HomeMy WebLinkAboutD_Special Grade and Fill and Site Plan_202212071
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SITE PLAN AND SPECIAL CLEAR AND GRADE PERMIT
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Daniel Lee Property
Site Plan and Special Grade and Fill Permits
LUA22-000262
FINAL DECISION
Summary
The Applicant is requesting a Special Grade and Fill Permit to allow unpermitted grading and land
clearing to remain at 720 S 55th St. The application is approved, subject to conditions. For the reasons
identified in Conclusion of Law No. 6 below, the tree replacement standards recommended by staff
are reduced from 15 trees to 7. The gravel condition recommended by staff, recommended Condition
No. 2, has been clarified to provide that only gravel deposited for the project outside the easement
area has to be removed. Recommended Condition No. 2 has also been revised to authorize
documentation other than a formal easement for the developed access to the property.
Testimony
A computer-generated transcript of the hearing has been prepared to provide an overview of the
hearing testimony. The transcript is provided for informational purposes only as Appendix A.
Exhibits
Exhibits 1-13at page 2 of the November 15, 2022 Staff Report were admitted into the record during
the hearing. In addition, the following exhibits were also admitted.
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Exhibit 14 Staff power point
Exhibit 15 COR Maps on City’s website
Exhibit 16 Google maps of project site
Exhibit 17 November 16, 2022 email from Examiner to Parties
Exhibit 18 November 17, 2022 email from Applicant
Exhibit 19 November 18, 2022 email from City
FINDINGS OF FACT
Procedural:
1. Applicant. Daniel Lee, 720 S 55th St, Renton WA 98055
2. Hearing. A virtual hearing was held on the subject applications on November 15, 2022 at 11:00
am, Zoom Meeting ID No. 946 7233 4580. The Examiner re-opened the hearing by email dated
November 16, 2022 to ask two questions of the only parties how attended the hearing. The City was
given until November 18, 2022 to respond and the Applicant until November 22, 2022 to reply. The
Applicant replied out of turn on November 17, 2022. The City responded on November 18, 2022.
Substantive:
3. Project Description. The Applicant is requesting a Special Grade and Fill Permit to allow
unpermitted grading and land clearing undertaken in 2021 and 2022 to remain at 720 S 55th St. The
subject property is located at 720S 55th St. The project site totals 2.5 acres in area. An existing
single-family home is located on the eastern portion of the site. Access to the site is provided via a
private driveway off of S 55th St which crosses the adjacent property (3123059025) to the south of
the project site. Two (2) Warning of Violations were issued on September 28, 2021 for site grading
without erosion control measures installed and grading/excavation/mining without a grading license
or permit (CODE21-000495). According to the project narrative submitted by the applicant, grading
and installation of various impervious surfaces occurred on the site resulting in approximately 36,720
square feet of ground disturbance. The total amount of earthwork was estimated by the applicant at
approximately 233 cubic yards cut and 831 cubic yards of fill. In addition, small block walls were
installed to create the flat yard surface to west of the existing home. Gravel was placed within the
existing driveway and yard area, and approximately 3,143 square feet of new pavement was installed
adjacent to the attached garage. Two (2) significant trees were removed. Proposed mitigation for the
unpermitted improvements include hydroseeding, tree installation (completed), and creation of an
~20,000 square foot-Native Growth Protection Easement. The applicant submitted a Drainage Report,
Arborist Report, and Environmental Checklist with the application.
According to the applicant, the purpose of the completed improvements was to create a flat yard
surface to the west of the existing home, provide a larger flat parking area near the existing attached
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garage on the east side of the building, and to create a larger manicured yard west of the home near
the center of the site. The source of the fill material was organic material acquired from the
construction of a new single-family residential lot located at 13504 SE 50th Pl in Bellevue, which
required significant grading as the lot was previously undeveloped (Exhibit 6). Filling materials
would have included clean dirt, soils, sand and gravel and other organic materials taken from the site
in order to create a flat building pad for the new home.
The project site is located at 720 S 55th St on a parcel without direct access to the ROW (S 55th St).,
which are primarily developed with single-family homes. The site lies at the southern terminus of
the Talbot Urban Separator Overlay area, which extends north of the site and provide a natural
corridor for flora and fauna in the area. According to the Mitigation Plan (Exhibit 2), approximately
760 sq. ft. of the completed land clearing occurred within the Urban Separator Overlay area. Per RMC
4-3-110 Urban Separator Overlay Regulations, forest/vegetation clearing shall be limited to a
maximum of thirty-five percent (35%) of the gross acreage of the site. The total clea red area in the
separator represents less than 1% of the gross site area and therefore complies with the standards.
