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HomeMy WebLinkAboutDOE 02_HEX_May Creek Trail South_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_May Creek Trail South_FINAL A. REPORT TO THE HEARING EXAMINER Hearing Date: July 22, 2025 Project File Number: PR25-000033 Project Name: May Creek South Trail Land Use File Number: LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Project Manager: Jill Ding, Senior Planner Owner/Applicant/ Contact: Jason Lederer, City of Renton, 1055 S Grady Way, Renton, WA 98057 Project Location: 4260 Lake Washington Blvd N, Renton, WA 98056 (APN 3224059109) Project Summary: The applicant is requesting Environmental (SEPA) review, Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, Shoreline Variance, and Street Standards Modification to construct an ADA-accessible trail along the south side of May Creek that includes two (2) viewpoints, multiple boardwalk sections over delineated wetlands, and a bridge crossing that spans the 100-year floodplain at 4260 Lake Washington Blvd, Renton, WA 98056 (APN 3224059109). The 8.21-acre parcel is located in the Residential-6 (R-6) zoning district and is designated Residential Medium Density (RMD) in the Comprehensive Plan. The site currently contains vegetation and is currently used as a public park. Frontage improvements are proposed along Lake Washington Blvd N. A modified street standard is requested to remove the required street tree planter strip due to the presence of steep slopes within the project vicinity. According to City of Renton (COR) Maps, the site is mapped with moderate landslide hazard areas, sensitive slopes, protected slopes, a high seismic hazard area, wetlands, a stream (May Creek), and a 100-year floodplain and floodway associated with May Creek. May Creek is classified as a Shoreline of the State. The project site is located within reach B of May Creek (MC-B) and is within the Urban Conservancy Environment Designation. Site Area: 357,673 square feet (8.21 acres) City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 2 of 32 SR_May Creek Trail South_FINAL B. EXHIBITS: Exhibits 1-20: As shown in the Environmental Review Committee (ERC) Report Exhibit 21: Staff Report to the Hearing Examiner Exhibit 22: Determination of Non-Significance Mitigated (DNS-M), dated June 23, 2025 Exhibit 23: Off-Site Parking Exhibit C. GENERAL INFORMATION: 1. Owner(s) of Record: Jason Lederer City of Renton 1055 S Grady Way Renton, WA 98057 2. Zoning Classification: Residential-6 (R-6) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (RMD) 4. Existing Site Use: Public Park (May Creek Trail) 5. Critical Areas: The site is mapped with moderate landslide hazard areas, sensitive slopes, protected slopes, a high seismic hazard area, wetlands, a stream (May Creek), and a 100-year floodplain and floodway associated with May Creek. May Creek is classified as a Shoreline of the State. The project site is located within reach B of May Creek (MC-B) and is within the Urban Conservancy Environment Designation. 6. Neighborhood Characteristics: a. North: Former Pan Abode site, Commercial Office Residential (COR) zone and Comprehensive Plan Land Use Designation b. East: I-405 and vacant, Resource Conservation (RC) zone and Residential Low Density (RLD) Comprehensive Plan Land Use Designation c. South: Single-Family and Multi-Family Residential, Residential-10 (R-10) and Residential-6 (R-6) zones and Residential Medium Density (RMD) Comprehensive Plan Land Use Designation d. West: Barbee Mill residential development, Residential-10 (R-10) zone and Residential High Density (RHD) Comprehensive Plan Land Use Designation 7. Site Area: 357,673 square feet (8.21 acres) D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 6153 12/09/2024 City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 3 of 32 SR_May Creek Trail South_FINAL Zoning N/A 6154 12/09/2024 Annexation (Kennydale) N/A 2341 07/03/1967 Noise Variance LUA20-000037 N/A 02/25/2020 May Creek Tail Extension Project LUA19-000015 N/A 06/18/2019 NE 44th Street Modification LUA18-000669 N/A 11/20/2018 I-405, Renton to Bellevue Project, Stage 1 LUA17-000808 N/A 06/22/2018 Fawcett Lot Line Adjustment LUA17-000470 N/A 11/14/2017 WSDOT I-405 Test Borings for Renton to Bellevue Expansion Project LUA17-000339 N/A 06/01/2017 May Creek Trail Tree Removal Shoreline Exemption LUA16-000442 N/A 06/16/2016 May Creek Trail Emergency Tree Removal LUA14-001649 N/A 01/31/2015 May Creek Trail LUA12-037 N/A 09/05/2012 E. PUBLIC SERVICES: 1. Existing Utilities a. Water: Water service will be provided by the City of Renton. There is an existing 12-inch water main in Lake Washington Blvd N. b. Sewer: Sewer service is provided by the City of Renton. There is an existing 84-inch King County sewer main in the King County Parks East Rail Corridor Regional Trail. c. Surface/Storm Water: There is a section of existing 24-inch stormwater main on the east side of Lake Washington Blvd N, which is a discharge pipe from an existing water quality facility to the northwest of the project site. There is an existing stream named May Creek across the project site flowing from the east to west. 2. Streets: The proposed development fronts Lake Washington Blvd N along the west property line. Lake Washington Blvd N is classified as a Collector Arterial Street. Existing right-of-way (ROW) width according to the King County Assessor map is 60 feet, consisting of approximately 34-foot paved road, and on the project side, 10-foot lane, a 5-foot bike lane, 2-foot asphalt edge, and 16-feet of clear space. 3. Fire Protection: Renton Regional Fire Authority (RRFA) F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 4 of 32 SR_May Creek Trail South_FINAL b. Section 4-2-060: Zoning Use Table – Uses Allowed in the Zoning Designations c. Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Area Regulations b. Section 4-3-090: Shoreline Master Program Regulations 3. Chapter 4 City-Wide Property Development Standards 4. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 5. Chapter 9 Permits – Specific a. Section 4-9-070: Environmental Review b. Section 4-9-190: Shoreline Permits c. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Parks, Recreation, Natural Areas, and Trails 3. Shoreline Management H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on March 20, 2025 and determined the application complete on April 24, 2025. The project complies with the 170-day review period. 2. The project site is located at 4260 Lake Washington Blvd N, Renton, WA 98056. 3. The project site is currently developed with a public park, the May Creek Trail. 4. Access to the site would be provided via Lake Washington Blvd N. 5. The property is located within the Residential Medium Density (RMD) Comprehensive Plan land use designation. 6. The site is located within the Residential-6 (R-6) zoning classification. 7. There are approximately one hundred seventeen (117) significant trees located within the vicinity of the proposed project, of which the applicant is proposing to retain a total of ninety seven (97) trees. 8. According to City of Renton (COR) Maps, the site is mapped with moderate landslide hazard areas, sensitive slopes, protected slopes, a high seismic hazard area, wetlands, a stream (May Creek), and a 100-year floodplain and floodway associated with May Creek. May Creek is classified as a Shoreline of the State. The project site is located within reach B of May Creek (MC-B) and is within the Urban Conservancy Environment Designation. 9. Approximately 260 cubic yards of material would be cut on-site and approximately 200 cubic yards of fill is proposed to be brought into the site. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 5 of 32 SR_May Creek Trail South_FINAL 10. The applicant is proposing to begin construction in summer 2025 and end in fall 2025. 11. Staff received one public comment email (Exhibit 16) and three (3) agency comment emails (Exhibits 12, 14, and 18). Staff provided a response to each comment (Exhibits 13, 15, 17, and 19). To address public comments the ERC report (Exhibit 1) and following report included analysis related to noise, privacy, environmental protection, tree preservation, and archeological resources. 12. No other public or agency comments were received. 13. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on June 23, 2025 the Environmental Review Committee issued a Determination of Non- Significance - Mitigated (DNS-M) for the May Creek South Trail (Exhibit 22). The DNS-M included three (3) mitigation measures. A 14-day appeal period commenced on June 23, 2025 and ended on July 7, 2025. No appeals of the threshold determination were filed. 14. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance – Mitigated: 1. Construction on the project site shall comply with the recommendations of the submitted Geotechnical Report, prepared by PanGEO, Inc., dated March 3, 2023, and any future addenda. 2. When feasible, any wood from onsite tree removal shall be reused onsite. 3. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes’ cultural committees, and the Washington State Department of Archaeology and Historic Preservation. 15. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 16. Comprehensive Plan Compliance: The site is designated Residential Medium Density (RMD) on the City’s Comprehensive Plan Map. The purpose of the RMD designation is to support high-quality, compact, urban development with access to urban services, transit, and infrastructure, whether through new development or through infill development. The proposal is compliant with the following Comprehensive Plan policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis ✓ Goal LU-U: Preserve, protect, and enhance the quality and functions of the City’s sensitive areas including lakes, rivers, streams, intermittent stream courses and their floodplains, wetlands, aquifer, wildlife habitats, and areas of seismic and geological hazards. ✓ Policy LU-29: Preserve and enhance existing vegetation and tree canopy coverage to improve wildlife habitat quality. ✓ Policy LU-30: Preserve and enhance existing vegetation and tree canopy coverage to improve wildlife habitat quality. ✓ Goal PR-A: Create and enhance parks, trails, recreation programs, and natural resource areas to provide opportunities for the community to connect to, participate in, support, and encourage healthy environments and active lifestyles. