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HomeMy WebLinkAboutL2ST Seg A Permit Descr & Justif 2015-04-15Lake to Sound Trail—Segment A Permit Narrative and Justification Zoning Compliance Shoreline Substantial Development Permit Shoreline Conditional Use Permit Shoreline Variance Prepared for King County Parks Division 201 South Jackson, Seventh Floor Seattle, WA 98104 Prepared by Parametrix 719 2nd Avenue, Suite 200 Seattle, WA 98104 T. 206.394.3700 F. 1.855.542.6353 www.parametrix.com CITATION Parametrix. 2015. Lake to Sound Trail—Segment A Permit Narrative and Justification. Prepared by Parametrix, Seattle, Washington. April 2015. TABLE OF CONTENTS ACRONYMS PROJECT NARRATIVE This document addresses City of Renton Submittal Requirements for: Zoning Compliance Shoreline Substantial Development Permit Shoreline Conditional Use Permit Shoreline Variance Project name, size and location of site Name Lake to Sound Trail, Segment A Location Linear corridor from the Green River Trail in Tukwila to the west to Naches Avenue SW in Renton on the east. Size The trail section is 14,317 feet long and 12 feet wide for an area of 3.94 acres, with the addition of two foot shoulders, the area is 5.26 acres. Land use permits required for proposed project Zoning Compliance Shoreline Substantial Development Permit Shoreline Conditional Use Permit Shoreline Variance The trail has portions that are within and portions that are outside of Shoreline Management Act Jurisdiction. A Shoreline Substantial Development Permit is required for the entire project. Specific sections of the trail require Shoreline Conditional Use Permit and Shoreline Variance approval. The portions of the trail within Shoreline Management Act jurisdiction are subject to the decision criteria and design criteria of the Renton Shoreline Master Program RMC 4-3-090 including Critical Area regulations in RMC 4-3-090.D.2.c. that apply only in the shoreline. Portions of the trail outside Shoreline Management Act jurisdiction are subject to non-shoreline Development Regulations in RMC Title IV, including Critical Area regulations found in RMC 4-3-050. The application of regulations to specific subsections of the trail is described below. Zoning designation of the site and adjacent properties The trail corridor is located within three zoning districts: CO, Commercial Office to the east; RC, Resource Conservation within the largest portion of the Black River Riparian Forest; and IM, Industrial-Medium west of Monster Road. The adjacent land has the following zoning: CO, Commercial Office extends to the east to approximately Powell Avenue SW IM, Industrial-Medium is to the east and southeast of the CO zoning North of BNSF Railway the zoning is IL, Industrial-Light and IH, Industrial-High and contains a quarry IM, Industrial-Medium is located to the south of the Black River and south and west of Monster Road IH, Industrial High is located south and west of Oaksdale Avenue SW The portion of the Black River Riparian Forest south of the river is zoned RC along the river and CO further south Current use of the site and any existing improvements The western portion of the trail between Fort Dent Park and Monster Road is located on a combination of existing dirt path, dirt road, and paved surface area, on land owned by the City of Tukwila, the Burlington Northern Santa Fe Railway and the Union Pacific Railway. The westernmost 600 feet of the proposed trail alignment is on maintained lawns associated with Fort Dent Park in the City of Tukwila. The trail then crosses under two existing railroad bridges and crosses Monster Road southeast of the existing Monster Road Bridge. The eastern portion of the alignment traverses the perimeter of the Black River Riparian Forest via an existing maintenance road and access path, both of which are used currently for recreation. The existing road surface in most of this portion consists of compacted gravel and ranges from 10 to 12 feet wide. This special area is described further below. Special site features (i.e. wetlands, water bodies, steep slopes) For the western portion of the proposed trail alignment, the Black River is the major natural feature in this area. The city Sensitive Area Maps designate the river bank as a steep slope. The confluence of the Black and Green Rivers is located just north of the west end of the Segment A project area. The eastern portion of the trail in the Black River Riparian Forest contains the Black River and six wetlands along the trail corridor and a Blue Heron nesting colony. The eastern three-quarters of the proposed trail alignment from Monster Road to the cul-de-sac at Naches Avenue SW (approximately 4,300 linear feet) 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. The gravel maintenance road is currently used for walking and pet exercise. Areas immediately outside the edge of the existing gravel surface generally consist of grasses, low-growing annual plants, blackberry thickets, and native riparian trees. The Black River Riparian Forest was acquired by the City in the early 1990s. This area supports a diverse wildlife community, including bald eagles and a colony of great blue herons that has actively nested here every year since 1986 and has been one of the largest such colonies in the Puget Sound region. Data from the WDFW PHS program indicate that the Black River Riparian Forest is also used by many waterfowl species, other bird species commonly found in riparian and wetland habitats in the Puget Lowlands, mammals, reptiles and amphibians. (See Vegetation and Wildlife Report, Section 3.3) Statement addressing soil type and drainage conditions Soils very somewhat in different portions of the trail corridor: Fort Dent Park to Monster Road – Soils are Newberg silt loam, an alluvial soil formed on floodplains. East of Monster Road – Soils are primarily Woodinville silt loam, also an alluvial soil formed on floodplains with a substantial component of muck. This is a soil often associated with wetlands. A smaller portion of the area is Tukwila much, which is primarily organic materials formed within wetlands. Subsurface exploration occurred in the vicinity of the new bridge over the Black River, where the subsurface is underlain by granular soil (fill), over loose alluvium, over medium dense alluvium, and over Glacial Till or Bedrock. Because the loose alluvium is of geotechnical concern due to earthquake loading conditions, ground improvements will be constructed in the vicinity of the bridge foundation. Soils are further discussed in the Draft Geotechnical Report and in the Critical Areas Report in reference to wetlands delineated. Drainage from the existing informal trail, and from the land over which the proposed trail passes discharges through overland sheet flow to the north to the Green River, the Black River and wetland that are downgradient from the alignment. (See Technical Information Report Drainage and Floodplain.) Proposed use of the property and scope of the proposed development 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 a 1.2-mile segment of what will ultimately be the 16-mile Lake to Sound Trail. 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. It runs from the Green River Trail parallel to the Black River, it crosses under two railroad bridges, crosses Monster Road, crosses the Black River on a non-motorized bridge and parallels railroad tracks north of the Black River Riparian Forest to Naches Avenue SW. (Figure 1-1). 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. Segment A 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. Once complete, 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 will connect to the Interurban Trail to the south, and in the future to the Cedar River Trail and a trail in the Eastside Rail Corridor. Project Features Segment A 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 project includes: Constructing a 12-foot-wide asphalt pavement trail with soft-surface (gravel) shoulders. Creating a new pedestrian bridge spanning the Black River east of the existing Monster Road Bridge, which cannot be improved to safely accommodate the envisioned trail use. Installing a pedestrian-actuated signal crossing of Monster Road south of the bridge. Constructing an undercrossing feature beneath two railroad bridges to protect trail users from potential falling debris. Constructing two approximately 10-foot by 20-foot pull-out rest areas (one at the northern perimeter of the Black River Riparian Forest and one east of Monster Road and northwest of the Black River pump station) Installing split-rail fencing and plantings to minimize the potential for disturbance to sensitive wildlife Between Fort Dent Park and Monster Road, the trail alignment lies south of the Black River. The westernmost 600 feet of the proposed trail 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 (approximately 4,300 linear feet) 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. The east terminus is located at a cul-de-sac on Naches Avenue SW near an office park. For plats indicate the proposed number, net density and range of sizes (net lot area) of the new lots Not applicable Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.) Not applicable Total estimated construction cost and estimated fair market value of the proposed project $3,000,000 Estimated quantities and type of materials involved if any fill or excavation is proposed Construction of the trail will involve the following: Preliminary earthwork quantities indicate approximately 1,500 cubic yards of cut and 3,000 cubic yards of fill, including crushed rock and asphalt, will be necessary. Please note that cuts and fills within the 100-year floodplain are balanced, with no net fill. In addition, based on geotechnical conditions, ground improvements will be constructed in the vicinity of the new bridge. Several options are under consideration: stone columns and deep soil mixing. These ground improvements would disturb an area of approximately 0.17 acre on the approaches to the bridge. Number, type and size of any trees to be removed The City of Renton has determined that all trees within 10 feet of the paved edge of the trail should be removed, as should all cottonwood trees within 20 feet of the paved edge of the trail, for the protection