HomeMy WebLinkAboutD_Modification_Report_FINALDEPARTMENT OF COMMUNITY
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D_Modification_Report_FINAL
A. ADMINISTRATIVE MODIFICATION REPORT & DECISION
Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED
Report Date: June 12, 2023
Project File Number: PR18-000551
Project Name: Thunder Hills Creek Sewer Rehabilitation Retaining Wall Modification
Land Use File Number: LUA19-000009, MOD
Project Manager: Jill Ding, Senior Planner
Owner: Various see Exhibit 4
Applicant/Contact: Jesse Newman, City of Rention, 1055 S Grady Way, 6th Floor, Renton, WA 98057
Project Location: Gated site entrance at Grant Ave S and S 18th Street and runs the length of Thunder
Hills Creek north just up to before it goes under I-405.
Project Summary: The applicant is requesting a Modification to the Retaining Wall Standards (RMC 4-
4-080) for retaining walls over 6 feet in height within a residential zone. The
proposed retaining walls would have a maximum height of 10 feet in order to
stabilize the surrounding hillside, facilitating improvements to approximately 2,050
lineal feet of sewer main (permitted under LUA18-000678). The project site
includes protected and sensitive slopes, Thunder Hills Creek, a type Np stream with
a 75-foot buffer, and seven tributary streams, all classified as Type Ns streams with
50-foot buffers. There are six wetlands (Wetlands A-F). Of the six wetlands, four
(Wetlands B, D, E, and F) would have a standard buffer of 100 feet, Wetland A
would have a standard buffer of 75 feet, and Wetland C would have a standard
buffer of 50 feet. The sewer main rehabilitation proposal would include 20,703
square feet of temporary wetland and stream buffer impacts, 1,332 square feet of
wetland impacts (Wetland E and F), and 41,000 permanent buffer impacts including
the removal of 36 trees. The project site includes RM-F and R-8 zoning designations.
Access to the site would be provided via a gated entrance off of Grant Ave S and S
18th St as well as an existing entrance at the cleared PSE easement access along S
18th St.
Site Area: 95,121 sq. ft.
DocuSign Envelope ID: 5CE653CA-326E-4B4E-AEC2-AE9CDEDACB65
City of Renton Department of Community & Economic Development
Thunder Hills Creek Sewer Rehabilitation Retaining Wall Modification
Administrative Modification Report & Decision
LUA19-000009, MOD
Report of June 12, 2023 Page 2 of 6
D_Modification_Report_FINAL
B. EXHIBITS:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Civil Plan Set
Exhibit 4: Property Owner Information
C. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on January
24, 2019. The project was placed on hold on March 7, 2019 and was taken off hold June 12, 2023. The
project complies with the 120-day review period.
2. The applicant’s submittal materials comply with the requirements necessary to process the modification
request (Exhibits 1-4).
3. The project site is located at the Gated site entrance at Grant Ave S and S 18th Street and runs the length
of Thunder Hills Creek north just up to before it goes under I-405.
4. The project site is currently developed with an existing sewer main and maintenance access road.
5. Access to the site would be provided via existing driveway access off of Grant Ave S.
6. The property is located within the Residential High Density (RHD) and Residential Medium Density (RMD)
Comprehensive Plan land use designation.
7. The site is located within the Residential Multi-Family (RM-F) zoning classification.
8. There are approximately 40 trees proposed for removal on the project site.
9. The site is mapped with protected and sensitive slopes, Thunder Hills Creek, a type Np stream with a 75-
foot buffer, and seven tributary streams, all classified as Type Ns streams with 50-foot buffers. There are
six wetlands (Wetlands A-F). Of the six wetlands, four (Wetlands B, D, E, and F) would have a standard
buffer of 100 feet, Wetland A would have a standard buffer of 75 fee t, and Wetland C would have a
standard buffer of 50 feet.
10. The applicant is proposing to begin construction in June 2019 and end in September 2019.
11. 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.
12. 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, as determined
under the Critical Areas Exemption approved under LUA18-000678.
13. Modification Analysis: The applicant is requesting a modification from RMC 4-4-080 in order to construct
retaining walls with a maximum height of 10 feet, which would exceed the maximum 6-foot height
permitted for retaining walls in residential zoning designations. The proposal is compliant with the
following modification criteria, pursuant to RMC 4-9-250. Therefore, staff is recommending approval of
the requested modification.
