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HomeMy WebLinkAboutSR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_HEX_Daniel Lee Code Compliance_221102_v1 A. REPORT TO THE HEARING EXAMINER Hearing Date: November 15, 2022 Project File Number: PR22-000243 Project Name: Daniel Lee Property Land Use File Number: LUA22-000262, ECF, SP Project Manager: Alex Morganroth, Senior Planner Owner/Applicant: Daniel Lee, 720 S 55th St, Renton WA 98055 Contact: Gina Brooks, CORE Design, 12100 NE 195th St, Ste 300, Bothell, WA 98011 Project Location: 720 S 55th St Renton, WA 98055 Project Summary: The applicant is requesting a SEPA Environmental Review and a Hearing Examiner Special Fill and Grade Permit in order to allow unpermitted grading and land clearing on the site to remain. The subject property is located at 720S 55th St. The project site (APN 3123059125) totals 2.5 acres in area and is located within the Residential – 1 (R-1), Residential – 8 (R-8), and Residential – 14 (R-14) zoning classifications. The western portion of the site is located within the Talbot Urban Separator Overlay district. An existing single-family home is located on the eastern portion of the site. Access to the site is provided via a private driveway off of S 55th St which crosses the adjacent property (3123059025) to the south of the project site. Two (2) Warning of Violations were issued on September 28, 2021 for site grading without erosion control measures installed and grading/excavation/mining without a grading license or permit (CODE21-000495). According to the project narrative submitted by the applicant, grading and installation of various impervious surfaces occurred on the site resulting in approximately 36,720 square feet of ground disturbance. The total amount of earthwork was estimated by the applicant at approximately 233 cubic yards cut and 831 cubic yards of fill. In addition, small block walls were installed in order to create the flat yard surface to west of the existing home. Gravel was placed within the existing driveway and yard area, and approximately 3,143 square feet of new pavement was installed adjacent to the attached garage. Two (2) significant trees were removed. Proposed mitigation for the unpermitted improvements include hydroseeding, tree installation (completed), and creation of an ~20,000 square foot-Native Growth Protection Easement. COR maps indicates presence of a moderate landslide hazard, a high landslide hazard, sensitive slopes, and protected slopes on the site. The applicant submitted a Drainage Report, Arborist Report, and Environmental Checklist with the application. Site Area: 2.5 acres NE 2nd St NE 4th St City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 2 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL B. EXHIBITS: Exhibits 1-11: As shown in the Environmental Review Committee (ERC) Report Exhibit 12: Staff Report to the Hearing Examiner Exhibit 13: Environmental “SEPA” Determination, ERC Mitigation Measures and Advisory Notes C. GENERAL INFORMATION: 1. Owner(s) of Record: Daniel Lee, 720 S 55th St, Renton WA 98055 2. Zoning Classification: Residential – 1 (R-1), Residential – 8 (R-8), and Residential – 14 (R-14) 3. Comprehensive Plan Land Use Designation: Residential Low Density (RLD), Residential Medium Density (RMD), Residential High Density (RHD) 4. Existing Site Use: Single-family residential 5. Critical Areas: Moderate landslide hazard, high landslide hazard, sensitive slopes, and protected slopes 6. Neighborhood Characteristics: a. North: Single-family residential. Residential Low Density Land Use Designation; Residential-4 du/ac (R-4) zone. b. East: Single-family residential. Residential Low Density Land Use Designation; Residential-1 du/ac (R-1) zone. c. South: Single-family residential. Residential Low Density Land Use Designation; Residential-4 du/ac (R-4) zone. d. West: Single-family residential. Residential High Density Land Use Designation; Residential-14 du/ac (R-14) zone. 7. Site Area: 2.5 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation (Springbrook) A-76-005 3268 12/13/1978 Appeal of Administrative Determination LUA07-061 N/A 06/18/2007 Preliminary Plat LUA09-140 N/A 08/16/2010 Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 E. PUBLIC SERVICES: 1. Existing Utilities City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 3 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL a. Water: Water service is provided by the City of Renton. b. Sewer: Sewer service is provided by the City of Renton. c. Surface/Storm Water: The site is generally sloped from the east to west. There are no existing stormwater features mapped on site. 2. Streets: The proposed project site does not abut a public right-of-way (ROW). 3. Fire Protection: Renton Regional Fire Authority (RRFA). F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-060: Zoning Use Table – Uses Allowed in the Zoning Designations c. Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Area Regulations 3. Chapter 4 City-Wide Property Development Standards 4. Chapter 8 Permits – General and Appeals 5. Chapter 9 Permits – Specific a. Section 4-9-080: Grading, Excavation and Mining Permits and Licenses 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review and determined it complete on August 11, 2022. The applicant installed the public information sign on June 27, 2022 and the City subsequently determined the application complete the same day. The project complies with the 120-day review period. 2. The project site is located at 720 S 55th St Renton, WA 98055. 3. The project site is currently developed with a single-family home. 4. Access to the site is provided via an easement across the parcel to the south (APN 3123059156) off of S 55th St. 5. The property is located within the Residential High Density (RHD) Comprehensive Plan land use designation. 6. The site is located within the R-1, R-8, and R-14 zoning classifications. 7. There are approximately 138, of which the applicant is proposing to retain a total of 136 trees. City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 4 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL 8. The site is mapped with a moderate landslide hazard, a high landslide hazard, sensitive slopes, and protected slopes according to COR Maps. 9. Approximately 233 cubic yards of cut was completed and 831 cubic yards of fill was imported into the site. 10. Two (2) Warning of Violations were issued on September 28, 2021 for site grading without erosion control measures installed and grading/excavation/mining without a grading license or permit (CODE21-000495). 11. The applicant is proposing to retain the existing improvements that were constructed without a permit. 12. Staff received one (1) public comment letter related to drainage concerns on behalf of three (3) property owners to the west of the site (Exhibit 11) . 13. Staff received one agency comment from the Duwamish Tribe (Exhibit 9). 14. Pursuant to the City of Renton's Environmental Ordinance and SEPA (9W 43.21C, 1971 as amended), on October 3, 2022, the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Daniel Lee Property project (Exhibit 12). The DNS-M included one (1) mitigation measure. A 14-day appeal period commenced on February 22, 2019 and ended on March 8, 2019. No appeals of the threshold determination have been filed as of the date of this report. 15. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Significance – Mitigated: 1. The applicant shall submit a signed and sealed letter prepared by a licensed geotechnical engineering professional that includes a finding that the completed grading and land disturbing activities have not increased the risk of a landslide on the site, or on the adjacent properties. The applicant shall submit the letter to the Current Planning Project Manager within 30 calendar days of issuance of the Special Fill and Grade Permit. 16. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 17. Comprehensive Plan Compliance: The site is designated Residential High Density (RHD) on the City’s Comprehensive Plan Map. Lands designated RHD is where projects will be compatible with existing uses and where infrastructure is adequate to handle impacts from higher density uses. The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis ✓ Goal L-C: Ensure sufficient land capacity to meet the growth targets. ✓ Policy L-I: Utilize multiple strategies to accommodate residential growth, including: Infill development on vacant and underutilized land in established neighborhoods and multifamily areas. ✓ Goal L-S: Maintain Urban Separators to provide visual and physical distinction to the edges of Renton, protect critical areas, and provide a transition to the rural area. ✓ Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by requiring appropriate construction techniques and resource practices, such as low impact development. 18. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions of approval are complied with: City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 5 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL Compliance Critical Areas Analysis ✓ Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: Portions of the property are mapped within a moderate landslide hazard area with an isolated area designated as high landslide hazard on the north side of the site. The majority of the work was completed on the southern and eastern portions of the site outside of the high landslide hazard area. Steep, including both protected and sensitives slopes, are present on the west side of the site according to topography data in COR Maps. All grading and land clearing was completed on the east side of the site near the existing single-family home and outside of the boundary of the steep slopes designation. 