HomeMy WebLinkAboutDOE5_D_Admin Report_May_Creek_Trestle_Project_181203.pdfDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
Admin Report_May_Creek_Trestle_Project_181203
A. ADMINISTRATIVE REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: December 3, 2018
Project File Number: PR18-000304
Project Name: May Creek Trestle Project
Land Use File Number: LUA18-000421, ECF, SMC
Project Manager: Clark H. Close, Senior Planner
Owner: Chris Erickson, King County Department of Natural Resources and Parks, Parks and
Recreation Division, 201 S Jackson St #700, Seattle, WA 98104
Applicant: See Owner above
Contact: Stephanie Modjeski, Otak, Inc., 2731 Westmore Ave, Ste. #300, Everett, WA 98201
Project Location: West of Lake Washington Blvd N near N 41st St (APN 3224059005)
Project Summary: The applicant, King County DNRP Parks and Recreation Division, is requesting
Environmental (SEPA) Review and a Shoreline Administrative Conditional Use Permit
to complete an expansion of existing over-water trails at May Creek. The May Creek
Trestle Rehabilitation Project includes the repair and retrofit of the existing May
Creek trestle for use as a King County trail bridge. The May Creek trestle is located
above May Creek, approximately 300 feet north of N 41st St, just west of Lake
Washington Blvd N. The project is located in the Residential-10 (R-10) zone. The
bridge was historically used as a railroad bridge and currently still supports railroad
tracks. The bridge is planned to become a part of the multi-use Eastside Rail Corridor
in Renton. The May Creek trestle is approximately 60 feet long and 13 feet wide and
is composed of timber pilings/columns, steel pile caps, timber stringers, timber
railroad ties and steel railroad tracks. The site can be accessed by the trail connecting
the trestle via N 41st St and N 43rd St.
Site Area: 3,483 square feet
STAFF
RECOMMENDATION:
Staff Recommends that the Environmental Review Committee issue a
Determination of Non-Significance - Mitigated (DNS-M).
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 2 of 12
Admin Report_May_Creek_Trestle_Project_181203
B. EXHIBITS:
Exhibits 1-20: As shown in the Environmental Review Committee (ERC) Report
Exhibit 21: Administrative Report & Decision (dated December 3, 2018)
Exhibit 22: King County’s Second Response to Muckleshoot Concerns (dated October 22, 2018)
Exhibit 23: Environmental “SEPA” Determination and ERC Mitigation Measures
C. GENERAL INFORMATION:
1. Owner(s) of Record: Chris Erickson, King County Department of Natural
Resources and Parks, Parks and Recreation Division,
201 S Jackson St #700, Seattle, WA 98104
2. Zoning Classification: Residential-10 (R-10)
3. Comprehensive Plan Land Use Designation: Residential High Density (RHD)
4. Existing Site Use: Railroad Right-of-Way
5. Critical Areas: May Creek (Type S Stream), Floodway (FEMA Zone –
AE), High Seismic Hazard Area, Regulated Shoreline –
Urban Conservancy and May Creek Reaches (MC-A),
and 100-Year Special Flood Hazard Area.
6. Neighborhood Characteristics:
a. North: Multi-family Townhouse (Barbee Mill). Residential High Density (RHD) land use
designation and Residential-10 (R-10) zoning.
b. East:
City Park (May Creek Trail) and storage warehouse (Former Pan Abode Site). Residential
Medium Density (RMD) and Commercial-Office-Residential (COR) land use designation
and Residential-6 (R-6) and Commercial Office Residential Zone (COR) zoning.
c. South: City Park (May Creek Trail). RMD land use designation and R-6 zoning.
d. West: Multi-family Townhouse (Barbee Mill). RHD land use designation and R-10 zoning.
