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HomeMy WebLinkAboutD_Tier2_TUP_Decision_210525_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Tier2_TUP_Decision_210525_v1 A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: May 25, 2021 Project File Number: PR21-000148 Project Name: Loop Compost Pilot Project Land Use File Number: LUA21-000141, TUP Project Manager: Clark H. Close, Senior Planner Owner: King County WTD, 201 South Jackson St, Seattle, WA 98104 Applicant/Contact: Christopher Dew, King County WTD, 201 South Jackson St, Seattle, WA 98104 Project Location: 1200 Monster Rd SW, Renton, WA 98055 (APN 2423049006) Project Summary: The applicant, King County Wastewater Treatment Division, is requesting a Tier 2 Temporary Use Permit pursuant to Renton Municipal Code Section 4-9-240 to construct a pilot compost system at King County’s South Treatment Plant which further processes Class B Loop® biosolids into a Class A Loop compost. The pilot project would be located near the center of the property and would occupy approximately 0.8 acres of the Treatment Plant site located at 1200 Monster Rd SW (APN 2423049006). The 72.34-acre parcel is zoned Heavy Industrial (IH). Once operational, information from the composting pilot would be used to demonstrate proof of concept and develop a business case for a larger more permanent facility off-site. The parcel contains moderate coal mine hazards, regulated shoreline - shoreline high intensity, high seismic hazards, regulated slopes, moderate/high landslide hazards, special flood hazard areas, and wetlands. Site Area: 72.34 acres Monster Rd SW SW 7th St Powell Ave SW DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C City of Renton Department of Community & Economic Development Loop Compost Pilot Project Administrative Report & Decision LUA21-000141, TUP Report of May 25, 2021 Page 2 of 8 D_Tier2_TUP_Decision_210525_v1 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Site Plan (Paving and Site Grading Plan) Exhibit 3: Vicinity Map Exhibit 4: Neighborhood Detail Map Exhibit 5: Determination of Nonsignificance (DNS) and Environmental Checklist Exhibit 6: King County Department of Natural Resources and Parks – Wastewater Treatment Division Response Letter to City of Renton Environmental (SEPA) Review Comments Exhibit 7: Tree Report, prepared by Russell + Lambert Landscape Architects, dated February 15, 2018 Exhibit 8: Landscape and Tree Retention Plan (showing Pilot Compost Area) Exhibit 9: Tree Retention Worksheet & Cedar Trees Proposed for Removal Exhibit 10: Technical Information Report (TIR) – 60% Design, prepared by HDR, dated March 10, 2021 Exhibit 11: Utilities Plan (Site Piping Plan, Sanitary Sewer Plan, and Profiles) Exhibit 12: Geologic Hazard Review, prepared by Shannon & Wilson Geotechnical and Environmental Consultants, dated March 26, 2021 Exhibit 13: Construction Mitigation Description Exhibit 14: Abatement Agreement Exhibit 15: Advisory Notes C. GENERAL INFORMATION: 1. Owner(s) of Record: King County Wastewater Treatment Division 201 South Jackson St Seattle, WA 98104 2. Zoning Classification: Heavy Industrial (IH) 3. Comprehensive Plan Land Use Designation: Employment Area (EA) 4. Existing Site Use: Wastewater Treatment Plant 5. Critical Areas: Moderate coal mine hazards, regulated shoreline - shoreline high intensity, high seismic hazards, regulated slopes, moderate/high landslide hazards, special flood hazard areas (FEMA Zone – AE), and wetlands DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C City of Renton Department of Community & Economic Development Loop Compost Pilot Project Administrative Report & Decision LUA21-000141, TUP Report of May 25, 2021 Page 3 of 8 D_Tier2_TUP_Decision_210525_v1 6. Neighborhood Characteristics: a. North: Oakesdale Center and vacant land north of Oakesdale Ave SW. Employment Area (EA) Comprehensive Plan Land Use Designation; Medium Industrial (IM) and Commercial Office (CO), Resource Conservation (RC) and Commercial Office Residential (COR) zone b. East: Office buildings east of Oakesdale Ave SW. Employment Area (EA) Comprehensive Plan Land Use Designation; Heavy Industrial (IH) zone and Commercial Office (CO) east of Oakesdale Ave SW c. South: Office buildings, warehouse and vacant land. Employment Area (EA) Comprehensive Plan Land Use Designation; Heavy Industrial (IH) zone and Medium Industrial (IM) zone south of Jackson Pl SW d. West: Warehouse, office, packaging plant, minerals yard, and vacant land west of Monster Rd SW/Jackson Pl SW. Employment Area (EA) Comprehensive Plan Land Use Designation; Medium Industrial (IM) 7. Site Area: 72.34 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation (S 180th) A-002-59 1745 04/19/1959 Conditional Use Permit (Effluent Reuse Pilot Project) LUA95-073 N/A 04/28/1995 Temporary Use Permit (Install/Operate Sludge Reduction Building) LUA99-129 N/A 09/14/1999 Shoreline Substantial Development Permit (Odor Control System for the Eastside Sewer Interceptor) LUA00-017 N/A 02/08/2000 Temporary Use Permit (Diesel Generators) LUA01-022 N/A 02/20/2001 Conditional Use Permit (Construct a Fuel Cell Demonstration Project) LUA01-138 N/A 10/03/2001 Site Plan Review (King County South Plant Biogas and Heating Systems Improvements Project) LUA18-000188 N/A 06/11/2018 Lot Combination (KC Recording No. 20190228900013) LUA18-000597 N/A 10/01/2018 DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C City of Renton Department of Community & Economic Development Loop Compost Pilot Project Administrative Report & Decision LUA21-000141, TUP Report of May 25, 2021 Page 4 of 8 D_Tier2_TUP_Decision_210525_v1 E. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on April 20, 2021 and determined the application complete on April 27, 2021. The project complies with the 120-day review period. 2. The project site is located at 1200 Monster Rd SW, Renton, WA 98055 (APN 2423049006), in Section 24, Township 23 North, Range 4 East, W.M. (Exhibits 2-4). 3. The project site is currently developed as King County South Treatment Plant. 4. No changes are proposed to vehicular or pedestrian access to the site. Primary access to the site is provided via 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 Heavy Industrial (IH) zoning classification. 7. The site contains moderate coal mine hazards, regulated shoreline - shoreline high intensity, high seismic hazards, regulated slopes, moderate/high landslide hazards, special flood hazard areas (FEMA Zone – AE), and wetlands. 8. A cluster of thirteen cedar trees would be removed as part of the pilot compost system at King County’s South Treatment Plant. 9. Staff received no public or agency comments. F. ANALYSIS: The applicant, King County Wastewater Treatment Division (WTD), is requesting up to a five (5) year Tier 2 Temporary Use Permit (TUP) pursuant to Renton Municipal Code Section 4-9-240 to construct a limited term pilot compost system which would further process Class B Loop® biosolids into a Class A Loop compost at King County’s South Treatment Plant (STP). According to the applicant, the facility has been designed to demonstrate the practicability of composting of Class B Loop biosolids mixed with bulking agents, such as wood ships and yard clippings, at various ratios to produce Class A biosolids. The purpose of the pilot project is to allow King County WTD to demonstrate the business case for a full-scale Loop composting facility and evaluate various blends of feedstock to determine the optimal conditions for proceeding forward with a full- scale off-site facility. The proposed retail biosolids project would be located at the site of the former fuel cell demonstration project at 1200 Monster Rd SW in the Heavy Industrial (IH) zone. The site is located near the Black River Riparian Forest, various office developments and regional transportation connections for bicycles on the Lake to Sound Trail. The applicant submitted a Geologic Hazard Review, prepared by Shannon & Wilson Geotechnical and Environmental Consultants, dated March 26, 2021 (Exhibit 12) with the project application. According to the Geologic Hazard Review, the location of the proposed pilot biosolid compost facility is underlain by sandstone bedrock consisting of Renton Formation at depths ranging from approximately 80 to 11 feet below ground surface. The soils above the bedrock consist of alluvial sediments that were not associated with coal mine operations. In the geotechnical engineer’s opinion, there is no subsurface or surface evidence of past mining activity at the proposed compost facility and there is low probability that construction of the proposed project is at risk of coal mine hazards such as subsistence. In addition, the proposed setback buffer and development of the biosolids compost facility at the top of the cut-slope created to provide access to other parts of the DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C City of Renton Department of Community & Economic Development Loop Compost Pilot Project Administrative Report & Decision LUA21-000141, TUP Report of May 25, 2021 Page 5 of 8 D_Tier2_TUP_Decision_210525_v1 facility would not impact the cut slope stability. The critical area onsite are not anticipated to present a design issue or hazard that would impact the project. The project would not have any permanent above ground structures. The proposed facility would employ covered aerated static pile composting technology, a Class A process to further reduce pathogens under WAC 173-308-170(3), using a bunker-style primary composting operation to fit within a limited available area of less than one (1) acre. The facility would result in air impacts related to odor and function in a series of batches based on the amount of material received from the delivery of a single truck of Loop. According to the applicant, the facility is equipped to receive up to a single truck load of Class B biosolids per week and the facility would be designed to process up to 780 wet tons per year of Loop biosolids (15 wet tons per truck, delivered once per week, 52 weeks per year). Mixing of biosolids with bulking material would occur on the same day to reduce the propensity of odorous emissions. Depending on the density and moisture content of the bulking material, approximately 600 to 1,300 tons per year of bulking material would be needed to perform the proposed compost functions (active composting would last 28 days per batch). The total facility throughput is