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 6 of 32 SR_May Creek Trail South_FINAL ✓ Policy PR-1: Expand parks and recreational opportunities in areas with an identified need, in order to fill gaps in service and keep pace with future growth. ✓ Policy PR-2: Create a connected system of parks, trails, corridors, and natural areas that provide equitable, safe, multi-modal access to recreation opportunities. ✓ Policy PR-7: Protect, conserve, and enhance Renton’s diverse natural resources for the long-term health of ecosystems and for the benefit and enjoyment of future generations. 17. Zoning Development Standard Compliance: The proposed project is located within the Residential- 6 (R-6) zoning designation. No residential dwelling units or buildings are proposed, therefore the applicable R-6 development standards would not apply to the proposal. 18. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions of approval are complied with: Compliance Critical Areas Analysis Compliant if SEPA Mitigation Measure is met Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: According to City of Renton (COR) Maps, the site is mapped with moderate landslide hazard areas, sensitive slopes, protected slopes, and a high seismic hazard area. A Geotechnical Report, prepared by PanGEO, Inc., dated March 3, 2023 (Exhibit 6), was submitted with the project application materials. The ground surface along the north bank of May Creek at the proposed pedestrian bridge is relatively level and the area is vegetated primarily with fir and deciduous trees and undergrowth. The north bank is within the mapped 100-year flood plain of May Creek. The south bank slopes moderately to steeply upward to the southwest at a grade of about 40%. The south bank is being actively undercut by the creek and is vegetated primarily with blackberries. Filling, excavation, and grading are anticipated for the construction of the south May Creek trail, installation of bridge abutments, and regrading of sidewalks on Lake Washington Blvd N. Fill would consist of imported clean borrow material. Approximately 260 cubic yards of cut and approximately 200 cubic yards of fill are anticipated. Subsurface conditions at the bridge site were explored with two (2) borings (PG-1 and PG-2) that were drilled using a track mounted hollow stem auger drill rig. The soils encountered in PG-1 on the north bank consisted of beds of alluvium overlying glacial outwash material, with glaciolacustrine material at depth. The alluvium extends to a depth of roughly 14 feet (14’) below the ground surface. Boring PG-2 on the south bank also encountered about ten feet (10’) of colluvium overlying glacial outwash and glaciolacustrine beds. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 7 of 32 SR_May Creek Trail South_FINAL Groundwater was encountered at a depth of two feet (2’) in both borings. It is anticipated that groundwater levels would be controlled by the surface elevation of the creek and that water levels at the abutments would be at or slightly above the creek level. Groundwater levels are expected to fluctuate with seasonal flow changes in the creek. The report included recommendations for bridge and walkway foundation support, trail cuts and fills, and modular block and gabion walls. The ERC adopted a SEPA mitigation measure requiring that construction on the project site comply with the recommendations of the submitted Geotechnical Report, prepared by PanGEO, Inc., dated March 3, 2023, and any future addenda (Exhibit 22). N/A Streams: The following buffer requirements are applicable to streams in accordance with RMC 4-3-050G.2: Type F streams require a 115-foot buffer, Type Np streams require a 75-foot buffer, and Type Ns streams require a 50-foot buffer. An additional 15-foot building setback is required from the edge of all stream buffer areas. Staff Comment: Not applicable, the on-site stream, May Creek, is classified as a Shoreline of the State and is regulated under the Shoreline Management Act and Shoreline Master Program. N/A Wetlands: The following buffer requirements are applicable to wetlands in accordance with RMC 4-3-050G.2: Wetland Category Buffer Width Structure Setback beyond buffer High Habitat Function (8-9 points) Moderate Habitat Function (5-7 points) Low Habitat Function (3-4 points) All Other Scores 15 ft. Category I – Bogs & Natural Heritage Wetlands 200 ft. Category I – All Others 200 ft. 150 ft. 115 ft. 115 ft. Category II 175 ft. 150 ft. 100 ft. n/a Category III 125 ft. 100 ft. 75 ft. n/a Category IV 50 ft. n/a Staff Comment: Not applicable, the onsite wetlands are located within the 200- foot shoreline jurisdiction of May Creek and are subject to the wetland regulations adopted in the City’s Shoreline Master Program. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 8 of 32 SR_May Creek Trail South_FINAL 19. Shoreline Master Program Regulations: The following table contains project elements intended to comply with the Shoreline Master Program (SMP) bulk and dimensional standards and policies, as outlined in RMC 4-3-090: SHORELINE MASTER PROGRAM CRITERA: A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT: The project is located in the Urban Conservancy Overlay District. The purpose of the Urban Conservancy environment is to protect, conserve, restore, and manage existing areas with ecological functions of open space, floodplain, and other sensitive lands where they exist in urban and developed settings, while allowing compatible uses. The proposal is compliant with the following Shoreline policies: ✓ Objective SH-D: The resources and amenities of all shorelines and the ecological processes and functions they provide, such as wetlands, upland and aquatic vegetation, fish and wildlife species and habitats, as well as scenic vistas and aesthetics should be protected and preserved for use and enjoyment by present and future generations. Natural shorelines are dynamic with interdependent geologic and biological relationships. Alteration of this dynamic system has substantial adverse impacts on geologic and hydraulic mechanisms important to the function of the water body and can disrupt elements of the food chain. ✓ Policy SH-5: Native shoreline vegetation should be conserved to maintain shoreline ecological functions and mitigate the direct, indirect and/or cumulative impacts of shoreline development, wherever feasible. Important functions of shoreline vegetation include, but are not limited to: • Providing shade necessary to maintain water temperatures required by salmonids, forage fish, and other aquatic biota. • Regulating microclimate in riparian and nearshore areas. • Providing organic inputs necessary for aquatic life, including providing food in the form of various insects and other benthic macro invertebrates. • Stabilizing banks, minimizing erosion and sedimentation, and reducing the occurrence/severity of landslides. • Reducing fine sediment input into the aquatic environment by minimizing erosion, aiding infiltration, and retaining runoff. • Improving water quality through filtration and vegetative uptake of nutrients and pollutants. • Providing a source of large woody debris to moderate flows, create hydraulic roughness, form pools, and increase aquatic diversity for salmonids and other species. • Providing habitat for wildlife, including connectivity for travel and migration corridors. ✓ Policy SH-7: Existing and future activities on all Shorelines of the State regulated by the City of Renton should be designed to ensure no net loss of ecological functions. ✓ Objective SH-F: Increase public accessibility to shorelines and preserve and improve the natural amenities. ✓ Policy UT-20: Public access should be provided consistent with the existing character of the shoreline and consideration of opportunities and constraints for City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 9 of 32 SR_May Creek Trail South_FINAL physical and visual access, as well as consideration of ecological functions, as provided in Policy SH-31 Table of Public Access Objectives by Reach, and in conjunction with the following policies. ✓ Policy SH-21: Public access to and along the water's edge should be available throughout publicly owned shoreline areas although direct physical access to the water’s edge may be restricted to protect shoreline ecological values. Public access shall be provided over all public aquatic lands leased for private activity, consistent with compatibility with water-dependent uses. ✓ Policy SH-26: Both passive and active public areas should be designed and provided. ✓ Policy SH-28: In planning for public access, emphasis should be placed on foot and bicycle paths consistent with the Renton Bicycle and Trails Master Plan, rather than roads, except in areas where public boat launching would be desirable. ✓ Policy SH-35: Public land, including city parks and public aquatic lands, should be managed to provide a balance of public recreation, public access to the water, and protection and enhancement of ecological functions. B. GENERAL DEVELOPMENT STANDARDS: The subject site is classified as Shoreline High Intensity and Urban Conservancy on the City of Renton Shoreline Overlay Map. The following development standards are applicable to the proposal: 1. Environmental Effects: a. No Net Loss of Ecological Functions: ✓ Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: A Biological Assessment (BA), prepared by WSP USA, dated September 2024 (Exhibit 7) and a Wetland and Stream Delineation Report, prepared by WSP USA, dated April 2024 (Exhibit 8), were included with the May Creek Trail South project application. The purpose of the BA is to evaluate the potential effects of the proposed activities on species listed under the Endangered Species Act (ESA). The report evaluated the likely effects of proposed alterations within the floodplain, riparian buffer zone, and channel migration zone. The proposal includes an approximately 50-foot (50’) long spur trail within the 100-year floodplain. This section would match the existing conditions and would not require grading or fill activities. Two (2) trail sections would cross existing wetland areas and would be constructed as an elevated boardwalk in these locations. The proposed bridge would not impact May Creek and the proposed City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 10 of 32 SR_May Creek Trail South_FINAL bridge abutments would be positioned above the ordinary high-water mark (OHWM), the floodway, and the 100-year floodplain. The submitted Wetland and Stream Delineation Report identified four (4) wetlands (Wetlands A-D) within the