7. Site Area: 0.08 acres
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Comprehensive Plan N/A 5758 06/22/2015
Zoning N/A 5758 06/22/2015
Annexation (Friends of
Youth)
A-59-006 1791 09/09/1959
Temporary Use – Tier 2 LUA16-000848 N/A 02/24/2017
Shoreline Exemption LUA18-000214 N/A 04/13/2018
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 3 of 12
Admin Report_May_Creek_Trestle_Project_181203
E. PUBLIC SERVICES:
1. Existing Utilities
a. Water: Water service will be provided by the City of Renton.
b. Sewer: Sewer service is provided by the City of Renton.
c. Surface/Storm Water: The existing property contains an 84-inch gravity King County wastewater
main.
2. Streets: The May Creek Trestle Rehabilitation Project is parallel to Lake Washington Blvd N.
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
b. Section 4-2-060: Zoning Use Table – Uses Allowed in 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 9 – Specific
a. Section 4-9-030: Conditional Use Permits
5. Chapter 11 Definitions
G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
2. Trails Element
3. Parks, Recreation, Natural Areas, and Trails Element
4. Shoreline Management Element
H. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on June 21,
2018 and determined the application complete on June 25, 2018. The project was placed on hold on July
17, 2018 (Exhibit 12) and was taken off hold on October 2, 2018 (Exhibit 14). The project complies with
the 120-day review period.
2. The May Creek Trestle project site is located west of Lake Washington Blvd N, between N 41st St and N
43rd St (APN 3224059005).
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 4 of 12
Admin Report_May_Creek_Trestle_Project_181203
3. The project site is currently developed as the May Creek Trestle Bridge composed of timber
piles/columns, steel pile caps, timber stringers, timber railroad ties and steel railroad tracks.
4. Access to the site would be provided from multiple locations from Lake Washington Blvd N. The two (2)
closest street intersections to the project site are N 41st St and Lake Washington Blvd N and N 43rd St
and Lake Washington Blvd N (Exhibit 2).
5. The property is located within the Residential High Density (RHD) Comprehensive Plan land use
designation.
6. The site is located within the Residential-10 (R-10) zoning classification.
7. The site is mapped with a Class 1 stream (May Creek), Floodway (FEMA Zone – AE; Exhibit 19), High
Seismic Hazard Area, Regulated Shoreline – Urban Conservancy and May Creek Reach A (MC-A), and 100-
Year Special Flood Hazard Area (Exhibit 3).
8. On April 13, 2018, the City issued a Shoreline Exemption to repair and retrofit two (2) recreational
pedestrian trestle bridges that are planned to become part of the multi-use Eastside Rail Corridor
Regional Trail in the Kennydale area (Exhibit 9).
9. No trees or woody shrubs would be removed as a result of the Shoreline Exemption Permit. All adjacent
trees and woody shrubs would be protected with high visibility fencing during project construction.
10. Staff received two (2) review comment emails from the Muckleshoot Indian Tribe Fishery Division
(Exhibits 10 and 15). Staff responded to the Muckleshoot Indian Tribe Fishery Division on July 17, 2018
(Exhibit 11) and on October 16, 2018 (Exhibit 16), respectively. King County responded to these initial
comments on October 1, 2018 (Exhibit 13) and to the second set of comments on October 22, 2018
(Exhibit 22).
11. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on
October 22, 2018 the Environmental Review Committee issued a Determination of Non-Significance -
Mitigated (DNS-M) for the May Creek Trestle Project (Exhibit 23). The DNS-M included one mitigation
measure. A 14-day appeal period commenced on October 26, 2018 and ended on November 9, 2018. No
appeals of the threshold determination have been filed as of the date of this report.
12. 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:
a. The applicant shall provide the City of Renton with a temporary alternate/detour route and a traffic
control plan for users of the multi-use Eastside Rail Corridor during construction of the May Creek
Trestle Project. The temporary alternate/detour route and traffic control plan would be reviewed
and approved by the Plan Review Project Manager and shall include public notice and onsite signage
for a minimum of two (2) weeks prior to construction permit issuance.
13. 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.
14. Comprehensive Plan Compliance: The site is designated Residential High Density (RHD) on the City’s
Comprehensive Plan Map. The purpose of the RHD designation is to allow a variety of housing unit types.
