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Home My WebLink AboutD_1409UnionExemption_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_1409UnionExemption_FINAL PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: January 24, 2024 PROJECT NUMBER: LUA23-000417, CAE PROJECT NAME: 1409 Union Ave NE Restoration PROJECT MANAGER: Andrew Van Gordon, Associate Planner APPLICANT: TDNN, LLC 12411 155th Ave SE, Renton, WA 98059 OWNER: TDNN, LLC 12411 155th Ave SE, Renton, WA 98059 CONTACT: TDNN, LLC 12411 155th Ave SE, Renton, WA 98059 PROJECT LOCATION: 1409 Union Ave NE, Renton, WA 98059 (TPN 0423059181) PROJECT DESCRIPTION: The applicant is requesting approval of a Critical Areas Exemption to allow for the restoration of 4,354 square feet within the critical area buffer of Honey Creek at 1409 Union Ave NE (TPN 0423059181). The property is 10,200 square feet (0.23 acre) in size. The property is located within the Residential Multi-Family (RMF) zone and Urban Design District B. A vacant non-conforming single-story building with associated nonconforming surface parking lot are present on the site. Access to the property is via Union Ave NE. The proposed restoration is a corrective action in response to CODE23-000085, which includes installation of an unpermitted surface parking area, unpermitted removal of two (2) landmark trees (a 30-inch (30”) Deodar Cedar and a 25-inch (25”) Douglas Fir) and unpermitted installation of chain link fencing. All unpermitted work occurred within the critical area buffer of Honey Creek. Restoration work will include removal of the unpermitted surface parking area, removal of the chain link fence, installation of 25 trees (six (6) Grand Firs, seven (7) Vine Maples, seven (7) Western Hazelnuts, five (5) Garry Oaks), 117 bushes (nine (9) serviceberries, eight (8) Ocean Sprays, 33 Tall Oregon Grape, 32 Nootka Roses, 35 Snowberries) and associated groundcover (Coast Strawberry). All trees and bushes are proposed to be planted within 60 feet (60’) of Honey Creek with associated groundcover planted within 75 feet (75’) of Honey Creek outside of the existing nonconforming improvements. DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations 1409 Union Ave NE Restoration LUA23-000417, CAE Permit Date: January 24, 2024 Page 2 of 4 D_1409UnionExemption_FINAL CRITICAL AREA: Stream (Honey Creek) and Sensitive Slopes EXEMPTION JUSTIFICATION: Pursuant to RMC 4-3-050C.3.a.iii Approved Restoration/Mitigation, restoration/mitigation is an exempt activity within streams and associated buffers FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.2.d: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; Staff Comment: Approval of this exemption will act as written permission to allow the proposed restoration to occur. ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comment: The mitigation plan (Exhibit 1) and stream study (Exhibit 2) were prepared by John Altmann, Ecologist, of Altmann Oliver Associates, LLC. The mitigation plan includes a planting plan, planting specifications and a maintenance and monitoring plan. Staff has not seen evidence that the activity will conflict with best management practices. iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comment: Disturbance will occur within a 4,354 square feet area located mainly on the western portion of the property. Disturbance will include removal of an unpermitted surface parking lot for the benefit of restorative plantings. An unpermitted chain link fence within the critical area buffer will also be removed. As part of the restoration mitigation plan, specifications for removal of unpermitted improvements, installation of plantings and maintenance and monitoring have been included by the qualified professional. To ensure disturbed areas are restored per the recommendations of the ecologist, staff recommends as a condition of approval that the applicant complete the restoration