estimated at 1,400 to 2,100 tons per year and the facility bunkers and infrastructure are sized to compost up to 70 cubic yards per week or approximately 3,600 cubic yards per year. However, King County anticipates an actual throughput range of 2,500 to 3,500 cubic yards per year, depending on the quantity of bulking material used and the timing of developing sequential batch operations. A front-end loader would be used to move the material. No permanent structures or buildings are proposed with this project. The applicant is proposing a temporary structure that would consist of bunkers formed by temporary ecology blocks stacked four feet (4’) high with bunkers ranging from 25 feet wide by 25 feet long to 45 feet wide by 55 feet long and covered by tent-like fabric structures that are not fully enclosed but are intended to provide protection from rainfall. Much of the proposed project area is currently covered with impervious to semi-impervious surface. The proposed project would add approximately 0.22 acres of the impervious area. For example, the applicant is proposing to install concrete pads for a compost mixer, aeration and biofilter fans, and electrical panels. Surface runoff from the proposed site would be piped to the sanitary drain (Exhibit 11). Prior to compost operations, the Department of Ecology (DOE) must approve the compost project’s operations plan, according to state biosolids regulations under WAC 173-308. During operations, the King County WTD would monitor temperature and pathogen density on an ongoing basis. According to the applicant, if Class A requirements are not met, King County WTD would follow the product quality contingency plan outlined in the project’s approved operations plan. Although exact details are still in development, the contingency plan would include at least two options: 1) re-mix and re-compost the batch to meet process requirements, or 2) land-apply the compost as Class B biosolids, according to the existing DOE-approved Class B procedures. Similar to existing biosolids management practices, if a compost batch were to fail to meet Class B biosolids requirements, it would be landfilled. Once operational, information from the composting pilot project would be used by King County WTD to demonstrate proof of concept in order to construct an off-site permanent facility in the greater King County region. According to the applicant, King County WTD has operated an effective biosolids program for the past 30 years and maintains a 24-hour odor control hotline which is (206) 263-1760. Prior to permit issuance, the applicant would be required to maintain the 24-hour odor control hotline at (206) 263-1760 throughout the duration of temporary use permit and provide an advertisement plan and public outreach plan for review and approval. The Loop biosolids program is used to build soil and provide nutrients for farms and forests to improve crop yield and soil health. King County WTD expects the current biosolids to increase year over year. The Loop® Compost Pilot Project is considered to be the first step of the 2018-2037 King County biosolids program Strategic Plan to address the current lack of redundancy in the biosolids program, which has become reliant on farmers in Eastern Washington to manage the majority (75% in 2016) of their biosolids. A temporary use permit allows a use or structure on private or public property on a short-term basis. Such uses or structures may be allowed subject to modified development standards which would not be DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C City of Renton Department of Community & Economic Development Loop Compost Pilot Project Administrative Report & Decision LUA21-000141, TUP Report of May 25, 2021 Page 6 of 8 D_Tier2_TUP_Decision_210525_v1 appropriate for permanent uses in the zoning designation. The requested 5-year Tier II TUP is used for temporary activities that are short-term storage and treatment activities limited or prohibited by the base zone. The proposed use is most consistent with the following uses: sewage disposal and treatment plants, waste recycling and transfer facilities, and recycling collection and processing center. The underlying zone, Heavy Industrial (IH), permits the uses identified as follows: sewage disposal and treatment plants via a hearing examiner conditional use; waste recycling and transfer facilities are permitted outright; and recycling collection and processing centers require an administrative conditional use permit for operations that are conducted outdoors. The temporary impact on surrounding zones would result in some temporary transportation, outdoor storage, and odor impacts. King County WTD acted as the SEPA Lead Agency for the project and issued a Determination of Nonsignificance (DNS) on January 12, 2021 (Exhibit 5). The environmental impacts were addressed in the Environmental (SEPA) Review. The applicant submitted a Preliminary Technical Information Report, prepared by HDR (dated March 10, 2021; Exhibit 10). According to the Report, the project was designed to conform to the requirements of the 2017 City of Renton Surface Water Design Manual (RSWDM). According to the applicant, the facility would operate using industry best