project site. All wetlands were classified as Category III wetlands. Wetland A (0.14 acres) is a forested wetland located within the southern portion of the project site and is to the south of May Creek. Wetland B (0.03 acres) is a scrub-shrub wetland located within the southern portion of the project site, along the southern floodplain of May Creek. Wetland C (0.80 acres) is a forested wetland located within the southern portion of the project site, south of May Creek. Wetland D (0.03 acres) is a scrub-shrub wetland located on the northern portion of the project site, north of May Creek. All onsite wetlands are located within the 200-foot (200’) shoreline jurisdiction of May Creek and would be regulated under the City’s Shoreline Master Program. Category III wetlands within the Shoreline Master Program would be subject to a 60-foot (60’) buffer. The Shoreline Master Program permits the development of permeable public trails within the shoreline of up to six feet (6’) in width per RMC Section 4-3-090D.4.d. In addition, RMC Section 4-3-090E.1 permits the expansion of existing overwater trails, subject to the approval of a Shoreline Conditional Use Permit. The project proposal includes the expansion of an existing overwater trail system through the construction of a new bridge and includes the development of a six-foot (6’) wide trail with one-foot (1’) shoulders that would be ADA accessible, which would trigger the requirement for a Shoreline Conditional Use Permit and Shoreline Variance. The parcel contains natural features including May Creek and four (4) 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. The proposed trail would be constructed as an elevated boardwalk through Wetland C. Impacts are proposed to be mitigated in accordance with the submitted mitigation planting plans (Exhibits 2, 3, and 7). The BA concludes that, as proposed, the project is not likely to adversely affect threatened salmonid species or critical habitat. b. Burden on Applicant: ✓ Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline Management Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Staff Comment: The applicant submitted a Biological Assessment (BA), prepared by WSP USA, dated September 2024 (Exhibit 7) and a Wetland and Stream Delineation Report, prepared by WSP USA, dated April 2024 (Exhibit 8). The submitted reports included findings and conclusions that demonstrated the proposals compliance with the requirements of the Shoreline Master Program and Shoreline Management Act and concluded that the proposal would not adversely affect threatened salmonid species or critical habitat. 2. Use Compatibility and Aesthetic Effects: City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 11 of 32 SR_May Creek Trail South_FINAL Shoreline use and development activities shall be designed and operated to allow the public’s visual access to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived from natural features, such as shoreforms and vegetative cover. a. View Obstruction and Visual Quality: ✓ View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or trails. Staff Comment: The proposal does not involve any structures above grade except for the proposed bridge over May Creek and boardwalk sections at wetland crossings. No adverse view or aesthetic impacts are anticipated. N/A Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet above average finished grade level except at specific locations. Staff Comment: The Project does not include construction of buildings. N/A Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. N/A Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. Staff Comment: The Project does not include lighting. N/A Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. N/A Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. ✓ Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. Staff Comment: Project improvements have been designed to minimize visual prominence along the shoreline while enhancing recreation opportunities for the public. The project includes expanding the existing May Creek Trail and associated trail improvements. There would be no in-water structures constructed as part of this project as the proposed bridge abutments would be located outside of the OHWM and 100-year floodplain of May Creek. ✓ Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 12 of 32 SR_May Creek Trail South_FINAL requirements apply, such facilities may be increased to six feet (6') in width. Stairways shall conform to the existing topography to the extent feasible. Staff Comment: The proposed project includes a soft surface trail, pedestrian bridge, and associated frontage improvements within the May Creek Greenway in Renton. There is an existing trail that runs along the north side of May Creek (a Type S stream). It was originally constructed in 2012 (LUA12-037) and extended in 2019 (LUA19- 000015). The proposed trail would be constructed along the south side of May Creek and would connect to the north side trail via a new bridge. The proposed soft surface trail would be one-quarter (1/4) mile in length, consisting of an approximately six-foot (6’) wide trail with one-foot (1’) shoulders constructed at existing grade with two (2) spurs (Spur 1 and Spur 2) leading to viewing areas, as well as boardwalk sections at wetland crossings. The bridge would be approximately 100 feet (100’) length, approximately eight feet (8’) in width, and would cross May Creek at the eastern portion of the site. The trail is designed to be a Trail Class 4 to meet the existing classification, and both the trail and bridge would conform to the Americans with Disabilities Act (ADA). A Shoreline Variance has been requested to exceed the six- foot (6’) maximum width requirement, see further discussion below under FOF 21. b. Community Disturbances: ✓ Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. Staff Comment: Noise and vibration impacts would primarily result from construction work. According to the applicant, all motorized equipment would meet all current emission standards, so emissions are expected to be limited and diffuse (Exhibit 3). The proposed trail would not result in additional emissions once the project is completed. c. Design Requirements: N/A Architectural styles, exterior designs, landscaping patterns, and other aspects of the overall design of a site shall be in conformance with urban design and other standards contained in RMC 4-3-100, Urban Design Regulations, and other applicable provisions of RMC Title IV, Development Regulations, as well as specific policies and standards of the Shoreline Master Program. Staff Comments: Not applicable, no buildings are proposed. d. Screening Required: N/A The standards in RMC 4-4-095 concerning screening of mechanical equipment and outdoor service and storage areas shall apply within shorelines with the additional criteria that the provisions for bringing structures or sites into conformance shall occur for minor alteration or renovation as provided in RMC 4-9-190. Staff Comment: Not applicable, no mechanical equipment or storage areas are proposed. 3. Public Access: Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. a. Design Criteria for Public Access Sites: City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 13 of 32 SR_May Creek Trail South_FINAL ✓ Walkways or Trails Required in Vegetated Open Space: Public access on sites where vegetated open space is provided along the shoreline shall consist of a public pedestrian walkway parallel to the OHWM of the property. The walkway shall be buffered from sensitive ecological features, may be set back from the water’s edge, and may provide limited and controlled access to sensitive features and the water’s edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. 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. Staff Comment: The project is proposing to increase public access and recreation opportunities along the shoreline of May Creek by constructing a six-foot (6’) wide pedestrian trail with one-foot (1’) shoulders and an eight-foot (8’) wide bridge that would connect to the existing May Creek Trail (see further variance discussion below under FOF 21, Shoreline Variance Analysis). The trail expansion design is a meandering walkway that generally runs parallel to the shoreline and would be buffered from the existing shoreline by existing vegetation. The proposed trail alignment and bridge abutments would be located outside of the OHWM. A cedar split-rail fence is proposed along the mitigation boundary to control damage to existing and mitigation plants and other sensitive ecological features between the shoreline and the proposed new trail (Exhibit 2). b. Public Access Development Standards: ✓ i. Relation to Other Facilities: (a) Preferred Location: Public access shall be located adjacent to other public areas, accesses, and connecting trails, connected to the nearest public street, and include provisions for handicapped and physically impaired persons, where feasible. (b) Parking Requirements: Where public access is within four hundred feet (400') of a public street, on-street public parking shall be provided, where feasible. For private developments required to provide more than twenty (20) parking spaces, public parking may be required in addition to the required parking for the development at a ratio of one space per one thousand (1,000) square feet of public access area up to three (3) spaces and at one space per five thousand (5,000) square feet of public access area for more than three (3) spaces. Parking for public access shall include the parking spaces nearest to the public access area and may include handicapped parking if the public access area is handicapped accessible. (c) Planned Trails to Be Provided: Where public trails are indicated on the City’s transportation, park, or other plans, construction of trails shall be provided within shoreline and non-shoreline areas of a site. ii. Design: (a) General: Design of public access shall provide the general public with opportunity to reach, touch, and enjoy the water’s edge and to view the water and the shoreline from adjacent locations and shall be as close horizontally and vertically to the shoreline’s edge as feasible; provided, that public access does not adversely affect sensitive ecological features or lead to an unmitigated reduction in ecological functions. (b) Privacy: Design shall minimize intrusions on privacy of adjacent use by avoiding locations adjacent to residential windows and/or outdoor private residential open spaces or by screening or other separation techniques. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 14 of 32 SR_May Creek Trail South_FINAL iii. Use and Maintenance: (a) Public Access Required for Occupancy: Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaranteeing installation through a monetary performance assurance. (b) Maintenance of Public Access Required: Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements. (c) Public Access Must Be Legally Recorded: Public access provisions on private land shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded prior to the time of building occupancy or plat recordation, whichever comes first. (d) Maintenance Responsibility: Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or nonprofit agency through a formal recorded agreement. (e) Hours of Access: Public access facilities shall be available to the public twenty four (24) hours per day unless an alternate arrangement is granted though the initial shoreline permitting process for the project. Changes in access hours proposed after initial permit approval shall be processed as a shoreline conditional use. (f) Signage Required: The standard State-approved logo or other approved signs that indicate the public’s right of access and hours of access shall be installed and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites and at the nearest connection to an off-site public right-of-way. Staff Comment: The proposal is adjacent to other public areas and would connect to what will eventually be a regional trail. As shown on the submitted off-site parking exhibit (Exhibit 23), parking for the proposed trail access would be provided at the NE 44th & I-405 Park and Ride parking lot. It is recognized that the trail system should be considered as a whole in assessing whether adequate on-street parking is required. The proposed trail implements some of the objectives of the City’s Trails and Bicycle Master Plan. The proposed trail improvements include two (2) spurs that would provide visual access to the shoreline. The proposed trail would not be in close proximity to any residential windows or private open spaces and is not anticipated to disturb privacy of existing, neighboring residents. The proposed May Creek Trail South extension would be maintained and operated by the City’s Parks and Recreation Department and would be available to the public year-round. Trail hours would be restricted to the City’s park access hours, which are currently dawn to dusk. Trail signage would be provided on-site. c. Public Access Requirements by Reach: ✓ May Creek Reach (MC-B): At the time of redevelopment, public access should be provided consistent with standards of this Section from a trail parallel to the water along the entire property with controlled public access to the water consistent with standards of this Section, and goals of preservation and enhancement of ecological functions (Exhibit 2). 4. Building and Development Location – Shoreline Orientation: City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 15 of 32 SR_May Creek Trail South_FINAL Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values. a. Design and Performance Standards: ✓ Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under-building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particularly water-dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Staff Comment: The proposed soft surface trail would be constructed compacted gravel overlaid by fine bark mulch, as shown on the submitted 60% plan set (Exhibit 2). In addition, a boardwalk is proposed to be constructed where the trail would traverse the wetlands, and a bridge is proposed over May Creek. The proposed improvements include a mitigation plan to prevent adverse impacts to riparian, nearshore and wetland habitat. No shoreline stabilization is necessitated by the proposal. N/A Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. Staff Comment: Not applicable, no accessory development is proposed. ✓ Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. Staff Comment: The project would not deprive other uses of reasonable access to navigable waters and existing water-related recreation would be preserved. 5. Archaeological, Historical, and Cultural Resources: Compliant if SEPA Mitigation Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 16 of 32 SR_May Creek Trail South_FINAL Measure is met and Federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources. Staff Comment: The project proposal and notice of application were provided to reviewing agencies including, but not limited to, the State Department of Archaeology and Historic Preservation (DAHP), the Muckleshoot Indian Tribe, Duwamish Tribe, and the Department of Ecology. Agency comments were received from the Duwamish Tribe (Exhibit 12). According to the comments received from the Duwamish Tribe, the project site is in a probability zone for archaeological artifacts, given its proximity to Lake Washington. If archaeological deposits of unevaluated significance are encountered during construction activities, ground disturbance should be halted and activities directed away from the area. In order to protect archaeological resources, an environmental (SEPA) mitigation measure included that if any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes’ cultural committees, and the Washington State Department of Archaeology and Historic Preservation. These measures would adequately protect archaeological resources. ✓ Coordination Encouraged: Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. Staff Comment: See comment above. ✓ Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. Staff Comment: The Project site is largely undeveloped and there is no evidence to suggest that the proposal would have any adverse impact on historical or cultural resource. See comment above. ✓ Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies. Staff Comment: See comment above. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 17 of 32 SR_May Creek Trail South_FINAL ✓ Access for Educational Purposes Encouraged: Land owners are encouraged to provide access to qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. Staff Comment: See comment above. 6. Standards for Density, Setbacks, and Height – Activities Exempt from Buffers and Setbacks: The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV. N/A Water-Dependent Development: Those portions of approved water-dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. ✓ Vegetation Conservation Buffer: Water bodies defined as shorelines shall have a minimum one hundred-foot (100') vegetation management buffer measured from the OHWM of the regulated shoreline of the State. Areas approved for water-dependent use or public access may be excluded from vegetated buffer if the approval is granted through review of a Substantial Development Permit; provided, that the area excluded is the minimum needed to provide for the water-dependent use or public access. Staff Comment: Per 4-3-090F.1 (Vegetation Conservation), a vegetation conservation buffer of 100-feet is required for development projects within a designated shoreline. The project site is located within Reach B of May Creek which requires the full standard 100-foot buffer, as measured from the OHWM of May Creek. Removal of noxious weeds and invasive species is allowed within the vegetation conservation buffer area, and new development is required to develop and implement a vegetation management plan per RMC standards. Public hiking trails over land in the buffer are permitted in the Urban Conservancy Environment Designation if they do not degrade the ecological functions or natural character of the shoreline area (RMC 4-3-090E.1). Additionally, RMC 4-3-090D.4.f specifically identifies the proposed project to provide public access through a trail parallel to May Creek Shoreline Reach B. Direct impacts to May Creek have been avoided under the proposed Project design. Impacts to stream buffer areas are unavoidable as the proposed trail extension connects to the existing May Creek Trail, which is already located within the 100-foot vegetation conservation buffer. Buffer impacts have been minimized by proposing a six-foot (6’) wide soft surface trail with one-foot (1’) wide shoulders. Tree removal has been minimized for the proposed trail extension, limited to the removal of twenty (20) trees. A mitigation planting plan was included with the submitted 60% design plan set (Exhibit 2), the proposed planting plan includes the restoration of 81,994 square feet of upland/buffer restoration, 28,001 square feet of sandy loam floodplain bench, 450 square feet of Wetland C seasonally inundated bench, 4,402 square feet of live stakes, and 32,479 square feet of wetland restoration. It is anticipated that the proposed mitigation plantings would adequately mitigate for impacts of the construction of the proposed trail extension. N/A Aquatic Building Height – Maximum: City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 18 of 32 SR_May Creek Trail South_FINAL In water – 35 ft. Additional height may be allowed if essential to the function of a water-dependent use. N/A High Intensity Building Height – Maximum: In water – 35 ft. Within 100 feet of OHWM – 35 ft. More than 100 feet from the OHWM – 35 ft. Additional height may be allowed if essential to the function of a water-dependent use. Height up to that established in chapter 4-2 RMC, Zoning Districts – Uses and Standards, may be allowed for non-water-dependent uses in the following reaches: Lake Washington Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A; May Creek Reach B; and Springbrook Creek Reaches B, C, and D: For buildings landward of one hundred feet (100') from OHWM, the maximum building height shall be defined by a maximum allowable building height envelope that shall: i. Begin along a line laying parallel to and one hundred feet (100') from OHWM at a height of either thirty-five feet (35') or one half (1/2) the maximum height allowed in the underlying zone, whichever is greater; and ii. Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either (a) until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or (b) to the end of shoreline jurisdiction, whichever comes first. ✓ Impervious area within the Buffer/Setback: 5% No building coverage is allowed in buffers. Up to five percent (5%) impervious surface is allowed in buffers for access to the shoreline, or a pathway up to six feet (6') wide that is located to minimize impervious surface coverage, whichever is greater. In addition, for projects that provide public access and the opportunity for substantial numbers of people to enjoy the shoreline, up to twenty five percent (25%) impervious surface is allowed within the buffer; provided, that no more than five percent (5%) impervious surface is allowed closer than twenty five feet (25') from the OHWM or a pathway up to six feet (6') wide, whichever is greater. The Administrator may approve public access within the first twenty five feet (25’) from the OHWM where such area already exceeds twenty five percent (25%) impervious area consistent with RMC 4- 10-095. Staff Comment: Trails up to six feet (6’) in width are not subject to the impervious surface coverage requirements. The proposed trail would have a width of six feet (6’) with one-foot (1’) wide shoulders and would have a total area of 4,340 square feet of new impervious surface. The buffer on the south side of May Creek would total approximately 97,000 square feet. The proposed 4,340 square foot trail would result in an impervious coverage of four percent (4%) within the south May Creek vegetation conservation buffer, which would not exceed the impervious surface coverage requirements permitted onsite. ✓ Impervious area within 100 feet of the OHWM: 75% Staff Comment: See previous discussion above. 7. Use Regulations: City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 19 of 32 SR_May Creek Trail South_FINAL a. Public Hiking and Bicycle Trails, Over Land: ✓ A public trail is permitted outright, provided that the use does not degrade the ecological functions or natural character of the shoreline area. Staff Comment: The proposed trail extension to the May Creek Trail was designed to retain public trail access and create additional recreational opportunities. The proposed public trail extension would not degrade the ecological functions or natural character of the shoreline area, as concluded in the submitted BA (Exhibit 7). 8. Recreation: a. Recreation activities are allowed when: ✓ i. There is no net loss of ecological functions, including on- and offsite mitigation. ii. Water-related and water-enjoyment uses do not displace water-dependent uses and are consistent with existing water-related and water-enjoyment uses. iii. The level of human activity involved in passive or active recreation shall be appropriate to the ecological features and shoreline environment. iv. State-owned shorelines shall be recognized as particularly adapted to providing wilderness beaches, ecological study areas, and other recreational uses for the public in accordance with RCW 90.58.100(4). Staff Comment: As previously discussed above, the submitted BA (Exhibit 7) concluded that the proposed trail extension would not be likely to adversely affect ecological functions. b. Location Relative to the Shoreline: Activities provided by recreational facilities must bear a substantial relationship to the shoreline, or provide physical or visual access to the shoreline. ✓ ii. Water-related recreation such as picnicking, hiking, and walking should be located near the shoreline. Staff Comment: The majority of the existing May Creek Trail is located parallel to the shoreline and the proposed May Creek Trail South expansion would also be primarily located parallel to the shoreline, with the exception of the two (2) proposed spurs and bridge that would cross May Creek. The spurs would facilitate public access to the shoreline and the bridge would be required to facilitate the connection to the existing Park’s and Recreation trail system. c. Over-Water Structures: Over-water structures for recreation use shall be allowed only when: ✓ i. They allow opportunities for substantial numbers of people to enjoy the shorelines of the State. ii. They are not located in or adjacent to areas of exceptional ecological sensitivity, especially aquatic and wildlife habitat areas. iii. They are integrated with other public access features, particularly when they provide limited opportunities to approach the water’s edge in areas where public access is set back to protect sensitive ecological features at the water’s edge. iv. No net loss of ecological functions will result. Staff Comment: The proposed project includes a bridge crossing over May Creek as well as boardwalk sections where the trail would cross the existing wetlands. The bridge would be approximately 100 feet (100’) length, approximately eight feet (8’) in City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 20 of 32 SR_May Creek Trail South_FINAL width, and would cross May Creek at the eastern portion of the site. The trail is designed to be a Trail Class 4 to meet the existing classification, and both the trail and bridge would conform to the Americans with Disabilities Act (ADA). The impacts that would result from the construction of the elevated board would be mitigated in accordance with the submitted mitigation planting plan (Exhibit 2). The proposed bridge would not impact May Creek as the proposed bridge abutments would be positioned above the ordinary high-water mark (OHWM), the floodway, and the 100- year floodplain. The BA concludes that, as proposed, the project is not likely to adversely affect threatened salmonid species or critical habitat. d. Public Recreation: Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: ✓ i. The natural character of the shoreline is preserved and the resources and ecology of the shoreline are protected. ii. Accessibility to the water’s edge is provided consistent with public safety needs and in consideration of natural features. iii. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community. iv. Water-related and water-enjoyment uses do not displace water-dependent uses and uses are consistent with existing water-related and water-enjoyment uses. v. Recreational development is located and designed to minimize detrimental impact on the adjoining property. vi. The development provides parking and other necessary facilities to handle the designed public use. vii. Effects on private property are consistent with all relevant constitutional and other legal limitations on regulation or acquisition of private property. viii. Public parks and other public lands shall be managed in a manner that provides a balance between providing opportunities for recreation and restoration and enhancement of the shoreline. Major park development shall be approved only after a master planning process that provides for a balance of these elements. Staff Comment: As previously discussed under FOF 19, there is no net loss in ecological function associated with the proposal. The level of human activity is limited to walking and possibly bicycling and is anticipated to have little impact on the shoreline habitat, per the submitted BA (Exhibit 7). As a water-related recreation facility, the trail is located near the shoreline. As previously determined, natural character is preserved. Accessibility to the water’s edge would be provided by the two (2) proposed spurs and the proposed bridge crossing. No water-dependent uses are displaced. No adverse impacts would be generated by the project, which includes impacts to adjoining uses. Parking for the May Creek Trail is anticipated at the NE 44th & I-405 Park and Ride lot (Exhibit 23). As previously discussed, the extensive restoration and mitigation associated with the proposal is well balanced with public recreational needs. 9. Transportation: a. General Standards: New and expanded transportation facilities shall be designed to achieve no net loss of ecological functions within the shoreline. To the maximum extent feasible the following standards shall be applied to all transportation projects and facilities: City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 21 of 32 SR_May Creek Trail South_FINAL ✓ i. Facilities shall be located outside of the shoreline jurisdiction and as far from the land/water interface as possible. Expansion of existing transportation facilities shall include analysis of system options that assess the potential for alternative routes outside shoreline jurisdiction or set back further from the land/water interface. ii. Facilities shall be located and designed to avoid significant natural, historical, archaeological, or cultural sites, and mitigate unavoidable impacts. iii. Facilities shall be designed and maintained to prevent soil erosion, to permit natural movement of groundwater, and not adversely affect water quality or aquatic plants and animals over the life of the facility. iv. All debris and other waste materials from construction shall be disposed of in such a way as to prevent their entry by erosion into any water body and shall be specified in submittal materials. v. Facilities shall avoid the need for shoreline protection. vi. Facilities shall allow passage of flood waters, fish passage, and wildlife movement by using bridges with the longest span feasible or when bridges are not feasible, culverts and other features that provide for these functions. vii. Facilities shall be designed to accommodate as many compatible uses as feasible, including, but not limited to: utilities, viewpoint, public access, or trails. Staff Comment: As previously discussed above, the proposal would result in no net loss of ecological function. The transportation regulations above that require facilities to be located as far away from shorelines as possible conflict with the policies that require recreational facilities and public access facilities to be located close to the shoreline. Given that the public access/recreational policies are more specifically targeted at the project and that shoreline policies strongly encourage public access to the shoreline, the public access/recreational regulations supersede the conflicting transportation facility regulations. There are no adverse impacts to archaeological, natural, historical, or cultural resources, if all SEPA mitigation measures are complied with. The project would not adversely affect water quality or aquatic plants or animals. Excavation would be very modest and there is nothing to suggest that groundwater movement would be affected. The TIR (Exhibit 9) provides that stormwater currently infiltrates or is dispersed and sheet flow towards May Creek. The proposed project would not change how or where stormwater is discharged or affect water movement across the site. Temporary erosion and sediment control measures and appropriate best management practices would be used during construction