4. Surrounding Uses. The project site is surrounded by parcels zoned and used for single-family
residential use. The parcel is significantly larger than those surrounding it.
5. Adverse Impacts. As conditioned, there are no significant adverse impacts associated with the
project. Specific issues related to impacts are discussed below.
A. Critical Areas. Portions of the property are mapped within a moderate landslide hazard area with
an isolated area designated as high landslide hazard on the north side of the site. The majority of
the work was completed on the southern and eastern portions of the site outside of the high
landslide hazard area. Steep, including both protected and sensitives slopes, are present on the
west side of the site according to topography data in COR Maps. A 50-foot buffer and 15-foot
building setback are required from Very High Landslide Hazard Areas. All grading and land
clearing was completed on the east side of the site near the existing single-family home and outside
of the boundary of the steep slopes designation. As mitigation, a condition of approval requires
that the Applicant submit a geotechnical analysis assuring that slope stability has not been
compromised by the unauthorized clearing and grading.
B. Drainage. The proposal complies with the City’s drainage standards and as such no significant
drainage impacts are anticipated. City public works staff have determined that as conditioned the
proposal will comply with the City’s stormwater drainage standards. In their expert opinion, they
testified that as conditioned they do not anticipate any significant stormwater impacts to
surrounding properties.
The applicant submitted a Technical Information Report (TIR), prepared by CORE Design, dated
May 25, 2022 (Exhibit 3). Based on the City’s flow control map, the site falls within the Flow
Control Duration Standard area matching Forested Site Conditions and is within the Black River
Drainage Basin. As of the date of the Report, the most current manual was the 2017 Renton Surface
Water Design Manual (RSWDM). However, the 2022 Renton Surface Water Design Manual is
currently in effect and therefore applicant shall be required to demonstrate compliance with the
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new manual prior to issuance of a stormwater permit. Due to the limited scope of the project, staff
does not anticipate significant changes to the Technical Information Report.
The proposal includes an analysis of the large lot best management practices (BMPs). Sheet flow
and native growth retention are feasible BMPs, however, feasibility is in small, isolated, areas on
the parcel. In lieu, the applicant is proposing a single native growth area that is sized larger than
prescribed in Appendix C at approximately 20,000 square feet. The native growth area is sized to
mitigate the entire target surface area whereas the small, isolated areas would not reach full
mitigation. A condition of approval requires the applicant to record a Native Growth Protection
Easement (NGPE) with King County within 180 days of permit issuance.
Two (2) public comments were submitted by neighboring property owners expressed concern with
the work completed and documented past drainage problems in the neighborhood. Staff concurs
with the assessment provided and core requirements included in the analysis and does not
recommend any specific mitigation measure related to stormwater impacts. St aff anticipates that
any stormwater issues on the neighboring sites will be mitigated through project compliance with
the 2022 RSWDM. A stormwater permit shall be required for the clearing/grading and erosion
control.
C. Trespass. As part of the grading work completed by the applicant, gravel was added to the offsite
driveway used to access the site. The driveway primarily consists of gravel and is located within
an easement across the property at 730 S 55 St. Based on the civil drawings submitted with the
application (Exhibit 2), a portion of the gravel was placed outside of the easement and may be
located on the adjacent property (APN 3123059156). Therefore, a condition of approval requires
that the applicant shall either remove all gravel from areas outside of the easement and provide
restoration to disturbed areas, or obtain a new easement or other approved consent from the owner
of APN 3123059156 that encompasses the entire gravel driveway area. In addition, the applicant
shall obtain a temporary construction easement from the property owner prior to starting any work.
D. Traffic. The majority of the work has been completed and therefore minimal impacts to traffic in
the area would occur as a result of permit approval. Some passenger vehicle traffic may increase
during removal of the gravel on the south side of the site where the applicant has proposed the
installation of grass in order to provide ground cover. Traffic is expected to be limited to passenger
vehicles with trailers to remove the gravel, after which the applicant would install the groundcover.
