HomeMy WebLinkAboutSR_HEX_Lake_to_Sound_Regional_Trail_160216DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
A. REPORT TO THE HEARING EXAMINER
HEARING DATE: February 16, 2016
Project Name: Lake to Sound Regional Trail -Segment A
Owner: City of Renton; City ofTukwila; Burlington Northern Santa Fe; Union Pacific
Applicant/Contact: King County DNRP/Parks, Attn: Jason Rich, Capital Projects; King Street Center, 7'" Floor;
201 S. Jackson St; Seattle WA 98104
File Number: LUAlS-000257, ECF, SSDP, S-CUP, S-V
Project Manager: Kris Sorensen, Associate Planner
Project Summary: The applicant is requesting SEPA Environmental Review, a Shoreline Conditional Use
Permit, a Shoreline Variance, and a Shoreline Substantial Development Permit to
improve an existing informal 1.2-mile trail within the cities of Tukwila and Renton with a
12-foot wide paved trail and new bridge over the Black River. The proposal is part of a
16-mile regional trail that links Lake Washington and Puget Sound. A Renton Shoreline
Variance from RMC 4-3-090.D.2.d.ix.f is required for the trail areas located in wetland
buffers because the proposal exceeds a 4-foot width, is paved, and located in the inner
50% of the buffer area. The trail is located on city owned and railroad owned parcels
that are zoned Commercial Office (CO) and Resource Conservation (RC). The trail is
located in the Black River-Springbrook Creek 'Natural' Shoreline Overlay and associated
wetland buffers. 1,500 cubic yards of cut and 3,000 cubic yards of fill are proposed.
Portions of the trail corridor are located in the 1995 FIRM Floodplain area with a net
result of 135.5 cubic yards of soil removal within the flood area. Trees would be
removed along the trail alignment and within shoreline buffer areas. 2.26 acres of
mitigation planting areas are proposed. Other project elements include a new
pedestrian crossing at Monster Road, undercrossings of railroad bridges, retaining walls,
fences, signage, and stormwater improvements. Work would be limited to specific times
of the year based on reducing impacts to nearby wildlife and overwater work for the
Project Location:
Site Area:
new bridge. The project is anticipated to have no net loss of ecological function of the
regulated shoreline areas as required by state, federal, and local regulations. Studies
submitted include a Bridge Geotechnical Report, Vegetation and Wildlife Discipline
Report, Critical Areas Report, Stream Discipline Report, Drainage Report, Endangered
Species Act No Effect document, and NEPA Exemption by Washington State Department
of Transportation. Construction work would begin in spring 2016 and last 12 months.
Black River Riparian Forest in City of Renton to Fort Dent Park in City of Tukwila
3.94 acres paved (and 5.26 acres with shoulder) for 1.2 mile length
Project Location Map
HEX Report_Lake to Sound Trail Segment A_LUA15-000257
City of Renton Department of Community & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Hearing Examiner Recommendation
LUA15-000Z57, ECF, SSDP, 5-CUP, 5-V
Public Hearing Date: February 16, 2016 Page 2 of 40
II 8. EXHIBITS:
Exhibits 1-36:
Exhibit 37:
Exhibit 38:
Exhibit 39:
Exhibit 40:
Exhibit 41:
Exhibit 42:
As shown in the SEPA Environmental Review Report, dated January 11, 2016
Hearing Examiner Report
City of Renton Trails and Bicycle Master Plan, adopted May 11, 2009
City of Renton Comprehensive Plan, Shoreline Management Element and Appendix B
Public Access Objectives by Reach
Critical Areas Figure 3-1, prepared by Parametrix
Determination of Non-Significance Mitigated
Tree Retention Worksheet
I c. GENERAL INFORMATION:
1. Owner(s) of Record:
2. Zoning Classification:
3. Comprehensive Plan Land Use Designation:
4. Existing Site Use:
S. Critical Areas:
6. Neighborhood Characteristics:
City of Renton; City of Tukwila; Burlington Northern
Santa Fe; Union Pacific
Commercial Office (CO) and Resource Conservation
(RC)
Employment Area (EA)
Trail and recreation, gravel maintenance road,
street right-of-way, and railroad right-of-way and
river crossings.
Shoreline Natural Overlay designation, Wetlands,
Flood hazard, Steep Slopes
a. North: Burlington Northern Santa Fe Railroad right-of-way (Resource Conservation RC
zone) and Concrete Recycling Use (Industrial Light IL zone)
b. East: Office Park (Commercial Office CO zone)
c. South: Industrial and manufacturing uses (Industrial Medium IM and Industrial Heavy IH
zones)
d. West: Burlington Northern Santa Fe and Union Pacific Railroad right-of-way (Industrial
Medium IM zone) and City of Tukwila Fort Dent Park/ Starfire Sports Complex
6. Project Data: Trail length: 1.2 miles between Tukwila and Renton
7. Site Area:
Shoreline Enhancements: 98,297 square feet of restoration and planting areas
3.94 acres paved (and 5.26 acres with shoulder) for 1.2 mile length
I 0. HISTORICAL/BACKGROUND:
Action Land Use File No.
Comprehensive Plan N/A
Zoning N/A
Annexation -S 1801h N/ A
Annexation -Monster Rd SW N/ A
HEX Report_lake to Sound Trail Segment A_LUA15-000257
Ordinance No.
5758
5758
1745
4086
Date
06/22/2015
06/22/2015
04/19/1959
09/30/1987
City of Renton Department of Com ty & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016
I E. PUBLIC SERVICES:
1. Existing Utilities
a. Water: Water is not a requirement of this project.
b. Sewer: Sanitary sewer is not a requirement of this project.
'earing Examiner Recommendation
WAlS-000257, ECF, SSDP, S-CUP, S-V
Page 3 of 40
c. Surface/Storm Water: The existing drainage systems consist of the cross culverts along the
trail/gravel road within the Black River Riparian Forest and Monster Rd SW conveyance systems.
2. Streets: The trail project corridor crosses Monster Rd SW currently on the Monster Road Bridge. The
trail corridor eastern terminus is Naches Ave SW.
3. Fire Protection: City of Renton Fire Department.
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 4-2-110: Residential Development Standards
c. Section 4-2-120: Commercial Development Standards
d. Section 4-2-130: Industrial Development Standards
2. Chapter 3 Environmental Regulations
a. Section 4-3-050: Critical Area Regulations
b. Section 4-3-090: Shoreline Master Program Regulations
3. Chapter 9 Permits -Specific
a. Section 4-9-190: Shoreline Permits
4. Chapter 10 Legal Nonconforming Structures, Uses and Lots
a. Section 4-10-095: Shoreline Master Program, Nonconforming Uses, Activities, Structures, and Sites
S. Chapter 11 Definitions
G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
2. Shoreline Management Element
H. PROJECT DESCRIPTION/BACKGROUND
King County, together with the Cities of Renton and Tukwila, Washington State Department of Transportation
(WSDOT), and the Federal Highway Administration (FHWA), is proposing to develop an approximate 1.2-mile
segment of what will ultimately be the 16-mile Lake to Sound Trail. There is an existing trail where the subject
improvements but it is not fully improved to accessibility standards or with a paved surface. The 1.2-mile
segment is referred to as Segment A of the Lake to Sound Trail. Segment A extends from the Starfire Sports
Complex in Fort Dent Park to Naches Avenue SW. Most of the trail is within the City of Renton, with the
municipal limit roughly between the two sets of railroad tracks west of Monster Road. The proposed trail is
typically 12 feet of asphalt pavement bounded by two 2-foot-wide shoulders and 1-foot-wide clear zones, in
accordance with American Association of State Highway and Transportation Officials' (AASHTO) guidelines. The
trail section is 14,317 feet long and 12 feet wide for a total paved footprint area of 3.94 acres. With the
addition of two-foot shoulders on either side, the trail footprint is 5.26 acres. Between Fort Dent Park and
Monster Road, the trail alignment lies south of the Black River. The westernmost 600 feet of the proposed trail
HEX Repart_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com, ty & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016
1earing Examiner Recommendation
WAlS-000257, ECF, SSDP, 5-CUP, 5-V
Page 4 of 40
alignment is on maintained lawns associated with Fort Dent Park. It follows a dirt footpath that joins an
existing dirt road beneath the railroad bridges for 650 feet. The 150 feet west of Monster Road is on existing
paved surfaces. The proposed trail alignment crosses over the Black River using a new pedestrian bridge. The
eastern three-quarters of the proposed trail alignment from Naches Avenue SW to Monster Road follows an
existing gravel maintenance road south of the BNSF east-west railroad tracks and north of the Black River, along
the northern perimeter of the Black River Riparian Forest, and within wetland buffer areas. The east trail
terminus is located at a cul-de-sac on Naches Avenue SW near an office park. The project is estimated at about
$3,000,000 and would take approximately 12 months to complete. The project is subject to federal funding
through Washington State Department ofTransportation and the Federal Highway Administration and
therefore requires federal regulatory review in addition to local jurisdictional review by the Cities of Tukwila
and Renton.
The applicant's submittal is based on the full 1.2-mile segment located in both Renton and Tukwila. The
applicant is requesting land use approvals from City of Renton and City ofTukwila for development within the
shoreline. This Hearing Examiner Report is only for the City of Renton project area, for a Shoreline Substantial
Development Permit, a Shoreline Conditional Use Permit, and a Shoreline Variance. SEPA was conducted by
City of Renton for both jurisdictions. A Shoreline Substantial Development Permit is required for any
development within the regulated Shoreline Master Program jurisdiction per RMC 4-9-190B.3. A Hearing
Examiner Conditional Use Permit is required per RMC 4-9-190B.4 for the proposed Overland Public Hiking and
Bicycle Trails Use and Expansion of Existing Over-Water Trails Use located within the Shoreline Natural Overlay
designation per the Shoreline Use Table of RMC 4-3-090E.l. A Shoreline Variance is required per RMC 4-9-190
for an activity or development that does not comply with the bulk, dimensional, and/or performance standards
of the program. There is an existing 10 to 12-foot wide trail/gravel road that is the same alignment that will be
used for the proposed trail improvement.
The applicant requests a Variance from the development standards for trails within wetlands and wetland
buffers. Specifically, the request is to allow a greater width for a trail, an impervious asphalt surface, and for
the trail to be allowed within the inner 50 percent of a wetland buffer. Per RMC 4-3-0SOD.2.d.ix.f, Recreational
Activities which do not significantly affect the function of the wetland or regulated buffer may be permitted
within Category II, Ill, or IV wetlands or their buffers and within a Category I wetland buffer if the following
criteria are met: (1) Trails shall not exceed 4 feet in width and shall be surfaced with gravel or pervious material,
including boardwalks; (2) The trail or facility is located in the outer 50 percent of the buffer area unless a
location closer to the wetland edge or within the wetland is required for interpretive purposes; (3) The trail or
facility is constructed and maintained in a manner that minimizes disturbance of the wetland or buffer. Trails
or facilities within wetlands shall be placed on an elevated structure as an alternative to fill; (4) Wetland
mitigation in accordance with subsection D2dx of this Section. The applicant is requesting a Variance from
criteria numbers 1 and 2 of RMC 4-3-0SOD.2.d.ix.f so that the proposed trail improvement can be greater than 4
feet in width, surfaced with asphalt, and within the inner 50 percent of wetland buffers within the Category II,
Ill, and IV wetlands associated with the project.
Segment A, as well as the longer Lake to Sound Trail, is part of a Regional Trail System that provides non-
motorized, alternative transportation and a recreational corridor for multiple trail users, including bicyclists,
pedestrians, skaters, and others. A goal of the Lake to Sound Trail is to provide non-motorized transportation
facilities to economically disadvantaged communities in southwest King County that have been historically
underserved by such facilities. Once complete, Segment A would become part of a larger planned system that
would serve employment and residential centers in South King County and connect to regional trails in Seattle
and the greater Regional Trail System network. Segment A would provide a much-needed trail connection
between the regional growth centers of Renton and Tukwila and safe passage under the heavy rail lines. In
addition to the Green River Trail, Segment A would connect to the Interurban Trail to the south, and in the
future to the Cedar River Trail.
HEX Report_Loke to Sound Trail Segment A_WAlS-000257
City of Renton Deportment of Com, -y & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
'earing Examiner Recommendation
WA15-000257, ECF, SSDP, 5-CUP, 5-V
Public Hearing Date: February 16, 2016 Page 5 of 40
I 1. FINDINGS OF FACT {FOF}:
1. The Planning Division of the City of Renton accepted the above master application for review on April
17, 2015 and determined the application complete on May 7, 2015. The project review was put on hold
June 18, 2015 and taken off hold and in review on December 21, 2015. The project complies with the
120-day review period.