to minimize erosion. Long-term erosion is not anticipated as a result of the completed project. Best management practices would be used to minimize erosion during construction. Stormwater runoff would be intercepted by temporary erosion and sediment control measures. The trail does not trigger any significant need for shoreline protection. The trail provides access to the shoreline through the two (2) proposed spurs and the bridge crossing. The project would add new recreational opportunities for people in the community to enjoy shoreline areas. The proposed Project is consistent with policies and regulations for ecological protection. b. Trails: i. Trails that provide public access on or near the water shall be located, designed, and maintained in a manner that protects the existing environment and shoreline City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 22 of 32 SR_May Creek Trail South_FINAL ✓ ecological functions. Preservation or improvement of the natural amenities shall be a basic consideration in the design of shoreline trails. ii. The location and design of trails shall create the minimum impact on adjacent property owners including privacy and noise. iii. Over-water structures may be provided for trails in cases where: (a) Key trail links for local or regional trails must cross streams, wetlands, or other water bodies. (b) For interpretive facilities. (c) To protect sensitive riparian and wetland areas from the adverse impacts of at grade trails, including soil compaction, erosion potential and impedance of surface and groundwater movement. iv. Trail width and surface materials shall be appropriate for the context with narrow soft surface trails in areas of high ecological sensitivity where the physical impacts of the trail and the number of users should be minimized with wider hard-surfaced trails with higher use located in less ecologically sensitive areas. Staff Comment: The proposed May Creek Trail South extension would avoid environmental impacts and would connect to the existing trail located on the north side of May Creek, which extends to the east of the project site underneath I-405. As previously discussed above, the proposed trail design would support shoreline ecological functions and minimize impacts on adjoining property owners. At its closest point, the proposed trail would be approximately sixty-seven feet (67’) from the neighboring property to the south and would be buffered by the neighboring properties by existing vegetation. The trail surface is relatively narrow and considered a soft surface to assure compatibility with shoreline resources. The design would preserve and improve the natural amenities of the site through trail alignment and replanting would provide enhancement plantings along the shoreline of May Creek. The proposed trail extension project is not expected to have any significant adverse impact on the downstream and/or upstream drainage system and is not expected to have a direct effect to instream habitat because no in-water work is proposed. Indirect effects to listed species would be limited to modification of surrounding riparian habitat with respect to the proposed project. The City, as lead agency, issued a Determination of Non-Significance Mitigated (DNS-M) on June 23, 2025 (Exhibit 22). The environmental impacts to shoreline buffers were avoided and minimized to the greatest extent feasible and/or mitigation measure have been recommended. c. Parking: ✓ i. When Allowed: Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary to serve an authorized primary use. ii. Public Parking: (a) In order to encourage public use of the shoreline, public parking is to be provided at frequent locations on public streets, at shoreline viewpoints, and at trailheads. (b) Public parking facilities shall be located as far as feasible from the shoreline unless parking areas close to the water are essential to serve approved recreation and public access. In general, only handicapped parking should be located near the land/water interface with most other parking located within walking distance and outside of vegetation conservation buffers provided in subsection F1 of this Section, Vegetation Conservation. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 23 of 32 SR_May Creek Trail South_FINAL 20. Shoreline Conditional Use Analysis: In accordance with RMC 4-3-090E.1, no new over-water trails shall be allowed unless it is part of the expansion of an existing over-water trail or over-water trail system. Such expansions shall be considered a conditional use if allowed in the Public Access Requirements by Reach Table at subsection RMC 4-3-090D.4.f and if impacts are limited. The proposed trail expansion would include a bridge over May Creek and a boardwalk over wetland areas and would require a Shoreline Conditional Use Permit. The proposal is compliant with the following conditional use criteria, pursuant to RMC 4-9-190I.5. Therefore, staff recommends approval of the requested Conditional Use Permit. Compliance Conditional Use Criteria and Analysis ✓ a. The proposed use is consistent with the policies of RCW 90.58.020 and the Shoreline Master Program. Staff Comment: 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. The applicant contends the proposed project would be consistent with the policies of RCW 90.58.020 and the Shoreline Master Program. The project would include mitigation which would meet the preferred uses 2, 3, and 4 specified above. The proposed project would include the construction of a new trail, boardwalk and pedestrian bridge. This would increase access to publicly owned areas of the shoreline of May Creek and would provide increased recreational opportunities for the public which comply with preferred uses 5 and 6. Staff has reviewed the request and concurs that the proposal would comply with the policies of RCW 90.58.020 and the Shoreline Master Program. As previously discussed, the proposal includes the expansion of an existing trail system, which would increase public access along May Creek, see previous discussion above under FOF 19 for Shoreline Master Program and Shoreline Management Act compliance. ✓ b. The proposed use will not interfere with the normal public use of public shorelines. Staff Comment: The applicant contends that the proposed project is a recreational trail that would connect to the existing trail network within the May Creek Greenway (Exhibit 4). The proposed project would enhance the existing recreational uses of the parcel and would not interfere with any normal public use of public shorelines. (c) Public parking facilities shall be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. Staff Comment: The proposed May Creek Trail Extension Project would not provide a parking facility within the shoreline. Public parking for the May Creek Trail is anticipated on the NE 44 & I-405 Park and Ride located to the east of the project site. Parking for public access would be provided on-street where feasible. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 24 of 32 SR_May Creek Trail South_FINAL Staff has reviewed the request and concurs that the proposed project would not interfere with the normal public use of public shorelines. As previously discussed above, the proposal would expand an existing trail system and provide additional opportunities for the public the access the shoreline. ✓ c. 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. Staff Comment: The applicant contends that the project site is located within Reach B of May Creek. 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 is in compliance with Comprehensive Plan goals for this section of May Creek. Staff has reviewed the request and concurs that the proposal would be compatible with other uses in the area and uses planned under the Comprehensive Plan and Shoreline Master Program. The surrounding uses in the area include an existing trail system to the west and east of the project site, as well as residential uses to the south. The proposed trail system would provide access to the shoreline for the surrounding residential uses and would be compatible with the existing uses. See previous discussion above under FOFs 16 and 19 regarding Comprehensive Plan and Shoreline Master Program Compliance. ✓ d. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located. Staff Comment: The applicant contends that the proposed use would preserve and enhance the ecological functions of May Creek and the adjacent shoreline. In addition, the applicant contends that the proposed use would not cause any significant adverse effects to the shoreline. Staff has reviewed the proposal and concurs that the mitigation proposed (Exhibit 2) for the proposed project would have not cause any significant adverse effects to the shoreline environment. ✓ e. The public interest suffers no substantial detrimental effect. Staff Comment: The applicant contends that the proposed project would benefit public interest. Public interest would 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 would provide a recreational trail that would benefit the general public. Staff has reviewed the request and concurs that the proposed trail extension would not have a substantial detrimental effect on the public interest. Any constructed impacts to onsite critical areas would be mitigated in accordance with the submitted mitigation plans (Exhibit 2) and the proposed trail extension would expand the recreational opportunities for the public. 21. Shoreline Variance Analysis: The proposed soft surface trail would be one-quarter (1/4) mile in length, consisting of an approximately six-foot (6’) wide trail with one-foot (1’) wide shoulders constructed at existing grade with two (2) spurs (Spur 1 and Spur 2) leading to viewing areas, as well City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 25 of 32 SR_May Creek Trail South_FINAL as six-foot (6’) wide boardwalk sections at wetland crossings. The bridge would be approximately 100 feet (100’) length, approximately eight feet (8’) in width, and would cross May Creek at the eastern portion of the site. The trail is designed to be a Trail Class 4 to meet the existing classification, and both the trail and bridge would conform to the Americans with Disabilities Act (ADA). In accordance with RMC 4-3-090D.4.di, the maximum trail width permitted shoreline areas is four (4) to six (6) feet and the trail. In accordance with RMC 4-3-090E.10.d.iv soft surface trails are required within ecologically sensitive areas. The proposal is compliant with the following shoreline variance criteria, pursuant to RMC 4-9-190I.4. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis: 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. Staff Comment: The applicant contends that adhering to a strict interpretation of the Renton Municipal Code and not allowing the slightly wider proposed trail width would interfere with the objectives of the Renton Comprehensive Plan and Renton 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 would enhance the ecological functions of this shoreline area (Exhibit 4). Staff has reviewed the request and concurs that the strict application of the trail width maximum standards would interfere with reasonable use of the property. The proposed trail is intended to conform to the Trail Class 4 standards and would meet ADA requirements. In order to accomplish this, the proposed bridge would need to have a width of eight feet (8’) and the proposed soft surface trail would require a total footprint of eight feet (8’), which includes a six-foot (6’) trail width with one-foot (1’) wide shoulders on either side, which would exceed the maximum permitted width of six feet (6’). In addition, a hard surface boardwalk is proposed over the wetland areas to provide a stable walking surface over these critical areas. ✓ 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. Staff Comment: The applicant contends that the parcel contains natural features including May Creek and four (4) 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. In addition, the City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 26 of 32 SR_May Creek Trail South_FINAL applicant contends that the trail design maintains grades and widths that are ADA accessible while following the existing topography to minimize grading needs. Staff has reviewed the request and concurs that the hardship is related to unique conditions, specifically the ADA requirements regarding trail width and would not be related to the applicant’s own actions. In addition, the proposed hard surface boardwalk over the wetland areas would be necessary to provide a stable walking surface through these sensitive areas. ✓ 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. Staff Comment: The applicant contends that the project area is located within May Creek Reach B. One objective 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 would 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 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 (Exhibit 2) 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. Staff has reviewed the request and concurs that the proposed trail, boardwalk, and bridge design would be compatible with existing trail uses and residential uses located in the vicinity of the project site. See previous discussion above under FOFs 16 and 19 regarding Comprehensive Plan and Shoreline Master Program compliance. ✓ d. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area. Staff Comment: The applicant contends that the requested shoreline variance would not constitute a grant of special privilege. The property is owned by the City of Renton and is publicly accessible. The completed project would benefit the general public by providing an ADA accessible trail which is proposed to connect into the existing trail network within the May Creek Greenway. Staff has reviewed the request and concurs that the requested variance would not constitute a grant of special privilege as the proposed trail, boardwalk, and City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 27 of 32 SR_May Creek Trail South_FINAL bridge would allow greater access to publicly owned land with the access meeting ADA accessibility requirements. ✓ e. That the variance requested is the minimum necessary to afford relief. Staff Comment: The applicant contends that the requested variance would allow for the installation of 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. Staff has reviewed the request and concurs that an ADA accessible trail along May Creek is the minimum variance necessary to avoid relief. The proposed trail, boardwalk, and bridge have been designed to be as narrow as possible to reduce environmental impacts while still providing an ADA accessible route of travel. ✓ f. That the public interest will suffer no substantial detrimental effect. Staff Comment: The applicant contends that the public interest would not suffer any detrimental effect as a result of this project. The completed project would provide trail access to the property and sidewalk improvements. The current property use, as a greenway and for public recreation, would not change as a result of this project. Public interest would benefit from the project because the completed project would provide a trail which connects to the existing trail network within the May Creek Greenway. Staff has reviewed the request and concurs that the requested variance would not result in a substantial detrimental effect on the public interest. The requested, slight increase in trail/bridge width and hard surface boardwalk, would facilitate the construction of an ADA accessible trail connection on the south side of May Creek, expanding the public recreational access to the project site. Variance Analysis Continued: 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. Staff Comment: The applicant contends that 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 would 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 an eight-foot (8’) six-inch (6”) wide bridge width spanning approximately forty feet (40’) of May Creek. The decking would be slatted to minimize the shading impacts on the stream. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 28 of 32 SR_May Creek Trail South_FINAL 22. Modification Analysis: Lake Washington Blvd N is classified as a Collector Arterial Street with an existing right-of-way (ROW) width of approximately 60 feet. To meet the City’s complete street standards for Collector Arterial streets with two (2) lanes and a minimum ROW width of 83 feet is required. Per RMC 4-6-060 half of street improvements as taken from the ROW centerline shall be required and include a minimum 46-foot paved road (23 feet each side), one half-foot (0.5’) wide curb, an eight-foot (8’) wide planting strip, an eight-foot (8’) wide sidewalk, two-foot (2’) wide clear space at back of walk, street trees and storm drainage improvements. Based on this street standard, dedication of approximately 11.5 feet would be required pending final survey. However, an alternate street section has been designated for this section of Lake Washington Blvd N. As a result, the minimum half street improvements would consist of a 32-foot paved roadway (16 feet from centerline) consisting of one (1) 11-foot (11’) wide travel lane, a five-foot (5’) wide bike lane, a one half-foot (0.5’) wide curb, an eight-foot (8’) wide planting strip, a 12-foot (12’) wide sidewalk, street trees and storm drainage improvements. Based on this modified street standard, dedication of approximately six and one-half feet (6.5’) of ROW would be required pending final survey. The applicant is requesting a modification from these street standards (RMC 4-6-060). Due to the abutting critical areas (e.g., steep slopes and wetland) along the east side of Lake Washington Blvd N fronting the project site, the applicant is requesting to waive the frontage improvements south of the May Creek trail entrance on Lake Washington Blvd N and to install a sidewalk at the May Creek Trail connection and to the north along Lake Washington Blvd N. No undergrounding of existing utilities is proposed. The applicant is also requesting a modification to the street standards to install a four and one-half foot (4.5’) wide sidewalk, one half-foot (0.5’) wide curb, five-foot (5’) wide bike lane, and an 11-foot (11’) wide travel lane with the road centerline realignment to the west, no right-of-way (ROW) dedication is proposed. The proposal is compliant with the following modification criteria, pursuant to RMC 4-9-250D.2, if all conditions of approval are met. Therefore, staff is recommending approval of the requested modification: Compliance Modification Criteria and Analysis Staff has reviewed the request and concurs that the proposed boardwalk over the wetland and bridge over May Creek allow for reasonable use of the project site. The proposed bridge and boardwalk would provide an extension of an existing trail system along May Creek and would increase public access for recreational activities within the park. b. That the proposal is consistent with the criteria established under subsections I4b(i)(b) through (f) of this Section. Staff Comment: As previously discussed above, the proposal would be consistent with the criteria established under subsections I4b(i)(b) through (f). ✓ c. That the public rights of navigation and use of the shorelines will not be adversely affected. Staff Comment: The applicant contends, that the proposed project would not adversely affect the 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. Staff has reviewed the request and concurs that the proposed bridge over May Creek and boardwalk over the wetlands would not impede public navigation and that the proposed project would provide additional access opportunities along the shoreline to the public through the installation of the proposed trail system. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 29 of 32 SR_May Creek Trail South_FINAL ✓ 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. Staff Comment: See FOF 16, Comprehensive Plan Analysis. ✓ b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment. Staff Comment: The applicant contends that a modification is needed due to the existing slopes located within the vicinity of the ROW where the frontage improvements would be required south of the May Creek Trail entrance on Lake Washington Blvd N. For the proposed frontage improvements on the north side of the project site, the applicant is proposing to eliminate the standard planter strip and install a new sidewalk abutting the 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 would feature a 28-foot stem wall with a pedestrian guardrail (Exhibit 4). The design also includes striping for the realigned roadway centerline and the inclusion of bike lanes. Staff concurs the proposed modification would meet the objectives of function and maintainability intended by the code requirements as the proposal would include the frontage improvements where feasible and to the maximum extent feasible while still protecting the existing critical areas onsite. ✓ c. Will not create adverse impacts to other property(ies) in the vicinity. Staff Comment: The requested modification would provide a sidewalk connection where none currently exists, which would provide a benefit to other properties in the vicinity. ✓ d. Conforms to the intent and purpose of the Code; and Staff Comment: See comments under criterion ‘b’. ✓ e. Can be shown to be justified and required for the use and situation intended. Staff Comment: See comments under criterion ‘b’. 