Land designated RHD is where projects will be compatible with existing uses and where infrastructure is
adequate to handle impacts from higher density uses. The proposal is compliant with the following
Comprehensive Plan Goals and Policies if all conditions of approval are met:
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 5 of 12
Admin Report_May_Creek_Trestle_Project_181203
Compliance Comprehensive Plan Analysis
Policy L-A: Comply with the Countywide Planning Policies established by the Puget
Sound Regional Council and the Countywide Planning Policies adopted by King County.
Goal L-D: Meet regional and local obligations to provide essential public facilities
through collaboration with other jurisdictions when possible.
Policy L-2: Support compact urban development to improve health outcomes, support
transit use, maximize land use efficiency, and maximize public investment in
infrastructure and services.
Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past
practice where feasible, through leadership, policy, regulation, and regional
coordination.
Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s
sensitive areas including: lakes, rivers, major and minor creeks, intermittent stream
courses and their floodplains, wetlands, ground water resources, wildlife habitats, and
areas of seismic and geological hazards.
Goal L-V: Protect the natural functions of 100 year floodplains and floodways to
prevent threats to life, property, and public safety associated with flooding hazards.
Goal L-Y: Protect clean air and the climate for present and future generations through
reduction of greenhouse gas emissions at the individual, household, and community
levels, and promote efficient and effective solutions for transportation and
development.
Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by
requiring appropriate construction techniques and resource practices, such as low
impact development.
Policy L-29: Protect the integrity of natural drainage systems, existing land forms, and
maintain wildlife habitat values by preserving and enhancing existing vegetation and
tree canopy coverage to the maximum extent possible and by restoring hydrological
flows and improving the condition of shorelines.
Policy L-37: Land uses in areas subject to flooding, seismic, geologic, and coal mine
hazards should be designed to prevent property damage and environmental
degradation before, during, and after construction.
Goal T-A: Continue to develop a transportation system that stimulates, supports, and
enhances the safe, efficient and reliable movement of people, vehicles, and goods.
Goal T-B: Balance transportation needs with other community values and needs by
providing facilities that promote vibrant commerce, clean air and water, and health
and recreation.
Policy T-17: Work with the State and neighboring jurisdictions to provide capacity on
regional transportation systems and to reduce regional traffic on local streets.
Policy T-27: Promote non-motorized travel not only as a viable means of transportation
but as an important method for maintaining overall health and fitness.
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 6 of 12
Admin Report_May_Creek_Trestle_Project_181203
P-B: Support a city where residents and visitors can recreate and exercise, contributing
to a healthy lifestyle and where using an integrated trails/road network becomes a
realistic transportation alternative.
Policy P-1: Expand parks and recreational opportunities in new and existing locations
with an identified need, in order to fill gaps in service and keep pace with future
growth.
Policy P-2: Create a connected system of parks corridors, trails, and natural areas that
provide nearby and accessible opportunities for recreation and non-motorized
transportation.
Policy SH-18: All economic activities on the shoreline shall provide for no net loss of
ecological functions during construction and operation
Objective SH-F: Increase public accessibility to shorelines and preserve and improve
the natural amenities.
Policy SH-24: Public access to and along the water's edge should be located, designed,
and maintained in a manner that protects the natural environment and shoreline
ecological functions and is consistent with public safety, as well as, compatible with
water-dependent uses. Preservation or improvement of the natural processes shall be
a basic consideration in the design of shoreline areas to which public access is provided,
including trail systems.
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-41: Pedestrian and bicycle pathways, including provisions for maintenance,
operation, and security, should be developed.
1) Access points to and along the shoreline should be linked by pedestrian and bicycle
pathways.
2) Separate pedestrian and bicycle pathways should be included in new or expanded
bridges or scenic boulevards within the shorelines.
Policy SH-42: Rail lines within the shoreline should provide opportunities for public
access and circulation:
1) The rail line along the east shore of Lake Washington should be reserved for use as
a public trail if rail use ceases. If rail use continues, joint trail and rail use should be
explored.
