HomeMy WebLinkAboutEX_04_Justifications
DATE: March 7, 2025
TO: Nichole Perry, Associate Planner; Yong Qui, Civil Engineer III
FROM: Betsy Severtsen, Capital Projects Manager
SUBJECT: May Creek South Trail Project – Planning & Engineering
Permit Information Request
This memorandum addresses the Planning and Engineering information requested
from the attached email.
Public Information Sign shall be installed and Affidavit of
Installation shall be completed.
The Public Information Sign was installed in December and the Affidavit of
Installation provided via email to Jill Ding and Nichole Perry on December 5, 2024
(email attached to this correspondence).
Provide a Shoreline Conditional Use Justification and a Shoreline
Variance Justification that addresses the following criteria: Section
4-9-190
Renton Municipal Code (RMC) Section 4-3-090(d)(i) states “Trails shall be
constructed of permeable materials and limited to four feet (4') to six feet (6') in
width to reduce impacts to ecologically sensitive resources.” The proposed project
would construct a 6-foot wide trail with 1-foot shoulders. The project includes a
bridge, approximately 8-feet wide, across May Creek. Deviation from the RMC is
necessary to maintain grades and widths that are Americans with Disabilities Act
(ADA) accessible and requires a Shoreline Conditional Use Permit and Shoreline
Variance.
EXHIBIT 4
RECEIVED
03/11/2025 NPerry
PLANNING DIVISION
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
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March 7, 2025
At the request of the City of Renton, Michelle Brownell Senior Consultant,
Environmental Science Division of WSP USA has provided a shoreline conditional
use justification and a shoreline variance justification that addresses criteria from
RMC Section 4-9-190 (indicated by the bold, italicized text).
Shoreline Conditional Use Justification
i. The proposed use is consistent with the policies of Revised Code of
Washington (RCW) 90.58.020 and the Shoreline Master Program.
RCW 90.58.020 states that preference shall be given to uses in the following order of
preference which: 1) recognize and protect the statewide interest over local interest;
2) preserve the natural character of the shoreline; 3) result in long term over short
term benefit; 4) protect the resources and ecology of the shoreline; 5) increase
public access to publicly owned areas of the shorelines; 6) increase recreational
opportunities for the public in the shoreline; and 7) provide for any other element as
defined in RCW 90.58.100 deemed appropriate or necessary.
How the proposed project complies: The proposed project is consistent with the
policies of RCW 90.58.020 and the Shoreline Master Program. The project includes
mitigation which meet the preferred uses 2, 3, and 4. The proposed project will
construct a new trail, boardwalk and pedestrian bridge. This will increase access to
publicly owned areas of the shoreline of May Creek and will provide increased
recreational opportunities for the public which comply with preferred uses 5 and 6.
ii. The proposed use will not interfere with the normal public use of
public shorelines
How the proposed project complies: The proposed project is a recreational trail
that will connect to the existing trail network within the May Creek Greenway. The
proposed project will enhance the existing recreational uses of the parcel and will
not interfere with any normal public use of public shorelines.
iii. The proposed use of the site and design of the project will be
compatible with other authorized uses within the area and with uses
planned for the area under the Comprehensive Plan and the
Shoreline Master Program
How the proposed project complies: The project area contains May Creek Reach
B. The Renton Comprehensive Plan goal for this reach is to “provide public access
from a trail parallel to the water along the entire property with controlled public
access to the water, balanced with the goals of preservation and enhancement of
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
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March 7, 2025
ecological functions”. The project is in compliance with Comprehensive Plan goals
for this section of May Creek.
iv. The proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located
How the proposed project complies: The proposed use will preserve and enhance
the ecological functions of May Creek and the adjacent shoreline. The proposed use
will cause no significant adverse effects to the shoreline.
v. The public interest suffers no substantial detrimental effect.
How the proposed project complies: The proposed project will benefit public
interest. Public interest will not suffer any substantial detrimental effect as a result
of the proposed project. The proposed project aligns with the City of Renton
Comprehensive Plan and will provide a recreational trail that will benefit the general
public.