2. The project site is a 1.2 mile trail corridor and located in both cities of Tukwila and Renton. The corridor
is located between Fort Dent and the Starfire Sports Complex in Tukwila at the west and Naches Ave
SW in Renton at the east with the majority of the corridor parallel an east-west railroad right-of-way in
the northern portion of the City of Renton Black River Riparian Forest area (Exhibit 13).
3. The project site is currently developed with an informal trail, with the majority of the trail corridor an
existing 10 to 12-foot wide gravel maintenance road east of Monster Road used as a trail in the Black
River Riparian Forest area, a crossing of the Black River via the Monster Road Bridge, through north-
south railroad right-of-ways, and connection to the Green River Trail at the developed Fort Dent Park in
Tukwila.
4. Access to the trail corridor would be provided via Fort Dent and the Starfire Sports Complex in Tukwila
at the west terminus, Naches Ave SW in Renton at the east terminus, and from Monster Rd SW.
5. The property is located within the Employment Area (EA) Comprehensive Plan land use designation.
6. The site is located within the Commercial Office (CO) and Resource Conservation (RC) zoning
classifications.
7. The proposed trail improvement, width, impervious surface, and location were adopted in the Renton
Trails and Bicycle Master Plan adopted in 2009 (Exhibit 38).
8. There are approximately 16,000 significant trees across the approximate 80 acre area of which the
applicant is proposing to remove 151 and retain a total of 7,849 trees which equates to 98 percent tree
retention rate(Exhibit 42).
9. The site is mapped with Shoreline Master Program 'Natural' Overlay for the Black River/Springbrook
shoreline, seven associated wetlands, and within the 100-year floodplain.
10. Within Renton's mapped floodplain, approximately 100.89 cubic yards of fill and 236.39 cubic yards of
excavation are proposed and the full length of the project has a net result of 135.5 cubic yards of soil
removal (Exhibit 5, page 6-1 and Appendix F, and Exhibit 32).
11. The applicant is proposing to begin construction in Spring 2016 and end 12 months following the start.
12. Staff received one agency comment letter, from the Muckleshoot Tribes Watersheds and Land Use
Team (Exhibits 11 and 29). The Environmental Review Committee SEPA report provided explanation of
the concerns provided by the Muckleshoot Tribes and responses. The Muckleshoot concerns regarded
two restoration plans along the Black River and Green River areas and what the proposal's impacts
would be to those restoration sites. The Muckleshoot also requested additional background regarding
the no net loss analysis.
13. No other public or agency comments were received.
14. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended),
on January 11, 2016 the Environmental Review Committee issued a Determination of Non-Significance -
Mitigated (DNS-M) for the Lake to Sound Regional Trail -Segment A (Exhibit 41). The DNS-M included
five mitigation measures. A 14-day appeal period commenced on January 15, 2016 and ended on
January 29, 2016. No appeals of the threshold determination have been filed.
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Deportment of Com ty & Economic Development 1earing Examiner Recommendation
LUA15-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 6 of 40
15. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee
(ERC) issued the following mitigation measures with the Determination of Non-Significance -Mitigated:
1. The applicant shall provide any updated geotechnical report for the Black River Bridge which shall
be submitted as part of required building permit application.
2. The applicant shall be required to comply with the recommendations included in the Draft
Geotechnical Report-Black River Bridge, prepared by HWA GeoSciences Inc, dated February 24,
2015, Exhibit 9, or any updated geotechnical report created for the project.
3. The applicant shall follow the bridge construction impacts avoidance measures as listed in Appendix
C of the September 2015 No-Effects Determination for the Lake to Sound Trail -Segment A, Exhibit
27.
4. The applicant shall follow the planting plan or an updated planting plan and monitoring and of the
Final Critical Areas Study Appendix E, prepared by Parametrix, dated April 2015, Exhibit 6.
5. If any Native American grave(s) or archaeological/cultural resources (Native American artifacts) are
found all construction activity shall stop and the owner/developer shall immediately notify the City
of Renton planning department, concerned Tribes' cultural committees, and the Washington State
Department of Archeology and Historic Preservation.
16. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development (Exhibits 16 and 36). 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.
17. Comprehensive Plan Compliance: The site is designated Shoreline Natural Overlay area on the City's
Shoreline Environment Overlay Map. The objective in designating a natural environment is to protect
and preserve unique and fragile shoreline or wetland environments that are ecologically intact as close
to their natural state as possible. The Natural Overlay area allows a variety of resource, recreation, and
enhancement development types. The proposal is compliant with the following shoreline policies if~
conditions of approval are met:
Compliance Renton ComprehE!nsive Plan Analysis ','
'
,/
Objective SH-F. Increase public accessibility to shorelines and preserve and improve the
natural amenities.
Policy SH-20. Public access should be provided consistent with the existing character of
the shoreline and consideration of opportunities and constraints for physical and visual
,/ access, as well as consideration of ecological functions, as provided in Policy SH-31
Table of Public Access Objectives by Reach, and in conjunction with the following
policies.
Policy SH-21. Public access to and along the water's edge should be available
throughout publicly owned shoreline areas although direct physical access to the
,/ water's edge may be restricted to protect shoreline ecological values. Public access
shall be provided over all public aquatic lands leased for private activity, consistent with
compatibility with water-dependent uses.
Policy SH-22. Public access from public streets shall be made available over public
,/
property and may be acquired by easement or other means over intervening private
property.
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
HEX Report_Lake to Sound Trail Segment A_LUA15-000257
City of Renton Department of Com, y & Economic Development earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 7 of 40
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.
Objective SH-H: Minimize the impacts of motor vehicle traffic and encourage non-
,/ motorized traffic within the shorelines as part of achieving no net loss.
Policy SH-41: Pedestrian and bicycle pathways, including provisions for maintenance,
,/ operation and security, should be developed.
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, of the City's Parks, Recreation and Open Space and Trails and Bicycle
Master Plan and of 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.
3) Public access to and along the water's edge should be linked with upland
community facilities and the comprehensive trails 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.
18. Shoreline Master Program General Development Standards Compliance: The site where the trail
corridor would be located is classified as Shoreline Natural Environment Overlay District on the City of
Renton Shoreline Overlay Map. Per RMC 4-3-090D, General Development Standards, the following
standards are applicable to all use and development activities within the shoreline and shall be used in
the evaluation of shoreline permits including Shoreline Substantial Development Permits. Renton
Municipal Code provisions in RMC 4-4 "City-wide Property Development Standards" contain regulations
and standards governing site development of property City-wide, such as parking, landscaping, fencing,
and others and such City-wide provisions shall apply within shoreline jurisdictions unless there is a
conflict with the standards set forth by the Shoreline Master Program. In case of conflict, the standards
set forth in the Shoreline Master Program shall prevail. The proposal is compliant with the following
development standards if fill conditions of approval are met:
Compliance Development Standards and Analysis
2. Environmental Effects
a. No Net Loss of Ecological Functions: .,,,
i. No Net Loss Required: Shoreline use and development shall be carried out in
a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological
functions and processes in all development and use. Permitted uses are designed and
HEX Report_Lake to Sound Trail Segment A_LUA15-000257
City of Renton Deportment of Com 'ty & Economic Development rearing Examiner Recommendation
LUA15-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 10 of 40
variable, the trail alignment was selected to follow existing topography to
the extent possible and to balance cuts and fills, reducing the need for
retaining walls ar large cut or fill areas.
Planting of trees. Where the trail runs adjacent to the Black River
Riparian Forest, native trees and shrubs will be planted along the south
side of the trail to provide additional visual screening of the trail from the
central portion of the natural area to the south. As these plants grow
taller and more dense, they will reduce the potential for trail use to
disturb nesting herons. Plantings will be monitored to ensure
establishment and long-term success.
Fencing. Fencing will be placed on the south side of the trail adjacent to
the Black River Riparian Forest in areas that appear inviting, to
discourage people from accessing the central portion of the natural area.
Vegetation planted for visual screening will further discourage intrusions.
Other wildlife viewing trails are provided on the south side of the forest.
Wayfinding signage at Naches Avenue SW, Oakesdale Avenue SW, and
Monster Road will describe the options.
• The following measures would be implemented before and during trail
construction to avoid or minimize effects on vegetation and wildlife
resources. These strategies would be implemented along with others
designed to avoid or minimize effects on other resources, such as
streams, wetlands, and soils. Those strategies would be expected to
provide additional protection to vegetation and wildlife resources within
ond adjacent to streams and wetlands.
• Limiting construction activity to a relatively small area immediately
adjacent to the existing cleared area to minimize vegetation clearing
and leave as much vegetation undisturbed as possible.
• Preparing and implementing a revegetation plan that emphasizes the
use of native species.
• Where the proposed trail alignment runs adjacent to the Black River
Riparian Forest, replacing all cleared trees over six inches diameter
with new seedlings in accordance with the City of Renton's regulatory
requirements.
• To minimize harm to migratory birds, conducting vegetation clearing
and construction activities outside the breeding season, which is
typically considered to extend from March 15 through August 31.
• Preventing disturbance of nesting great blue herons and their young
due to trail construction and other noise-generating activities by
implementing the following measure:
Within 1,312 feet of the Black River heron nesting colony,
conducting activities that are likely to disturb nesting
herons outside of sensitive periods /i.e., restrictions
would apply between January 15 and August 31).
Restricting activities would include major earthwork and
the use of heavy equipment and backup alarms.
Construction activities that employ the use of hand tools
would not be restricted.
If bald eagles construct a new nest within 660 feet of the trail
alignment before construction begins, additional measures, such as
timing restrictions on construction activities with the potential to
HEX Report_Lake to Sound Trail Segment A_WAlS-000257
City of Renton Department of Com, 'y & Economic Development earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 11 of 40
disturb nesting eagles, will be implemented. . All areas temporarily affected by construction would be restored ta
pre-construction conditions and re-planted or seeded with native
species.
d. The mitigation measures would be monitored, particularly the survival af
plants installed, and the effectiveness of wetland buffer mitigation and
corrective action implemented to assure that the specifications of the
mitigation plan are met.
e. To compensate for ecological function adverse impacts, the following are
measures the applicant proposes: . Habitat improvement and restoration would be implemented to mitigate
project-related effects on wetland buffers and stream buffers. The
mitigation plan focuses on providing compensatory mitigation measures
for riparian buffers and wetland buffers at equal or greater functions
than would be affected by the project. Impacts to wetland buffers and
stream buffers are generally replaced at a ratio of 1:1. The Black River
Riparian Forest falls within the jurisdiction of the City of Renton's
Shoreline Master Program, which specifies a replacement ratio of 1:1 for
impacts to wetland buffers. The mitigation site would be planted at a
ratio of at least 1: 1 to offset project impacts. The proposed mitigation
site is located near the proposed trail alignment but outside of the trail
right-of-way, on land owned by the City of Renton in the Black River
Riparian Forest natural area. Mitigation would consist of planting, or
underplanting, in an area where existing buffer conditions are degraded.
This type of mitigation would offset the project's impacts on buffer
resources by maintaining or enhancing those functions that support
water quality and habitat for fish and wildlife. Proposed enhancements
would include removal of invasive vegetation, tilling of soil, addition of
organic soil amendments {where needed} and mulch, and planting of
native vegetation. . Native trees and shrubs would be planted along approximately 250 feet
of the trail ta provide additional visual screening between the trail and
the great blue heron nesting colony. These additional plantings would be
located west of the nesting colony, where views toward the colony are
not already obscured by existing vegetation. The plantings would consist
of both evergreen and deciduous trees to block views, as well as densely
growing shrubs to discourage pedestrians from venturing off the trail.
Such plantings, combined with fence installation along the southern edge
of the alignment of the trail adjacent to the Black River Riparian Forest,
are expected to reduce the potential for disturbance.
The above staff comments provide the required analysis and review of the applicant's
submitted documents and identify that there is No Net Loss to the functions.
Additionally, the applicant has provided an impact evaluation for the proposal and an
evaluation of mitigation sequencing as required.
,/ b. Burden on Applicant: Applicants for permits have the burden of proving that the
proposed development is consistent with the criteria set forth in the Shoreline Master
HEX Report_Lake ta Sound Trail Segment A_LUAlS-000257
City of Renton Deportment of Com ity & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016
{earing Examiner Recommendation
LUA1S-0002S7, ECF, SSDP, S-CUP, S-V
Page 12 of 40
Program and the Shoreline Management Act, including demonstrating all reasonable
efforts have been taken to provide sufficient mitigation such that the activity does not
result in net loss of ecological functions.