Policy SH-43: Trails should be developed to enhance public enjoyment of and access to
the shoreline:
1) Trails within the shoreline should be developed as an element of non-motorized
circulation, the City’s Parks, Recreation and Natural Areas Plan, Trails and Bicycle
Master Plan, and the Shoreline Public Access program. Trails provide the potential for
low impact public physical and visual access to the shoreline.
2) Trails should be developed as an element of a system that links together shoreline
public access into an interconnected network including active and passive parks,
schools, public and private open space, native vegetation easements with public
access, utility rights-of-way, waterways, and other opportunities.
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 7 of 12
Admin Report_May_Creek_Trestle_Project_181203
3) Public access to and along the water's edge should be linked with upland community
facilities and the comprehensive trail system that provides non-motorized access
throughout the City.
4) A system of trails on separate rights-of-way and public streets should be designed
and implemented to provide linkages along shorelines including the Lake Washington
Loop, the Cedar River, the Black River, Springbrook Creek, and the Green River.
15. 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
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: The applicant requested and Shoreline Exemption to complete repair
work on the existing May Creek trestle for use as a King County trail bridge in Renton
(LUA18-000214, SME; Exhibit 9). The City issued a Certificate of Exemption from
Shoreline Substantial Development on the project in accordance with RMC 4-9-190.C
and for normal maintenance and repair of existing structures or developments. Normal
maintenance includes those usual acts to prevent a decline, lapse, or cessation from a
lawfully established condition. Normal repair means to restore a development to a
state comparable to its original condition, including but not limited to its size, shape,
configuration, location and external appearance, within a reasonable period after
decay or partial destruction, except where repair causes substantial adverse effects to
the shoreline resource or environment.
The bridge was historically used as a railroad bridge and currently still supports railroad
tracks. The bridge is planned to become a part of the multi-use Eastside Rail Corridor in
Renton. The Eastside Rail Corridor is a 42-mile rail corridor that stretches from Renton
to Snohomish, the Eastside Rail Corridor passes through Renton, Bellevue, Kirkland,
Woodinville, Redmond, and portions of unincorporated King and Snohomish counties
(Exhibit 7). The expansion of the existing over-water trails use is what is being
considered as part of the administrative shoreline conditional use permit, as required
by RMC 4-3-090.D.7.a, Shoreline Master Program Regulations.
Portions of the May Creek trail are located within a high seismic hazard area and there
is a moderate slope from the bridge approaches to the stream banks below on the north
and south sides of the trestle. The steepest slope at the project site occurs at the north
end of the May Creek trestle. The slope is approximately fifteen percent (15%) from the
slope adjacent to the bridge deck surface to the stream bank below. Repairs are
recommended in order to utilize the bridge for the ERC Trail and to accommodate for
the desired lifespan of the structure. No trees or woody shrubs would be removed for
this project and adjacent vegetated areas would be protected with high visibility
fencing during construction. The two, approximately 200 square foot areas on the north
east and south east ends of the bridge would be cleared for an access road/wheel wash
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 8 of 12
Admin Report_May_Creek_Trestle_Project_181203
area. These areas would be re-seeded with native vegetation after repairs are
completed.
Flood Hazard Areas:
Staff Comment: The project is 840 feet from the shoreline of Lake Washington in May
Creek Reach A and would not impact flood zones (Exhibit 3).
The trestle is located above the special flood hazard area for the 100-year flood event
as well as the floodway for May Creek. According to the applicant, the project would
not result in any changes to the floodplain. The proposed work is associated with
installing steel banding on the existing bridge pilings using hand tools, in order to
improve structural integrity of the trestle over May Creek. The repairs include
retrofitting up to four (4) pilings with steel banding, removing the existing walkway,
tracks, ties, and fencing, and replacing the existing walkway with new timber decking
and railings. Construction equipment would also be located above the stream channel.
