Loading...
HomeMy WebLinkAboutD_WoldeCAE_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_WoldeCAE_FINAL PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: April 17, 2024 PROJECT NUMBER: LUA24-000040, ECF, CAE PROJECT NAME: Wolde Critical Area Restoration PROJECT MANAGER: Andrew Van Gordon, Associate Planner APPLICANT/CONTACT: Kerrie McArthur, Confluence Environmental Company 146 N Canal St Suite 111, Seattle, WA 98103 OWNER: Elias Wolde 13701 SE May Valley Rd, Renton, WA 98059 PROJECT LOCATION: 13701 SE May Valley Rd, Renton, WA 98059 (APN 3424059113) PROJECT DESCRIPTION: The applicant is requesting approval of a Critical Areas Exemption to allow for the restoration of 7,000 square feet within the critical area buffer of May Creek at 13701 SE May Valley Rd (APN 3424059113). The property is 22,771 square feet (0.52 acre) in size. The property is located within the Residential – 1 (R1) zone. A detached dwelling is present on the site. Access to the property is via SE May Valley Rd. The proposed restoration is a corrective action in response to CODE22-000071, which includes the following unpermitted work: • Grading; • Placement of gravel; • Placement of flagstone pavers; • Installation of a stairway from the northern, upper portion of the property down to the southern, lower portion; and • Installation of two (2) retaining walls: one (1) four-foot (4’) wall at the base of the slope and a three-foot (3’) tall wall adjacent to May Creek on the south side of the unpermitted work. Per the SEPA Environmental Checklist (Exhibit 5), approximately 3,307 square feet of area was graded. One thousand six hundred and fifty-four (1,654) cubic feet of gravel and 1,082 square feet of flagstone pavers were placed on the north side of May Creek. This does not include the work completed for the stairs which included regrading and pavers. Amounts were not included related to work to construct the stairs or the retaining walls. All unpermitted work occurred within the critical area of May Creek. Restoration work will include removal of the unpermitted improvements, regrading to before the unpermitted DocuSign Envelope ID: 50BB1D99-33BB-4242-8BA2-C57981940AC7 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Wolde Critical Area Restoration LUA24-000040, ECF, CAE Permit Date April 17, 2024 Page 2 of 6 D_WoldeCAE_FINAL work was completed, removal of invasive species, retention of native vegetation and replanting of native vegetation. All trees and bushes are proposed to be planted within 115 feet (115’) of May Creek. CRITICAL AREAS: Type F, fish bearing stream (May Creek) with habitat conservation areas, 100-year flood hazard area, floodway, sensitive and protected slopes. EXEMPTION JUSTIFICATION: Pursuant to RMC 4-30050C.3.a.iii Approved Restoration/Mitigation, restoration/mitigation is an exempt activity within all critical areas and their buffers. 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; Staff Comment: Approval of this exemption would act as written permission to allow the proposed restoration to occur. ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comment: The following items were provided as part of the project: • Stream Buffer Revised Mitigation Plan dated August 2023 (Exhibit 3) • Critical Areas Study dated August 2023, (Exhibit 9) Kerrie McArthur and Natalie Dietsch of Confluence Environmental Company authored the documents. Kerrie McArthur has a Bachelor Science of Biological Oceanography, and a Minor in Fisheries from the University of Washington, 1995. She is a Certified Ecological Restoration Practitioner and has over 28 years of experience in the field. Natalie Dietsch is a Wetland Professional in Training (WPIT). • Geotechnical Report dated January 18, 2023 (Exhibit 6) • Residential Geotechnical Mitigation Report dated June 27, 2023 (Exhibit 8) Anna-Trang Nguyen and Rex Humphrey of The Concept Group prepared these documents. Anna-Trang Nguyen is a registered professional engineer in the State of Washington, and Rex Humphrey is a licensed engineering geologist with the State of Washington. • Base Flood Elevation Study dated July 28, 2022 (revised October 11, 2023) (Exhibit 7) John Knutson and Erik Pruneda of Aspect Consulting prepared the document. Both John Knutson and Erik Pruneda are registered professional engineers in the State of Washington. • Preliminary Arborist Report dated July 7, 2022 (Exhibit 4) Connor McDermott of Tree Solutions, Inc. authored the report; it was reviewed by Haley Galbraith of Tree Solutions, Inc. Both are ISA Certified Arborists and ISA Qualified Tree Risk Assessors. DocuSign Envelope ID: 50BB1D99-33BB-4242-8BA2-C57981940AC7 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Wolde Critical Area Restoration LUA24-000040, ECF, CAE Permit Date April 17, 2024 Page 3 of 6 D_WoldeCAE_FINAL The mitigation plan includes a planting plan, planting specifications and a maintenance and monitoring plan. Staff has not seen evidence that the activity would conflict with best management practices. iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comment: Disturbance is proposed to occur within a 7,000 square foot area located on the southern portion of the property. Disturbance would include removal of unpermitted development and invasive species. Based on the site plan (Exhibit 2) and site photos provided within the mitigation plan, two (2) chain link fences abut the project area on the eastern and western sides. It appears they have been placed within the critical area buffer at the property line. The fencing looks to have a green material draped over it. Removal of this fencing was not included as part of the mitigation plan. As such, staff recommends as a condition of approval that the applicant provide revised plans at the time of civil construction