of public safety and the trail surface. A total of 151 trees would be removed as part of the project. Approximately 51 trees are within the riparian Vegetation Conservation buffer of the Black River in the City of Renton. About 45 trees would be removed within wetland buffers, of those 15 are also within riparian Vegetation Conservation buffers. About 70 trees are outside Critical Areas. Explanation of any land to be dedicated to the City A trail easement across rights-of-way owned by Burlington Northern Santa Fe and Union Pacific Railroads is proposed to connect the trail to the Green River Trail. Any proposed job shacks, sales trailers, and/or model homes During construction, a staging area and job shacks will be located on site, likely near the Monster Road portion of the alignment on areas currently cleared. Any proposed modifications being requested (include written justification) Variances are requested for Wetland buffers within shoreline jurisdiction and are addressed in Section 7 of this submittal. For projects located within 100 feet of a stream or wetland, Distance in feet from the wetland or stream to the nearest area of work Wetland 1/2 the trail surface is within 25 feet at the closest (139+30) with the cut/fill line within 18 feet Wetland 2A the trail surface is within 20 feet at the closest (139+50) with the cut/fill line within 3 feet Wetland 3, the trail surface is within 8 feet at the closest (126+70) with the retaining wall within 3 feet Wetland 5, the trail surface is within 15 feet at the closest (104+10) with the cut/fill line within 10 feet Wetland 6, the trail surface is within 12 feet at the closest (106+90 with the cut/fill line within 10 feet Distance from closest area of work to the ordinary high water mark. Black River, the trail is within 22 feet at the closest (6+70) and the cut/fill line is within 20 feet. Description of the nature of the existing shoreline South side of the Black River The south side of the Black River, from the mouth to the railroad bridges is riprapped with shrub vegetation on the river banks and a scattering to medium to large trees between the river and the nearly sports fields. At the railroad bridges, there is little or no vegetation under the bridges, with shrub/scrub vegetation between the bridges. Between the railroad bridges and west Monster Road there is a variety of shrub/scrub understory with overstory trees consisting largely of cottonwood between the river and the existing roadway. On the east side of Monster Road to the proposed bridge there is a variety of shrub/scrub understory with overstory trees consisting largely of willows and cottonwood with a large grass areas adjacent to the road. North side of the Black River On the north side of the Black River from Monster Road to the dam/pump station the bank is riprapped with shrub/scrub vegetation and a scattering of trees near the top of the bank. East of the dam/pump station the shoreline on both sides of the river has a variety of understory with dense overstory trees. The approximate location of and number of residential units, existing and potential, that will have an obstructed view in the event the proposed project exceeds a height of 35-feet above the average grade level Does not apply. No element of the project exceeds 35 feet. The project is largely at grade level. PROJECT JUSTIFICATION Introduction The following addresses criteria that apply to the project including Zoning Critical Areas Regulations in RMC 9-3-050 for portions of the project outside Shoreline Jurisdiction Shoreline Master Program Regulations in RMC 4-3-090 The primary regulations that apply to the proposed trail are found in the Renton Municipal Code (RMC) 4-3-090 Shoreline Master Program Regulations. These regulations also cross reference other applicable regulations that apply in the shoreline. In addition RMC 4-3-090.D.1 provides that: Although there are a variety of criteria for approval of a Conditional Use and Variance for this project, the basic criteria are met, as outlined below. Justification The proposed trail is allowed in the Natural Shoreline Environment if it meets Conditional Use criteria. The Lake to Sound Regional Trail is designed as part of the regional trail network in Renton and King County. It is in harmony with the Shoreline Management Act and local Shoreline Master Program goals of enhancing public access to the shoreline. The trail is an expansion of an existing trail and gravel road and incorporates design features to assure that it meets the overall Shoreline Management criteria of no net loss of ecological processes and functions. A variance is required for a paved trail in excess of four feet wide within wetland buffers. The existing gravel road in the trail corridor is currently 10 to 12 feet wide and exceeds the code standard. The minor widening within the existing cleared area and the removal of additional vegetation will be mitigated by buffer enhancement that will enhance overall wetland function in the Black River Riparian Forest. Vegetation removed to accommodate the trail will be replaced by additional plantings both within wetland and stream buffers and outside critical areas. The proposed trail will follow existing paths, maintenance roads, and disturbed areas at the periphery of the Black River Riparian Forest. Construction activities likely to disturb nesting herons will not be allowed near the Black River heron colony during sensitive periods. Areas between the nesting colony and the trail will be planted with native trees and shrubs to provide additional visual screening for herons.  The primary regulations that apply to the proposed trail are found in the Renton Municipal Code (RMC) 4-3-090 Shoreline Master Program Regulations. These regulations also cross reference other applicable regulations that apply in the shoreline. In addition RMC 4-3-090.D.1 provides that: Applicability: This Section shall apply to all use and development activities within the shoreline. Items included here will not necessarily be repeated in subsection E of this Section, Use Regulations, and shall be used in the evaluation of all shoreline permits. Renton Municipal Code provisions in Title IV, Development Regulations, Chapter 4, City-wide Property Development Standards (chapter 4-4 RMC) contain regulations and standards governing site development of property City-wide, such as parking, landscaping, fencing, and others. Such 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. A portion of the trail east of Monster road in the far northerly portion of the site near the railroad tracks is entirely outside Shoreline Management Act Jurisdiction. This report reproduces or summarizes applicable code requirements. Justification for how the proposal meets these criteria is provided in the boxed text.  Zoning Regulations Zoning Districts and regulations The trail corridor is located within three zoning districts as indicated in Figure 2-1: CO, Commercial Office to the East; RC, Resource Conservation within the largest portion of the Black River Riparian Forest; and IM, Industrial-Medium west of Monster Road. The Zoning Use Table in RMC 4-2-060 does not list trails as a use. Parks are an allowed use for Neighborhood Parks and for Existing regional and community parks and an administrative conditional use for new regional and community parks in the RC, IM and CO districts. Critical Areas Within Critical Areas regulated by RMC 4-3-050 trails are designated as an Exemption in Buffers by RMC 4-3-050.C.7.a. subject to the following: i. Trails and Open Space: Walkways and trails, and associated open space in critical area buffers located on public property, or where easements or agreements have been granted for such purposes on private property. All of the following criteria shall be met. (1) The trail, walkway, and associated open space shall be consistent with the Comprehensive Parks, Recreation, and Open Space Master Plan. The City may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals. (2) Trails and walkways shall be located in the outer twenty-five percent (25%) of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for: • Trail segments connecting to existing trails where an alternate alignment is not practical. • Public access points to water bodies spaced periodically along the trail. (3) Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area abutting a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required. (Ord. 5676, 12-3-2012) (4) Trail widths shall be a maximum width of twelve (12) feet. Trails shall be constructed of permeable materials. Impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts. Justification: The portion of the trail outside of Shoreline Management Act jurisdiction is allowed outright. The location is not restricted to the outer 25% of the buffer if it connects to existing tails where an alternative alignment is not practical. The proposed 12 foot trail is allowed by Critical Area regulations. Impervious surface is allowed for a Regional Trail that is designed for nonmotorized traffic.  Shoreline Master Program Regulations Decision Criteria The trail corridor within Shoreline Management Act jurisdiction is within a Natural Environment Designation as shown in Figure 2-2. Pursuant to RMC 4-9-190.B.7. Approval Criteria: In order to be approved, the Administrator of the Department of Community and Economic Development or designee must find that a proposal is consistent with the following criteria: a. All regulations of the Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards that have been modified by approval of a shoreline variance. b. All policies of the Shoreline Master Program appropriate to the shoreline area designation and the type of use or development activity proposed shall be considered and substantial compliance demonstrated. A reasonable proposal that cannot fully conform to these policies may be permitted, provided it is demonstrated to the Administrator of the Department of Community and Economic Development or designee that the proposal is clearly consistent with the overall goals, objectives and intent of the Shoreline Master Program. c. For projects located on Lake Washington the criteria in RCW 90.58.020 regarding shorelines of statewide significance and relevant policies and regulations of the Shoreline Master Program shall also be adhered to. Pursuant to RMC 4-9-190.I.5. Conditional Use, the following criteria must be met: a. Purpose: Upon proper application, and findings of compliance with conditional use permit criteria, a conditional use permit may be granted. 