19. Consistency with Special Grade and Fill Permit Criteria: Pursuant to RMC 4-9-080F.1.a, for any mining, excavation or grading in excess of five hundred (500) cubic yards, the Hearing Examiner shall review, approve, disapprove, or approve with conditions the location of the site and its effect on the surrounding area. In order to grant a special permit, the Hearing Examiner shall make a determination that the activity would not be unreasonably detrimental to the surrounding area. The Hearing Examiner shall consider, but not be limited to, the following: Compliance Special Grade and Fill Permit Criteria Analysis Compliant if condition of approval is met a. Size and Location of the Activity. Staff Comment: The applicant is seeking approval of a Special Fill and Grade Permit to allow unpermitted grading and land clearing completed on the site in 2021 and 2022. According to the applicant, the purpose of the completed improvements was to create a flat yard surface to the west of the existing home, provide a larger flat parking area near the existing attached garage on the east side of the building, and to create a larger manicured yard west of the home near the center of the site. The source of the fill material was organic material acquired from the construction of a new single-family residential lot located at 13504 SE 50th Pl in Bellevue, which required significant grading as the lot was previously undeveloped (Exhibit 6). Filling materials would have included clean dirt, soils, sand and gravel and other organic materials taken from the site in order to create a flat building pad for the new home. The project site is located at 720 S 55th St on a parcel without direct access to the ROW (S 55th St). The property is large compared to surrounding properties, which are primarily developed with single-family homes. The site lies at the southern terminus of the Talbot Urban Separator Overlay area, which extends north of the site and provide a natural corridor for flora and fauna in the area. According to the Mitigation Plan (Exhibit 2), approximately 760 sq. ft. of the completed land clearing occurred w ithin the Urban Separator Overlay area. Per RMC 4-3-110 Urban Separator Overlay Regulations, forest/vegetation clearing shall be limited to a maximum of thirty -five percent (35%) of the gross acreage of the site. The total cleared area in the separator rep resents less than 1% of the gross site area and therefore complies with the standards. City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 6 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL A higher density subdivision is located downslope of the site to the west. The residents of 617, 623, and 622 S 53rd Pl, located in the subject subdivision, submitted a jointly signed public comment letter expressing concern regarding how changes to drainage and water flows may result from the proposed grading (Exhibit 11). After reviewing the letter and speaking with the property owners, staff determined that the comment was submitted based on the assumption the site would be fully cleared in order to build new single-family homes, as was planned under the previous owner of the site. Although the comments submitted were not directly related to the proposed work due to confusion over the project, in order to address any future concerns, the Environmental Review Committee adopted a staff-recommended mitigation measure that requires the applicant to submit a signed and sealed letter prepared by a licensed geotechnical engineering professional that includes a finding that the completed grading and land disturbing activities have not increased the risk of a landslide on the site, or on the adjacent properties. Upon receipt of the letter, staff will transmit a copy of the letter to the signatories of the public comment letter. As part of the grading work completed by the applicant, gravel was added to the offsite driveway used to access the site. The driveway primarily consists of gravel and is located within an easement across the property at 730 S 55 St. Based on the civil drawings submitted with the application (Exhibit 2), a portion of the gravel was placed outside of the easement and may be located on the adjacent property (APN 3123059156). Therefore staff recommends, as a condition of approval, the applicant shall either remove all gravel from areas outside of the easement and provide restoration to disturbed areas, or obtain a new easement from the owner of APN 3123059156 that encompasses the entire gravel driveway area. In addition, the applicant shall obtain a temporary construction easement from the property owner prior to starting any work. Documentation of compliance with either solution shall be reviewed and approved by the Current Planning Project within 180 days of permit approval, or further code compliance actions may be initiated. ✓ b. Traffic Volumes and Patterns: Staff Comment: The majority of the work has been completed and therefore minimal impacts to traffic in the area would occur as a result of permit approval. Some passenger vehicle traffic may increase during removal of the gravel on the south side of the site where the applicant has proposed the installation of grass in order to provide ground cover. Traffic is expected to be limited to passenger vehicles with trailers to remove the gravel, after which the applicant would install the groundcover. ✓ c. Screening, Landscaping, Fencing and Setbacks. Staff Comment: No fencing is currently installed on the site. The applicant constructed