small trees and a small area with shrubs near the former auto showroom are proposed to be removed as part of the demolition work. Demolition work is not anticipated to impact the aquifer or degrade groundwater quality. Pursuant to RCW 43.21C, Sound Transit issued a Determination of Non-Significance (DNS) to implement new BRT service along I-405, a portion of SR 518, and along some local city streets consistent with the I-405 Master Plan. The location of the new BRT service would impact the following Washington cities: Burien, Tukwila, Renton, Bellevue, Kirkland, Bothell, and Lynnwood (Attachment D). The DNS was issued under WAC 197-11-340 (2) and Sound Transit’s SEPA rules (Resolution R2018-17). A 14-day appeal period commenced on September 30, 2020 and ended on October 14, 2020. No appeals of the threshold determination were identified by the applicant. DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 City of Renton Department of Community & Economic Development Certificate of Exemption from Shoreline Substantial South Renton Transit Center Building Demolition, LUA21-000294, CAE Development Permit and Critical Areas Regulations Permit Date: September 3, 2021 Page 3 of 4 D_Critical_Areas_Exemption_210903_v1 SEC-TWN-R: NE ¼ of Section 19, Township 23N, and Range 05E W.M. LEGAL DESCRIPTION: (King County Assessor) LOT 2 LESS HWY PER DEED #20110812001717 OF RENTON LLA #LUA-02-025-LLA REC 20020515900009 LOCATED IN NW 1/4 OF NE ¼ POR OF NW QTR OF NE QTR STR 19-23-05 DAF: BEG AT NE COR SD SEC 19 TH N 89-50- 24 W ALG N LN SD NE QTR 2179.38 FT TH S 00 -09-36 W AT R/A TO SD N LN 510.35 FT TO TPOB TH CONTG S 00-09-36 W 260.0 FT TO NLY MGN OF BN RR R/W (FORMERLY NP RR R/W) TH N 77-20-05 E ALG SD MGN 414.00 FT TO ORIGINAL C/L OF BONNEVILLE POWER TRANSMISSION LINE R/W TH N 00-29-24 W ALG SD C/L 168.13 FT TO PT FROM WCH TPOB BEARS N 89-50-24 W TH N 89-50-24 W TO TPOB LESS W 0.98 FT THOF POR OF ABANDONED BN RR R/W (FORMERLY NP RR) LY WLY OF FOLG DESC LN: BEG AT NXN OF ORIGINAL C/L OF BONNEVILLE POWER TRANSMISSION LINE R/W WITH N LN OF NE QTR STR 19-23-05 SD PT BEING 1783.40 FT W OF NE COR SD SEC 19 LESS HWY PER DEED #20110812001717 POR OF PUGET SOUND POWER & LIGHT CO R/W IN NE QTR STR 19-23-05 LY NORTH OF NLY MGN OF S GRADY WAY & WLY OF FOLG DESC LN - BEG AT NXN OF ORIGINAL C/L OF BONNEVILLE POWER TRANSMISSION LINE R/W SD PT BEING 1783.40 FT W OF NE COR SD SEC 19 TH S 00-29-24 W ALG SD C/L TO NLY LN SD S GRADY WAY LESS POR LY WLY OF ELY LN OF RAINIER AVE S (STATE RD NO 167) & LESS POR CONDEMNED BY STATE OF WASHINGTON IN SCC NO 861445 LESS HWY PER DEED #20110812001717 CRITICAL AREA(S): High Seismic Hazard Area and Downtown Wellhead Protection Area (Zone 2) CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations within the Seismic Hazard Area, is hereby APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and Nonconforming Activities” and for the following reasons: Remodeling, Replacing, Removing Existing Structures, Facilities, and Improvements is exempt from permit requirements within critical areas and associated buffers in accordance with RMC 4.3.050C.3.g, within Geological Hazard Areas, Habitat Conservation Area, Streams, and Wetlands subject to the following standards: Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence or vested on the date this Section becomes effective and that do not meet the setback or buffer requirements of this Section provided the work complies with the criteria in RMC 4-10-090. FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3- 050C.2.d: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 City of Renton Department of Community & Economic Development Certificate of Exemption from Shoreline Substantial South Renton Transit Center Building Demolition, LUA21-000294, CAE Development Permit and Critical Areas Regulations Permit Date: September 3, 2021 Page 4 of 4 D_Critical_Areas_Exemption_210903_v1 iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required; v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. DECISION: The South Renton Transit Center Building Demolition Critical Areas Exemption, LUA21-000294, CAE is Approved. SIGNATURE & DATE OF DECISION: _____________________________________ ______________________________ Vanessa Dolbee, Planning Director Date RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on September 17, 2021. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: Two (2) years from the date of decision (date signed). Attachments: Neighborhood Detail Map, Critical Areas Maps, Site Plan, SEPA Determination DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 9/3/2021 | 11:17 AM PDT Critical Areas Exemption and Permit: South Renton Transit Center Building Demolition  6 Figure 1. South Renton Transit Center Site – Neighborhood Detail Map  ATTACHMENT ARECEIVEDClark Close 08/06/2021PLANNING DIVISIONDocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 Critical Areas Exemption and Permit: South Renton Transit Center Building Demolition    7  Figure 2. South Renton Transit Center Building Demolition ‐ Renton Seismic Hazard Area      ATTACHMENT B RECEIVED Clark Close 08/06/2021 PLANNING DIVISION DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 Figure 3. South Renton Transit Center Building Demolition ‐ Renton Wellhead Protection Area – Zone 2    DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 Critical Areas Exemption and Permit: South Renton Transit Center Building Demolition  9 Figure 4. South Renton Transit Center Building Demolition ‐ Site Plan  ATTACHMENT CRECEIVEDClark Close 08/06/2021PLANNING DIVISIONDocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 DETERMINATION OF NONSIGNIFICANCE Description of Proposal: Sound Transit is proceeding in partnership with the Washington State Department of Transportation (WSDOT) to implement new bus rapid transit (BRT) service along I-405, a portion of SR 518, and along some local city streets consistent with the I-405 Master Plan. As part of the I-405 BRT program, Sound Transit proposes to construct the following BRT facilities: Burien Transit Center (new BRT station); new Tukwila International Boulevard BRT station; new South Renton Transit Center and BRT station; Bellevue Transit Center BRT station (modifying two existing bus bays and adding off-site bus layover); new Totem Lake/Kingsgate BRT station and new Kingsgate Park-and-Ride garage; new Brickyard BRT station; and Lynnwood City Center Transit Station (new BRT station). Other elements of Sound Transit’s proposal include roadway improvements for transit speed and reliability at the Burien Transit Center, Tukwila International Boulevard BRT Station, South Renton Transit Center, Brickyard BRT Station, and the Lynnwood City Center Transit Station. A variety of bicycle and pedestrian improvements are also associated with some of the parking facilities and station locations. Other components of the I-405 BRT program have been reviewed by and will be implemented by WSDOT. Proponent: Sound Transit (Central Puget Sound Regional Transit Authority) Location of the Proposal: Burien, Tukwila, Renton, Bellevue, Kirkland, Bothell, Lynnwood, Washington Lead Agency: Sound Transit The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of the completed environmental checklist, technical reports, and other information on file with Sound Transit. This Determination of Nonsignificance (DNS) is issued under WAC 197-11-340 (2) and Sound Transit’s SEPA rules (Resolution R2018-17). The lead agency will not act on the proposal until October 14, 2020, which is 14 days from the date of issue below. Availability of Documents: The SEPA checklist, along with the technical reports, are available for review at https://www.soundtransit.org/system-expansion/i-405-brt/documents. Electronic copies of the checklist and technical memos are available at no charge by contacting Kathy Fendt at (206) 689-4856 or Kathy.Fendt@soundtransit.org. Paper copies of the technical memos are available for $15.00. DocuSign Envelope ID: A469AFF9-1087-451E-B1F8-A0492832FFD0 ATTACHMENT D RECEIVED Clark Close 08/06/2021 PLANNING DIVISION DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9 Comments Due: Comments must be submitted by 5:00 p.m., October 14, 2020. Email comments should be submitted to BRT405-SEPA@soundtransit.org. Written comments should be mailed to Kathy Fendt, East Corridor Environmental Manager, Sound Transit, 401 S. Jackson Street, Seattle, WA 98104. The responsible official may reconsider the DNS based on timely comments and may retain or modify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS or supporting documents. If the DNS is retained, it will be final after the expiration of the comment deadline. Responsible official: Perry Weinberg Position/title: Deputy Executive Director, Office of Environmental Affairs and Sustainability Phone: (206) 689-4931 Address: Sound Transit Office of Environmental Affairs and Sustainability Union Station, 401 South Jackson St., Seattle, WA 98104-2826 You may appeal this determination to Peter Rogoff, Chief Executive Officer, Sound Transit, Union Station, 401 South Jackson St., Seattle WA 98104-2826 no later than 5:00 p.m., October 21, 2020, by submitting a written statement requesting an appeal, setting forth the information required by Sound Transit’s SEPA rules (Resolution No. R2018-17) and by paying the required fee. You should be prepared to make specific factual objections. Resolution No. R2018-17 is available online at: https://www.soundtransit.org/st_sharepoint/download/sites/PRDA/FinalRecords/Resolution%20R2018-17.pdf Note that Sound Transit’s offices remain closed to the public due to the COVID-19 pandemic. Please contact Perry Weinberg at the phone number above if you would like to discuss alternative arrangements for delivering an appeal. Date of Issue: September 30, 2020 Signature: __________________________ Perry Weinberg Auxiliary aids and services and communication materials in accessible format can be arranged with sufficient notice by calling (206) 398-5000, or (206) 398-5086 for TDD users. DocuSign Envelope ID: A469AFF9-1087-451E-B1F8-A0492832FFD0DocuSign Envelope ID: 53AEBBC2-3B2A-44ED-AEA4-9848D76D14C9