Shoreline Variance Justification
The City of Renton requested a Shoreline Variance Justification that addresses the
following criteria from Renton Municipal Code 4-9-190:
Decision Criteria: Variance permits should be granted in circumstances
where denial of the permit would result in a thwarting of the policy
enumerated in RCW 90.58.020. In all instances the applicant must
demonstrate that extraordinary circumstances shall be shown and the
public interest shall suffer no substantial detrimental effect.
i. Variance permits for development and/or uses that will be located
landward of the ordinary high water mark (OHWM), as defined in RCW
90.58.030(2)(c), and/or landward of any wetland as defined in RCW
90.58.030(2)(h), may be authorized provided the applicant can
demonstrate all of the following:
a. That the strict application of the bulk, dimensional or
performance standards set forth in the applicable master program
precludes, or significantly interferes with, reasonable use of the
property
How the proposed project complies: Adhering to a strict interpretation of the
Renton Municipal Code and not allowing the proposed project to be constructed
would interfere with the objectives of the Renton Comprehensive Plan and Renton
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
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March 7, 2025
Shoreline Management Plan. The goal for May Creek Reach B is to provide public
access “from a trail parallel to the water along the entire property with controlled
public access to the water, balanced with the goals of preservation and
enhancement of ecological functions”. The project parcel is designated as Urban
Conservancy by the Shoreline Master Plan. Trails are an allowed use (RMC 4-3-090E)
provided that the use “does not degrade the ecological functions or natural
character of the shoreline area”. The proposed project includes restoration of a
degraded riparian corridor and will enhance the ecological functions of this
shoreline area.
b. That the hardship is specifically related to the property, and is the
result of unique conditions such as irregular lot shape, size, or
natural features and the application of the master program, and
not, for example, from deed restrictions or the applicant's own
actions
How the proposed project complies: The parcel contains natural features
including May Creek and four wetlands. A portion of the site is within shoreline
jurisdiction and subject to the regulations of the Shoreline Master Plan. The trail was
routed to avoid wetlands as much as possible but total avoidance is not feasible
based on existing conditions and site topography. The trail is designed to maintain
grades and widths that are ADA accessible while following the existing topography
to minimize grading needs.
c. That the design of the project is compatible with other authorized
uses within the area and with uses planned for the area under the
comprehensive plan and shoreline master program and will not
cause adverse impacts to the shoreline environment
How the proposed project complies: The project area contains May Creek Reach
B. The comprehensive plan goal for this reach is to “provide public access from a
trail parallel to the water along the entire property with controlled public access to
the water, balanced with the goals of preservation and enhancement of ecological
functions”. The project complies with the comprehensive plan and Shoreline Master
Program goals for this section of May Creek.
The design of the project complies with the Shoreline Master Program requirements
and will not cause adverse impacts to the shoreline environment. The project was
designed to avoid impacts to aquatic resources by siting the bridge footings and trail
outside of the OHWM of May Creek. The trail was designed to stay outside of the
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
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March 7, 2025
100-year floodplain other than from the spur viewpoints, but as part of the City of
Renton’s Shoreline Master Program, it is an allowed use for public trails to have a
viewpoint within the sight and reach of May Creek.
To compensate for the unavoidable impacts (both temporary and permanent), a
comprehensive invasive species management plan and native riparian vegetation
planting plan is proposed to enhance the existing functions of on-site wetlands and
buffers. The mitigation proposed is in alignment with King County’s 2001 May Creek
Basin Action Plan and the WRIA 8 Salmon and Steelhead Habitat Limiting Factors
report.
d. That the variance will not constitute a grant of special privilege
not enjoyed by the other properties in the area
How the proposed project complies: The shoreline variance will not grant special
privilege to the property. The property is owned by the City of Renton and is publicly
accessible. The completed project will benefit the general public by providing an
ADA accessible trail which will connect into the existing trail network within the May
Creek Greenway.
e. That the variance requested is the minimum necessary to afford
relief; and
How the proposed project complies: The variance is requested to provide a trail
that complies with the Shoreline Master Program and City of Renton
Comprehensive Plan goals. If the trail were not built, the goals of the Shoreline
Master Plan and City of Renton Comprehensive Plan would not be accomplished. A
variance is necessary to allow the trail as designed to maintain grades and widths
that are ADA accessible.
f. That the public interest will suffer no substantial detrimental
effect.
How the proposed project complies: Public interest will not suffer any detrimental
effect as a result of this project. The completed project will provide trail access to
the property and sidewalk improvements. The current property use, as a greenway
and for public recreation, will not change as a result of this project. Public interest
will benefit from the project because the completed project will provide a trail which
connects to the existing trail network within the May Creek Greenway.
ii. Variance permits for development and/or uses that will be located
waterward of the OHWM, as defined in RCW 90.58.030(2)(c), or within
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
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March 7, 2025
any wetland as defined in RCW 90.58.030(2)(h), may be authorized
provided the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or
performance standards set forth in the applicable master program
precludes all reasonable use of the property;
How the proposed project complies: The project was designed to avoid impacts to
aquatic resources by siting the bridge footings and trail outside of the OHWM of May
Creek. The trail was designed to stay outside of the 100-year floodplain other than
from the spur viewpoints, but as part of the City of Renton’s Shoreline Master
Program, it is an allowed use for public trails to have a viewpoint within the sight and
reach of May Creek.