process per the guidelines provided within the mitigation plan. Nearly the entire property is encumbered with critical areas and their buffers. An existing nonconforming building and nonconforming surface parking lot are located within the existing critical area buffers. As such, it may be difficult in the future to determine where the boundary between the restoration areas and nonconforming improvements are located. A situation in the future may arise where areas of restoration are disturbed because of this difficulty. As such, to ensure that impacts to restoration areas are minimized, staff recommends as a condition of approval that the applicant install permanent fencing at the boundary of the restoration areas. Fencing shall be a wooden two (2) rail split rail fence with permanent wood or metal signs on treated posts identifying the purpose of the fencing. Suggested wording is as follows: “Protection of this natural area is in your care. Alteration or disturbance is prohibited by law.” The applicant shall provide fence and signage details. The designs shall be reviewed and approved by the Current Planning Manager prior to construction permit approval. DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations 1409 Union Ave NE Restoration LUA23-000417, CAE Permit Date: January 24, 2024 Page 3 of 4 D_1409UnionExemption_FINAL iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required; Staff Comment: All proposed vegetation to be planted is native species. v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. Staff Comment: Not applicable. The proposal does not include a significant or substantial potential to degrade groundwater quality. DECISION: An exemption from the Critical Areas Regulations is hereby Approved with Conditions* and subject to the following conditions: *CONDITIONS OF APPROVAL: 1. The applicant shall complete the restoration process per the guidelines provided within the mitigation plan. 2. The applicant shall install permanent fencing at the boundary of the restoration areas. Fencing shall be a wooden two (2)-rail split rail fence with permanent wood or metal signs on treated posts identifying the purpose of the fencing. Suggested wording is as follows: “Protection of this natural area is in your care. Alteration or disturbance is prohibited by law.” The applicant shall provide fence and signage details. The designs shall be reviewed and approved by the Current Planning Manager prior to construction permit approval. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Matthew Herrera, Planning Director Date 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 decision, there will 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. APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on February 7, 2024. 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, DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 1/24/2024 | 12:46 PM PST City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations 1409 Union Ave NE Restoration LUA23-000417, CAE Permit Date: January 24, 2024 Page 4 of 4 D_1409UnionExemption_FINAL 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: Five (5) years from the date of decision (date signed). Exhibits: 1. Mitigation Plan 2. Stream Study DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 1631.11'N 00°59'10" E364.27'UNION AVE. N.E.(132ND AVE. S.E.)N 88°18'20" W120.00'S 00°59'10" WN 88°18'20" W120.00'85.00'N 00°59'10" E85.00'8' - 10' TALL CEDAR HEDGE EXISTING SINGLESTORY BUILDING1-11-21-31-41-51-1DENOTES ORDINARY HIGH WATER MARKFLAG LOCATED BY THIS SURVEYEXISTING CREEK386.03'383.78'381.02'380.06'380.69'ELEV.6' CHAIN LINK FENCEGATE2' CHAIN LINK FENCEPARKING AREANEW ASPHALT CHAIN LINKGATE30" FIR TALL STUMP24" FIR TALL STUMP30" WEEPINGWILLOWWILLOW40" WEEPING24" ALDERF.F. = 386.00' +/-CREEK ORDINARY HIGH WATER MARKAS FLAGGEDSOUTHERLY SIDE OF CREEKGRAPHIC PURPOSES ONLY(NOT SURVEYED)6' CHAIN LINK FENCE6' CHAIN LINK FENCEPROJECTDRAWNDATESCALEREVISEDLandscapeArchitectureAOAEnvironmentalPlanning &Office (425) 333-4535PO Box 578Carnation, WA 98014Fax (425) 333-4509Altmann Oliver Associates, LLC7097-MIT-09-20-23.dwgRECEIVEDPLANNING DIVISION12/27/2023AVanGordonDocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 1631.11'N 00°59'10" E364.27'UNION AVE. N.E.