DocuSign Envelope ID: 5CE653CA-326E-4B4E-AEC2-AE9CDEDACB65
City of Renton Department of Community & Economic Development
Thunder Hills Creek Sewer Rehabilitation Retaining Wall Modification
Administrative Modification Report & Decision
LUA19-000009, MOD
Report of June 12, 2023 Page 3 of 6
D_Modification_Report_FINAL
Compliance Modification Criteria and Analysis
✓
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: The applicant contends that the proposal would implement two (2) of
the 2016-2021 goals listed in the City of Renton’s 2015 Comprehensive Plan, which
include “Promote a walkable, pedestrian and bicycle friendly city with complete streets,
trails, and connections between neighborhoods and community focal points” and “Plan,
develop, and maintain quality services, infrastructure, and amenities”. The modification
request to have some retaining walls greater than 6 feet high in areas of steeper slopes,
supports the implementation of these two (2) goals by improving an access path used
by pedestrians in the area that is appropriately reinforced to prevent slumping and
erosion into the access path, and replacing an aging sanitary sewer line to provide
quality infrastructure and amenities for the community. Walls greater than 6 feet high
will only be utilized where necessary and will be adequately embedded into the
unweathered sandstone to provide adequate protection to maintain the integrity and
function of the maintenance access path and provide necessary environmental
protection from slumping soils into the creek. Land Use Element policies within City of
Renton’s 2015 Comprehensive Plan that this modification request substantially
implements include but are not limited to the following:
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-31: Protect buffers along wetlands and surface waters to facilitate infiltration
and maintain stable water temperatures, provide for biological diversity, reduce
amount and velocity of run-off, and provide for wildlife habitat.
Policy L-36: 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.
Staff concurs that the proposed retaining walls would implement the policy direction as
outlined in the City’s Comprehensive Plan.
✓
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 several areas within the project site show signs
of soil movement or erosion. Much of this movement and erosion is along the west side
of the ravine north of the area identified as Station 5+50 on the submitted plans (Exhibit
3). Landslide activity and surface erosion has occurred in this area within the past 50 or
so years. The movements include sliding of colluvium and highly weathered bedrock
from the underlying hard bedrock. Slide thicknesses range from 1 to 3 feet in thickness,
10 to 30 feet in width, and up to 40 feet long. Additionally, th ere is ongoing erosion
along the stream banks and within the channel. In order to support the adjacent hillside
along the trail, prevent further erosion from undermining the hillsides where several
apartment buildings are immediately above, and to prevent the undercutting and
erosion of the new sewer line several areas along the existing maintenance path, a
DocuSign Envelope ID: 5CE653CA-326E-4B4E-AEC2-AE9CDEDACB65
City of Renton Department of Community & Economic Development
Thunder Hills Creek Sewer Rehabilitation Retaining Wall Modification
Administrative Modification Report & Decision
LUA19-000009, MOD
Report of June 12, 2023 Page 4 of 6
D_Modification_Report_FINAL
certified engineering geologist recommends installation of retaining walls in several
areas along the project. Some locations include very steep slopes (40% grade or higher)
and are at a higher risk of hillside slumping, landslides and erosion. As a result, these
areas require proportionately taller retaining walls (with a maximum height of 10 feet)
to provide appropriate support that does not compromise the safety of people utilizing
the path for walking and aid in preventing the hillside from slumping and eroding along
steeper areas where apartment homes are located immediately up the hillside. These
higher walls would only be utilized where necessary and will be adequately embedded
into the unweathered sandstone to provide adequate protection to maintain the
integrity and function of the maintenance access path, provide necessary
environmental protection from slumping soils into the creek, and provide pr otection and
maintainability of the new sewer line for the duration of its lifespan.
Staff concurs the proposed modification to allow retaining walls up to a maximum
height of 10 feet along the project corridor would meet the objectives of function and
maintainability intended by the code requirements as these proposed walls would
stabilize the slopes adjacent to the maintenance access road, which is necessary for the
maintenance of the existing sewer main.
✓
c. Will not create substantial adverse impacts to other property(ies) in the vicinity.