23. Availability and Impact on Public Services: Compliance Availability and Impact on Public Services Analysis ✓ Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. No impact fees are anticipated, as the proposed would not include the construction of any new buildings. ✓ Streets: The proposed development fronts Lake Washington Blvd N along the west property line. Lake Washington Blvd N is classified as a Collector Arterial Street. Existing right-of-way (ROW) width according to the King County Assessor map is 60 City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 30 of 32 SR_May Creek Trail South_FINAL feet, consisting of approximately 34-foot paved road, and on the project side, 10- foot lane, a 5-foot bike lane, 2-foot asphalt edge, and 16-feet of clear space. To meet the City’s complete street standards for Collector Arterial streets with two (2) lanes a minimum ROW width of 83 feet is required. Per RMC 4-6-060 half of street improvements as taken from the ROW centerline shall be required and include a minimum 46-foot paved road (23 feet each side), a one half-foot (0.5’) wide curb, an eight-foot (8’) wide planting strip, an eight-foot (8’) wide sidewalk, a two-foot (2’) wide clear space at back of walk, street trees and storm drainage improvements. Based on this street standard, dedication of approximately 11.5 feet would be required pending final survey. However, an alternate street section has been designated for this section of Lake Washington Blvd N. As a result, the minimum half street improvements shall consist of a 32-foot paved roadway (16 feet from centerline) consisting of an 11-foot (11’) wide travel lane, a five-foot (5’) wide bike lane, a one half-foot (0.5’) wide curb, an eight-foot (8’) wide planting strip, a 12-foot (12’) wide sidewalk, street trees and storm drainage improvements. Based on this modified street standard, dedication of approximately six and one- half feet (6.5’) of ROW would be required pending final survey. A street modification was submitted with the land use application, see previous discussion above under FOF 22. ✓ Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: A Drainage Report, prepared by WSP USA, dated September 2024 (Exhibit 9), was submitted with the project application materials. Based on the City of Renton’s flow control map, the site falls within the Duration Flow Control Standard Matching Existing Site Conditions and is within the Lower May Creek Drainage Basin. In accordance with the 2022 City of Renton Surface Water Design Manual (RSWDM), the proposed project would be subject to Targeted Drainage Review. Existing stormwater runoff from the Lake Washington Blvd N frontage is collected in a system of vegetated swales and culverts on the southeast side of Lake Washington Blvd N. The flow from this system of swales and culverts discharges into Wetland A, where it merges with runoff from the trail portion of the project area and then ultimately outfalls into May Creek. Stormwater runoff from the proposed May Creek South Trail project area travels as sheet flow generally from the sloped area along the southerly portion of the parcel. The runoff travels to either the flatter part of the site or to a wetland, where it eventually discharges into May Creek. The proposed Lake Washington Blvd N improvements fronting the project site would include approximately 150 linear feet (150’) of five-foot (5’) wide sidewalk, curb, and gutter (new PGIS) adjacent to the northbound lanes from the new May Creek South Trailhead to connect to the existing sidewalk, curb, and gutter on the Lake Washington Blvd N bridge over May Creek. In addition, there would be approximately 100 feet (100’) of two-inch (2”) grind and overlay adjacent to the new sidewalk, curb, and gutter until the improvements meet the bridge. There is a proposed catch basin at the downstream end of the new curb and gutter to capture the flow from the added impervious areas of the frontage road improvements that would discharge via a 12-inch (12”) storm drain into Wetland A and eventually flowing into May Creek. The existing system of vegetated swales and culverts on City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 31 of 32 SR_May Creek Trail South_FINAL the southeast side of Lake Washington Blvd N, upstream of the improvements, would not be impacted and the stormwater runoff to this system would not change except for the replacement of an existing 12-inch (12”) culvert. The drainage report also contends that the proposed target surfaces being added or replaced for the proposed trail and bridge construction would not require flow control, nor treatment for water quality. Flow control would not be required as the proposed increase in 100-year peak flow for the project would be less than 0.15 cubic feet per second (cfs) when comparing existing vs. proposed site conditions. In addition, the proposed new plus replaced pollution-generating impervious surface (PGIS) will be less than 5,000 square feet and less than three-quarter (3/4) acre of new pollution-generating pervious surface (PGPS) will be added. The following minimization measures and best management practices (BMPs) would be implemented during construction to minimize project impacts: 1. Corrective actions would be taken in the event of any discharge of oil, fuel, or chemicals into the water, including the following: a. Containment and cleanup efforts would begin immediately upon discovery of the spill and be completed in an expeditious manner in accordance with all local, state, and federal regulations. Spill response would take precedence over normal work. Cleanup would include proper disposal of any spilled material and used cleanup material. b. The cause of the spill would be ascertained, and appropriate actions taken to prevent further incidents or environmental damage. c. Spills would be reported to the Washington State Department of Ecology’s (Ecology) Northwest Regional Spill Response Office at 425-649-7000. 2. Excess or waste materials would not be disposed of or abandoned waterward of the OHWM or allowed to enter waters of the state. Waste materials would be disposed of in an appropriate manner consistent with applicable local, state, and federal regulations. No SDC fees will be collected on City-owned properties per RMC 4-1-180B.2.b. ✓ Water: There is no anticipated water utility impact from the proposed development. ✓ Sanitary Sewer: There is no anticipated sewer utility impact from the proposed development. I. CONCLUSIONS: 1. The subject site is located in the Residential Medium Density (RMD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 5 and FOF 16. 2. The subject site is located in the Residential-6 (R-6) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval, see FOF 6 and FOF 17. 3. The proposed May Creek Trail South project complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 18. City of Renton Department of Community & Economic Development May Creek South Trail Staff Report to the Hearing Examiner LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Report of July 22, 2025 Page 32 of 32 SR_May Creek Trail South_FINAL 4. The proposed May Creek Trail South project complies with the Shoreline Master Program Regulations as established by City Code and the Shoreline Management Act provided the applicant complies with City Code and conditions of approval, see FOF 19. 5. The proposed May Creek Trail South project complies with the Shoreline Conditional Use Criteria as established by City Code provided all advisory notes and conditions are complied with, see FOF 20. 6. The proposed May Creek Trail South project complies with the Shoreline Variance Criteria as established by City Code provided all advisory notes and conditions are complied with, see FOF 21. 7. The proposed May Creek Trail South project complies with the Modification Criteria as established by City Code provided all advisory notes and conditions are complied with, see FOF 22. 8. The proposed May Creek Trail South project complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein, see FOF 23. 9. There are adequate public services and facilities to accommodate the proposed May Creek Trail South project, see FOF 23. 10. Key features, which are integral to this project include connections to the existing trail system, multiple boardwalk sections, a bridge crossing over May Creek, ADA accessibility, and viewpoints with seating. J. RECOMMENDATION: Staff recommends approval of the May Creek South Trail Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, Shoreline Variance, and Street Standards Modification, File No. LUA25- 000091, SSDP, CUP-H, V-H, ECF, MOD, as depicted in the 60% Design Plan Set (Exhibit 2), subject to the following conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non- Significance Mitigated, dated June 23, 2025: a. Construction on the project site shall comply with the recommendations of the submitted Geotechnical Report, prepared by PanGEO, Inc., dated March 3, 2023, and any future addenda. b. When feasible, any wood from onsite tree removal shall be reused onsite. c. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes’ cultural committees, and the Washington State Department of Archaeology and Historic Preservation. CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER EXHIBITS Project Name: May Creek South Trail Land Use File Number: LUA25-000091, SSDP, CUP-H, V-H, ECF, MOD Date of Hearing July 22, 2025 Staff Contact Jill Ding Senior Planner Project Contact/Applicant Jason Lederer City of Renton 1055 S Grady Way, Renton, WA 98057 Project Location 4260 Lake Washington Blvd N, Renton, WA 98056 The following exhibits are included with the Staff Report to the Hearing Examiner: Exhibits 1-20: As shown in the Environmental Review Committee (ERC) Report Exhibit 21: Staff Report to the Hearing Examiner Exhibit 22: Determination of Non-Significance Mitigated (DNS-M), dated June 23, 2025 Exhibit 23: Off-Site Parking Exhibit