Staff Comment: The applicant submitted Permit Narrative and Justification as a
summary to all the required standards of the City of Renton and Washington State
Shoreline Moster Programs. Additionally, the applicant submitted the required studies
that identify anticipated impacts and proposed mitigation measures to mitigate for any
potential impacts to the environment, shoreline areas, and regulated wildlife and
habitat. For staff's evaluation of net loss of ecological function, see subsection "2o.
Environmental Effects -No Net loss of Ecological Function" in FOF 18 above.
c. Critical Areas within Shoreline Jurisdiction: Unless otherwise stated, no
development shall be constructed, located, extended, modified, converted, or altered,
or land divided without full compliance with the provision adopted by reference and the
Shoreline Master Program. Within shoreline jurisdiction, the regulations of RMC 4-3-050
shall be liberally construed together with the Shoreline Master Program to give full
effect to the objectives and purposes of the provisions of the Shoreline Master Program
and the Shoreline Management Act. If there is a conflict or inconsistency between any of
the adopted provisions below and the Shoreline Master Program, the most restrictive
provisions shall prevail.
Staff Comment: The site is located within the Shoreline Natural Overlay, the 100-yeor
flood hazard area, and the pedestrian bridge would be located near sensitive and steep
slopes along the banks of the Block River.
The site is located primarily within the regulated Shoreline Moster Program 200-foot
shoreline jurisdiction of the Black River and within wetlands that are assaciated with the
shoreline area. Of the seven wetlands that ore along the proposal trail corridor, some of
the wetland may be outside of the shoreline regulated area, although this is not known
unless further biological assessment were conducted to determine if hydrology between
all identified wetlands and the shoreline area were determined to be separate.
Therefore, based on the Shoreline Moster Program being the most restrictive provision,
and based on the fact that no analysis has been conducted to determine if same af the
identified wetlands are not associated with the Black River shoreline area, this report
uses the Shoreline Moster Program regulations of RMC 4-3-090 for the project evaluation
rather than the Critical Areas Regulations of RMC 4-3-050.
Portions of the 1.2-mile trail corridor are located in the 100-year flood hazard area
(Exhibit 25). The proposal would not create a need for compensatory storage. The
proposed bridge and abutments are designed to be above the 100-year floodplain
elevation with the bottom of the bridge approximate 6 feet above the floodplain base
flood elevation. In the areas where the trail is below floodplain elevation, approximately
217 cubic yards of fill will be placed and approximately 242 cubic yards of excavation is
proposed across the full 1.2-mile trail length (Exhibit 5, page 6-1 and Appendix F, and
Exhibit 32). Within Renton, approximately 100.89 cubic yards of fill and 236.39 cubic
yards of excavation are proposed within the floodplain.
An evaluation of the slopes where the pedestrian bridge is proposed was provided by the
applicant through the submitted Geotechnical Report (Exhibit 9/. The Geotechnical
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Comn y & Economic Development earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 13 of 40
Report provides a review of the bridge span, the supporting foundations and construction
methods.
d. Wetlands within Shoreline Jurisdiction:
i. Wetland Identification: Wetlands shall be identified in accordance with the
requirements of RCW 36.70A.175 and 90.58.380. Unless otherwise provided for in this
Chapter, all areas within the City meeting the criteria in the Washington State Wetland
Identification and Delineation Manual (Ecology Publication No. 96-94), regardless of any
formal identification, are hereby designated critical areas and are subject to the
provisions of this Chapter.
ii. Wetland Rating System: Wetlands shall be rated based on categories that
reflect the functions and values of each wetland. Wetland categories shall be based on
the criteria provided in the Washington State Wetland Rating System for Western
Washington, revised August 2004.
iii. Wetland Review and Reporting Requirements: A wetland assessment
study shall be required.
iv. Wetland Buffers:
(ai Buffer Required: Wetland buffer zones shall be required for all
regulated activities adjacent to regulated wetlands. Any wetland
created, restored or enhanced as compensation for approved wetland
alterations shall also include the standard buffer required for the
" category of the created, restored or enhanced wetland. All buffers shall
be measured from the wetland boundary as surveyed in the field.
Buffers shall not include areas that are functionally and effectively
disconnected from the wetland by a permanent road or other
substantially developed surface of sufficient width and with use
characteristics such that buffer functions are not provided and that
cannot be feasibly removed, relocated or restored to provide buffer
functions.
(bl Buffer May Be Increased: The buffer standards required by this
Chapter presume the existence of a dense vegetation community in the
buffer adequate to protect the wetland functions and values. When a
buffer lacks adequate vegetation, the Administrator of the Department
of Community and Economic Development or designee may increase the
standard buffer, require buffer planting or enhancement, and/or deny a
proposal for buffer reduction or buffer averaging.
(c) Minimum Buffer Width: Required buffers for the identified Category
II, Ill, and IV wetlands are 50, 75, and 100-foot distances.
v. to viii. Not Applicable
ix. Allowed Activities in Wetlands and Buffers: The following uses and
activities, as proposed through the subject application, may be allowed in wetlands or
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Deportment of Com, y & Economic Development earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 14 of 40
buffer areas by the Administrator of the Department of Community and Economic
Development or designee subject to the priorities, protection, and mitigation
requirements of this Section:
(b) Roadways, Railways, and Bridges: Public and private roadways and railroad
facilities, including bridge construction and culvert installation, if the following
criteria are met:
(1) There is no reasonable location or route outside the wetland or
wetland buffer based on analysis of system needs, available technology
and alternative routes. Location within a wetland buffer shall be
preferred over a location within a wetland;
(2) Facilities parallel to the wetland edge are located as far from the
wetland edge as possible and in a manner that minimizes disturbance of
soils and vegetation;
(3) Clearing, grading, and excavation activities are limited to the
minimum necessary, which may include placement on elevated
structures as an alternative to fill, where feasible;
(4) Impacts on wetland functions are mitigated in accordance with
subsection D2dx of this Section.
(d) Existing Facilities: Maintenance, repair, or operation of existing structures,
facilities, or improved areas, including minor modification of existing
serviceable structures within a buffer zone where modification does not
adversely impact wetland functions, and subject to the provisions for
nonconforming use and facilities in chapter 4-10 RMC.
(f) Recreational or Educational Activities: Outdoor recreational or educational
activities which do not significantly affect the function of the wetland or
regulated buffer (including wildlife management or viewing structures,
outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be
permitted within Category II, Ill, or IV wetlands or their buffers and within a
Category I wetland buffer if the following criteria are met:
(1) Trails shall not exceed four feet (4') in width and shall be surfaced
with gravel or pervious material, including boardwalks;
(2) The trail or facility is located in the outer fifty percent (50%) of the
buffer area unless a location closer to the wetland edge or within the
wetland is required for interpretive purposes;
(3) The trail or facility is constructed and maintained in a manner that
minimizes disturbance of the wetland or buffer. Trails or facilities within
wetlands shall be placed on an elevated structure as an alternative to fill;
(4) Wetland mitigation in accordance with subsection D2dx of this
Section
HEX Report_Lake to Sound Trail Segment A_LUA15-000257
City of Renton Deportment of Com ty & Economic Development {earing Examiner Recommendation
LUA15-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 15 of 40
x. Wetland Mitigation Requirements: Activities that adversely affect wetlands
and/or wetland buffers shall include mitigation sufficient to achieve no net loss
of wetland function and values in accordance with subsection D7 of this
Section and this subsection. Compensatory mitigation shall be provided for all
wetland alteration and shall re-establish, create, rehabilitate, enhance, and/or
preserve equivalent wetland functions and values.
(a) Preferred Mitigation Sequence: Mitigation sequencing shall take
place in the prioritized order provided for in subsection D2aiii of this
Section.
(b) Consistency with Policies and Publications Required: Wetland
mitigation requirements shall be consistent with the applicable
standards for studies and assessment in Chapter 6 of: Washington State
Department of Ecology, U.S. Army Corps of Engineers Seattle District,
and U.S. Environmental Protection Agency Region 10, March 2006;
Wetland Mitigation in Washington State -Part 1: Agency Policies and
Guidance (Version 1); and Washington State Department of Ecology
Publication No. 06-06-0lla, Olympia, WA, except in cases when this
Code provides differing standards.
(c) Wetland alterations: Compensation for wetland alterations shall
occur in the following order of preference:
(1) Re-establishing wetlands on upland sites that were formerly
wetlands.
(2) Rehabilitating wetlands for the purposes of repairing or
restoring natural and/or historic functions.
(3) Creating wetlands on disturbed upland sites such as those
consisting primarily of nonnative, invasive plant species.
(4) Enhancing significantly degraded wetlands.
(S) Preserving Category I or II wetlands that are under imminent
threat; provided, that preservation shall only be allowed in
combination with other forms of mitigation and when the
Administrator of the Department of Community and Economic
Development or designee determines that the overall mitigation
package fully replaces the functions and values lost due to
development.
(d) Mitigation Ratios for Wetland Impacts: Compensatory mitigation for
wetland alterations shall be based on the wetland category and the type
of mitigation activity proposed. The replacement ratio shall be
determined according to the ratios provided in the table below. The
created, re-established, rehabilitated, or enhanced wetland area shall at
a minimum provide a level offunction equivalent to the wetland being
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department af Com, 'y & Economic Development 'earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 16 of 40
altered and shall be located in an appropriate landscape setting.
(e) Mitigation Ratio for Wetland Buffer Impacts: Compensation for
wetland buffer impacts shall occur at a minimum 1:1 ratio.
Compensatory mitigation for buffer impacts shall include enhancement
of degraded buffers by planting native species, removing structures and
impervious surfaces within buffers, and other measures.
(f) Special Requirements for Mitigation Banks: Mitigation banks shall not
be subject to the replacement ratios outlined in the replacement ratio
table above, but shall be determined as part of the mitigation banking
agreement and certification process.
(g) Buffer Requirements for Replacement Wetlands: Replacement
wetlands established pursuant to these mitigation provisions shall have
adequate buffers to ensure their protection and sustainability. The
buffer shall be based on the category in subsection D2dii of this Section;
provided, that the Administrator of the Department of Community and
Economic Development or designee shall have the authority to approve
a smaller buffer when existing site constraints (such as a road) prohibit
attainment of the standard buffer.
(h) Adjustment of Ratios: The Administrator of the Department of
Community and Economic Development or designee shall have the
authority to adjust these ratios when a combination of mitigation
approaches is proposed. In such cases, the area of altered wetland shall
be replaced at a 1:1 ratio through re-establishment or creation, and the
remainder of the area needed to meet the ratio can be replaced by
enhancement at a 2:1 ratio. For example, impacts to one acre of a
Category II wetland requiring a 3:1 ratio for creation can be
compensated by creating one acre and enhancing four (4) acres (instead
of the additional two (2) acres of creation that would otherwise be
required).
(i) Location: Compensatory mitigation shall be provided on-site or off-
site in the location that will provide the greatest ecological benefit and
have the greatest likelihood of success; provided, that mitigation occurs
as close as possible to the impact area and within the same watershed
sub-basin as the permitted alteration.
{j) Protection: All mitigation areas whether on-or off-site shall be
permanently protected and managed to prevent degradation and ensure
protection of critical area functions and values into perpetuity.
Permanent protection shall be achieved through deed restriction or
other protective covenant in accordance with RMC 4-3-050E4.
(k) Timing: Mitigation activities shall be timed to occur in the appropriate
season based on weather and moisture conditions and shall occur as
soon as possible after the permitted alteration.