E. Tree Removal. The applicant submitted an Arborist Report prepared by Greenforest Incorporated
and dated May 23, 2022 with the application (Exhibit 4). The report identified a total of 138 trees
on the site including 35 landmark trees, 96 significant trees, and 7 dangerous (aka ‘High Risk’
trees per new tree removal regulation code in RMC 4-4-130) on the project site. As part of the
unpermitted work, the applicant removed two (2) trees whose exact species and size could not be
determined by the arborist due to their removal. According to the applicant, a tree assessment in
2009 (not provided with application) indicated the two (2) trees removed included 8-inch DBH
Western red cedar and a 20-inch DBH Douglas fir, for a total caliper loss of approximately 28
inches. The applicant’s arborist sized up the loss estimate by 10% growth for a total of 30.8 inches
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to account for the assumed growth between the data gathered in 2009 and the removal of the trees
in 2019. According to CORE Design, the applicant’s consultant for the grading permit, the
applicant and previous owner have planted approximately 47 new trees in the past decade resulting
in the large number of trees on the site today. The applicant has retained approximately 136 out of
138 total trees which would comply with the minimum thirty percent (30%) tree retention
requirements for properties subject to a land development. In addition, the applicant has installed
approximately 22,000 square feet of hydroseed on the area disturbed by the grading activities. A
comment submitted by the Duwamish Tribe included a request that the applicant install native
vegetation and plants as part of the mitigation (Exhibit 9). Based on the findings in the arborist
report, trees replanted on the south side of the site are primarily non-native fruit-bearing trees,
some which are diseased. A condition based upon the City’s tree ordinance, RMC 4-4-130,
requires replanting of 7 trees as mitigation as outlined in Conclusion of Law No. 6 below.
F. Aesthetics. The proposal will not create any significant aesthetic impacts. No fencing is currently
installed on the site. The applicant constructed two retaining walls under four feet (4’) in height
west of the existing structure to create a flat yard space adjacent to the home. Due to their location
near the center of the site, the walls are unlikely to be visible from adjacent properties. Further,
all improvements associated with the grading are typical of surrounding single family
development.
G. Noise and Dust. The City has not received any complaints associated with completed work
regarding unsightliness, dust or noise. The applicant has indicated that for the remaining mitigation
work to be completed, Best Management Practices (BMPs) would be used so as to reduce dust
and mud to a minimum (Exhibit 2). Control of dust and mud would be in accordance with RMC
4-4-060.J.8, Control of Dust and Mud and noise levels would be in accordance with RMC 4-4-
060.J.5, Maximum Noise Levels.
Conclusions of Law
1. Authority. RMC 4-9-080(F)(2) provides that the hearing examiner is responsible for granting
special permits for fill and grade and the permit is classified is a Type III review by RMC 4-8-080(G).
As a Type III application, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing
and issue a final decision, subject to closed record appeal to the City Council.
2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential – 1 (R-1),
Residential – 8 (R-8), and Residential – 14 (R-14). The comprehensive plan land use designation is
Residential Low Density (RLD), Residential Medium Density (RMD), Residential High Density
(RHD).
3. Review Criteria. RMC 4-9-080F.1.a requires a special grade and fill permit with a hearing
examiner hearing for any excavation or fill exceeding 500 cubic yards. As identified in Finding of
Fact No. 3, the combined excavation and fill exceed 500 cubic yards. The criteria for special grade
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and fill permits is governed by RMC 4-9-080(F)(4). All applicable criteria are quoted below in italics
and applied through corresponding conclusions of law.
RMC 4-9-080(F)(4): …To grant a special permit, the Hearing Examiner shall make a determination
that.. the proposed activity would not be unreasonably detrimental to the surrounding area. The
Hearing Examiner shall consider, but is not limited to, the following:
i. Size and location of the activity.
ii. Traffic volume and patterns.
iii. Screening, landscaping, fencing and setbacks.
iv. Unsightliness, noise and dust.
v. Surface drainage.
vi. The length of time the application of an existing operation has to comply with
nonsafety provisions of this Title.
4. Permit Criteria Met. The proposal meets the permitting criteria quoted above. The proposal
will not be unreasonably detrimental to the surrounding area because it will not create any significant
adverse impacts as determined in Finding of Fact No. 5. RMC 4-9-80(F)(4)(i)-(v) is directly addressed
in Finding of Fact No. 5. As to RMC 4-9-80(F)(4)(v), a condition of approval limits permit approval
to one year pursuant to staff’s recommendation.
5. Phasing and Reuse. RMC 4-9-080(F)(5) requires the hearing examiner to approve the reuse of
the site and the phasing to achieve the reuse. There is no actual reuse of the site proposed. The
developed portion of the site is merely being expanded to accommodate the existing single-family use.
To the extent that this expansion qualifies as a “reuse” it is approved since it is in conformance with
applicable zoning and compatible with surrounding uses. No phasing is proposed.
6. Tree Replacement Condition Adopted. The staff report recommends that the Applicant replace
two trees it removed for the project with the installation of fifteen 2-inch caliber trees. That condition
is reduced to six 2-inch new large species tree and one 2-inch new medium species tree.