(132ND AVE. S.E.)N 88°18'20" W120.00'S 00°59'10" WN 88°18'20" W120.00'85.00'N 00°59'10" E85.00'8' - 10' TALL CEDAR HEDGE EXISTING SINGLESTORY BUILDING1-11-21-31-41-51-1DENOTES ORDINARY HIGH WATER MARKFLAG LOCATED BY THIS SURVEYEXISTING CREEK386.03'383.78'381.02'380.06'380.69'ELEV.6' CHAIN LINK FENCEGATE2' CHAIN LINK FENCEPARKING AREANEW ASPHALT CHAIN LINKGATE30" FIR TALL STUMP24" FIR TALL STUMP30" WEEPINGWILLOWWILLOW40" WEEPING24" ALDERF.F. = 386.00' +/-CREEK ORDINARY HIGH WATER MARKAS FLAGGEDSOUTHERLY SIDE OF CREEKGRAPHIC PURPOSES ONLY(NOT SURVEYED)6' CHAIN LINK FENCE6' CHAIN LINK FENCEPROJECTDRAWNDATESCALEREVISEDLandscapeArchitectureAOAEnvironmentalPlanning &Office (425) 333-4535PO Box 578Carnation, WA 98014Fax (425) 333-4509Altmann Oliver Associates, LLC7097-MIT-09-20-23.dwgDocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 UNION AVE. N.E.(132ND AVE. S.E.)N 88°18'20" W120.00'S 00°59'10" WN 88°18'20" W120.00'85.00'N 00°59'10" E85.00'8' - 10' TALL CEDAR HEDGE EXISTING SINGLESTORY BUILDING1-21-31-41-5383.78'381.02'380.06'380.69'6' CHAIN LINK FENCEPARKING AREANEW ASPHALT CHAIN LINKGATE30" FIR TALL STUMP24" FIR TALL STUMP30" WEEPINGWILLOWWILLOW40" WEEPING24" ALDERF.F. = 386.00' +/-SOUTHERLY SIDE OF CREEKPROJECTDRAWNDATESCALEREVISEDLandscapeArchitectureAOAEnvironmentalPlanning &Office (425) 333-4535PO Box 578Carnation, WA 98014Fax (425) 333-4509Altmann Oliver Associates, LLC7097-MIT-09-20-23.dwgDocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 PROJECTDRAWNDATESCALEREVISEDLandscapeArchitectureAOAEnvironmentalPlanning &Office (425) 333-4535PO Box 578Carnation, WA 98014Fax (425) 333-4509Altmann Oliver Associates, LLC7097-MIT-09-20-23.dwgDocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 PROJECTDRAWNDATESCALEREVISEDLandscapeArchitectureAOAEnvironmentalPlanning &Office (425) 333-4535PO Box 578Carnation, WA 98014Fax (425) 333-4509Altmann Oliver Associates, LLC7097-MIT-09-20-23.dwgDocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 May 31, 2023 AOA-7097 Henry Doan henrydoanb@gmail.com SUBJECT: Stream Study for 1409 Union Ave NE, Renton, WA Parcel 042305-9181 (CODE23-000085) Dear Henry: On April 5, 2023 I conducted a wetland and stream reconnaissance on the subject property utilizing the methodology outlined in the May 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). Although no wetlands were identified on or adjacent to the site, one stream (Stream 1) was observed flowing from southeast to northwest through the southwest corner of the property. The ordinary high water (OHW) of the stream was delineated during the field investigation and subsequently surveyed (Figure 1). Stream 1 Stream 1 is a tributary to May Creek and has been classified as a Type Np stream by the City of Renton (Attachment A). Type Np streams require a standard 75-foot buffer plus additional 15-foot structure setback per RMC 4-3-050.G.2. The riparian corridor on the site is highly degraded and consisted primarily of recently installed parking with bare ground . Two large cut Douglas fir (Pseudotsuga menziesii) snags and a large weeping willow (Salix babylonica) were also observed. The City of Renton allows the reduction of the standard 75-foot degraded buffer for a Type Np stream down to a maximum reduced buffer of 60 feet with the implementation of a buffer enhancement plan per RMC 4-3-050.I.1. However, even with a the 60-foot reduced buffer, most of the recently installed asphalt parking to the west of the existing structure would still be located within the buffer. Recommendation Based on the tree canopy to the west