HEX Report_Lake to Sound Trail Segment A_LUA15-000257
City of Renton Deportment of Com 'ty & Economic Development fearing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 17 of 40
(I) Wetland Mitigation Plans Required: Wetland mitigation plans shall be
prepared in accordance with RMC 4-3-050M16. All compensatory
mitigation projects shall be monitored for a period necessary to establish
that performance standards have been met, but generally not for a
period less than five (5) years. Reports shall be submitted quarterly for
the first year and annually for the next five (5) years following
construction and subsequent reporting shall be required if applicable to
document milestones, successes, problems, and contingency actions of
the compensatory mitigation. The Administrator of the Department of
Community and Economic Development or designee shall have the
authority to modify or extend the monitoring period and require
additional monitoring reports for up to ten (10) years when any of the
following conditions apply:
(1) The project does not meet the performance standards
identified in the mitigation plan;
(2) The project does not provide adequate replacement for the
functions and values of the impacted critical area;
(3) The project involves establishment of forested plant
communities, which require longer time for establishment.
xi. Development Standards Near Wetlands: Development standards for
adjacent development shall minimize adverse effects on the wetland, and shall
include:
(a) Subdivision of land shall assure that each lot has sufficient building
area outside wetlands and buffers. Lots in subdivisions shall be oriented
whenever feasible to provide a rear yard of at least twenty feet (20')
between the buffer area and buildings;
{b) Fencing shall be provided at the perimeter of residential
development to limit domestic animal entry into wetlands and buffer
areas;
{c) Activities that generate noise shall be located as far from the wetland
and buffer as feasible. Roads, driveways, parking lots and loading areas,
mechanical or ventilating equipment shall be located on sides of
buildings away from the wetland, or separated by noise attenuating
walls;
(d) Light penetration into buffer areas and wetlands shall be limited by
locating areas requiring exterior lighting away from the wetland
boundary, or limiting light mounting heights to a maximum of four feet
(4'). Windows that will be lit at night should be minimized on the side of
buildings facing wetlands and buffers, or screened as provided below;
(e) Runoff should be routed to infiltration systems, to the maximum
extent feasible, to provide groundwater interflow recharge to wetlands
HEX Report_Lake to Sound Trail Segment A_LUA15·000257
City of Renton Department of Com ity & Economic Development Hearing Examiner Recommendation
LUA15·000257, ECF, SSDP, S-CUP, S·V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 18 of 40
and/or water bodies and to limit overland flow and erosion;
(f) Surface or piped stormwater should be routed to existing
conveyances or to other areas, wherever hydraulic gradients allow.
Where stormwater is routed to wetlands, system design shall assure that
erosion and sedimentation will be avoided to the maximum extent
feasible;
(g) To prevent channelized flow from lawns and other landscaped areas
from entering the buffer, and to prevent washing of fertilizers, herbicides
and pesticides into the buffer, if slopes adjacent to the buffer exceed
fifteen percent (15%), a ten feet (10') wide swale to intercept runoff or
other effective interception facility approved by the Administrator of the
Department of Community and Economic Development or designee shall
be provided at the edge of the buffer;
(h) Adopt and implement an integrated pest management system
including limiting use of fertilizers, herbicides and pesticides within
twenty five feet (25') of the buffer.
xii. Vegetation Management Plan Required: In order to maintain effective
buffer conditions and functions, a vegetation management plan shall be
required for all buffer areas, to include:
(a) Maintaining adequate cover of native vegetation including trees and
understory; if existing tree cover is less than a density of twenty (20)
trees per acre, planting shall be required consisting of seedlings at a
density of three hundred (300) stems per acre or the equivalent;
(b) Providing a dense screen of native evergreen trees at the perimeter
of the buffer if existing vegetation is not sufficient to prevent viewing
adjacent development from within the buffer. Planting shall be required
equivalent to two (2) rows of three feet (3') high stock of native
evergreens at a triangular spacing of fifteen feet (15'), or three (3) rows
of gallon containers at a triangular spacing of eight feet (8'). Fencing may
be required if needed to block headlights or other sources of light or to
provide an immediate effective visual screen;
(c) Providing a plan for control of invasive weeds, and removal of existing
invasive species;
(d) Providing for a monitoring and maintenance plan for a period of at
least five (5) years, except this provision may be waived for single family
residential lots at the discretion of the Administrator of the Department
of Community and Economic Development or designee.
Staff Comment: The submitted Critical Areas Report identified seven wetlands along the
trail corridor, all within the Black River Riparian Forest area (Exhibit 6, page 3-2 ta 3-6}.
Five of the wetlands were delineated in their entirety and two larger wetland complexes
were delineated near the trail alignment that extend further south into the Riparian
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Comr y & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016
~aring Examiner Recommendation
LUA15-000257, ECF, SSOP, 5-CUP, S-V
Page 19 of 40
Forest area and further away from the proposed trail improvement. Two Category II,
three Category Ill, and two Category IV wetlands were identified. Required buffers for
the identified Category II, Ill, and IV wetlands are 100, 75, and 50 feet respectively. The
existing developed gravel road is located along the wetland areas. Buffers are identified
as less than the required buffer along some of the corridor where the existing gravel road
is located because "buffers shall not include areas that are functionally and effectively
disconnected from the wetland by a permanent road or other substantially developed
surface of sufficient width and with use characteristics such that buffer functions are not
provided and that cannot be feasibly removed, relocated or restored to provide buffer
functions" per RMC 4-3-090D.2.d.iv.o.
The proposed non-motorized/pedestrian bridge is on allowed activity in o wetland and
associated buffer as there is no other reasonable location, is located within the Wetland
5 buffer area and not the wetland, clearing and excavation activities would be limited to
the minimum necessary, and any impacts would be mitigation for.
Recreational activities, including the proposed trail, is an allowed use within the Category
II, Ill, and IV wetland buffers. Such trails ore limited in their width and surface material
and locotion. The applicant hos requested o Variance to exceed the development
standards for trails within the wetland buffers. See FOF 20 and 21 for staff's analysis of
the Variance request, the applicant's justification, and staff's recommended approval of
the requests.
The applicant proposes mitigation for the impacts to the shoreline area and associated
wetland buffers. There would be no impacts to the wetlands (Exhibit 4). There would be
wetland buffer impacts and buffer impacts are anticipated to be approximately 21,321
square feet of permanent impacts and 5,302 square feet of temporary construction
impacts. The proposal would provide 98,297 square feet of restoration area for
screening of the Heron colony, mitigation planting sites, and shoreline buffer vegetation
conservation plantings (Exhibit 31).
Proposed conceptual mitigation is detailed in the Critical Areas Report (Exhibit 6) and
includes enhancement of approximately 0.68 acre of wetland buffer and 0.19 acre of
stream buffer at Mitigation Site 1 to mitigate the area of buffer displaced by the trail and
enhancement of approximately 0.19 acre of stream buffer at Mitigation Site 2 for ground
improvements at bridge abutments. At Mitigation Site 1, the proposed enhancement
would include removal of invasive vegetation, tilling of soil, addition of compost (where
needed) and mulch, and planting of native vegetation. At Mitigation Site 2, the proposed
enhancement would include removal of invasive vegetation, rock ond concrete pieces
would be removed, soil and mulch installed, and native vegetation planted. Mitigation
would consist of planting, or underplonting, in on area where existing riparian conditions
ore degraded. This type of mitigation would offset the project's impacts on stream
resources by maintaining or enhancing those riparian functions that support water
quality and fish habitat. The riparian functions that would benefit from mitigation include
L WD recruitment, stream temperature regulation, bank stability, leaf litter recruitment,
and water quality functions. The goo/ of the mitigation effort is to augment the Black
River corridor by establishing native vegetation and enhancing buffer functions of the
stream and Wetland 7 in areas dominated by invasive species. These efforts would meld
with previous and future enhancement activities performed by others. Other oreos of
wetland buffer would be enhanced in accordance with RMC 4-03-090.D.2.d.xii. to
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com "ty & Economic Development /earing Examiner Recommendation
LUA1S-0002S7, £CF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 20 of 40
maintain effective buffer conditions and functions where existing tree cover is less than a
density of twenty (20} trees per acre, and where existing vegetation is not sufficient to
prevent viewing the trail fram within the buffer.
3. Use Compatibility and Aesthetic Effects,· View Obstruction and Visual Quality:
Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet
above average finished grade level except at specific locations .
.;'
Staff Comment: No new buildings are proposed. The project is an at grade trail with a
bridge that would extend less than 35 feet above the finished grade level where it would
cross the Black River. The bridge height is approximately 7 J, feet in height (Exhibit 30).
Community Disturbances: Noise, odors, night lighting, water and land traffic, and other
structures and activities shall be considered in the design plans and their impacts
avoided or mitigated.
Stoff Comment: Community disturbances have been considered in the design of the
.;'
subject proposal. No permanent lighting is proposed. There is no water traffic within the
Black River where the bridge would be placed. Land traffic may be impacted where trail
improvements occur near Monster Rd SW and a traffic control plan is required with right-
of-way use permits that will be submitted for. Noise is only anticipated during the
construction of the trail corridor and analysis of the noise has been submitted by the
applicant and is identified and evaluated within the Vegetation and Wildlife Discipline
report {Exhibit 8} and Bridge Biological Assessment (Exhibit 14).
Other Design Standards: Any other design standards included in community plans or
regulations adopted by the City shall be incorporated.
Staff Comment: The project must meet Federal and Washington State Department of Compliant Transportation requirements for non-motorized multi-use trails. The subject project is if Variance identified in the City of Renton Trails and Bicycle Master Plan, adoption date May 11, in FOF 21 2009. The proposed trail footprint and widths are consisted with the Federal and State and 22 is transportation departments and the City of Renton Trails and Bicycle Master Plan (Exhibit approved x) if the trail width and surface variance is approved in the wetland buffers. if the
variance is not approved the trail would not comply with the Federal and Washington
State Department of Transportation requirements for non-motorized multi-use trials or
the City of Renton Trails and Bicycle Master Plan.
4. Public Access '
a. Physical or Visual Access Required for New Development: Physical or visual access to
shorelines shall be incorporated in all new development when the development would
either generate a demand for one or more forms of such access, would impair existing
legal access opportunities or rights, or is required to meet the specific policies and
regulations of the Shoreline Master Program. A coordinated program for public access
.;' for specified shoreline reaches is established in the Comprehensive Plan, Shoreline Policy
SH-31 Table of Public Access Objectives by Reach Element, Policy SH-31 with provisions
for public access, including off-site facilities designated in the table Public Access
Requirements by Reach in subsection D4f of this Section.
Staff Comment: City of Renton Shoreline Policy SH-31 "Public Access Objectives by
Reach" in Comprehensive Plan Appendix B, identifies for the Black River/Springbrook A
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com. ty & Economic Development 1earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 21 of 40
Reach that public agency actions to improve public access should include acquisition of
trail rights to connect the trail system to the Green River Trail and Fort Dent Pork, that
expansion of public access should occur only if consistent with ecological functions, and
that the existing trail system should be retained and possibly enhanced. The proposal to
improve the existing trail corridor would implement the public access objectives for the
reach and connect to the Green River Trail and larger regional trails system as identified
in the City Shoreline Master Program.
b. Public Access Required: Public access shall be provided. Non-water-dependent
development and uses, as are proposed in the subject application, shall provide
community and/or public access consistent with the specific use standards in subsection
RMC 4-3-090E, Use Regulations, unless ecological restoration is provided.
,/'
Staff Comment: Public access will not be directly provided to the ordinary high water
mark or water edge, but public access within the Shoreline Overlay in specific areas such
as the bridge crossing over the Black River and as the trail corridor runs parallel the Block
and Green Rivers west of Monster Rd SW.
5. Design Criteria for Public Access Sites
i. Walkways or Trails Required in Vegetated Open Space: Public access on sites where
vegetated open space is provided along the shoreline shall consist of a public pedestrian
walkway parallel to the OHWM of the property. The walkway shall be buffered from
sensitive ecological features, may be set back from the water's edge, and may provide
limited and controlled access to sensitive features and the water's edge where
appropriate. Fencing may be provided to control damage to plants and other sensitive
ecological features and where appropriate. Trails shall be constructed of permeable
materials and limited to four feet (4') to six feet (6') in width to reduce impacts to
ecologically sensitive resources.
,/' Staff Comment: Vegetated open space is located along the shoreline except far the Black
River bridge crossing. The proposed trail alignment would use the existing trail/gravel
road alignment that parallels portions of the Black River shoreline and vegetated open
space. The proposed trail improvements would be buffered from sensitive ecological
features such as the Heron colony and wetlands, if all mitigation is implemented. Tree
and vegetation clearing along the trail alignment would occur within 10 and 20 feet of
the trail (Exhibit 12) and new native plantings would be installed in those cleared areas.
Fencing is proposed between the trail and sensitive features and the shoreline to control
potential damage to plants and other sensitive ecological features where appropriate.
For example, fencing locations to protect entry towards the Heron colony would be
provided.
iv. Resolution of Different Standards: Where City trail or transportation plans and
development standards specify dimensions that differ from those in subsections RMC 4-
3-090D4di, D4dii, or D4diii, the standard that best serves public access, while recognizing
constraints of protection and enhancement of ecological functions, shall prevail.