permit application showing the removal of the fences along the property lines within the critical area(s) abutting the area of restoration. The plans shall be reviewed and approved by the Current Planning Manager prior to civil construction permit issuance. As part of the restoration mitigation plan, specifications for removal of unpermitted improvements, installation of plantings and maintenance and monitoring have been included by the qualified professional. To ensure disturbed areas are restored per the recommendations of the biologist, staff recommends as a condition of approval that the applicant complete the restoration process per the guidelines provided within the mitigation plan prepared by Confluence Environmental Company, dated August 2023, and any future addenda. The geotechnical documents provide recommendations related to removal of English Ivy on the slope, erosion control and grade restoration. As such, staff recommends as a condition of approval, the applicant comply with the recommendations of the Residential Geotechnical Mitigation Report, prepared by The Concept Group dated June 27, 2023, and any future addenda. The applicant’s geotechnical engineer shall review the project’s civil plans to verify compliance with the geotechnical report. The geotechnical engineer shall submit a letter directly to the Current Planning Project Manager that they have reviewed the construction plans and in their opinion the plans and specifications meet the intent of the report. The arborist report identifies that unpermitted work damaged five (5) on-site significant trees. Off-site trees were within the impacted area; however, it appeared that the majority of impacts were likely limited to feeder roots which would not impact structural stability of the trees. Based on the arborist’s experience, trees can take three to five (3-5) years before displaying signs of negative impact from construction activity. Additionally, it does not appear that the mitigation plan includes monitoring of the existing trees. As such, staff recommends as a conditional of approval the applicant submit an updated arborist report at the time of civil construction permit application. The updated arborist report shall reassess the on-site trees and off-site trees impacted by the unpermitted work. A monitoring plan shall be included which runs concurrently with the provided maintenance and monitoring plan provided in the mitigation plan. If it is found that any of the retained trees need to be removed, they shall be replaced with an equal number of native trees at an equal rate of tree credits to the removed tree. The plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. DocuSign Envelope ID: 50BB1D99-33BB-4242-8BA2-C57981940AC7 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Wolde Critical Area Restoration LUA24-000040, ECF, CAE Permit Date April 17, 2024 Page 4 of 6 D_WoldeCAE_FINAL As shown on the site plan, the unpermitted work comes as close as within one foot (1’) of the ordinary high-water mark (OHWM) of May Creek. Provided documents do not indicate whether in-water work would occur or how restoration work would avoid in-water work. The Construction Mitigation letter (Exhibit 15) recommends that demolition work should occur in the dry season, such as summer 2024 with restoration (removing invasive species and installation of native vegetation) occurring in fall 2024. Further, the Hazardous Materials Management Statement (Exhibit 16) states that it’s not expected that construction vehicles would be refueled on-site, but if it does then it would be limited to driveway areas only and a spill control kit would be on-site. As such, to ensure impacts to May Creek are minimized, staff recommends as a condition of approval that the applicant provide revised plans with the civil construction permit application identifying how restoration would avoid in-water work. If in-water work is deemed unavoidable, the work shall only occur between July 1 and September 30. All demolition work shall be completed by September 30, 2024. All plantings shall be installed and inspected for compliance by December 2, 2024. All work shall be completed by hand. No refueling shall occur on-site. The plans shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. The unpermitted work occurred within mapped critical areas and their buffers. Staff has seen no evidence that the critical areas and their buffers have been marked on the site. RMC 4-3-050G3, Native Growth Protection Areas requires a native growth protection area by instituted to protect critical areas from any proposed development for a non-exempt activity. This includes protected slopes and their buffers and Class F streams, such as May Creek. Creating a Native Growth Protection Area on the site would ensure that impacts to the restoration area, and on-site critical areas in general, would be minimized. As such, staff recommends as a condition of approval that the applicant establish and record a permanent and irrevocable easement encompassing the entirety of the area on the property from the southern property line to the northern most point of restoration (top of slope). The protective easement shall be held by the current and future property owners, shall run with the land and shall prohibit development alteration, or disturbance within the easement except for purposes of habitat enhancement as part of an enhancement project which has received prior approval from the City, and from any other agency with jurisdiction over such activity. Prior to recording of the easement, the applicant shall submit draft easement language with the civil construction permit for review and approval by the Current Planning Project Manager. The easement shall be recorded prior to final inspection of the civil construction permit. Permanent fencing at the top of the slope shall be installed. Fencing shall be a wooden two (2) rail split fence with permanent attached wood or metal signs identifying the purpose of the fencing. Suggested wording is as follows: “Protection of this natural area is in your care. Alteration or disturbance is prohibited by law.” The applicant shall provide fence and signage details. The final design shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. 