The proposed project will not have any work within the OHWM of May Creek. The
only impacts would be from the shading of the stream from the approximately 340
square feet of decking with a 8 foot 6 inch bridge width spanning approximately 40
feet of May Creek. The decking will be slatted and minimize the shading impacts on
the stream.
b. That the proposal is consistent with the criteria established under
subsections I4b(i)(b) through (f) of this Section; and
How the proposed project complies: The proposal is consistent with the criteria
established in subsections I4b(i)(b) through (f) of this Section of the Shoreline
Management Act. An explanation is provided earlier in this document.
c. That the public rights of navigation and use of the shorelines will
not be adversely affected.
How the proposed project complies: The proposed project would not adversely
affect use of the shoreline. As part of the City of Renton’s Shoreline Master Program,
it is an allowed use for public trails to have a viewpoint within the sight and reach of
May Creek.
iii. Variances from the use regulations of the Shoreline Master Program
are prohibited.
How the proposed project complies: The project will not deviate from the use
regulations of the Shoreline Master Program. The goal of the proposed project is to
provide a recreational nature trail within the property and enhance the ecological
functions of the site in accordance with the City of Renton’s Shoreline Master Program
and meet goals within the May Creek Basin Action Plan.
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March 7, 2025
The trail was designed to stay outside of the 100-year floodplain other than from the spur
viewpoints, but as part of the City of Renton’s Shoreline Master Program, it is an allowed
use for public trails to have a viewpoint within the sight and reach of May Creek.
Provide a Street Standards Modification and Waiver request that
addresses the following criteria noted in the Transportation
comments from Yong Qi in the pre-application meeting summary:
The project respectfully requests the Administrator’s consideration for a waiver to install
sidewalk only on the northern portion of the May Creek Trail connection. Due to the
overall cost of constructing the full frontage improvements along the entire May Creek
Trail property, there is insufficient proportionality to require the installation of all the
improvements as per the standard.
Additionally, the project requests a modification of the street standards due to the site's
steep slopes. The proposed modification would eliminate the standard planter strip but
would include the installation of a new sidewalk with curb and gutter. This modification
would also involve realigning the roadway and repaving the northern segment of the
street frontage. To address the steep slopes and ensure safety, the sidewalk will feature
a 28-foot stem wall with a pedestrian guardrail. The design also includes striping for the
realigned roadway centerline and the inclusion of bike lanes.
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
From:Nichole D. Perry
To:Betsy Severtsen; Jill Ding
Subject:RE: May Creek South Trail Project - Shoreline/Land Use Permit submittal
Date:Wednesday, January 8, 2025 11:10:21 AM
Attachments:image001.png
Hi Betsy,
I completely understand. We can do a meeting although it might not be completely necessary
just yet. The permit is still in the preliminary submission status so we are missing some items
before it can officially go under review. There are only 3 planning items and 1 engineering item to
be submitted from the consultants to the City.
1.Public Information Sign shall be installed and Affidavit of Installation shall be
completed.
2.Provide a Shoreline Conditional Use Justification that addresses the following criteria:
Section 4-9-190
Decision Criteria: Uses classified as conditional uses may be permitted only after the
Administrator determines compliance with all of the following:
i.The proposed use is consistent with the policies of RCW 90.58.020 and the Shoreline Master
Program;
ii.The proposed use will not interfere with the normal public use of public shorelines;
iii.The proposed use of the site and design of the project will be compatible with other authorized
uses within the area and with uses planned for the area under the Comprehensive Plan and the
Shoreline Master Program;
iv.The proposed use will cause no significant adverse effects to the shoreline environment in
which it is to be located; and
v.The public interest suffers no substantial detrimental effect.