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. b. Decision Criteria: 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. A conditional use permit may be granted subject to the Administrator of the Department of Economic Development or designee determining compliance with each of the following conditions: i. The use must be compatible with other permitted uses within that area. ii. The use will not interfere with the public use of public shorelines. iii. Design of the site will be compatible with the surroundings and the Shoreline Master Program. iv. The use shall be in harmony with the general purpose and intent of the Shoreline Master Program. v. The use meets the conditional use criteria in WAC 173-27-160. Pursuant to WAC 173-27-160, the following criteria must be met The purpose of a conditional use permit is to provide a system within the 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. (1) Uses which are classified or set forth in the applicable master program as conditional uses may be authorized provided that the applicant demonstrates all of the following: (a) That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; (b) That the proposed use will not interfere with the normal public use of public shorelines; (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; (d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (e) That the public interest suffers no substantial detrimental effect. (2) 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 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 to the shoreline environment. Because there is overlap in the criteria in RMC 4-9-190.I.5. and WAC 173-27-160, the criteria are discussed below in the following subsections: 2.4.1 Conditional Use Criteria – Allowed Use, Consistency with Purpose and Regulations 2.4.2 Conditional Use Criteria – Compatibility with Permitted Uses 2.4.3 Conditional Use Criteria – Public Use of Public Shorelines 2.4.4 Conditional Use Criteria – Cumulative Impacts 2.4.5 Conditional Use Criteria – Public Interest Pursuant to RMC 4-9-190.I.4. Variances, the following criteria must be met: a. Purpose: Upon proper application, a substantial development permit 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. b. Decision Criteria: 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: 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. 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. iii. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. iv. The variance granted will be in harmony with the general purpose and intent of the Shoreline Master Program. 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 the provisions of the Shoreline Master Program. vi. The proposal meets the variance criteria in WAC 173-27-170. Pursuant to WAC 173-27-170, the following criteria must be met 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. (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. (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. (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. (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. (5) Variances from the use regulations of the master program are prohibited. Because there is overlap in the criteria in RMC 4-9-190.B.7.4. and WAC 173-27-170, the criteria are discussed below in the following subsections: 2.5.1 Variance Criteria – Exceptional or Unique Conditions 2.5.2 Variance Criteria – Reasonable Use 2.5.3 Variance Criteria – Detrimental to Public Welfare or Cause Adverse Impacts 2.5.4 Variance Criteria – Special Privilege 2.5.5 Variance Criteria – Minimum Necessary 2.5.6 Variance Criteria – Summary Conditional Use Criteria Because there is overlap in the criteria in RMC 4-9-190.I.5. and WAC 173-27-160, the criteria are discussed below in the following subsections: 2.4.1 Conditional Use Criteria – Allowed Use, Consistency with Purpose and Regulations 2.4.2 Conditional Use Criteria – Compatibility with Permitted Uses 2.4.3 Conditional Use Criteria – Public Use of Public Shorelines 2.4.4 Conditional Use Criteria – Cumulative Impacts 2.4.5 Conditional Use Criteria – Public Interest Conditional Use Criteria – Allowed Use, Consistency with Purpose and Regulations This subsection addresses the following criteria: RMC 4-9-190.I.5. a. Purpose: Upon proper application, and findings of compliance with conditional use permit criteria, a conditional use permit may be granted. 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. RMC 4-9-190.I.5. b.iv. The use shall be in harmony with the general purpose and intent of the Shoreline Master Program. WAC 173-27-160 (1) Uses which are classified or set forth in the applicable master program as conditional uses may be authorized provided that the applicant demonstrates all of the following: (a) That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; (d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and In evaluating this criteria, the following subsections address the following provisions: 2.4.1.1 Consistency with Policies in the Act and Comprehensive Plan 2.4.1.2 SMP Use Regulations in RMC 4-3-090.E. Use Table 2.4.1.3 SMP Wetland Regulations in RMC 4-3-090.D.2 No Net Loss 2.4.1.4 Mitigation Sequence 2.4.1.5 Compliance with Shoreline Critical Areas Regulations Consistency with Policies in the Act and Comprehensive Plan Shoreline regulations are liberally construed to give full effect to the objectives and purposes for which they have been enacted in accordance with RCW 90.58.900, Chapters 173-26 and 173-27 WAC and RMC 4-3-090.B.2.c. For context, the following provisions of the statute are relevant in interpreting objectives and purposes. RCW 90.58.020 Legislative findings — State policy enunciated — Use preference. [Part] The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which: (1) Recognize and protect the statewide interest over local interest; (2) Preserve the natural character of the shoreline; (3) Result in long term over short term benefit; (4) Protect the resources and ecology of the shoreline; (5) Increase public access to publicly owned areas of the shorelines; (6) Increase recreational opportunities for the public in the shoreline; (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. 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. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations 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, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW. [Emphasis Added] Similar polies are found in the Shoreline Management Element of the Renton Comprehensive Plan: Public Access Policies 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 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‐26. Both passive and active public areas should be designed and provided. Policy SH‐27. In order to encourage public use of the shoreline corridor, public parking should be provided at frequent locations on public lands and rights of way and may be required on private development. 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. Policy SH‐30. Development and management of public access should recognize the need to address adverse impacts to adjacent private shoreline properties and should recognize and be consistent with legal property rights of the owner. Just compensation shall be provided to property owners for land acquired for public use. Private access to the publicly owned shoreline corridor shall be provided to owners of property contiguous to said corridor in common with the public. Justification: The implementation of a Regional Trail System, as proposed in the Lake to Sound Trail, Segment A, is consistent with the policies providing a use preference to shoreline recreational uses and facilities that increase public access to publicly owned areas of the shorelines and increase recreational opportunities for the public in the shoreline. These policies are subject to policies to reserve the natural character of the shoreline; enjoy the physical and aesthetic qualities of natural shorelines, and consistent with control of pollution and prevention of damage to the natural environment, which is a criteria in the approvals considered below.  SMP Use Regulations in RMC 4-3-090.E. Table 4-3-090E1 Shoreline Use Table regulates the proposed trail in two provisions. Public Hiking and Bicycle Trails, Over Land is a Hearing Examiner Conditional Use within the Natural Environment. Footnote 1. adds the following: Provided that the use does not degrade the ecological functions or natural character of the shoreline area. Expansion of Existing Over-Water Trails is a Hearing Examiner Conditional Use within the Natural Environment. Footnote 10. adds the following: 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 at subsection D4f of this Section and if impacts are limited. [Reproduced below] Justification: Shoreline Use Table The proposed trail is allowed if it meets Conditional Use criteria. The trail is an expansion of an existing trail insofar as the portion of the trail on City-owned property has been used as a 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. Compliance with Conditional Use criteria is discussed in multiple Subsections of this discussion.  Regulations for Trails are found in RMC 4-3-090.E.10,d Trails: i. 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. ii. The location and design of trails shall create the minimum impact on adjacent property owners including privacy and noise. iii. 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. (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. iv. 