No fill material would be placed in any surface water, no dredge material would be
removed from any surface water and no surface water would be withdrawn or diverted
as a component of the proposed project. According to the geotechnical memorandum
and the Ecosystem Resources Inventory, the repair work would make the site more
stable than the exiting conditions and King County adopted a basin action plan in 2001
to reduce flooding, stabilize stream banks, reduce erosion, protect and enhance fish
and wildlife habitat, and improve water quality. In May Creek, King County found that
there is the potential to apply prescribed enhancement and restoration identified in the
2001 May Creek Basin Action Plan including stabilizing slopes prone to erosion,
placement of large woody debris (LWD), and enhancing riparian vegetation by planting
conifers in the project vicinity. There may also be opportunities to create floodplain
wetlands and increase connectivity to wetlands in the vicinity.
16. Conditional Use Analysis: The applicant, King County DNRP Parks Division, is requesting a Shoreline
Administrative Conditional Use Permit to complete an expansion of existing over-water trails at May
Creek within the Shoreline Urban Conservancy Environment 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
conditional use criteria, pursuant to RMC 4-9-190.I.4. Therefore, staff recommends approval of the
requested Shoreline Conditional Use Permit.
Compliance Conditional Use Criteria and Analysis
a. The use must be compatible with other permitted uses within that area.
Staff Comment: The applicant contends that the project intends to repair and retrofit
an existing trestle bridge, which has deteriorated and is need of maintenance repairs to
allow for continued use of the bridge (Exhibit 18). The repair and deck replacement
would provide new decking for a multi-use regional trail, known as the Eastside Rail
Corridor Regional Trail, and would allow for long-term pedestrian use of the Eastside
Rail Corridor Trail System. According to the applicant, the project is not anticipated to
increase new traffic trips for AM and PM peak times and there would be no change in
existing roadways or access to the identified trail system. Temporary changes in traffic
may occur along Lake Washington Blvd N during project construction.
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 9 of 12
Admin Report_May_Creek_Trestle_Project_181203
Staff concurs with the applicant’s statement and believes that the repair work to the
bridge would be compatible with other permitted uses within the area. As an example,
the Renton Hearing Examiner issued a Shoreline Substantial Development Permit in
2012 to construct a 0.27 mile long trail along May Creek, now known as the May Creek
Trail. This project is located just on the other side of Lake Washington Blvd N.
b. The use will not interfere with the public use of public shorelines.
Staff Comment: The applicant states that the project would occur above the ordinary
high water mark (OHWM) to repair portions of the trestle that span the stream and
would not interfere with the pubic use of public shorelines. Up to four (4) pilings are
proposed to be repaired, using only hand tools and personnel. A small crane/excavator
would be positioned in the Eastside Rail Corridor right-of-way to allow for materials to
be transported to and from the bridge deck. Work would occur above the stream to
remove timber ties and tracks and to install new decking and railing. The applicant is
proposing a six-foot (6’) tall chain-link fence on both sides of the new walkway as a
safety measure (Exhibit 4).
Staff concurs that the bridge repair work would not interfere with the public use of
public shorelines. Upon competition of the project, the new bridge decking would
improve the public use of the railbed along this portion of the Eastside Rail Corridor,
providing improved visual access to May Creek.
c. Design of the site will be compatible with the surroundings and the Shoreline
Master Program.
Staff Comment: The applicant contends that the site is compatible with the
surroundings, adjacent properties and is compatible with the King County Parks Master
Plan in developing a new regional public trail in this portion of the Eastside Rail Corridor
for non-motorized transportation and recreational uses.
Staff concurs with the applicant’s statement that the design and retrofit of the May
Creek Trestle would be compatible with the surroundings. The proposed expansion of
existing over-water trails use at May Creek is also compatible with the general polices
and specific regulations regarding the City’s Shoreline Master Program. FOF 14,
Comprehensive Plan Compliance for more information.
d. The use shall be in harmony with the general purpose and intent of the Shoreline
Master Program.
Staff Comment: The applicant contends that the proposed expansion of existing over-
water trails use, using the On-Railbed Alternative (the trail located along the existing
railbed), would require the least amount of clearing and grading and the fewest amount
of impacts to the natural environment.