two retaining walls under four feet (4’) in height west of the existing structure in order to create a flat yard space adjacent to the home. Due to their location near the center of the site, the walls are unlikely to be visible from adjacent properties. The applicant submitted an Arborist Report prepared by Greenforest Incorporated and dated May 23, 2022 with the application (Exhibit 4). The report identified a total of 138 trees on the site including 35 landmark trees, 96 significant trees, and 7 dangerous (aka ‘High Risk’ trees per new tree removal regulation code in RMC 4-4-130) on the project site. As part of the unpermitted work, the applicant removed two (2) trees whose exact species and size could not be determined by the arborist due to their removal. According to the applicant, a tree assessment in 2009 (not provided with application) indicated the two (2) trees removed included 8-inch DBH Western red cedar and a 20-inch DBH Douglas City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 7 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL fir, for a total caliper loss of approximately 28 inches. The applicant’s arborist sized up the loss estimate by 10% growth for a total of 30.8 inches to account for the assumed growth between the data gathered in 2009 and the removal of the trees in 2019. According to CORE Design, the applicant’s consultant for the grading permit, the applicant and previous owner have planted approximately 47 new trees in the past decade resulting in the large number of trees on the site today. The applicant has retained approximately 136 out of 138 total trees which would comply with the minimum thirty percent (30%) tree retention requirements for properties subject to a land development. In addition, the applicant h as installed approximately 22,000 square feet of hydroseed on the area disturbed by the grading activities. A comment submitted by the Duwamish Tribe included a request that the applicant install native vegetation and plants as part of the mitigation (Exhibit 9). Based on the findings in the arborist report, trees replanted on the south side of the site are primarily non -native fruit- bearing trees, some which are diseased. In order to ensure all 31 caliper inches removed are properly mitigated for, in addition to providing additional screening on the south property, staff recommends as a condition of approval, the applicant shall install 15 2- inch caliper large-stature native trees such as Douglas fir, Western red cedar, or similar, along the south property line. The trees shall be shown on an updated mitigation plan to be submitted for review and approval by the Current Planning Project Manager. ✓ d. Unsightliness, Noise, Dust. Staff Comment: The City has not received any complaints associated with completed work regarding unsightliness, dust or noise. The applicant has indicated that for the remaining mitigation work to be completed, Best Management Practices (BMPs) would be used so as to reduce dust and mud to a minimum (Exhibit 2). Control of dust and mud would be in accordance with RMC 4-4-060.J.8, Control of Dust and Mud and noise levels would be in accordance with RMC 4-4-060.J.5, Maximum Noise Levels. Compliant if Condition of Approval is met e. Surface Drainage. Staff Comment: The applicant submitted a Technical Information Report (TIR), prepared by CORE Design, dated May 25, 2022 (Exhibit 3). Based on the City’s flow control map, the site falls within the Flow Control Duration Standard area matching Forested Site Conditions and is within the Black River Drainage Basin. As of the date of the Report, the most current manual was the 2017 Renton Surface Water Design Manual (RSWDM). However, the 2022 Renton Surface Water Design Manual is currently in effect and therefore applicant shall be required to demonstrate compliance with the new manual prior to issuance of a stormwater permit. Due to the limited scope of the project, staff does not anticipate significant changes to the Technical Information Report. The proposal includes an analysis of the large lot best management practices (BMPs). Sheet flow and native growth retention are feasible BMPs, however, feasibility is in small, isolated, areas on the parcel. In lieu, the applicant is proposing a single native growth area that is sized larger than prescribed in Appendix C at approximately 20,000 square feet. The native growth area is sized to mitigate the entire target surface area whereas the small, isolated areas would not reach full mitigation. Staff recommends, as a condition of approval, the applicant shall record the Native Growth Protection Easement (NGPE) with King County within 180 days of permit issuance. The applicant shall submit the NGPE language and map for review and approval by the Current Planning Project Manager within 90 days of permit issuance. Two (2) public comments were submitted by neighboring property owners expressed concern with the work completed and documented past drainage problems in the City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 8 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL neighborhood. Staff concurs with the assessment provided and core requirements included in the analysis and does not recommend any specific mitigation measure related to stormwater impacts. Staff anticipates that any stormwater issues on the neighboring sites will be mitigated through project compliance with the 2022 RSWDM. A stormwater permit shall be required for the clearing/grading and erosion control. ✓ f. Progressive Rehabilitation and Reuse of Site. Staff Comment: The applicant is requesting only to allow the previously completed work on the site to remain; no other new uses or development is proposed at this time. ✓ g. Permit Expiration. Staff Comment: Staff recommends that the permit expire one (1) year from the date of approval. ✓ h. Transferability of Special Permit. Staff Comment: This permit would run with the land and could be transferred to future property owners. ✓ i. Revocation of Special Permit. Staff Comment: The Community and Economic Development Department is authorized to revoke any annual license issued pursuant to the terms of the Grading, Excavation and Mining Regulations if after due investigation is determined that the permittee has violated any of the provisions of the special fill and grad e permit. Notice of revocation shall have reasonable time not to exceed 45 days in which to remedy the defects or omission specified. In the event that the licenses fail or neglect to do so within the time period, the order of revocation shall be final. A total or partial stop work order may be issued for good reason. 20. Availability and Impact on Public Services: Compliance Availability and Impact on Public Services Analysis ✓ Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: See FOF 19, Consistency with Special Grade and Fill Permit Criteria: Surface Drainage. J. CONCLUSIONS: 1. The subject site is located in the Residential Low Density (RLD), Residential Medium Density (RMD), Residential High Density (RHD) Comprehensive Plan designations and complies with the goals and policies established with this designation, see FOF 5. 2. The subject site is located in the Residential – 1 (R-1), Residential – 8 (R-8), and Residential – 14 (R-14) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval, see FOF 6. 3. The proposed Special Fill and Grade Permit complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 18. City of Renton Department of Community & Economic Development Daniel Lee Property Staff Report to the Hearing Examiner LUA22-000262, ECF, SP Report of November 15, 2022 Page 9 of 9 SR_HEX Report_Daniel Lee Code Compliance_221102_v3_FINAL 4. There are adequate public services and facilities to accommodate the proposed Special Fill and Grade Permit, see FOF 20. 5. Upon approval of the permit and compliance with all conditions of approval included as part of the Special Fill and Grade Permit, the code case (CODE21-000495) will be closed. K. RECOMMENDATION: Staff recommends approval of the Daniel Lee Property Special Fill and Grade Permit, File No. LUA22-000262, ECF, SP, as depicted in the Site Plan (Exhibit 2), subject to the following conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non - Significance Mitigated dated October 3, 2022. 2. The applicant shall either remove all gravel from areas outside of the easement and restore disturbed areas with approved groundcover or obtain a new easement from the owner of APN 3123059156 that encompasses the entire gravel driveway area. In addition, the applicant shall obtain a temporary construction easement from the property owner prior to starting any work. Documentation of compliance with either solution shall be reviewed and approved by the Current Planning Project within 180 days of permit approval, or further code compliance actions may be initiated. 3. The applicant shall install fifteen (15) large stature native trees such as Dougas fir, Western red cedar, or similar, along the south property line. The trees shall be shown on an updated mitigation plan to be submitted for review and approval by the Current Planning Project Manager within 45 days of permit approval. The new trees shall be installed within 90 days of permit issuance. 4. The applicant shall record the Native Growth Protection Easement (NGPE) with King County within 180 days of permit issuance. The applicant shall submit the NGPE language and map for review and approval by the Current Planning Project Manager within 90 days of permit issuance. CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE HEARING EXAMINER EXHIBITS Project Name: Daniel Lee Property Land Use File Number: LUA22-000262, ECF, SP Date of Hearing November 15, 2022 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Gina Brooks CORE Design 12100 NE 195th St, Ste 300, Bothell, WA 98011 Project Location 720 S 55th St Renton, WA 98055 The following exhibits are included with the Staff Report to the Hearing Examiner: Exhibits 1-11: As shown in the Environmental Review Committee (ERC) Report Exhibit 12: Staff Report to the Hearing Examiner Exhibit 13: Environmental “SEPA” Determination, ERC Mitigation Measures and Advisory Notes