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. RMC 4-3-090.D.4.d. Design Criteria for Public Access Sites: Public access shall incorporate the following location and design criteria: 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. iv. Resolution of Different Standards: Where City trail or transportation plans and development standards specify dimensions that differ from those in subsections D4di, D4dii, or D4diii of this Section, the standard that best serves public access, while recognizing constraints of protection and enhancement of ecological functions, shall prevail. v. Access Requirements Determined by Reach: A coordinated program for public access for specified shoreline reaches is established in the Comprehensive Plan, Shoreline Management Element, Policy SH-31 Table of Public Access Objectives by Reach and in subsection D4f of this Section, Table of Public Access Requirements by Reach: (a) The City shall utilize the reach policies for public access as guidance in applying these provisions to individual development sites. (b) The City shall utilize the reach policies for public access as guidance in planning and implementing public projects. The referenced entry in the table reads: Black River /Springbrook 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.   Justification: Development Standards for Trails Trails are recognized as a desirable element for enhanced public access, subject primarily criteria for protecting the existing environment and shoreline ecological functions which is addressed in Subsection 7.4.1.3, No Net Loss and under individual Critical Areas, below. The location of the trail is the perimeter of the Black River Riparian Forest, along an existing maintenance road, which minimizes impacts to the existing environment and shoreline ecological functions. The location of the trail does not create visual or noise impacts to adjacent property owners. The trail alignment diverts higher speed trail users away from the narrow soft-surface to the south that is used to view wildlife. The trail meets the criteria for an overwater structure as an expansion of an existing trail insofar as the portion of the trail on City-owned property has been used as a 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. The provisions for permeable materials and width limited to 6 to 8 feet in areas of vegetated open space is modified by the recognition in RMC 4-3-090.D.4.d.iv. that adopted city plans may specify other dimensions that should prevail. In this case, the standards for a Regional Trail best serves public access, while recognizing constraints of protection and enhancement of ecological functions. The policies for public access in different reaches is a guideline and not a directive. The criteria for the proposed trail is to be considered in terms of consistency with ecological functions, which is addressed in detail below. The trail referenced adjacent to the sewage treatment plant is the Springbrook Trail and is separate from the Lake to Sound Regional Trail under consideration. Split rail fencing is proposed on the south side of the trail through the riparian forest to discourage foot traffic through adjacent sensitive areas.   Justification: Development Standards for Trails Trails are recognized as a desirable element for enhanced public access, subject primarily criteria for protecting the existing environment and shoreline ecological functions which is addressed in Subsection 7.4.1.3, No Net Loss and under individual Critical Areas, below. The location of the trail is the perimeter of the Black River Riparian Forest, along an existing maintenance road, which minimizes impacts to the existing environment and shoreline ecological functions. The location of the trail does not create visual or noise impacts to adjacent property owners. The trail alignment diverts higher speed trail users away from the narrow soft-surface to the south that is used to view wildlife. The trail meets the criteria for an overwater structure as an expansion of an existing trail insofar as the portion of the trail on City-owned property has been used as a 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. The provisions for permeable materials and width limited to 6 to 8 feet in areas of vegetated open space is modified by the recognition in RMC 4-3-090.D.4.d.iv. that adopted city plans may specify other dimensions that should prevail. In this case, the standards for a Regional Trail best serves public access, while recognizing constraints of protection and enhancement of ecological functions. The policies for public access in different reaches is a guideline and not a directive. The criteria for the proposed trail is to be considered in terms of consistency with ecological functions, which is addressed in detail below. The trail referenced adjacent to the sewage treatment plant is the Springbrook Trail and is separate from the Lake to Sound Regional Trail under consideration. Split rail fencing is proposed on the south side of the trail through the riparian forest to discourage foot traffic through adjacent sensitive areas.  SMP Regulations in RMC 4-3-090.D.2 No Net Loss The following applies to all development within Shoreline Management Act jurisdiction: 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 conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. ii. Impact Evaluation Required: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts shall be considered and mitigated on- or off-site. iii. Evaluation of Mitigation Sequencing Required: An application for any permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Mitigation shall occur in the following prioritized order: (a) Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action. (b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts. (c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment. (d) Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and taking appropriate corrective measures. Justification: Analysis of potential ecological impacts of the proposal is contained in the following reports included in the application: Critical Areas Study Stream Report Vegetation and Wildlife Report Floodplain Study These studies document that: Impacts of the proposal are limited in magnitude because the route of the trail follows an existing gravel roadway east of Monster Road and an existing informal pedestrian path and roadway west of Monster Road. The impacts on vegetation and related elements of the natural environment are limited because the existing trail corridor has previously disturbed natural vegetation communities within the area affected by elements of the proposed trail. Additional impervious surface will not have an adverse impact on receiving waters or nearby wetlands due to stormwater management. The trail is a non-pollutant-generating surface. The trail has been located and designed to minimize impacts of additional human use of the trail corridor on affect wildlife in the vicinity. Construction activities likely to disturb nesting herons will not be allowed near the Black River heron colony during sensitive periods. Areas between the nesting colony and the trail will be planted with native trees and shrubs to provide additional visual screening for herons. Mitigation measures including wetland buffer restoration, plantings to further screen the heron colony, and fencing and a variety of construction mitigation in each report and summarized below will mitigate impacts to result in no-net loss of ecological functions.  Mitigation Sequence The provisions of RMC 4-3-090.D.2.a.i iii require demonstration that all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions and requires that mitigation shall occur in the following prioritized order. (a) Consideration of avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action has taken place through evaluation of alternatives including: Justification: Alternatives have been evaluated in the development of the proposal and are depicted in Figure 2-4: Alternative 1. This alternative alignment would follow the Springbrook Trail to Grady Way and then follow Grady Way west. This alignment would not continue across Interurban Avenue because of the high traffic volumes and safety considerations at this intersection. Instead, the trail would loop to the east to pick up the existing Interurban Trail which winds its way to an existing safe undercrossing of Interurban Avenue. The only portion of this alignment that would be separated from vehicular traffic is the stretch along the existing Springbrook Trail. Grady Way is a major arterial with high traffic volumes. The existing sidewalk along the north side of Grady Way is only 8 feet wide and is immediately adjacent to the curb. This does not meet regional trail standards for width or separation for a two-way multi-use trail in an urban area. The vehicular lane widths cannot be narrowed to accommodate widening of the sidewalk, so widening must occur to the north. The widening of the sidewalk from Springbrook Trail to Longacres Drive SW would require the removal of mature street trees that screen the adjacent industrial uses from Grady Way and I-405. From Longacres Drive SW to Interurban Boulevard, Grady Way is elevated. The estimated cost of bridge structure widening is seven times the cost of the proposed alignment for Segment A. In conclusion, Alternative 1 is not feasible and prudent due to cost and safety considerations. (See Figure 2-4) Alternative 2. Like Alternative 1, this alternative alignment would follow the Springbrook Trail to Grady Way. Trail users would cross Grady Way via the existing traffic signal at Oakesdale Avenue and then go under I-405 via an existing tunnel. Starting at SW 16th Street, the trail would follow the existing street system to Longacres Way and cross under the rail corridor via an existing undercrossing. However, the width of existing undercrossing is constrained by the existing railroad bridge piers. As a result, trail users must either share the road for a short distance, or modifications to the bridge structure would be required at substantial cost and potential disruption to the heavy rail lines. In conclusion, Alternative 2 is not feasible and prudent due to cost and safety considerations. (See Figure 2-4) Alternative 3. This alternative would construct the proposed trail between Fort Dent Park and Monster Road and utilize Monster Road SW and Oakesdale Avenue SW to SW 7th Street at Naches Avenue SW. These streets are principal arterials with high traffic volumes. The existing sidewalk along the south side of Monster Road from the Black River Bridge about one quarter mile to Oakesdale Avenue is 4 to 6 feet wide and directly adjacent to the curb. On Oakesdale Avenue the sidewalk is separated from the curb by a 4 to 6 foot wide