Staff concurs with the applicant that the May Creek Trestle Project, would use the
existing May Creek trestle railbed as part of the regional trail system, which would be
in harmony with the general purpose and intent of the Shoreline Master Program (SMP),
as demonstrated by the Shoreline Management Element objectives and policies as listed
under FOF 14, Comprehensive Plan Compliance.
e. The use meets the conditional use criteria in WAC 173-27-160.
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 10 of 12
Admin Report_May_Creek_Trestle_Project_181203
Staff Comment: The applicant contends that decking the bridge would have a minimal
effect on stream habitat, have only a minor change to existing conditions, and would
increase recreational opportunities for the public in the shoreline.
Conditional use criteria (WAC 173-27-160):
(1) Uses which are classified or set forth in the applicable master program as
conditional uses may be authorized provided that the applicant demonstrates all of the
following:
(a) That the proposed use is consistent with the policies of RCW 90.58.020 and the
master program;
The overwater trail use would recognize and protect the statewide interest over
local interest; preserve the natural character of the shoreline; result in long term
over short term benefit (based on the scope of the project); protect the resources
and ecology of the shoreline; increase public access to publicly owned areas of the
shorelines; increase recreational opportunities for the public in the shoreline; and
provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
(b) That the proposed use will not interfere with the normal public use of public
shorelines;
Following completion of the trestle work and by employing temporary erosion and
sediment control (TESC) plan with measures for appropriate construction best
management practices (BMPs), the proposed trail use would not interfere with the
normal public use of public shorelines (Exhibit 17).
(c) That the proposed use of the site and 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;
Over the past several years, King County prepared a Master Plan and
Environmental Impact Statement, for the approximately 16.7 miles of rail-banked
area, with intensions on developing the multi-use Eastside Rail Corridor Regional
Trail. The project is compatible with other uses within the area and with uses
planned for the area under the comprehensive plan and shoreline master program.
(d) That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
See Environmental Review Report and Exhibits 1-20.
(e) That the public interest suffers no substantial detrimental effect.
The public interest would not suffer a substantial detrimental effect with the
expansion of existing over-water trail shoreline use or as a result of the trestle
repair and retrofit work.
(2) In the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
conditional use permits were granted for other developments in the area where similar
circumstances exist, the total of the conditional uses shall also remain consistent with
the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the
shoreline environment.
DocuSign Envelope ID: 9B1CEE34-FD57-4437-818D-A2427555F488
City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 11 of 12
Admin Report_May_Creek_Trestle_Project_181203
The granting of the shoreline conditional use permit would not produce cumulative
impacts that would result in substantial adverse effects to the shoreline environment.
(3) Other uses which are not classified or set forth in the applicable master program
may be authorized as conditional uses provided the applicant can demonstrate
consistency with the requirements of this section and the requirements for conditional
uses contained in the master program.
According to the shoreline use table, no new over-water trails are allowed unless it is
part of the expansion of an existing over-water trail or over-water trail system.
(4) Uses which are specifically prohibited by the master program may not be authorized
pursuant to either subsection (1) or (2) of this section.
An expansion of an existing over-water trail shoreline use is not prohibited by the
shoreline master program.
17. 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.
I. CONCLUSIONS:
1. The subject site is located in the Residential High Density (RHD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see FOF 14.
2. The proposed expansion of existing over-water trails recreation use complies with the Critical Areas
Regulations provided the applicant complies with City Code and conditions of approval, see FOF 15.
3. The proposed expansion of existing over-water trails recreation use complies with the shoreline
conditional use permit criteria as established by City Code and state law provided all conditions are
complied with, see FOF 16.
4. There are adequate public services and facilities to accommodate the proposed expansion of existing
over-water trails recreation use, see FOF 17.
5. The proposed project would expand over-water trail recreation use within King County along the Eastside
Rail Corridor Regional Trail with opportunities for non-motorized recreation and transportation.
6. The repair and retrofit work on the existing May Creek trestle for use as a King County trail bridge is
considered normal maintenance and repair of existing structures or developments under LUA18-000214,
SME.