,/'
Staff Comment: The proposal is based on the City of Renton Trails and Bicycle Master
Plan document with a 12-foot paved trail and 2-foot gravel shoulders on either side and
is designed to meet Federal and State standards for multi-use nonmotorized trail systems
(Exhibit 38, pages 152-154). These standards differ from the standards listed in this
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Deportment of Com, y & Economic Development earing Examiner Recommendation
LUA15-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUNO REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 22 of 40
section. The proposal would have a trail greater than 4 to 6 feet in width and have an
impervious surface. The applicant is requesting a Variance to approve the wider trail
footprint and impervious asphalt surface. See FOFs 20 and 21 for staff's evaluation of
the Variance request and recommendation that the Variance request be granted. Based
on the Shoreline Policies identified above in FOF 17, the adopted City of Renton Trails and
Bicycle Master Plan, the Federal and State standards for multi-use non-motorized trails
systems, and the proposed mitigations staff believes the proposed project best serves
public access and provides protection and enhancement of the ecological functions and
therefore the Federal and State standard of 12-foot paved trail with a 2-foot gravel
shoulder should prevail.
6, Public Access Development Standardst Public access facilitlesif,hall incorpon1te the folfowing design
and other features:
i. Relation to Other Facilities:
(a) Preferred Location: Public access shall be located adjacent to other public areas,
accesses, and connecting trails, connected to the nearest public street, and include
provisions for handicapped and physically impaired persons, where feasible.
(b) Parking Requirements: N/A
(c) Planned Trails to Be Provided: Where public trails are indicated on the City's
,/ transportation, park, or other plans, construction of trails shall be provided within
shoreline and non-shoreline areas of a site.
Staff Comment: The proposal is o trail corridor within the shoreline area. The proposed
trail improvement would not provide direct physical access ta the shoreline. The proposal
would connect to nearby streets, be accessible for handicapped and physically impaired
persons, and provide connections to nearby trail systems including the Green River and
Interurban trails. No parking is allowed within the Shoreline Natural Overlay area. The
proposal would implement the City of Renton's multi-use trail plan for this trail corridor.
ii. Design:
(a) General: Design of public access shall provide the general public with
opportunity to reach, touch, and enjoy the water's edge and to view the water and
the shoreline from adjacent locations and shall be as close horizontally and
vertically to the shoreline's edge as feasible; provided, that public access does not
adversely affect sensitive ecological features or lead to an unmitigated reduction in
ecological functions.
,/ (b) Privacy: Design shall minimize intrusions on privacy of adjacent use by avoiding
locations adjacent to residential windows and/or outdoor private residential open
spaces or by screening or other separation techniques.
Stoff Comment: There ore no residential areas located near the proposed trail corridor.
Privacy impacts are limited if any. Noise is only anticipated for the construction of the
trail corridor. See comments above related to the trail proximity to the shoreline, where
no physical connection would be provided although viewable areas would be provided
along the trail alignment.
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com, ty & Economic Development 'earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 23 of 40
iii. Use and Maintenance:
(a) Public Access Required for Occupancy: Required public access sites shall be fully
developed and available for public use at the time of occupancy of the use or
activity or in accordance with other provisions for guaranteeing installation through
a monetary performance assurance.
(b) Maintenance of Public Access Required: Public access facilities shall be
maintained over the life of the use or development. Future actions by successors in
interest or other parties shall not diminish the usefulness or value of required
public access areas and associated improvements.
(c) Public Access Must Be Legally Recorded: Public access provisions on private land
shall run with the land and be recorded via a legal instrument such as an easement,
or as a dedication on the face of a plat or short plat. Such legal instruments shall be
recorded prior to the time of building occupancy or plat recordation, whichever
comes first.
(d) Maintenance Responsibility: Maintenance of the public access facility shall be
the responsibility of the owner unless otherwise accepted by a public or nonprofit
,/' agency through a formal recorded agreement.
(e) Hours of Access: Public access facilities shall be available to the public twenty
four (24) hours per day unless an alternate arrangement is granted though the
initial shoreline permitting process for the project. Changes in access hours
proposed after initial permit approval shall be processed as a shoreline conditional
use.
(f) Sign age Required: The standard State-approved logo or other approved signs
that indicate the public's right of access and hours of access shall be installed and
maintained by the owner. Such signs shall be posted in conspicuous locations at
public access sites and at the nearest connection to an off-site public right-of-way.
Stoff Comment: The proposal is o public trail that would be maintained by either King
County DNRP/Porks or the City of Renton Pork Deportment over the life of the
improvement. Appropriate signoge would be provided that state the hours of access and
policies for trail use. The trail corridor is primarily on publicly owned pork fonds and
right-of-way with the exception of the north-south railroad lines where the Tukwila and
Renton boundary is located. Public access would be recorded on these railroad owned
parcels.
7. Public Access Requirements by Reach: The following table identifies the performance standards for
public access within the shoreline, and shall be applied if required by the use regulations or
development standards of the Shoreline Master Program.
Black River/Springbrook Reach A: Public physical access from a trail parallel to the
water should be provided as private lands redevelop. Expansion of public access in the
,/'
Black River Riparian Forest should occur only if consistent with ecological functions. A
trail system is present on the west side of the stream adjacent to the sewage treatment
plant and should be retained and possibly enhanced to connect to the Lake to Sound
Trail.
HEX Report_Loke to Sound Trail Segment A_LUA15-000257
City of Renton Deportment of Com, -y & Economic Development 'earing Examiner Recommendation
WAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 26 of 40
ii. Coordination Encouraged: Owners of property containing identified or probable
historical, cultural, or archaeological sites are encouraged to coordinate well in advance
of application for development to assure that appropriate agencies such as the
~ Washington State Department of Archaeology and Historic Preservation, affected tribes,
and historic preservation groups have ample time to assess the site and identify the
potential for cultural resources.
Staff Comment: See comment above under FOF 18, Si. "Archaeological, Historical, and
Cultural Resources -Detailed Cultural Assessments May Be Required."
iii. Detailed Cultural Assessments Required: Upon receipt of application for a
development in an area of known or probable cultural resources, the City shall require a
site assessment by a qualified professional archaeologist or historic preservation
~ professional and ensure review by qualified parties including the Washington State
Department of Archaeology and Historic Preservation, affected tribes, and historic
preservation groups.
Staff Comment: See comment above under FOF 18, Si. "Archaeological, Historical, and
Cultural Resources -Detailed Cultural Assessments May Be Required."
iv. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or
artifacts are discovered in the process of development, work on that portion of the site
shall be stopped immediately, the site secured, and the find reported as soon as possible
to the Administrator of the Department of Community and Economic Development or
designee. Upon notification of such find, the property owner shall notify the Washington
~ State Department of Archaeology and Historic Preservation and affected tribes. The
Administrator of the Department of Community and Economic Development or designee
shall provide for a site investigation by a qualified professional and may provide for
avoidance, or conservation of the resources, in coordination with appropriate agencies.
Staff Comment: See comment above under FOF 18, Si. "Archaeological, Historical, and
Cultural Resources -Detailed Cultural Assessments May Be Required."
v. Access for Educational Purposes Encouraged: Land owners are encouraged to provide
access to qualified professionals and the general public if appropriate for the purpose of
~ public education related to a cultural resource identified on a property.
Staff Comment: See comment above under FOF 18, Si. "Archaeological, Historical, and
Cultural Resources -Detailed Cultural Assessments May Be Required."
6. Use Regulations:
a. Recreation Use: Public Hiking and Bicycle Trails, Over land
Over land public hiking and bicycle trails shall be provided when the use does not
degrade the ecological functions or natural character of the shoreline area. This use is a
Hearing Examiner Conditional Use within the Natural Environment Shoreline Overlay
~ provided that the use does not degrade the ecological functions or natural character of
the shoreline area.
Staff Comment: See FOF 19, Conditional Use analysis. Staff's recommendation to
Hearing Examiner that the use be allowed as the proposal meets the Conditional Use
criteria. The ecological functions and natural character of the shoreline area has been
HEX Report_Lake to Sound Trail Segment A_WAlS-000257
City of Renton Department of Com, -y & Economic Development fearing Examiner Recommendation
LUAlS-000257, ECF, SSDP, 5-CUP, 5-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 27 of 40
evaluated in the Environmental Review Committee Report (SEPA), dated January 11,
2016, and by the applicant's submitted studies which have determined that there will be
no net loss of ecological function and values of the Black River shoreline and associated
wetlands (Exhibits 1 and 6).
b. Recreation Use: Expansion of Existing Over-Water Trails
Expansion of Existing Over-Water Trails: This expansion is a Hearing Examiner
Conditional Use within the Natural Environment Shoreline Overlay. No new over-water
trails shall be allowed unless it is part of the expansion of an existing over-water trail or
over-water trail system. Such expansions shall be considered a conditional use if allowed
in the Public Access Requirements by Reach Table, per RMC 4-3-090D4f, and if impacts
are limited.
Staff Comment: See FOF 19, Conditional Use analysis. Staff's recommendation to the
Hearing Examiner that the use be allowed because the proposal meets the Conditional
,/ Use criteria. The proposed trail development is an expansion of an existing informal trail.
The portion of proposed trail on City-owned property has been used as o trail since the
City acquired the property in the early 1990s. Access to the trail is provided by sidewalks
on the Monster Road bridge over the Black River which constitutes an existing over-water
trail as part af the existing trail system (Exhibits 32 and 38). Improvements of the
Monster Road bridge with the trail width and safety upgrades were considered. The
upgrades and unknowns are considered too dangerous by the City of Renton' s analysis
given the likely negative impacts ta the structural integrity af the bridge. The new bridge
would provide a safe Black River crossing for the improved multi-use trail that the
Monster Raad bridge has provided historically.
c. All Recreation Uses: Additional Standards
a. When Allowed: Recreation activities are allowed when:
i. There is no net loss of ecological functions, including on-and off-site mitigation.
ii. Water-related and water-enjoyment uses do not displace water-dependent uses
and are consistent with existing water-related and water-enjoyment uses.
iii. The level of human activity involved in passive or active recreation shall be
,/ appropriate to the ecological features and shoreline environment.
iv. State-owned shorelines shall be recognized as particularly adapted to providing
wilderness beaches, ecological study areas, and other recreational uses for the
public in accordance with RCW 90.58.100(4).
Staff Comment: The proposal meets the above criteria. The proposal would not cause
net loss of ecological functions, (see analysis in subsection "2a. Environmental Effects -
No Net Loss of Ecological Function" in FOF 18 above), displace water-dependent uses,
and would provide the appropriate human activity for the shoreline environment where
human activity would be limited to the trail use.
b. Location Relative to the Shoreline: Activities provided by recreational facilities must
,/ bear a substantial relationship to the shoreline, or provide physical or visual access to
the shoreline.
HEX Repart_Lake ta Sound Trail Segment A_LUAlS-000257
City of Renton Deportment of Com ty & Economic Development /earing Examiner Recommendation
LUA15-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 28 of 40
i. Water-dependent recreation such as fishing, swimming, boating, and wading
should be located on the shoreline.
ii. Water-related recreation such as picnicking, hiking, and walking should be
located near the shoreline.
iii. Non-water-related recreation facilities shall be located inland. Recreational
facilities with large grass areas, such as golf courses and playing fields, and facilities
with extensive impervious surfaces shall observe vegetation management
standards providing for native vegetation buffer areas along the shoreline.
c. Over-Water Structures: Over-water structures for recreation use shall be allowed only
when:
i. They allow opportunities for substantial numbers of people to enjoy the
shorelines of the State.
ii. They are not located in or adjacent to areas of exceptional ecological sensitivity,
especially aquatic and wildlife habitat areas.
iii. They are integrated with other public access features, particularly when they
v' provide limited opportunities to approach the water's edge in areas where public
access is set back to protect sensitive ecological features at the water's edge.
iv. No net loss of ecological functions will result.
Staff Comment: The trail proposal includes a new bridge for crossing the Black River as
the alternative to usage of the Monster Road Bridge that has been used historically for
the trail connection across the river. The new bridge would allow opportunities for a
substantial number of people to view and enjoy the Black River. The new bridge is not
located near exceptional ecological sensitive oreas where the location is between the
Monster Road Bridge and Regional Sewer Treatment facility.
d. Public Recreation: Public recreation uses shall be permitted within the shoreline only
when the following criteria are considered:
i. The natural character of the shoreline is preserved and the resources and ecology
of the shoreline are protected.
ii. Accessibility to the water's edge is provided consistent with public safety needs
and in consideration of natural features.
v' iii. Recreational development shall be of such variety as to satisfy the diversity of
demands of the local community.
iv. Water-related and water-enjoyment uses do not displace water-dependent uses
and uses are consistent with existing water-related and water-enjoyment uses.
v. Recreational development is located and designed to minimize detrimental
impact on the adjoining property.
vi. The development provides parking and other necessary facilities to handle the
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com ity & Economic Development /earing Examiner Recommendation
LUA15-0002S7, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 29 of 40
designed public use.
vii. Effects on private property are consistent with all relevant constitutional and
other legal limitations on regulation or acquisition of private property.
viii. Public parks and other public lands shall be managed in a manner that provides
a balance between providing opportunities for recreation and restoration and
enhancement of the shoreline. Major park development shall be approved only
after a master planning process that provides for a balance of these elements.