landscape area and is 4 to 6 feet wide. The width required for a regional trail combined with the required width of separation cannot be met in the available areaa. The vehicular lane widths cannot be narrowed to accommodate widening of the sidewalk, so construction of a trail to the north on Monster Road and widening on Oakesdale Avenue would be required. To provide adequate separation from the road, this would require the removal of mature trees in the adjacent Black River Forest and would encroach on the parking lot of the Black River Office Park for about 10,000 feet at Oakesdale Avenue SW and SW 7th Street. Alternative 3 would not provide the same benefits or safety of the preferred two-way multi-use trail on a separate right-of-way. Alternative 4. This alternative would construct the proposed trail between Fort Dent Park and Monster Road and utilize an existing trail through the Black River Forest from the Monster Road Bridge to the Springbrook Trail, then cross Springbrook Creek to SW 7th Street and continue as a sidepath to Naches Avenue SW. The existing trail on the south side of the Black River through Black River Forest is primarily a soft surface nature trail. It is located near the river and is currently used to view the Great Blue Heron Rookery on the north side of the river with limited intervening vegetation screening, as well as to view other wildlife and birds that occur in this area. Development of a Regional Trail on this alignment would not only increase the number, character and frequency of trail users and their associated visual and noise impacts, but it would require the removal of numerous trees in close proximity to an existing Heron colony and more extensive grading to create the necessary vertical and horizontal geometry.   Justification: Alternatives have been evaluated in the development of the proposal and are depicted in Figure 2-4: Alternative 1. This alternative alignment would follow the Springbrook Trail to Grady Way and then follow Grady Way west. This alignment would not continue across Interurban Avenue because of the high traffic volumes and safety considerations at this intersection. Instead, the trail would loop to the east to pick up the existing Interurban Trail which winds its way to an existing safe undercrossing of Interurban Avenue. The only portion of this alignment that would be separated from vehicular traffic is the stretch along the existing Springbrook Trail. Grady Way is a major arterial with high traffic volumes. The existing sidewalk along the north side of Grady Way is only 8 feet wide and is immediately adjacent to the curb. This does not meet regional trail standards for width or separation for a two-way multi-use trail in an urban area. The vehicular lane widths cannot be narrowed to accommodate widening of the sidewalk, so widening must occur to the north. The widening of the sidewalk from Springbrook Trail to Longacres Drive SW would require the removal of mature street trees that screen the adjacent industrial uses from Grady Way and I-405. From Longacres Drive SW to Interurban Boulevard, Grady Way is elevated. The estimated cost of bridge structure widening is seven times the cost of the proposed alignment for Segment A. In conclusion, Alternative 1 is not feasible and prudent due to cost and safety considerations. (See Figure 2-4) Alternative 2. Like Alternative 1, this alternative alignment would follow the Springbrook Trail to Grady Way. Trail users would cross Grady Way via the existing traffic signal at Oakesdale Avenue and then go under I-405 via an existing tunnel. Starting at SW 16th Street, the trail would follow the existing street system to Longacres Way and cross under the rail corridor via an existing undercrossing. However, the width of existing undercrossing is constrained by the existing railroad bridge piers. As a result, trail users must either share the road for a short distance, or modifications to the bridge structure would be required at substantial cost and potential disruption to the heavy rail lines. In conclusion, Alternative 2 is not feasible and prudent due to cost and safety considerations. (See Figure 2-4) Alternative 3. This alternative would construct the proposed trail between Fort Dent Park and Monster Road and utilize Monster Road SW and Oakesdale Avenue SW to SW 7th Street at Naches Avenue SW. These streets are principal arterials with high traffic volumes. The existing sidewalk along the south side of Monster Road from the Black River Bridge about one quarter mile to Oakesdale Avenue is 4 to 6 feet wide and directly adjacent to the curb. On Oakesdale Avenue the sidewalk is separated from the curb by a 4 to 6 foot wide landscape area and is 4 to 6 feet wide. The width required for a regional trail combined with the required width of separation cannot be met in the available areaa. The vehicular lane widths cannot be narrowed to accommodate widening of the sidewalk, so construction of a trail to the north on Monster Road and widening on Oakesdale Avenue would be required. To provide adequate separation from the road, this would require the removal of mature trees in the adjacent Black River Forest and would encroach on the parking lot of the Black River Office Park for about 10,000 feet at Oakesdale Avenue SW and SW 7th Street. Alternative 3 would not provide the same benefits or safety of the preferred two-way multi-use trail on a separate right-of-way. Alternative 4. This alternative would construct the proposed trail between Fort Dent Park and Monster Road and utilize an existing trail through the Black River Forest from the Monster Road Bridge to the Springbrook Trail, then cross Springbrook Creek to SW 7th Street and continue as a sidepath to Naches Avenue SW. The existing trail on the south side of the Black River through Black River Forest is primarily a soft surface nature trail. It is located near the river and is currently used to view the Great Blue Heron Rookery on the north side of the river with limited intervening vegetation screening, as well as to view other wildlife and birds that occur in this area. Development of a Regional Trail on this alignment would not only increase the number, character and frequency of trail users and their associated visual and noise impacts, but it would require the removal of numerous trees in close proximity to an existing Heron colony and more extensive grading to create the necessary vertical and horizontal geometry.   Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts. Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment. Justification: The proposal limits the degree or magnitude of the action and its implementation by using appropriate technology and engineering, and by taking affirmative steps to avoid or reduce adverse impacts by: Alignment. The proposed trail follows the perimeter of the Black River Riparian Forest, avoiding habitat fragmentation and disturbance within the central portion of the natural area. Use of existing disturbed areas. The proposed trail follows existing paths, maintenance roads and disturbed areas (see Section 1.3, Project Area and Setting) and uses an existing bridge crossing of the Black River to minimize disturbance of adjacent, existing forest, significant trees, wetlands and buffers, stream buffers, and the species that use these areas. Strategic widening. In the Black River Riparian Forest, trail widening would occur toward the perimeter, again to avoid the central portion of the natural area and the associated habitat. Minimizing earthwork. In Fort Dent Park, where the topography is more 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 or 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 incursions. 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 and 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 disturb nesting eagles, will be implemented. All areas temporarily affected by construction would be restored to pre-construction conditions and re-planted or seeded with native species.   Justification: The proposal limits the degree or magnitude of the action and its implementation by using appropriate technology and engineering, and by taking affirmative steps to avoid or reduce adverse impacts by: Alignment. The proposed trail follows the perimeter of the Black River Riparian Forest, avoiding habitat fragmentation and disturbance within the central portion of the natural area. Use of existing disturbed areas. The proposed trail follows existing paths, maintenance roads and disturbed areas (see Section 1.3, Project Area and Setting) and uses an existing bridge crossing of the Black River to minimize disturbance of adjacent, existing forest, significant trees, wetlands and buffers, stream buffers, and the species that use these areas. Strategic widening. In the Black River Riparian Forest, trail widening would occur toward the perimeter, again to avoid the central portion of the natural area and the associated habitat. Minimizing earthwork. In Fort Dent Park, where the topography is more 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 or 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 incursions. 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 and 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 disturb nesting eagles, will be implemented. All areas temporarily affected by construction would be restored to pre-construction conditions and re-planted or seeded with native species.  Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. Justification: The mitigation measures described will be monitored, particularly the survival of plants installed, and the effectiveness of wetland buffer mitigation and corrective action implemented to assure that the specifications of the mitigation plan are met.  Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and taking appropriate corrective measures. Justification: To compensate for ecological function adversely impacts Habitat improvement and restoration will 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. In addition to the habitat improvements described above, native trees and shrubs would be planted along approximately 250 feet of the trail to 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.   