J. DECISION:
The May Creek Trestle Project Environmental (SEPA) Review and a Shoreline Administrative Conditional Use
Permit, File No. LUA18-000421, ECF, SMC, as depicted in Exhibit 4, is approved and is subject to the following
conditions:
1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non-
Significance – Mitigated issued on October 26, 2018.
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City of Renton Department of Community & Economic Development
May Creek Trestle Project
Administrative Report & Decision
LUA18-000421, ECF, SMC
Report of December 3, 2018 Page 12 of 12
Admin Report_May_Creek_Trestle_Project_181203
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
_____________
Jennifer Henning, Planning Director Date
TRANSMITTED on December 3, 2018 to the Owner/Applicant/Contact:
Owner/Applicant: Contact:
Chris Erickson, King County Department of
Natural Resources and Parks, Parks and
Recreation Division, 201 S Jackson St #700,
Seattle, WA 98104
Stephanie Modjeski, Otak, Inc.,
2731 Westmore Ave, Ste. #300,
Everett, WA 98201
TRANSMITTED on December 3, 2018 to the Parties of Record:
Karen Walter
Muckleshoot Indian Tribe Fisheries Division
Habitat Program
Phillip Starr Building
39015-A 172nd Ave SE
Auburn, WA 98092
TRANSMITTED on December 3, 2018 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Manager
Amanda Askren, Property Services
Vanessa Dolbee, Current Planning Manager
Rick Marshall, Fire Marshal
K. LAND USE ACTION APPEALS & EXPIRATION:
The Department of Community and Economic Development shall have the final authority to interpret the
Shoreline Master Program for the City of Renton. Where an application is denied or changed, per RMC 4-9-
190.E.6, an applicant may appeal the decision denying or changing a “substantial development permit” to the
Shoreline Hearings Board for an open record appeal in accordance with RMC 4-8-110.
STANDARD PERIOD OF VALIDITY: Unless a different time period is specified in the shoreline permit as
authorized by RCW 90.58.143 and subsection J2 or J3 of RMC 4-9-190, construction activities, or a use or
activity, for which a permit has been granted pursuant to the Shoreline Master Program must be commenced
within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a
new permit shall be necessary. However, the Planning Division may authorize a single extension for a period
not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning
Division before the expiration date, and notice of the proposed extension is given to parties of record and the
Department of Ecology.
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CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE REPORT & DECISION
EXHIBITS
Project Name:
May Creek Trestle Project
Land Use File Number:
LUA18-000421, ECF, SMC
Date of Report
December 3, 2018
Staff Contact
Clark H. Close
Senior Planner
Project Contact/Applicant
Stephanie Modjeski, Otak, Inc.
2731 Westmore Ave, Ste. #300,
Everett, WA 98201
Project Location
West of Lake Washington
Blvd N near N 41st St
(APN 3224059005)
The following exhibits are included with the Administrative Report & Decision:
Exhibits 1-20: Environmental Review Committee (ERC) Report and Administrative Decision
Exhibit 21: Administrative Report & Decision (dated December 3, 2018)
Exhibit 22: King County’s Second Response to Muckleshoot Concerns (dated October 22, 2018)
Exhibit 23: Environmental “SEPA” Determination and ERC Mitigation Measures
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RECEIVED
Clark Close 10/23/2018
PLANNING DIVISION
EXHIBIT 22
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DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
SIGNATURES:
Gregg Zimmerman, Administrator Date Rick M. Marshall, Administrator Date
Public Works Department Renton Regional Fire Authority
Kelly Beymer, Administrator Date C.E. Vincent, Administrator Date
Community Services Department Department Of Community & Economic Development
ENVIRONMENTAL (SEPA) DETERMINATION OF
NON-SIGNIFICANCE - MITIGATED (DNS-M)
PROJECT NUMBER: LUA18-000421
APPLICANT: Stephanie Modjeski, Otak, Inc. / Stephanie.Modjeski@otak.com / 2731
Westmore Ave, Ste. #300, Everett, WA 98201
PROJECT NAME: May Creek Trestle Project
PROJECT DESCRIPTION: The applicant, King County DNRP Parks and Recreation Division, is requesting
Environmental (SEPA) Review and a Shoreline Administrative Conditional Use Permit to complete an expansion of existing
over-water trails at May Creek. The May Creek Trestle Rehabilitation Project includes the repair and retrofit of the existing
May Creek trestle for use as a King County trail bridge. The May Creek trestle is located above May C reek, approximately
300 feet north of N 41st St, just west of Lake Washington Blvd N. The project is located in the Residential -10 (R-10) zone.