Staff’s recommendation conforms to the requirements of RMC 4-4-130. RMC 4-4-130J outlines the
remedies and penalties for violation of RMC 4-4-130. The removal of two trees identified in Finding
of Fact No. 5E constitutes a violation of RMC 4-4-130. Specifically, the removal violates RMC 4-4-
130D1, which provides that “[t]here shall be no tree removal or land clearing on any site for the sake
of preparing that site for future development unless a land development permit, as defined in RMC 4-
11-120, Definitions L, has been approved by the City for the subject site.” More likely than not, from
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the evidence presented at the hearing, the two trees identified as removed in Finding of Fact No. 5E
were removed for purposes of the development covered by the after-the-fact clearing permit.
RMC 4-4-130J4c provides that for each tree improperly removed, replacement planting shall occur at
the rate based upon the credit value of trees set by RMC 4-4-130H1b. According to the staff report,
one of the two trees had a diameter of 8.8 inches at the time of removal and the other a dbh of 22 inches.
According to RMC 4-4-130H1b, the credit value of the preserved 8.8 diameter tree is 4 and the credit
value of the preserved 22 inch tree is 9 for a total of 13 credits of trees removed. Consequently, under
the tree credit replacement standard set by RMC 4-4-130J4c, the Applicant can only be made to replace
13 tree credits. The 15 trees recommended for replacement by the City qualify as new large species
trees under the RMC 4-11-200 definition. Each of those trees has a value of two tree credits under
RMC 4-4-130H1b. Consequently, the 15 trees required by the City appears to exceed that required by
RMC 4-130J4c. To reach a total of 13 credits, the City can require 6 new large species trees (totaling
12 credits at 2 credits per tree) and one medium species tree (as defined by RMC 4-11-200 for 1 credit).
Each of the trees shall conform to the size standards of RMC 4-130J4d.
DECISION
Based upon the conclusion that all applicable criteria are satisfied as noted in the Conclusions of
Law above, the requested Special Grade and Fill Permit application, conducted in accordance
with the Exhibit 2 civil plans and as described in this Decision, is approved 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 October 3, 2022.
2. The applicant shall either remove all gravel deposited from the project from areas outside
of the easement and restore disturbed areas with approved groundcover or obtain a new
easement or other City staff approved documentation from the owner of APN 3123059156
that encompasses the entire gravel driveway area. In addition, the applicant shall obtain a
temporary construction easement or other City staff approved documentation from the
property owner prior to starting any work. Documentation of compliance with either
solution shall be reviewed and approved by the Current Planning Project within 180 days
of permit approval, or further code compliance actions may be initiated.
3. The applicant shall install six large species trees and one medium species tree as defined
by RMC 4-11-200 meeting the size standards of RMC 4-130J4d along the south property
line. The trees shall be shown on an updated mitigation plan to be submitted for review
and approval by the Current Planning Project Manager within 45 days of permit appr oval.
The new trees shall be installed within 45 days of approval from the Current Planning
Manager.
4. The applicant shall record the Native Growth Protection Easement (NGPE) with King
County within 180 days of permit issuance. The applicant shall submit th e NGPE language
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and map for review and approval by the Current Planning Project Manager within 90 days
of permit issuance.
5. As found necessary by public works staff, the applicant shall revise the TIR to include a
downstream analysis per Core Requirement #2, with specific attention to the loss of
vegetation along the properties southern border. The TIR would be reviewed and
approved with the required stormwater permit.
Decision issued December 7, 2022.
Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-080(G) classifies the application(s) subject to this decision as Type III applications subject
to closed record appeal to the City of Renton City Council. Appeals of the hearing examiner’s
decision must be filed within fourteen (14) calendar days from the date of the decision. A request for
reconsideration to the hearing examiner may also be filed within this 14-day appeal period.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
HEARING EXAMINER DECISION
EXHIBITS
Project Name:
Daniel Lee Property
Project Number:
LUA22-000262, ECF, SP
Date of Hearing
November 15, 2022
Staff Contact
Alex Morganroth
Senior Planner
Project Contact/Applicant
Gina Brooks
CORE Design
12100 NE 195th St, Ste 300,
Bothell, WA 98011
Project Location
750 S 55th St
Renton, WA 98055
The following exhibits are included with the Hearing Examiner Decision:
Exhibits 1-11: As shown in the Environmental Review Committee (ERC) Report
Exhibits 12-13: As shown in the Staff Report to the Hearing Examiner
Exhibit 14: Staff PowerPoint
Exhibit 15: COR Maps, http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Exhibit 16: Google Earth, https://www.google.com/earth/