Staff Comment: The above criteria are met through the proposal. The proposal provides
a balance between recreation and restoration of the shoreline area and the shoreline
ond sensitive areas along the trail alignment would be preserved during construction
and once completed.
d. Transportation! New and expanded transportation facilities shall be designed to achieve no net
loss of ecological functions within the shoreline .. To the maximum extent feasible the following
standards shall be applied to all transportation projects and facilities. Additional standards
specific to trails are required.
,/
,/
,/
,/
Facilities shall be located outside of the shoreline jurisdiction and as far from the
land/water interface as possible. Expansion of existing transportation facilities shall
include analysis of system options that assess the potential for alternative routes outside
shoreline jurisdiction or set back further from the land/water interface.
Staff Comment: The proposal would improve an existing gravel road and informal trail
system. Most of the existing trail to be improved is within shoreline jurisdiction. The
proposal would achieve no net loss of ecological functions within the shoreline.
Facilities shall be located and designed to avoid significant natural, historical,
archaeological, or cultural sites, and mitigate unavoidable impacts.
Stoff Comment: The proposal would improve an existing grovel road and informal trail
system. No natural, historical, archeolagical, or cultural sites have been identified that
would require mitigation.
Facilities shall be designed and maintained to prevent soil erosion, to permit natural
movement of groundwater, and not adversely affect water quality or aquatic plants and
animals over the life of the facility.
Stoff Comment: The trail corridor is designed to prevent soil erosion, permit natural
movement of groundwater, and not adversely affect water quality or aquatic plants and
animals over the life of the facility. Analysis of the use of the trail corridor and
construction of the corridor on soil, groundwater, and aquatic plants ond animals were
provided by the project applicant. The trail surface is considered ta be a nan-pollution
generating surface. The trail improvement is a surface improvement, other than the new
bridge support system, and would not impact natural groundwater movement.
All debris and other waste materials from construction shall be disposed of in such a way
as to prevent their entry by erosion into any water body and shall be specified in
submittal materials.
Staff Comment: The applicant submitted o construction mitigation plan and geotechnicol
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Cam, y & Economic Development earing Examiner Recommendation
WAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 30 of 40
report that outline how debris, grading of soils, and erosion control would be handled
during construction (Exhibits 9 and 15/.
Facilities shall avoid the need for shoreline protection.
,/' Stoff Comment: The proposal does not require shoreline protection as it is primarily an at
grade trail, with the exception of the bridge crossing. The Bridge is designed to fully span
the stream (Exhibit 30).
Facilities shall allow passage of flood waters, fish passage, and wildlife movement by
using bridges with the longest span feasible or when bridges are not feasible, culverts
and other features that provide for these functions.
,/'
Staff Comment: The proposal does not impact passage of flood waters, fish passage, and
wildlife movement and uses an approximate 109-foot pedestrian bridge to span the Black
River and is designed to be 6 feet above the base flood elevation.
Facilities shall be designed to accommodate as many compatible uses as feasible,
including, but not limited to: utilities, viewpoint, public access, or trails.
,/' Staff Comment: The proposed non-motorized multi-use path allows as many compatible
uses as feasible including for public viewpoints along the shorelines, alternative
transportation travel modes, and active and passive recreational opportunities such as
walking and bicycling.
Trails that provide public access on or near the water shall be located, designed, and
maintained in a manner that protects the existing environment and shoreline ecological
functions. Preservation or improvement of the natural amenities shall be a basic
consideration in the design of shoreline trails.
Stott Comment: The proposal would improve an existing gravel road and informal trail
,/' system. The proposal uses the existing road corridor and informal trail system and would
be maintained in a manner that protects the existing environment and shoreline
ecological functions. Preservation of the natural areas the trail corridor passes through is
part of the proposal through mitigation plantings. Approximately 98,297 square feet
along the trail corridor is proposed to be restored and/or improved through removal of
invasive species and plantings of native species (Exhibit 31).
The location and design of trails shall create the minimum impact on adjacent property
owners including privacy and noise.
,/' Staff Comment: There are few property owners adjacent the proposal. The existing
surrounding uses are industrial, railroad, and office park related. Limited noise is
anticipated from the users of the trail corridor once construction is completed.
Over-water structures may be provided for trails in cases where:
,/'
(a) Key trail links for local or regional trails must cross streams, wetlands, or other
water bodies.
(b) For interpretive facilities.
HEX Report_Lake to Sound Trail Segment A_LUA15-000257
City of Renton Deportment of Com, y & Economic Development earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 31 of 40
(c) To protect sensitive riparian and wetland areas from the adverse impacts of at
grade trails, including soil compaction, erosion potential and impedance of surface
and groundwater movement.
Stott Comment: The subject 1.2-mile trail segment includes a new bridge that would
cross the Black River east of the existing Monster Road Bridge trail crossing and within
proximity af the South County Sewage Treatment Plant. The proposal is part af a
Federally funded King County regional non-motorized transportation corridor that will
connect multiple jurisdictions and provide alternative transportation options and
increased recreational opportunities. The proposal is o key missing link of the larger 16-
mile regional Lake to Sound Trail corridor.
Trail width and surface materials shall be appropriate for the context with narrow soft
surface trails in areas of high ecological sensitivity where the physical impacts of the trail
and the number of users should be minimized with wider hard-surfaced trails with
higher use located in less ecologically sensitive areas.
Stoff Comment: The proposed trail corridor route uses on existing rood corridor for much .., of the 1.2-mile segment. A 16-foat wide trail footprint is proposed, with o 12-foot
asphalted surface in the center and 2-foot grovel edges. Because the corridor is primarily
developed with an existing 10 to 12-foot wide gravel road, developed right-of-way, and
undercrossing af multiple roilraod lines, there are limited physical impacts anticipated by
the proposed improvements. The trail is appropriate for the context and intended
purpose, the design is in compliance with the Federal and State transportation
department design criteria for multi-use paths.
e. Accessory Uses: Parking Areas;
Parking areas are not permitted in the Natural Overlay.
N/A Stott Comment: No new vehicle parking areas are proposed. Existing parking areas near
the trail corridor ore provided on either end of the 1.2-mile segment at Naches Ave SW in
Renton and at Fort Dent in Tukwila.
19. Consistency with Renton Shoreline Conditional Use Criteria: Upon proper application, and findings of
compliance with conditional use permit criteria, a conditional use permit may be granted per RMC 4-9-
190.1.5. The objective of a conditional use provision is to provide more control and flexibility for
implementing the regulations of the Shoreline Master Program. With provisions to control undesirable
effects, the scope of uses can be expanded to include many uses. Uses classified as conditional uses
can be permitted only after consideration and by meeting such performance standards that make the
use compatible with other permitted uses within that area. The proposal is compliant with the
following development standards if 2.!! conditions of approval are met:
Compliance Development Standards and Analysis
i. The use must be compatible with other permitted uses within that area.
,/ Stotf Comment: The Shoreline Natural Environment Overlay allows o number of
outright permitted uses including aquaculture, and preservation and enhancement of
natural features and ecological processes, and fish and wildlife resource enhancement
as listed in RMC 4-3-090E.1 "Shoreline Use Table." Conditional uses allowed through o
HEX Report_Loke to Sound Trail Segment A_LUA15-000257
City of Renton Department of Comr y & Economic Development earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 32 of 40
conditional use approval are parks (neighborhood and regional), passive recreation,
over land public hiking and bicycle trails, expansion of existing over-water trails, and
structures for floodway management. The proposed improvement is a non-motorized
multi-use trail corridor that is consistent with the range of uses anticipated far the
Natural Overlay area. The trail improvement is also consistent with the
Comprehensive Plan for increasing public access along the shoreline (Exhibit P J, pages
2-21 through 2-23}.
ii. The use will not interfere with the public use of public shorelines.
Staff Comment: Normal use of the project site includes flood control through the King
County Flood District's Renton Wastewater facility on the Black River, railroad rights-
of-way, the existing public trail corridor, public environmental interpretive uses
throughout the Black River Forest Riparian area, and preservation of shoreline
ecological processes and functions (Exhibit Pl, page 2-23}. The trail improvement
,/ proposal would not interfere with the public use of public shorelines. The trail is
consistent with the range of public uses anticipated for the Shoreline Natural
Environment Overlay including parks and trails. The proposal is consistent with the
Shoreline policies within the Renton Comprehensive Plan for increasing public access ta
the shoreline. The proposal is not expected to have o substantial impact on natural
shoreline functions, would not adversely affect the flood control use, and would
enhance public interpretive use of the shoreline area.
iii. Designs of the site will be compatible with the surroundings and the Shoreline
Master Program.
Staff Comment: The proposed at grade trail would primarily use an existing road
within the Black River Riparian Forest that parallels a developed east-west railroad
corridor, the existing developed Monster Road SW right-of-way, existing railroad river
,/ crossings near the Black River, and existing developed park area at Fort Dent as the
corridor route. Multiple trail corridor alternatives were considered and the proposed
alignment and associated mitigation would result no net loss of shoreline ecological
functions and values. The corridor is already used as an informal trail connection and
the proposed improvement to the corridor with the bridge is compatible with the
surroundings of the site and the Renton Shoreline Master Program.
iv. The use shall be in harmony with the general purpose and intent of the Shoreline
Master Program.
,/ Staff Comment: The proposal is consistent with and in harmony with the general
purpose and intent of the Shoreline policies within the Renton Comprehensive Plan, see
FOF 17, for increasing public access to the shoreline through trails.
v. The use meets the conditional use criteria in WAC 173-27-160.
,/
Staff Comment: See FOF 22 below for analysis of criteria in WAC 173-27-160.
20. Consistency with WAC Shoreline Conditional Use Criteria: Per WAC 173-27-160, the purpose of a
conditional use permit is to provide a system within the shoreline master program which allows
flexibility in the application of use regulations in a manner consistent with the policies of RCW
90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by local
government or the department to prevent undesirable effects of the proposed use and/or to assure
consistency of the project with the act and the local master program. Uses which are classified or set
forth in the applicable master program as conditional uses may be authorized provided that the
applicant demonstrates specific standards listed in WAC 173-27-160.1. Additionally, consideration shall
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com, y & Economic Development earing Examiner Recommendation
WA15-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 33 of 40
be given to the cumulative impact of additional requests for like actions in the area per WAC 173-27-
160.2. The proposal is compliant with the following development standards if~ conditions of approval
are met:
Compliance Criteria and Analysis
a. That the proposed use is consistent with the policies of RCW 90.58.020 and the
shoreline master program.
Staff Comment: The proposal is consistent with the policies of the RCW 90.58.020.
The RCW states that "In the implementation of this policy the public's opportunity to
enjoy the physical and aesthetic qualities of natural shorelines of the state shall be
preserved to the greatest extent feasible consistent with the overall best interest of the
,/ state and the people generally." The policy goes on to state that, "Alternations of the
natural condition of the shorelines of the state, in those limited instances when
authorized, shall be given priority for single-family residences and their appurtenant
structures, ports, shoreline recreational uses including but not limited to parks,
marinas, piers and other improvements facilitating public access to shorelines of the
state ... and other development that will provide an opportunity for substantial numbers
of people to enjoy the shorelines of the state." The proposal is also consistent with the
Renton Shoreline policies as identified in FOF 16.
b. That the proposed use will not interfere with the normal public use of public
shorelines.
,/ Staff Comment: The proposed use would not interfere with the normal public use of
public shorelines. See staff comments in FOF 21, Development Standards and Analysis
number "ii" for further analysis.
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.
Staff Comment: The proposed use is compatible with other authorized uses within the
area and with uses planned for the area. See staff comments in FOF 21, Development
Standards and Analysis number "i" for further analysis.
d. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located.
,/ Staff Comment: See FOF 18, subsection 2o. "No Net Loss of Ecological Function" for
analysis that identifies that the proposal would not cause significant adverse effects to
the shoreline environment.
e. That the public interest suffers no substantial detrimental effect.