The bridge was historically used as a railroad bridge and currently still supports railroad tracks. The bridge is planned to
become a part of the multi-use Eastside Rail Corridor in Renton. The May Creek trestle is approximately 60 feet long and
13 feet wide and is composed of timber pilings/columns, steel pile caps, timber stringers, timber railroad ties and steel
railroad tracks. The site can be accessed by the trail connecting the trestle via N 41st St and N 43rd St.
PROJECT LOCATION: West of Lake Washington Blvd N near N 41st St (APN 3224059005)
LEAD AGENCY: City of Renton
Environmental Review Committee
Department of Community & Economic Development
The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse
impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c).
Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of
Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified
during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not
act on this proposal for fourteen (14) days.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 9, 2018.
Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady
Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained
from the Renton City Clerk’s Office, (425) 430-6510.
PUBLICATION DATE: October 26, 2018
DATE OF DECISION: October 22, 2018
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10/24/2018 | 10:32 AM PDT10/24/2018 | 2:10 PM PDT
10/25/2018 | 2:05 PM PDT
EXHIBIT 23
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DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
Planning Division
1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200, ext. 2
www.rentonwa.gov
DETERMINATION OF NON-SIGNIFICANCE – MITIGATED (DNS-M)
MITIGATION MEASURES AND ADVISORY NOTES
PROJECT NUMBER: LUA18-000421
APPLICANT: Stephanie Modjeski, Otak, Inc. / Stephanie.Modjeski@otak.com / 2731
Westmore Ave, Ste. #300, Everett, WA 98201
PROJECT NAME: May Creek Trestle Project
PROJECT DESCRIPTION: The applicant, King County DNRP Parks and Recreation Division, is
requesting Environmental (SEPA) Review and a Shoreline Administrative Conditional Use Permit to complete an
expansion of existing over-water trails at May Creek. The May Creek Trestle Rehabilitation Project includes the
repair and retrofit of the existing May Creek trestle for use as a King County trail bridge. The May Creek trestle is
located above May Creek, approximately 300 feet north of N 41st St, just west of Lake Washington Blvd N. The
project is located in the Residential-10 (R-10) zone. The bridge was historically used as a railroad bridge and
currently still supports railroad tracks. The bridge is planned to become a part of the multi-use Eastside Rail
Corridor in Renton. The May Creek trestle is approximately 60 feet long and 13 feet wide and is composed of
timber pilings/columns, steel pile caps, timber stringers, timber railroad ties and steel railroad tracks. The site can
be accessed by the trail connecting the trestle via N 41st St and N 43rd St.
PROJECT LOCATION: West of Lake Washington Blvd N near N 41st St (APN 3224059005)
LEAD AGENCY: The City of Renton
Department of Community & Economic Development
Planning Division
MITIGATION MEASURES:
1. The applicant shall provide the City of Renton with a temporary alternate/detour route and a traffic
control plan for users of the multi-use Eastside Rail Corridor during construction of the May Creek
Trestle Project. The temporary alternate/detour route and traffic control plan would be reviewed and
approved by the Plan Review Project Manager and shall include public notice and onsite signage for a
minimum of two (2) weeks prior to construction permit issuance.
ADIVISORY NOTES:
The following notes are supplemental information provided in conjunction with the administrative land use
action. Because these notes are provided as information only, they are not subject to the appeal process for the
land use actions.
This project does not have any advisory notes.
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