of the structure it is difficult to tell from aerial photos what the condition of the riparian corridor was prior to the recent parking pavement. If available, photographs of the area prior to paving should be provided. Since new parking pavement is not an allowed alteration within the stream buffer, if definitive proof cannot be provided that the area was already paved then it will likely be necessary to remove the pavement within 60 feet of the stream to the west of the existing structure and prepare a RECEIVED PLANNING DIVISION 12/27/2023 AVanGordon DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 Henry Doan May 31, 2023 Page 2 of 3 buffer restoration planting plan. It appears the parking to the east of the structure has historically been present. Typical view of existing stream buffer on-site. It is my recommendation that confirmation regarding the removal of the existing pavement within the buffer to the west of the structure is required by the City of Renton. If so, please let me know and we can prepare the required restoration planting plan. DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 Henry Doan May 31, 2023 Page 3 of 3 If you have any questions, please give me a call. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC John Altmann Ecologist Attachments DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 King C oun ty, Eag le Vie w King C ou nty iMap Date: 5 /31 /20 23 Notes: Th e infor matio n in clu de d on t his map has been comp ile d b y Kin g Count y staf f from a variety of source s an d is su bject to cha ng ewithout n otice. Kin g Co unt y makes no re present ations o r wa rra nties, exp re ss o r im plied , a s to accu ra cy, complet en ess, t ime lin ess,or rig hts to the use of such informa tion . This d ocu me nt is not intended for u se as a survey pr od uct. King Cou nty shall n ot be lia blefor a ny g en er al, sp ecial, indirect, incide ntal, o r conse qu en tial damag es including , but not limited to , lost revenu es or lo st profitsresulting from th e use or m isu se of t he info rmat ion cont aine d on this map . An y sale of this map or in formation o n t his map isprohibited except by written p er mission of King County.± DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 1631.11'N 00°59'10" E364.27'UNION AVE. N.E.(132ND AVE. S.E.)N 88°18'20" W120.00'S 00°59'10" WN 88°18'20" W120.00'85.00'N 00°59'10" E85.00'8' - 10' TALL CEDAR HEDGE EXISTING SINGLESTORY BUILDING1-11-21-31-41-51-1DENOTES ORDINARY HIGH WATER MARKFLAG LOCATED BY THIS SURVEYEXISTING CREEK386.03'383.78'381.02'380.06'380.69'ELEV.6' CHAIN LINK FENCEGATE2' CHAIN LINK FENCENEW ASPHALT PARKING AREAPARKING AREANEW ASPHALT CHAIN LINKGATE30" FIR TALL STUMP24" FIR TALL STUMP30" WEEPINGWILLOWWILLOW40" WEEPING24" ALDERF.F. = 386.00' +/-CREEK ORDINARY HIGH WATER MARKAS FLAGGEDSOUTHERLY SIDE OF CREEKGRAPHIC PURPOSES ONLY(NOT SURVEYED)6' CHAIN LINK FENCE6' CHAIN LINK FENCE6' CHAIN LINK FENCEPROJECTDRAWNDATESCALEREVISEDLandscapeArchitectureAOAEnvironmentalPlanning &Office (425) 333-4535PO Box 578Carnation, WA 98014Fax (425) 333-4509Altmann Oliver Associates, LLC7097-MIT-04-21-23.dwgDocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260 1,128 94 City of Renton Print map Template This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. None 4/7/2023 Legend 64032 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 64 WGS_1984_Web_Mercator_Auxiliary_Sphere Information Technology - GIS RentonMapSupport@Rentonwa.gov City and County Labels Addresses Parcels City and County Boundary <all other values> Renton Environment Designations Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential Urban Conservancy Jurisdictions Streams (Classified) Unclassfied S - Shoreline F - Fish Np - Non-Fish Ns - Non-Fish Seasonal Wetlands Streets Points of Interest Parks Waterbodies 2021.sid Red: Band_1 Attachment A DocuSign Envelope ID: A8844984-6942-484C-9A8A-D910A049D260