Stoff Comment: The public interest is the sum-total of all the purposes of the State
Shoreline Management Act and the Renton Shoreline Master Program. The proposal
,/ would not cause a substantial detrimental effect to public interest. As previously
discussed in FOF 19, the proposed trail development is consistent with the purpose of
providing public access ta the shoreline area and would not have a substantial impact
on natural shoreline functions, critical areas, public use of the shoreline, and current
flood control. The proposal would enhance public interpretive use.
f. 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
HEX Report_Lake to Sound Trail Segment A_WA15-000257
City of Renton Department of Com, y & Economic Development earing Examiner Recommendation
LUA15-0002S7, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 34 of 40
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 of the shoreline environment.
Staff Comment: Any additional requests for similar trails in the area would be required
to meet the same stringent criteria as the proposed trail improvement. Following on
alternatives analysis far a trail corridor, the applicant found there are no other existing
road corridors in the vicinity that a regional trail system could be developed within.
The King County and City of Renton trail plans do not designate other regional trail
corridors in the area. Because there are no other similar trail corridors proposed and
no available routes for such a similar route, there are not likely to be cumulative
impacts for a "like action."
21. Consistency with Renton Shoreline Variance Criteria: RMC Section 4-9-1901.4.b lists 8 criteria that the
Hearing Examiner is asked to consider when making a recommendation on a Shoreline Variance
application. The applicant requests a Variance from the development standards for trails within
wetlands and wetland buffers. Specifically, the request is to allow a greater width for a trail, an
impervious asphalt surface, and for the trail to be allowed within the inner 50 percent of a wetland
buffer. Per RMC 4-3-050D.2.d.ix.f, Recreational Activities which do not significantly affect the function
of the wetland or regulated buffer may be permitted within Category II, Ill, or IV wetlands or their
buffers and within a Category I wetland buffer if the following criteria are met: (1) Trails shall not
exceed 4 feet in width and shall be surfaced with gravel or pervious material, including boardwalks; (2)
The trail or facility is located in the outer 50 percent of the buffer area unless a location closer to the
wetland edge or within the wetland is required for interpretive purposes; (3) The trail or facility is
constructed and maintained in a manner that minimizes disturbance of the wetland or buffer. Trails or
facilities within wetlands shall be placed on an elevated structure as an alternative to fill; (4) Wetland
mitigation in accordance with subsection D2dx of this Section. The applicant is requesting a Variance
from criteria numbers 1 and 2 of RMC 4-3-0SOD.2.d.ix.f so that the proposed trail improvement can be
greater than 4 feet in width, surfaced with asphalt, and within the inner 50 percent of wetland buffers
within the Category II, Ill, and IV wetlands associated with the project.
A Substantial Development Permit (RMC 4-9-1201.4) may be granted which is at variance with the
criteria established in the Shoreline Master Program where, owing to special conditions pertaining to
the specific piece of property, the literal interpretation and strict application of the criteria established
in the Shoreline Master Program would cause undue and unnecessary hardship or practical difficulties.
The fact that the applicant might make a greater profit by using his property in a manner contrary to
the intent of the Shoreline Master Program is not, by itself, sufficient reason for a variance. The
Hearing Examiner must find each of the following:
Compliance Criteria and Analysis
i. Exceptional or extraordinary circumstances or conditions applying to the subject
property, or to the intended use thereof, that do not apply generally to other
properties on shorelines in the same vicinity.
Staff Comment: The applicant submitted an analysis of the Variance criteria for the ,,, wider impervious surface trail proposal and contends that there are unique and
exceptional conditions that apply ta the site and that do not apply to other properties
that are not a result of the applicant's actions (Exhibit 4, pages 2-24 to 2-27}. These
existing conditions are unique to this area and are not generally present in other
portions of the city and will not set a precedent for other trail corridors: . The proposed location of the trail is on a corridor that either has been used
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com, y & Economic Development earing Examiner Recommendation
LUA1S-000257, ECF, SSDP, S-CUP, 5-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 35 of 40
informally as a public trail (the area west of Monster Road) and on a gravel
road that was constructed prior to the acquisition of the property by the City
of Renton and has been used by the public as a trail since that acquisition. . The trail corridor is crossed by the mainline of the Burlington Northern Santa
Fe and Union Pacific railroads west of Monster Road which substantially
impacts natural functions an this portion of the corridor and renders
additional impacts minor.
• Potential impacts of the proposed trail east of Monster Road will not have a
substantial impact on natural shoreline functions because of the location of
the BNSF to the north of the site and the adjacent quarry use, which
establishes current proximity impacts to natural resources such as critical
habitat on the site.
• The trail is located as far from the Black River, existing wetlands, and the
Great Blue Heron nesting colony on the site as is practical, given the adjacent
east-west railroad corridor and other nearby uses.
Staff concurs with the applicant's analysis and that there are exceptional
circumstances or conditions applying to the subject trail corridor that do not apply
generally to other properties on shorelines in the same vicinity. Furthermore, the
intended purpose of the project is to construct a missing link in a regional
multipurpose trail corridor. In order for the project to comply with Federal and State
multipurpose trail standards the strict application of the shoreline regulation trail
design standards identified in wetland buffers would not allow the trail to meet
Federal and State design standards. The requirement to meet these design standards
would not apply to other properties in the vicinity or other trail connections within the
same property.
ii. The variance permit is necessary for the preservation and enjoyment of a
substantial property right of the applicant possessed by the owners of other
properties on shorelines in the same vicinity.
Staff Comment: The applicant submitted an analysis of the Variance criteria for the
wider impervious surface trail proposal and contends that imposition of a 4-foot
wide, gravel or pervious surface, located in the outer 50 percent of a wetland buffer
area would deprive the public of enjoyment of the benefits of the Lake ta Sound
regional trail corridor and interferes with reasonable use of the property (Exhibit 4,
pages 2-24 to 2-27). The width, material, and location standards do not recognize
the unique features of the site that make it especially suitable for a regional trail.
,/ The width, material, ond location standards also do not recognize the existing
conditions, with the existing informal pathway trail west of Monster Rood and the
existing gravel road to the east of Monster Road that are now used as a
nonmotorized trail. The gravel road east of Monster Road that is the large
percentage of the 1.2 mile trail improvement was constructed prior to the acquisition
of the property by the City of Renton. Since the City of Renton purchased the
property in the 1990s, the gravel road has been used as a trail. The location of the
existing gravel road is closer to wetlands than the outer 50 percent of the buffers and
is in excess of the 4-foot limit.
Additionally, the applicant contests that the limit on type of trail surface is not
necessary for the protection of wetland functions based on the impact analysis
provided by the application. Limited runoff that is non-pollution generating would
HEX Report_Lake to Sound Trail Segment A_LUA15-000257
City of Renton Deportment of Comr y & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016
earing Examiner Recommendation
LUAlS-000257, ECF, SSDP, S-CUP, S-V
Page 36 of 40
occur from the proposed impervious trail surface with large setbacks generolly
provided to receiving surface waters.
Staff concurs with the above analysis submitted by the applicant. A small impervious
footprint is proposed in comparison to the large undeveloped Black River Riparian
Forest area. The proposed trail improvement is on an existing trail corridor and
would cross the Black River with use of a new pedestrian bridge. The proposed
regional trail would be built for the public as such this use in unique to public property
owners. The request for a multipurpose trail that meets the Federal and State design
standards is the minimum request to allow the City the same rights for a
multipurpose trail as other public property owners in the same vicinity. The Shoreline
public access requirements by reach, for the Black River/Springbrook Reach mentions
this Lake to Sound trail proposal specifically os on opportunity to create greater
public access (RMC 4-3-0900.4.f}. The proposal implements the Shoreline
Comprehensive Plan policies. Other Shoreline Overlay designations allow this type of
use as outright permitted through an administrative decision. Because the Natural
Overlay is considered an area with more sensitive shoreline ecological functions, a
Hearing Examiner CUP process is required to determine there would be no substantial
ecalogical impacts and that a no net loss of ecological functions and values would
occur.
iii. The variance permit will not be materially detrimental to the public welfare or
injurious to property on the shorelines in the same vicinity.
Staff Comment: The applicants analysis finds that the design of the project is in
harmony with the purpose and intent of the Shoreline Management Aet and the
Renton Shoreline Master Program, compatible with other authorized uses within the
area and with uses planned for the area under the Comprehensive Plan and Shoreline
Master Program and will not cause adverse impacts to the shoreline environment.
The applicant's analysis is based on the Conditional Use Criteria met by the proposal
(Allowed Use, Consistency with Purpose and Regulations, Compatibility with
Permitted Uses, Public Use of Public Shorelines, Cumulative Impacts, and Public
Interest) as outlined in FOFs 19 and 20.
Staff concurs with the applicant's analysis. The Variance would not be materially
detrimental to the public welfare or injurious to property on the shorelines in the
same vicinity and that the design of the project is in harmony with the State and
Renton shoreline policies. The Variance would allow for greater public access along
the Black River and Green River shoreline area along an already heavily developed
corridor.
iv. The variance granted will be in harmony with the general purpose and intent of
the Shoreline Master Program.
Staff Comment: The variance would be in harmony with the general purpose and
intent of the Shoreline Moster Program. See FOF 21, Consistency with Renton
Shoreline Variance Criteria, subsection "iii" above and FOF 17 Comprehensive Plan
Compliance for analysis.
v. The public welfare and interest will be preserved; if more harm will be done to the
area by granting the variance than would be done to the applicant by denying it, the
variance shall be denied, but each property owner shall be entitled to the reasonable
use and development of his lands as long as such use and development is in harmony
with the general purpose and intent of the Shoreline Management Act of 1971, and
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com ty & Economic Development earing Examiner Recommendation
LUA15-000257, ECF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 37 of 40
the provisions of the Shoreline Master Program.
Staff Comment: The applicant's justification for the Variance states that granting the
variance recognizes that: . The trail width and location standards are not reasonably applicable to this
specific case because the wetland functions they are designed to
accommodate da not presently exist due ta the presence of the existing
gravel road, which is wider than the four (4) foot trail limit and is closer to the
wetland than the outer 50% of the buffer. . The addition of impervious surface to the trail would not add impacts those
already existing due to the gravel road. . The purpose of the Shoreline Management Act in enhancing public access
and Renton Shoreline Policy SH-28 of providing emphasis on foot and bicycle
paths consistent with the Renton Bicycle and Trails Master Plan would not be
fulfilled.
Staff concurs with the applicant's justification and that granting the variance would
not add significant if any impacts greater than those already existing because of the
established gravel maintenance road corridor through the Black River Forest Riparian
area. Support af the Variance a/laws far implementation af the Public Access
Requirements afthe Natural Overlay far the Black River/Springbrook Reach A and
implementation af King County and City af Renton trail corridor and recreation plans,
which would preserve the public interest.
,/
vi. The proposal meets the variance criteria in WAC 173-27-170.
Staff. Comment: See FOF 20 below.
N/A vii. Proposals that vary the size of the vegetation conservation buffer must provide
for off-site mitigation in accordance with RMC 4-3-090Flk.
22. Consistency with WAC Shoreline Variance Criteria: WAC 173-27-170. The purpose of a variance
permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set
forth in the applicable master program where there are extraordinary circumstances relating to the
physical character or configuration of property such that the strict implementation of the master
program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW
90.58.020. The Hearing Examiner must find each of the following:
Compliance Criteria and Analysis· .
(1) Variance permits should be granted in circumstances where denial of the permit
would result in a thwarting of the policy enumerated in RCW 90.58.020. In all
instances the applicant must demonstrate that extraordinary circumstances shall be
shown and the public interest shall suffer no substantial detrimental effect.
Staff Comment: The applicant provides justification for similar criteria as outlined in
,/ WAC 173-27-170 in FOF 21. The applicant provides further justification for the
Variance, stating that the standards for construction of the trail corridor are the
standards for Regional Trails adopted by both the City of Renton and King County as
well as the American Association af State Highway and Transportation Officials
(AASHTO} and Washington State Department of Transportation.
In summary, the applicant states that the Variance request recognizes that: . The trail width and located standards are not reasonably applicable to this
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Comm & Economic Development aring Examiner Recommendation
WAlS-000257, ECF, SSOP, 5-CUP, 5-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 38 of 40
specific case because the wetland functions they are designed ta
accommodate do not presently exist because of the long-standing presence
of the existing gravel road which is wider than the 4-foot trail limit and is
closer in proximity to the wetland than the outer 50% of the wetland buffer. . The addition of impervious surface to the trail would not add impacts to
those already existing due to the gravel road. . The purpose of the Shoreline Management Act in enhancing public access
and Renton Shoreline policies of providing emphasis on foot and bicycle paths
consistent with the Renton Bicycle and Trails Master Plan would not be
fulfilled.