Justification: To compensate for ecological function adversely impacts Habitat improvement and restoration will 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. In addition to the habitat improvements described above, native trees and shrubs would be planted along approximately 250 feet of the trail to 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.  Compliance with Shoreline Critical Areas Regulations The attached Critical Areas Studies calculate impacts to critical areas and critical area buffers within Shoreline jurisdiction. Critical Areas Study Stream and Lake Report Vegetation and Wildlife Report Floodplain Study Wetlands Wetlands with the SMP are governed by the provisions of RMC 4-3-090.D.2.d. Wetlands are rated based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised August 2004 (Ecology Publication No. 04-06-025). There are for categories with varying buffers as indicated in the table below. Wetland Buffer Widths City of Renton Rating Buffer   Low Wildlife Function (less than 20 points) Moderate Wildlife Function (20-28 points) High Wildlife Function (29 or more points)  IV 50 50 50  III 75 125 150  II 100 150 225  I 125 150 225   Performance standards for trails within wetlands and wetland buffers are found in RMC 4-3-090.D.2.d.ix.f and provides: 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, III, 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. Criteria (1) and (2) are addressed in the Variance discussion in Section 7.5, below Impacts Summary See the Critical Areas Study for a full discussion of Wetland Existing Conditions, Impacts and Mitigating Measures. No wetlands would be permanently or temporarily affected as a result of this project. Some impacts on wetland buffers are unavoidable, as shown in the table below. Wetland and Buffer Impacts Wetland City of Renton Ratinga Wetland Buffer    Perm. Impacts acres (square feet) Temp. Impacts acres (square feet) Perm. Impacts acres (square feet) Temp. Impacts acres (square feet)  1/2 Complex II 0.00 (0) 0.00 (0) 0.27 (11,941) 0.07 (2,848)  3 IV 0.00 (0) 0.00 (0) 0.06 (2,695) 0.01 (600)  4 IV 0.00 (0) 0.00 (0) 0.00 (0) 0.00 (0)  5 III 0.00 (0) 0.00 (0) 0.14 (6,154) 0.02 (980)  6 III 0.00 (0) 0.00 (0) 0.01 (531) 0.02 (874)  7 III 0.00 (0) 0.00 (0) 0.00 (0) 0.00 (0)  BR II 0.00 (0) 0.00 (0) 0.00 (0) 0.00 (0)   Totalb 0.00 (0) 0.00 (0) 0.49 (21,321) 0.12 (5,302)  a Renton SMP (4-3-090.D.2.d.ii) b Total acreage of impact was determined by converting the square footage of the total impact into acres and then rounding to the nearest 0.01 acre. Total quantities include buffer impact areas that occur where wetland and stream buffers overlap. Perm. = Permanent, Temp. = Temporary  Mitigation Proposed conceptual mitigation is detailed in the Critical Areas Report 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 and concrete pieces would be removed, soil and mulch installed, and native vegetation planted. Mitigation would consist of planting, or underplanting, in an area where existing riparian conditions are 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 LWD recruitment, stream temperature regulation, bank stability, leaf litter recruitment, and water quality functions. The goal 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 areas of wetland buffer would be enhanced in accordance with RMC 4-03-090.D.2.d.xii. to 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 from within the buffer. See the Critical Areas Study, Section 5, Mitigation for full details. Justification: As indicated in the analysis above Trails are recognized as an appropriate use, as long as they do not significantly affect the function of the wetland or regulated buffer. This trail corridor has been in existence at least since the 1960s as a gravel road. Any effects on the functions of the wetland or buffer has taken place and may be considered permanent, due to the length of time they have been present. The addition of a paved surface and minor grading and retaining walls in some areas will not significantly change the function of the affected wetlands and buffers. The proposed mitigation outlined above addresses Criteria (3): The trail or facility is constructed and maintained in a manner that minimizes disturbance of the wetland or buffer. The buffer impacts will be mitigated through enhancement of buffer areas. Criteria (1) through (3) are addressed in the Variance discussion in Section 7.5, below.  Fish and Wildlife Habitat Fish Habitat Critical Area Regulations for Class 1 Fish Habitat Conservation Areas: Environments designated as Natural or Urban Conservancy are considered Class 1 Fish Habitat Conservation Areas in the Shoreline Master Program (SMC 4-3-090.D.2.c.iii.) Regulations for fish habitat conservation areas Class 1 Streams and Lakes are contained within the development standards and use standards of the Shoreline Master Program, including but not limited to subsection SMC 4-3-090.F.1 Vegetation Conservation, which establishes vegetated buffers adjacent to water bodies. The Vegetation Conservation Buffer for the Black River defined in Table 4-3-090D7a is 100 feet, however reductions in the buffer are allowed by Shoreline Conditional Use Permit in SMC SMC 4-3-090.F.1.d.iv(1). The specific standards are discussed above in Subsection 7.3.2.2 SMP Use Regulations in RMC 4-3-090.E, the same justification applies to steams as a Critical Area. Impacts Summary See the Critical Areas Study and Stream Study for a full discussion of Existing Conditions, Impacts and Mitigating Measures. It is anticipated that there would be no permanent impacts on streams. Temporary impacts are related to construction of the pedestrian bridge, which would take place entirely above Ordinary High Water (OHW). The project would result in 0.38 acre of permanent impacts and 0.10 acre of temporary impacts on the Vegetation Conservation buffer of the Black River. Additional stream buffer area will be impacted by the new pedestrian bridge. Impacts to critical areas are minimized by locating the trail on an existing gravel maintenance road and path around the perimeter of the Black River Riparian Forest. Additional methods used for avoiding and minimizing impacts are documented in Section 5 of the Critical Areas Study. Onsite buffer enhancement is proposed for compensatory mitigation as outlined in Section 5 of the Critical Areas Study. For impacts resulting from the pedestrian bridge, a mitigation area is proposed between the Monster Road bridge and the pedestrian bridge on both sides of the river. Justification: Trails are recognized as an appropriate use within stream buffers, as long as they do not significantly affect the function of the wetland or regulated buffer. This trail corridor has been in existence at least since the 1960s as a gravel road. Any effects on the functions of the stream or buffer has taken place and may be considered permanent, due to the length of time they have been present. The provisions in stream buffers for permeable materials and width limited to 6 to 8 feet in areas of vegetated open space is overridden by the recognition in RMC 4-3-090.D.4.d.iv. that adopted city plans may specify dimensions, In this case, the standards for a Regional Trail best serves public access, while recognizing constraints of protection and enhancement of ecological functions. The only facility to affect the stream directly is the pedestrian bridge which will be constructed entirely outside of OHW and will include restoration of areas temporarily disturbed. The stream buffer area disturbed by addition of a paved surface and minor grading and retaining walls in some areas will not significantly change the function of the affected stream buffers. The proposed mitigation outlined maintains or improves stream buffer function. Stream Vegetation Conservation areas between the trail and the stream will be enhanced by restoration planting.  Critical Habitat The Renton Critical Areas Regulations define Fish and Wildlife Conservation Areas (FWCA) Critical habitats in RMC 4-3-050 K..b.1 as “…identified by lists, categories and definitions of species promulgated by the Washington State Department of Fish and Wildlife (Non-game Data System Special Animal Species) as identified in WAC 232-12-011; in the Priority Habitat and Species Program of the Washington State Department of Fish and Wildlife; or by rules and regulations adopted currently or hereafter by the U.S. Fish and Wildlife Service.” For this area, species assessed include Great Blue Heron, Bald Eagle, Western Toad, Peregrine Falcon, Pileated Woodpecker, and Townsend’s Big-eared Bat. See the Vegetation and Wildlife Discipline Report for additional detail on resources, impacts and mitigation. Great Blue Heron WDFW’s management recommendations for great blue herons state that grading, construction, and vegetation clearing should not occur within a nesting colony or its year-round buffer. As shown in Figure 4-1 in the Vegetation and Wildlife Report, approximately 430 linear feet of the proposed trail alignment falls within the year-round buffer for the Black River nesting colony (i.e., a 656-foot radius from the outermost nests observed during field investigations; it should be borne in mind that future nesting attempts could occur in locations closer to the proposed trail alignment). At its nearest point, the trail would be approximately 600 feet from the nesting area. Specific mitigation is discussed in the Vegetation and Wildlife Discipline Report and listed above in Subsection 7.4.2 Mitigation Sequence Bald Eagle The nearest bald eagle nest location is more than 1,000 feet from the proposed trail alignment. According to guidelines developed by the USFWS (2007), clearing, construction, and landscaping activities more than 660 feet away from an active nest are unlikely to cause disturbance to nesting bald eagles. Because the nearest nest is beyond this distance, trail construction would not be expected to result in any disturbance of nesting bald eagles. Based on recommendations from USFWS (2007), non-motorized recreational activities more than 330 feet from active nests are unlikely to disturb nesting bald eagles. The entire alignment is more than 330 feet from any current or historical bald eagle nest sites. Western Toad Trail construction in wetland buffers could affect the quality of breeding habitat for western toads by modifications to wetland