Staff Comment: The applicant contends that walls exceeding 6 feet high will be down
below the apartment housing structures and would not be visible from the public right-
of-way or properties above. These walls would provide appropriate support to prevent
the erosion and landslide potential along these steep slope areas, thereby provi ding a
positive and structurally supportive impact for the properties along the creek.
Therefore, the proposed walls would not be injurious to the adjacent properties in the
vicinity.
Staff concurs that the maximum 10-foot high retaining walls would not be injurious to
other properties in the vicinity as the walls would not be visible from the public right-of-
way or adjacent properties. The proposed walls would provide structural support to the
slopes, which would benefit properties in the immediate vicinity of the project site.
✓
d. Conforms to the intent and purpose of the Code.
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’.
D. DECISION:
The proposal satisfies 6 of the 6 criteria listed in RMC 4-9-250 for approval of modifications. Therefore, the
Thunder Hills Creek Sewer Rehabilitation Retaining Wall Modification, File No. LUA19-000009, MOD, is
approved.
DocuSign Envelope ID: 5CE653CA-326E-4B4E-AEC2-AE9CDEDACB65
City of Renton Department of Community & Economic Development
Thunder Hills Creek Sewer Rehabilitation Retaining Wall Modification
Administrative Modification Report & Decision
LUA19-000009, MOD
Report of June 12, 2023 Page 5 of 6
D_Modification_Report_FINAL
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
VANESSA DOLBEE, Planning Director Date
TRANSMITTED on June 12, 2023 to the Owner/Applicant/Contact:
Owner: Applicant/Contact:
Various, see Exhibit 4 Joseph Stowell
City of Renton
6th Floor
1055 S Grady Way
Renton, WA 98057
TRANSMITTED on June 12, 2023 to the Parties of Record:
None
TRANSMITTED on June 12, 2023 to the following:
Chip Vincent, CED Administrator
Brianne Bannwarth, Development Engineering Director
Gina Estep, Economic Development Director
Matt Herrera, Current Planning Manager
Nathan Janders, Development Engineering Manager
Anjela Barton, Fire Marshal
E. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION:
The administrative land use decision will become final if the decision is not appeal ed within 14 days of the decision
date.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on June 26, 2023. An appeal of the decision must be filed within the 14 -day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk
at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee,
normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted
electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals
to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process
may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov.
EXPIRATION: The Modification decision will expire two (2) years from the date of decision. A single one (1) year
extension may be requested pursuant to RMC 4-9-250.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by
the approval body. The approval body may modify his decision if material evidence not readily discoverable prior
to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original de cision, there will
DocuSign Envelope ID: 5CE653CA-326E-4B4E-AEC2-AE9CDEDACB65
6/12/2023 | 4:45 PM PDT
for
City of Renton Department of Community & Economic Development
Thunder Hills Creek Sewer Rehabilitation Retaining Wall Modification
Administrative Modification Report & Decision
LUA19-000009, MOD
Report of June 12, 2023 Page 6 of 6
D_Modification_Report_FINAL
be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal
within the 14-day appeal time frame.
THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may
occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the
Hearing Examiner as well. All communications after the decision/approval date must be made in writing through
the Hearing Examiner. All communications are public record and this permits all interested parties to know the
contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of
this doctrine could result in the invalidation of the appeal by the Court.
DocuSign Envelope ID: 5CE653CA-326E-4B4E-AEC2-AE9CDEDACB65
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE MODIFICATION REPORT & DECISION
EXHIBITS
Project Name:
Thunder Hills Creek Sewer Rehabilitation
Retaining Wall Modification
Land Use File Number:
LUA19-000009, MOD
Date of Report
June 12, 2023
Staff Contact
Jill Ding
Senior Planner
Project Contact/Applicant
Jesse Newman
City of Rention
1055 S Grady Way, 6th Floor,
Renton, WA 98057
Project Location
Gated site entrance at
Grant Ave S and S 18th
Street and runs the length
of Thunder Hills Creek
north just up to before it
goes under I-405.
The following exhibits are included with the Administrative Modification Report:
Exhibit 1: Administrative Modification Decision
Exhibit 2: Modification Request Justification
Exhibit 3: Civil Plan Set
Exhibit 4: Property Owner Information
DocuSign Envelope ID: 5CE653CA-326E-4B4E-AEC2-AE9CDEDACB65