Staff concurs with the applicant's justification that there are extraordinary
circumstances with the site that allow for the Variance approval, that the Variance
implements shoreline policies including enhancing public access and developing a
trail corridor through the Black River Shoreline Natural Overlay area. Further, the
Variance would allow the AASHTO standards for nonmotorized trail corridors to be
met. If the AASHTO standards cannot be met and strict application of the code was
required, the proposed regional trail project would most likely lose the federal
funding as it would not comply with the federal design standards. Without the
federal funding, the implementation of the Shoreline Policies and the City's Bicycle
and Trails Master Plan, as noted above under FOF 21 subsection "v," would not be
fulfilled. Overall the variance from the wetland trail standards for this segment of the
trail would further the public interest.
(2) Variance permits for development and/or uses that will be located landward of
the ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(b), and/or
landward of any wetland as defined in RCW 90.58.030 (2)(h), may be authorized
provided the applicant can demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards
set forth in the applicable master program precludes, or significantly interferes with,
reasonable use of the property;
(b) That the hardship described in (a) of this subsection is specifically related to
the property, and is the result of unique conditions such as irregular lot shape, size,
or natural features and the application of the master program, and not, for example,
,,,. from deed restrictions or the applicant's own actions;
(c) That the design of the project is compatible with other authorized uses within
the area and with uses planned for the area under the comprehensive plan and
shoreline master program and will not cause adverse impacts to the shoreline
environment;
(d) That the variance will not constitute a grant of special privilege not enjoyed
by the other properties in the area;
(e) That the variance requested is the minimum necessary to afford relief; and
(f) That the public interest will suffer no substantial detrimental effect.
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com. y & Economic Development earing Examiner Recommendation
LUAlS-000257, £CF, SSDP, S-CUP, S-V LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016 Page 39 of 40
Staff Comment: See comments above in FOF 22 "Consistency with WAC Shoreline
Variance Criteria" subsection "1" and FOF 21.
(3) Variance permits for development and/or uses that will be located waterward of
the ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(b), or within
any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the
applicant can demonstrate all of the following:
(a) That the strict application of the bulk, dimensional or performance standards
set forth in the applicable master program precludes all reasonable use of the
property;
.,,.
(b) That the proposal is consistent with the criteria established under subsection
(2)(b) through (f) of this section; and
(c) That the public rights of navigation and use of the shorelines will not be
adversely affected.
Stoff Comment: See comments above in FOF 22 subsection "1" and FOF 21. No
navigation rights would be affected, see in FOF 18 subsection "8.v" Building and
Development Location -Navigation and Recreation to be Preserved.
(4) In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example if
variances were granted to other developments and/or uses in the area where similar
circumstances exist the total of the variances shall also remain consistent with the
policies of RCW 90.58.020 and shall not cause substantial adverse effects to the .,,. shoreline environment .
Staff Comment: The area where the majority of the trail corridor is proposed is owned
by the City of Renton and there are no other routes for a regional trail to be located
within the shoreline area. See analysis of alternative regional trail routes in FOF 18,
subsection "2a" No Net Loss -Evaluation of Mitigation Sequencing Required.
N/A (5) Variances from the use regulations of the master program are prohibited.
I J. CONCLUSIONS:
1. The subject site is located in the Employment Area (EA) Comprehensive Plan designation and the
Shoreline Master Program 'Natural' Overlay designation and complies with the goals and policies
established within these designations, see FOF 16.
2. The subject site is located in the Shoreline Master Program 'Natural' Overlay designation and complies
with the development standards established with this designation and with the requirements for a
Substantial Development Permit, provided the applicant complies with City Code and conditions of
approval, see FOF 17.
3. The subject site is located in the Shoreline Master Program overlay designated area requiring No Net
Loss compliance of ecological functions and processes and complies with the No Net Loss standards
provided the applicant complies with City Code and conditions of approval, see FOF 17.
HEX Report_Lake to Sound Trail Segment A_LUAlS-000257
City of Renton Department of Com, .y & Economic Development
LAKE TO SOUND REGIONAL TRAIL -SEGMENT A
Public Hearing Date: February 16, 2016
~aring Examiner Recommendation
LUA15-0002S7, ECF, SSDP, S-CUP, S-V
Page 40 of 40
4. The proposed trail corridor is located in the Shoreline Master Program overlay designated area and
complies with the use and trail and transportation development standards provided the applicant
complies with City Code and conditions of approval, see FOF 17.
5. The proposed trail corridor is located in the Shoreline Master Program overlay designated area and
complies with the Conditional Use criteria provided the applicant complies with City Code and
conditions of approval, see FOF 18 and FOF 19.
6. The proposed trail corridor is located in the Shoreline Master Program overlay designated area and
exceeds the development standards for trail improvements and complies with the Variance criteria
provided the applicant complies with City Code and conditions of approval see FOF 20 and FOF 21.
I K. RECOMMENDATION:
Staff recommends approval of the Lake to Sound Regional Trail -Segment A, File No. LUAlS-000257, ECF,
SSDP, S-CUP, S-V, as depicted in Exhibit 37, 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 January 14, 2016.
HEX Report_Lake ta Sound Trail Segment A_LUA15-000257
Project Name:
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
REPORT TO THE HEARING EXAMINER, EXHIBITS
Project Number:
Lake to Sound Regional Trail -Segment A LUA15-000257, ECF, SSDP, 5-CUP, 5-V
Date of Hearing
February 16, 2016
Staff Contact
Kris Sorensen,
Associate Planner
Project Contact/ Applicant
Jason Rich, Capital
Projects; King County
DNRP/Parks
Project Location
1.2-Mile Trail Corridor,
Naches Ave SW in Renton
to Fort Dent Tukwila
The following exhibits were entered into the record:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7:
Exhibit 8:
Exhibit 9:
Exhibit 10:
Exhibit 11:
Exhibit 12:
Exhibit 13:
Exhibit 14:
Exhibit 15:
Exhibit 16:
Exhibit 17:
Exhibit 18:
Exhibit 19:
Exhibit 20:
Exhibit 21:
Exhibit 22:
Exhibit 23:
Environmental Review Committee Report
Zoning Maps -Cities of Tukwila Renton and Tukwila
Shoreline Master Program (SMP) Vicinity Map
Permit Narrative and Justification, prepared by Parametrix, dated April 2015
Final Drainage Technical Information Report, prepared by Parametrix, dated April
2015
Final Critical Areas Report, prepared by Parametrix, dated April 2015
Stream Discipline Report, prepared by Parametrix, dated April 2015
Vegetation and Wildlife Discipline Report, prepared by Parametrix, dated April 2015
Draft Geotechnical Report -Black River Bridge, prepared by HWA GeoSciences lnct for
Parametrix, dated February 24, 2015
Environmental Checklist, prepared by Parametrix, dated April 17, 2015
Agency Comment; MuckleshootTribes, email dated May 13, 2015
Agency Comment; City of Renton Department of Community Services, dated July 23,
2015
Project Vicinity Map
Biological Assessment-Bridge, prepared by Parametrix, dated August 2015
Construction Mitigation Plan
Lake to Sound, 16-mile Conceptual Regional Trail Corridor
60% Construction Drawings, prepared by Parametrix, dated April 2015
NEPA Exemption Determination, Washington State Department of Transportation
document, dated September 12, 2012 and Addendum, WSDOT, dated November 3,
2015
Slopes Map, City of Renton
Black River Bridge Location, Site and Exploration Plan, prepared by HWA GeoSciences,
dated January 1, 2015
Wetlands Vicinity Map
Stream and Wetland Buffer Impacts Maps
Vegetation and Wildlife Study Area Map -------::::-:::---::---------~It en t O Il ®
Exhibit 24:
Exhibit 25:
Exhibit 26:
Exhibit 27:
Exhibit 28:
Exhibit 29:
Exhibit 30:
Exhibit 31:
Exhibit 32:
Exhibit 33:
Exhibit 34:
Exhibit 35:
Exhibit 36:
Exhibit 37:
Exhibit 38:
Exhibit 39:
Exhibit 40:
Exhibit 41:
Exhibit 42:
Report to the Hea .... g Examiner, EXHIBITS, Page 2
LUA15-000257, ECF, SSDP, S-CUP, S-V
Project Drainage Basin Map
Floodplain Map; 1995 DFIRM
Response email to Muckleshoot Tribes Comments, email from Kris Sorensen, dated
December 10, 2015
Endangered Species Act No Effects Letter for Segment A, prepared by Parametrix,
dated October 24, 2011
Endangered Species Act No Effects Letter for Segment A Pedestrian Bridge, prepared
by Parametrix, dated September 30, 2015
Second Muckleshoot Tribes Comments, email December 28, 2015
Bridge Ground Improvements Limits, Plan, and Elevation
Landscape Plan and Mitigation Plantings Plan
Photos ofTrail Route
Response to Muckleshoot Comments #2, email from Kris Sorensen, dated January 7,
2016
Floodplain Impact Area
WRIA 9 -Green/Duwamish and Central Puget Sound Watershed Habitat Plan Projects
Advisory Notes
Hearing Examiner Report
City of Renton Trails and Bicycle Master Plan, adopted May 11, 2009
City of Renton Comprehensive Plan, Shoreline Management Element and Appendix B
Public Access Objectives by Reach
Critical Areas Figure 3-1, prepared by Parametrix
Determination of Non-Significance Mitigated
Tree Retention Worksheet
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
~----
--,,,~Renton
ENVIRONMENTAL REVIEW COMMITTEE REPORT
ERC MEETING DATE:
Project Name:
Project Number:
Project Manager:
Owner:
App/icant/Contoct:
Project location:
Project Summary:
Exist. Bldg. Area SF:
January 11, 2015
Lake to Sound Regional Trail -Segment A
LUAlS-000257, ECF, SSDP, S-CUP, 5-V
Kris Sorensen, Associate Planner
City of Renton; City ofTukwila; Burlington Northern Santa Fe; Union Pacific
King County Parks, Attn: Jason Rich, Capital Projects; King Street Center, ih Floor; 201
S. Jackson St; Seattle WA 98104
Black River Riparian Forest in City of Renton and Fort Dent Park in City of Tukwila
The applicant is requesting SEPA Environmental Review, a Shoreline Conditional Use
Permit, a Shoreline Variance, and a Shoreline Substantial Development Permit to
improve an existing informal 1.2-mile trail within the cities of Tukwila and Renton with
a 12-foot wide paved trail and new bridge over the Black River. The proposal is part of
a larger 16-mile Lake to Sound Trail that links Lake Washington to Puget Sound.
Additional approvals for the Tukwila portion of the trail are required. A Renton
Shoreline Variance from RMC 4-3-090.D.2.d.ix.f is required for the trail areas located in
wetland buffers because the proposal exceeds a 4-foot width and is paved. In Renton,
the trail is located on city owned and railroad owned parcels that are zoned
Commercial Office (CO) and Resource Conservation (RC). In Tukwila, the trail is located
on private and public parcels that are zoned Heavy Industrial (HI) and Low Density
Residential (LDR) land use designation. The trail area within Renton is located in the
Black River-Springbrook Creek 'Natural' shoreline and associated wetland buffers.
Within Tukwila, the trail is located within the 200-foot Green and Black River shoreline
buffer regulation areas. Parts of the trail are located in the 1995 FIRM Floodplain area.
1,500 cubic yards of grading and 3,000 cubic yards of fill are proposed. Trees would be
removed along the trail alignment and within shoreline buffer areas. 98,297 square
feet of mitigation and planting areas are proposed with native species. Other project
elements include a new pedestrian crossing at Monster Road, undercrossings of
railroad bridges, retaining walls, fences, signage, and stormwater improvements. Work
would be limited to specific times of the year based on reducing impacts to nearby
wildlife and overwater work for the new bridge. The project is anticipated to have no
net loss of ecological function of the regulated shoreline areas as required by state,
federal, and local regulations. Studies submitted include a Bridge Geotechnical Report,
Vegetation and Wildlife Discipline Report, Critical Areas Report, Stream Discipline
Report, Drainage Report, Endangered Species Act No Effect document, and NEPA
Exemption. Construction work would begin in spring 2016 and is anticipated to last 12
months.
N/A Proposed New Bldg. Area (footprint}: 3.94 acres paved
Proposed New Bldg. Area (grass): 5.26 acres w/ shoulder ----------------------
Site Area:
STAFF
RECOMMENDATION:
1. 2 mile length in Total Building Area GSF:
Tukwila & Renton
Staff Recommends that the Environmental Review
of Non-Significance -Mitigated (DNS-M).
5.26 acres w/ shoulder
EXHIBIT 1