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; Staff Comment: All proposed vegetation to be planted is native species. 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 DocuSign Envelope ID: 50BB1D99-33BB-4242-8BA2-C57981940AC7 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Wolde Critical Area Restoration LUA24-000040, ECF, CAE Permit Date April 17, 2024 Page 5 of 6 D_WoldeCAE_FINAL that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. Staff Comment: Not applicable. The proposal does not include a significant or substantial potential to degrade groundwater quality. DECISION: An exemption from the Critical Areas Regulations is hereby Approved with Conditions* and subject to the following conditions: *CONDITIONS OF APPROVAL: 1. The applicant shall provide revised plans at the time of civil construction permit application showing the removal of the fences along the property lines within the critical area(s) abutting the area of restoration. The plans shall be reviewed and approved by the Current Planning Manager prior to civil construction permit issuance. 2. The applicant shall complete the restoration process per the guidelines provided within the mitigation plan prepared by Confluence Environmental Company dated August 2023 and any future addenda. 3. The applicant shall comply with the recommendations of the Residential Geotechnical Mitigation Report, prepared by The Concept Group dated June 27, 2023, and any future addenda. The applicant’s geotechnical engineer shall review the project’s civil plans to verify compliance with the geotechnical report. The geotechnical engineer shall submit a letter directly to the Current Planning Project Manager that they have reviewed the construction plans and in their opinion the plans and specifications meet the intent of the report. 4. The applicant shall submit an updated arborist report at the time of civil construction permit application. The updated arborist report shall reassess the on-site trees and off-site trees impacted by the unpermitted work. A monitoring plan shall be included which runs concurrently with the provided maintenance and monitoring plan provided in the mitigation plan. If it is found that any of the retained trees need to be removed, they shall be replaced with an equal number of native trees at an equal rate of tree credits to the removed tree. The plan shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. 5. The applicant shall provide revised plans with the civil construction permit application identifying how restoration would avoid in-water work. If in-water work is deemed unavoidable, the work shall only occur between July 1 and September 30. All demolition work shall be completed by September 30, 2024. All plantings shall be installed and inspected for compliance by December 2, 2024. All work shall be completed by hand. No refueling shall occur on-site. The plans shall be reviewed and approved by the Current Planning Project Manager prior to civil construction permit issuance. 6. The applicant shall establish and record a permanent and irrevocable easement encompassing the entirety of the area on the property from the southern property line to the northern most point of restoration (top of slope). The protective easement shall be held by the current and future property owners, shall run with the land and shall prohibit development alteration, or disturbance within the easement except for purposes of habitat enhancement as part of an enhancement project which has received prior approval from the City, and from any other agency with jurisdiction over such activity. Prior to recording of the easement, the applicant shall submit draft easement language with the civil construction permit for review and approval by the Current Planning Project Manager. The easement shall be recorded prior to final inspection of the civil construction permit. DocuSign Envelope ID: 50BB1D99-33BB-4242-8BA2-C57981940AC7 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Wolde Critical Area Restoration LUA24-000040, ECF, CAE Permit Date April 17, 2024 Page 6 of 6 D_WoldeCAE_FINAL 7. Permanent fencing at the top of the slope shall be installed. Fencing shall be a wooden two (2) rail split fence with permanent attached wood or metal signs identifying the purpose of the fencing. Suggested wording is as follows: “Protection of this natural area is in your care. Alteration or disturbance is prohibited by law.” The applicant shall provide fence and signage details. The final design shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Matthew Herrera, 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 May 1, 2024. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. 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. The appeal submitted in person may be paid on the first floor in our Finance Department. 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: December 2, 2024 Exhibits Exhibits 1-13: As shown in the Environmental Review Committee (ERC) Report Exhibit 14: Administrative Critical Area Exemption Report Exhibit 15: Construction Mitigation Memo dated January 4, 2024 Exhibit 16: Hazardous Materials Management Statement cc: Susan Malin, Nancy Sackman: Duwamish Tribe DocuSign Envelope ID: 50BB1D99-33BB-4242-8BA2-C57981940AC7 4/17/2024 | 9:29 AM PDT