hydrology or water quality. The affected wetlands, however, may be too small to offer sufficient breeding habitat. Western toads are more likely to breed in larger ponds in the study area (Jones et al. 2005), none of which would be affected by trail construction. Wetland buffer mitigation may result in habitat improvements, although not necessarily within the study area (see the Wetland Discipline Report [Parametrix 2011a]). Peregrine Falcon No peregrine falcon nests have been documented within 5 miles of the project area, and no potentially suitable nesting sites occur within 1 mile Pileated Woodpecker No large trees or snags that provide potential nesting or foraging sites for pileated woodpeckers would be removed for trail construction. If any birds are present while construction activities are underway, their breeding or feeding activities could be disrupted by increased levels of noise and human activity. Such effects would be temporary and localized, however, and would not be expected to result in any long-term effects. Townsend’s Big-eared Bat Nursery colonies of Townsend’s big-eared bats are not likely to be located in the area because no caves or abandoned buildings occur in the study area, and the structures in the area are unlikely to provide suitable roosting sites. Justification: The most sensitive Critical Habitat in the area is the Great Blue Heron nesting colony located on the north side of the Black River, the location of the trail, seasonal limits on construction and enhancement by providing trees as a visual buffer will mitigate impacts. Potential impacts of the proposed trail corridor are minimized because the existing roadway has been in existence at least since the 1960s and has been used as a pedestrian trail since the city acquired the land in the early 1990s, and the railroad and quarry to the north introduce regular impacts such as noise. The use as a Regional Trail will increase use. The location of the trail meets WDFW recommendations for buffers. In addition, screening vegetation is proposed where existing vegetated cover is less dense. The proposed trail is projected to minimize impacts on Critical Species that use the area.  Conditional Use Criteria – Compatibility with Permitted Uses This subsection addresses the following criteria: RMC 4-9-190.I.5. b. Decision Criteria: 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. A conditional use permit may be granted subject to the Administrator of the Department of Economic Development or designee determining compliance with each of the following conditions: i. The use must be compatible with other permitted uses within that area. WAC 173-27-160 (1) (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; Permitted Uses The most general discussion of permitted uses is found in RMC 9-03-090.C.1., the description of the Natural Environment Overlay District: Designation of the Natural Environment Overlay District: The objectives and criteria for the designation of this district are located in the Shoreline Management Element of the Comprehensive Plan. Application: The location of this district is found on the Shoreline Environment Overlay Map, see subsection A6 of this Section, and shall include that portion of the north bank of the Black River lying west of its confluence with Springbrook Creek. Acceptable Activities and Uses: As listed in subsection E of this Section, Use Regulations. The Comprehensive Plan contains the following provisions for the Shoreline Natural Environment Overlay District Objective: 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 environment is intended to provide areas of wildlife sanctuary and habitat preservation. Areas to be Designated as a Natural Environment: A Natural Area designation is assigned to shoreline areas if any of the following characteristics apply: The shoreline retains the majority of natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of structural shoreline modifications, structures, and intensive human uses. Shoreline areas that provide valuable functions for the larger aquatic and terrestrial environments, which could be lost or significantly reduced by human development. The shoreline represents ecosystems that are of particular scientific and educational interest. Shorelines with large areas of relatively undisturbed areas of wetlands. Shorelines that support specific important wildlife habitat, such as heron rookeries. The shoreline is unable to support new development, extractive uses, or physical modifications or uses without significant adverse impacts to ecological functions. Table 4-3-090E1 Shoreline Use Table includes the following permitted uses: Aquaculture Preservation and Enhancement of Natural Features or Ecological Processes Low Intensity Scientific, Cultural, Historic, or Educational Use Fish and Wildlife Resource Enhancement Table 4-3-090E1 Shoreline Use Table includes the following conditional uses: Parks, Neighborhood Parks, Regional/Community Passive Recreation Public Hiking and Bicycle Trails, Over Land Expansion of Existing Over-Water Trails Structures for Floodway Management, Including Drainage or Storage and Pumping Facilities Justification: The development of a trail is consistent with the range of uses anticipated for the Natural Environment Overlay District including parks and trails. As discussed above, it is also consistent with the general polices in the act and the Comprehensive Plan for increasing public access to the shoreline. As indicated above n the discussion of Critical Areas in Section 7.3.2.5, the proposal is not expected to have an substantial impact on natural shoreline functions, or on valuable functions for the larger aquatic and terrestrial environments, or on ecosystems that are of particular scientific and educational interest, on undisturbed areas of wetlands (since the trail is within an areas currently disturbed), or on important wildlife habitat, such as heron rookeries, and will meet the overall objective of preserving unique and fragile shoreline or wetland environments that are ecologically intact as close to their natural state as possible   Justification: The development of a trail is consistent with the range of uses anticipated for the Natural Environment Overlay District including parks and trails. As discussed above, it is also consistent with the general polices in the act and the Comprehensive Plan for increasing public access to the shoreline. As indicated above n the discussion of Critical Areas in Section 7.3.2.5, the proposal is not expected to have an substantial impact on natural shoreline functions, or on valuable functions for the larger aquatic and terrestrial environments, or on ecosystems that are of particular scientific and educational interest, on undisturbed areas of wetlands (since the trail is within an areas currently disturbed), or on important wildlife habitat, such as heron rookeries, and will meet the overall objective of preserving unique and fragile shoreline or wetland environments that are ecologically intact as close to their natural state as possible  Conditional Use Criteria – Public Use of Public Shorelines This subsection addresses the following criteria: RMC 4-9-190.I.5. b.ii. The use will not interfere with the public use of public shorelines. WAC 173-27-160 (1) (b) That the proposed use will not interfere with the normal public use of public shorelines; Normal use of the site of the proposed trail includes: Preservation of shoreline ecological processes and functions; Flood control Railroad rights-of-way Public trail use Public interpretive use Justification: The development of a trail is consistent with the range of public uses anticipated for the Natural Environment Overlay District including parks and trails. As discussed above, it is also consistent with the general polices in the act and the Comprehensive Plan for increasing public access to the shoreline. As indicated above n the discussion of Critical Areas in Section 7.3.2.5, the proposal is not expected to have a substantial impact on natural shoreline functions, it will not adversely affect the flood control use, and will enhance public interpretive use.  Conditional Use Criteria – Cumulative Impacts This subsection addresses the following criterion: WAC 173-27-160 (2) 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 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 to the shoreline environment. Justification: Any additional requests for similar trails in the area would be required to meet the same stringent criteria as this trail. There are no other existing road corridors in the area that a trail system could to developed within, therefore there are not likely to be cumulative impacts for a “like action.” The King County and City trail plans designate no other regional trail corridors in the area.   Justification: Any additional requests for similar trails in the area would be required to meet the same stringent criteria as this trail. There are no other existing road corridors in the area that a trail system could to developed within, therefore there are not likely to be cumulative impacts for a “like action.” The King County and City trail plans designate no other regional trail corridors in the area.  Conditional Use Criteria – Public Interest This subsection addresses the following criterion: WAC 173-27-160 (1) (e) That the public interest suffers no substantial detrimental effect. The public interest is the sum-total of all the purposes the Shoreline Management Act and the Renton Shoreline Master Program is designed to further. Justification: As discussed above, the development of a trail is Consistent with the purpose of providing public access to the shoreline It will not have a substantial impact on natural shoreline functions, critical areas, public use of the shoreline, the current flood control use, and will enhance public interpretive use.  Variance Criteria Pursuant to RMC 4-9-190.I.7.5. Variances, the following general criteria must be met: Purpose: Upon proper application, a substantial development permit 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. [Emphasis Added] Pursuant to WAC 173-27-170, the following general criteria must be met 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. [Emphasis Added] Variance is requested for the following provisions of the Shoreline Master program: RMC 4-3-090.D.2.d.ix.f (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; Variance Criteria – Exceptional or Unique Conditions This subsection addresses the following criterion: RMC 4-9-190.I.5.b.