3.Provide a Shoreline Variance Justification that addresses the following criteria:
Section 4-9-190
Decision Criteria: Variance permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances
the applicant must demonstrate that extraordinary circumstances shall be shown and the public
interest shall suffer no substantial detrimental effect.
i.Variance permits for development and/or uses that will be located landward of the ordinary high
water mark (OHWM), as defined in RCW 90.58.030(2)(c), and/or landward of any wetland as
defined in RCW 90.58.030(2)(h), may be authorized provided the applicant can demonstrate all of
the following:
(a)That the strict application of the bulk, dimensional or performance standards set forth in the
applicable master program precludes, or significantly interferes with, reasonable use of the
property;
(b)That the hardship is specifically related to the property, and is the result of unique conditions
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
such as irregular lot shape, size, or natural features and the application of the master program,
and not, for example, from deed restrictions or the applicant's own actions;
(c) That the design of the project is compatible with other authorized uses within the area and with
uses planned for the area under the comprehensive plan and shoreline master program and will
not cause adverse impacts to the shoreline environment;
(d) That the variance will not constitute a grant of special privilege not enjoyed by the other
properties in the area;
(e) That the variance requested is the minimum necessary to afford relief; and
(f) That the public interest will suffer no substantial detrimental effect.
ii. Variance permits for development and/or uses that will be located waterward of the OHWM, as
defined in RCW 90.58.030(2)(c), or within any wetland as defined in RCW 90.58.030(2)(h), may
be authorized provided the applicant can demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards set forth in the
applicable master program precludes all reasonable use of the property;
(b) That the proposal is consistent with the criteria established under subsections I4b(i)(b)
through (f) of this Section; and
(c) That the public rights of navigation and use of the shorelines will not be adversely affected.
iii. Variances from the use regulations of the Shoreline Master Program are prohibited.
This was the request from our engineering department:
4. Provide a Street Standards Modification that addresses the following criteria (for
more information on the modification being requested, please see the Transportation
comments from Yong Qi in the pre-application meeting summary):
Decision Criteria: Whenever there are practical difficulties involved in carrying out the provisions
of this Title, the Department Administrator may grant modifications for individual cases provided
he/she shall first find that a specific reason makes the strict letter of this Code impractical, that
the intent and purpose of the governing land use designation of the Comprehensive Plan is met
and that the modification is in conformity with the intent and purpose of this Code, and that such
modification:
a. Substantially implements the policy direction of the policies and objectives of the
Comprehensive Plan Land Use Element and the Community Design Element and the proposed
modification is the minimum adjustment necessary to implement these policies and objectives;
b. Will meet the objectives and safety, function, appearance, environmental protection and
maintainability intended by the Code requirements, based upon sound engineering judgment;
c. Will not create substantial adverse impacts to other property(ies) in the vicinity;
d. Conforms to the intent and purpose of the Code; and
e. Can be shown to be justified and required for the use and situation intended;
If after reviewing this list you would still like to set up a call we can definitely do that to help
answer any questions you may have.
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047
Thank you,
NICHOLE PERRY, Associate Planner
City of Renton // Community and Economic Development
Virtual Permit Center // Online Applications and Inspections
office 425-430-7286
NOTICE OF PUBLIC DISCLOSURE: This message complies with Washington State’s Public Records Act – RCW 42.56
From: Betsy Severtsen <BSevertsen@Rentonwa.gov>
Sent: Wednesday, January 8, 2025 10:43 AM
To: Nichole D. Perry <NPerry@rentonwa.gov>; Jill Ding <JDing@Rentonwa.gov>
Subject: RE: May Creek South Trail Project - Shoreline/Land Use Permit submittal
Hi Nichole and Jill,
I hope you both had a great holiday. I am getting my bearings on this project as I take it over after
Jason’s departure. Would you be open to a call with the consultants to go over City permitting
items? This would be a big help for me. Please let me know.
Thank you!
Betsy
Betsy Severtsen
Capital Projects Manager
City of Renton // Parks & Recreation
425-430-6611
From: Betsy Bailey <BBailey@Rentonwa.gov>
Sent: Friday, December 6, 2024 11:44 AM
To: Betsy Severtsen <BSevertsen@Rentonwa.gov>
Subject: FW: May Creek South Trail Project - Shoreline/Land Use Permit submittal
BETSY BAILEY, Human Resources Specialist
City of Renton // Human Resources and Risk Management Department
Cell: 206-889-8923 // Desk: 425-430-7650
NOTICE OF PUBLIC DISCLOSURE: This message complies with Washington State’s Public Records Act – RCW 42.56.
Working Hours 8:00AM-5:00PM
In office: T/W/TH
Remote: M/F
Docusign Envelope ID: 3947FE7A-D463-41BB-933E-23F73F139047