practices to maintain appropriate and safe temperatures in the compost piles. For example, the aeration system would run according to a system of temperature sensors and programmable controls for optimal process conditions and odor control. In addition, the project is required to complete a review of air quality impacts to demonstrate that it would not adversely affect the health of the public in the surrounding area as part of the Notice of Construction Application under review by the Puget Sound Clean Air Agency (PSCAA). Thirteen cedar landscape trees would be removed as part of the temporary pilot compost system at King County’s South Treatment Plant (Exhibits 7-9). The project complies with tree retention requirements of the IH zone. No excavation, grading, off-site improvements, or onsite parking are proposed as part of the project. Access to the site would be from existing roadways serving the South Treatment Plant. Construction activities associated with the pilot project are expected to start in early spring of 2022 and the project is expected to be completed in summer of 2022 (Exhibit 13). Operation is expected to commence approximately one to three months after final acceptance. As a condition of approval, the applicant would be responsible for clean-up and restoration of the site upon completion of removal of the use or when the operation of the use ceases to exist. G. DECISION: The Loop Compost Pilot Project, File No. LUA21-000141, TUP, as depicted in Exhibit 2, is approved for a term of five (5) years and is subject to the following conditions: 1. The site occupied by the temporary use shall be left free of evidence of the temporary use upon completion of removal of the use or when the operation of the use ceases to exist. 2. The Applicant shall maintain the 24-hour odor control hotline at (206) 263-1760 throughout the duration of temporary use permit. An advertisement plan and public outreach plan shall be submitted to the Current Planning Project Manager for review and approval prior to permit issuance. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C 5/25/2021 | 4:36 PM PDT City of Renton Department of Community & Economic Development Loop Compost Pilot Project Administrative Report & Decision LUA21-000141, TUP Report of May 25, 2021 Page 7 of 8 D_Tier2_TUP_Decision_210525_v1 TRANSMITTED on May 25, 2021 to the Owner/Applicant/Contact: Owner: Applicant/Contact: King County WTD 201 South Jackson St Seattle, WA 98104 Christopher Dew, King County WTD 201 South Jackson St Seattle, WA 98104 TRANSMITTED on May 25, 2021 to the Parties of Record: Sandy Cody HDR One Company 905 Plum Street SE, Suite 200, Town Square 3 Olympia, WA 98501 Austin Ross Northwest Kidney Centers 700 Broadway Seattle, WA 98122 Randy Thompson Northwest Kidney Centers 700 Broadway Seattle, WA 98122 TRANSMITTED on May 25, 2021 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property & Technical Services Manager Matt Herrera, Interim Current Planning Manager Anjela Barton, Fire Marshal K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on June 8, 2021. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. EXPIRATION: The Temporary Use Permit is valid for five (5) years from the effective date of the permit. EXTENSIONS: No extension requests to this Temporary Use Permit will be accepted by the Department of Community & Economic Development Administrator as the maximum permitted time has been granted by this permit. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C City of Renton Department of Community & Economic Development Loop Compost Pilot Project Administrative Report & Decision LUA21-000141, TUP Report of May 25, 2021 Page 8 of 8 D_Tier2_TUP_Decision_210525_v1 to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Loop Compost Pilot Project Land Use File Number: LUA21-000141, TUP Date of Report May 25, 2021 Staff Contact Clark H. Close Senior Planner Project Contact/Applicant Christopher Dew King County WTD 201 South Jackson St, Seattle, WA 98104 Project Location 1200 Monster Rd SW, Renton, WA 98055 (APN 2423049006) The following exhibits are included with the TUP report: Exhibit 1: Administrative Decision Exhibit 2: Site Plan (Paving and Site Grading Plan) Exhibit 3: Vicinity Map Exhibit 4: Neighborhood Detail Map Exhibit 5: Determination of Nonsignificance (DNS) and Environmental Checklist Exhibit 6: King County Department of Natural Resources and Parks – Wastewater Treatment Division Response Letter to City of Renton Environmental (SEPA) Review Comments Exhibit 7: Tree Report, prepared by Russell + Lambert Landscape Architects, dated February 15, 2018 Exhibit 8: Landscape and Tree Retention Plan (showing Pilot Compost Area) Exhibit 9: Tree Retention Worksheet & Cedar Trees Proposed for Removal Exhibit 10: Technical Information Report (TIR) – 60% Design, prepared by HDR, dated March 10, 2021 Exhibit 11: Utilities Plan (Site Piping Plan, Sanitary Sewer Plan, and Profiles) Exhibit 12: Geologic Hazard Review, prepared by Shannon & Wilson Geotechnical and Environmental Consultants, dated March 26, 2021 Exhibit 13: Construction Mitigation Description Exhibit 14: Abatement Agreement Exhibit 15: Advisory Notes DocuSign Envelope ID: 6CE3899A-1D0A-43F4-A678-6B93041EB30C