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. WAC 173-27-170 (2) (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; Justification: The unique, and exceptional conditions applying to the property, that do not apply to other properties and do not result from the applicants actions include: The proposed location of the trail is on a corridor that either has been used informally as a public trail (the area west of Monster Road) or 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 on 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 railroad and other uses. Such 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.  Variance Criteria – Reasonable Use This subsection addresses the following criteria: RMC 4-9-190.I.7.5.b.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. WAC 173-27-170 (2) (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; Justification: The imposition of 1. A four foot (4') width limit 2. A limit to gravel or pervious material, including boardwalks; and 3. A location in the outer fifty percent (50%) of the wetland buffer area would deprive the public of enjoyment of the benefits of a regional trail corridor and interferes with reasonable use of the property by: Not recognizing the unique features of the site that make it especially suitable for a Regional Trail from the point of view of connection with other elements of the trail corridor Not recognizing the informal path as a public trail west of Monster Road and the gravel road to the east 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. Not recognizing that the existing uses, including the BNSF and UP railroad mainlines west of Monster Road and the existing gravel road to the east already has substantially impacts natural functions of buffers and is currently in excess of the four (4) foot limit and is closer to the wetland than the outer 50% of the buffer. Not recognizing that the limit to pervious surface are not necessary for protection of wetland function and also does not lead to additional impacts to other critical areas due to the small impervious area proposed, the limited runoff and the large setbacks generally provided to receiving surface waters.   Justification: The imposition of 1. A four foot (4') width limit 2. A limit to gravel or pervious material, including boardwalks; and 3. A location in the outer fifty percent (50%) of the wetland buffer area would deprive the public of enjoyment of the benefits of a regional trail corridor and interferes with reasonable use of the property by: Not recognizing the unique features of the site that make it especially suitable for a Regional Trail from the point of view of connection with other elements of the trail corridor Not recognizing the informal path as a public trail west of Monster Road and the gravel road to the east 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. Not recognizing that the existing uses, including the BNSF and UP railroad mainlines west of Monster Road and the existing gravel road to the east already has substantially impacts natural functions of buffers and is currently in excess of the four (4) foot limit and is closer to the wetland than the outer 50% of the buffer. Not recognizing that the limit to pervious surface are not necessary for protection of wetland function and also does not lead to additional impacts to other critical areas due to the small impervious area proposed, the limited runoff and the large setbacks generally provided to receiving surface waters.  Variance Criteria – Detrimental to Public Welfare or Cause Adverse Impacts This subsection addresses the following criterion: RMC 4-9-190.I.5. b. iii. The variance permit will not be materially detrimental to the public welfare or injurious to property on the shorelines in the same vicinity. iv. The variance granted will be in harmony with the general purpose and intent of the Shoreline Master Program. WAC 173-27-170 (2) (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; Justification: As documented above in the following Conditional Use Criteria: 7.3.3 Conditional Use Criteria – Allowed Use, Consistency with Purpose and Regulations 7.3.4 Conditional Use Criteria – Compatibility with Permitted Uses 7.3.5 Conditional Use Criteria – Public Use of Public Shorelines 7.3.6 Conditional Use Criteria – Cumulative Impacts 7.3.7 Conditional Use Criteria – Public Interest the design of the project is in harmony with the purpose and intent of the Shoreline Management Act 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;  Variance Criteria – Special Privilege This subsection addresses the following criterion: WAC 173-27-170 (2) (d) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; Justification: No other properties in this area: Are especially suitable for a Regional Trail from the point of view of connection with other elements of the trail corridor; Have existing features that are currently in excess of the four (4) foot and are located closer to the wetland than the outer 50% of the buffer.  Variance Criteria – Minimum Necessary This subsection addresses the following criterion: WAC 173-27-170 (2) (e) That the variance requested is the minimum necessary to afford relief; and Justification: The standards for construction of the trail are the standards for Regional Trails adopted by both the City of Renton and King County as well as the American Association of State Highway and Transportation Officials (AASHTO) and Washington State Department of Transportation.  Variance Criteria – Summary This subsection addresses the following criterion: RMC 4-9-190.I.5.b.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 the provisions of the Shoreline Master Program. WAC 173-27-170 (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. Justification: 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 do not presently exists because of the long-standing 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 Policy SH‐28 of providing emphasis on foot and bicycle paths consistent with the Renton Bicycle and Trails Master Plan would not be fulfilled.  Other Shoreline Code Requirements Parking Parking Requirements are addressed by RMC 4-3-090.E.10.e. i. When Allowed: Parking facilities in shorelines are not a preferred use and shall be allowed only as necessary to serve an authorized primary use. ii. Public Parking: (a) In order to encourage public use of the shoreline, public parking is to be provided at frequent locations on public streets, at shoreline viewpoints, and at trailheads. (b) Public parking facilities shall be located as far as feasible from the shoreline unless parking areas close to the water are essential to serve approved recreation and public access. In general, only handicapped parking should be located near the land/water interface with most other parking located within walking distance and outside of vegetation conservation buffers provided in subsection F1 of this Section, Vegetation Conservation. (c) Public parking facilities shall be designed and landscaped to minimize adverse impact upon the shoreline and adjacent lands and upon the water view. Compliance Public parking is currently available at Fort Dent Park in Tukwila, near the western terminus of this trail segment. No new parking is proposed due to the sensitivity of the setting. As a Regional Trail, users are expected to include: Local users who live in walking distance of the trail and will access the trail by existing pedestrian facilities Users from local employment centers who will walk to the trail and park at existing employment centers Regional users of the trail who will access from residences Regional users who will access from regional destination recreational centers such as Fort Dent Park The relatively small component of local users who will want to park near the proposed facility will be adequately served the Fort Dent Park.  Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. Compliance The project will not generate additional traffic. The proposal is to provide a non-motorized trail a part of a regional system adopted by King County, the City of Renton, and other cities. The regional trail system may reduce vehicular traffic to the extent that persons use the trail as an alternative to vehicular transportation. Some use of the trail as a destination by those primarily oriented to enjoyment of the Black River Forest open space area is likely, however such users are already served by the existing trail. The extent of use of the trail as a destination is not likely to change. No adverse effects from surrounding areas are projected from use of the trail.  Non-Conforming Use The following provisions of RMC 4-10-095 Shoreline Master Program Nonconforming Uses, Activities, Structures, and Sties apply to the proposed development F. Partial and Full Compliance, Alteration of an Existing Structure or Site Major Alteration Expansion of impervious surface by more than 25%; Install site improvements that protect the ecological functions and processes of the shoreline, consisting of either: Full compliance with Vegetation Conservation provisions of RMC 4-3-090F1, Vegetation Conservation, consisting of revegetation of a native community of the full required* buffer, or 100% of the area between an existing building and the water’s edge if the full buffer cannot be planted, or at least 10 ft., or An alternate mitigation proposal prepared by a qualified professional and approved by the Administrator of the Department of Community and Economic Development or designee that would provide at least equal protection of ecological functions and processes as the full required* setback and buffer.   Compliance This requirement is met by a revegetation plan for areas between the trail and OHWM where the trail is within the 100 foot Vegetation Conservation Area of the Black River. See Stream Discipline Report.   Figure 2-1 Zoning Map Detail Figure 2-2 Shoreline Master Program Detail Figure 2-3 Renton Park and Trails Map Detail INSERT the following pdfs Figure 2-4_Jusif 04142015 11 x 17 SMA1 SMA2 SMA3