HomeMy WebLinkAboutCity of Renton, Shoreline Substantial Development and Conditional Use Permit1
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SHORELINE SUBSTANTIAL DEVELOPMENT AND
CONDITIONAL USE PERMITS
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: City of Renton
Shoreline Substantial Development and
Conditional Use Permit
LUA13-000800, SM, SMC
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FINAL DECISION
Summary
The applicant has requested a shoreline substantial development permit and shoreline conditional use
permit in order to install 3,330 linear feet of a 60-inch diameter storm drain parallel to an existing
storm system, from its current outfall at Naches Ave SW to approximately Lind Ave SW. The
permits are approved subject to conditions.
Testimony
Rocale Timmons testified that the concerns of the Muckleshoot tribe over increased velocities
included additional trees and also that staff showed the mitigation to the Muckleshoot Tribe was
satisfied with the result.
Exhibits
Exhibits 1-11 identified at page 2 of the staff report were admitted into the record during the hearing
on the application.
FINDINGS OF FACT
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Procedural:
1. Applicant. City of Renton.
2. Hearing. The Examiner held a hearing on the subject application on September 18, 2013 at
1:30 pm in the City of Renton Council Chambers.
Substantive:
3. Project Description. The City of Renton is requesting a shoreline substantial development
permit and shoreline conditional use permit in order to install 3,330 linear feet of a 60-inch diameter
storm drain parallel to an existing storm system, from its current outfall at Naches Ave SW to
approximately Lind Ave SW. Most of the project would occur within the rights-of-way of SW 7th St
and Naches Ave with a short segment (approximately 50 linear feet) within an undeveloped City
owned parcel (Parcel #9188000154) on the west side of Naches Ave SW. The project includes the
construction of an additional stormwater outfall in a Class 2 stream (Stream A) that runs east to west
on the northern boundary of the City-owned property (Parcel #9188000154). The project would also
retrofit the drainage condition installing Filterra Systems along SW 7th St; from Naches Ave SW to
Lind Ave SW. The project site is primarily located within the public right-of-way. The portion of the
project area west of Powell Ave SW is zoned Commercial Office (CO). The eastern portion of the
project area is zoned Medium Industrial (IM). The area of impact would be approximately 270,000
square feet and is largely undeveloped with the exception of utilities. Construction is expected to
begin in Spring of 2014 and be complete by June of 2015.
4. Surrounding Area. The project area is located in a wildlife conservation area associated
with the Black River Riparian Forest. Adjoining parcels are characterized by warehouse and office
use.
5. Adverse Impacts. There are no significant adverse impacts associated with the project. As an
underground utility project, the proposal will not create any post-construction noise, traffic, parking,
navigation or visual impacts. As to compatibility, the project is located within the public right-of-
way. Construction traffic is addressed by MDNS mitigation. Surrounding land uses include both
commercial and industrial properties. The proposed storm drain, to be installed adjacent to the
existing storm system would not alter the existing land uses in the area and has already proven to be
compatible. Water quality will not be adversely affected by the proposal. Overall the proposal will
improve water quality in the Black River basin and the project will incorporate Filterra systems to
provide for enhanced basic water treatment. The staff report notes that it is unlikely that any cultural
or archaeological resources are present at the site and the MDNS requires actions to be taken should
any resources be discovered during construction. The primary impacts of concern are impacts to
wetlands and a stream, more specifically addressed as follows:
A. Wetlands. There are two wetlands within the project area. A Wetland
Assessment Report and Buffer Mitigation Plan was submitted by the applicant,
prepared by Herrera on May 24, 2013 (Exhibit 4). Hererra biologists delineated
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the two wetlands and identified them as Wetlands A and B. Wetland A, a
Catergory 1 wetland, is a large palustrine forested depressional wetland complex
that is contiguous with the Black River Riparian Forest which is subject to the
Renton Shoreline Master Program (RMC4-3-090). Wetland B, a Category 3
wetland, is a palustrine forested wetland that occupies the southern portion of the
City-owned parcel and is also subject to the Renton Shoreline Master Program
(Exhibit 10). No work would occur within the wetlands themselves, but 700
square feet would be temporarily cleared in the buffer to Wetland A. Mitigation
requires re-vegetation of the cleared area. The mitigation recommended in the
Herrera report was prepared by a qualified professional and was accepted by staff.
The recommended mitigation adequate mitigates wetland impacts and is imposed
through the MDNS.
B. Stream. An unnamed tributary to the Black River (Stream A) is also located
within the project area. A Stream Study was submitted by the applicant, prepared
by Herrera on May 24, 2013 (Exhibit 6). The stream was classified as a Class 2
stream with a 100-foot buffer. The existing 60-inch storm drain connects directly
to Stream A within the culvert crossing of Naches Ave SW. The new 60-inch
storm drain will outfall adjacent to the existing culvert outlet. The stream at this
location is currently armored with rock. A temporary stream bypass will be
necessary to construct the outlet. Since the buffer of Stream A overlaps with the
buffer of Wetland A, buffer impacts and consequent performance standards are
included in the Wetland Assessment Report and Buffer Mitigation Plan (Exhibit
4).
The Muckleshoot Tribe submitted written comment expressing concern over an
increase in stream velocity that would be caused by the new outfall location into
the stream. That increased velocity could adversely affect protected fish. In
response to this concern staff added mitigation requiring the addition of large
woody debris to the stream. Staff and the Tribe found this additional mitigation to
adequately address velocity impacts and the mitigation is imposed through the
MDNS. The tribe also suggested the use of alternative vegetation for the required
planting plan and the applicant has agreed to consider it.
C. No Net Loss of Ecological Function. The proposal will not crate any net loss of
ecological shoreline function. The project includes temporary impacts to the
buffer of Wetland A amounting to an approximately 700 square foot area of
vegetation clearing. The Wetland Assessment Report and Buffer Mitigation Plan
contains a buffer mitigation and vegetation management plan for the re-vegetation
of cleared areas (Exhibit 4). The plan includes approaches for no net loss of
ecological functions and for mitigation sequencing. Proposed performance
standards are described to compensate for unavoidable temporary impacts to
buffers. There are provisions for re-vegetating cleared areas with native plant
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species and removing invasive plant species. The applicant is proposing to plant
Douglas fir and black cottonwood trees, snowberry and beaked hazelnut shrubs,
and sword fern. The maintenance and monitoring program is proposed for a
minimum of five years to ensure adequate establishment of installed vegetation
and adequate cover of native vegetation and trees. A mitigation measure, as part
of the SEPA determination, was issued requiring the submittal of a detailed final
mitigation plan (Exhibit 13). The final mitigation plan will be required to be
reviewed and approved by the Current Planning Project Manager, prior to the
approval of construction permits.
Conclusions of Law
1. Authority. RMC 4-8-080(G) classifies shoreline substantial development permits as Type II
applications and shoreline conditional use permits as Type III applications. RMC 4-8-080(C)(2)
requires consolidated permits to each be processed under “the highest-number procedure”. The
shoreline variance has the highest numbered review procedure, so both shoreline permits must be
processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner
with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal
to the City Council.
2. Shoreline Designations. Natural.
3. Review Criteria. RMC 4-3-090(E)(1) requires shoreline conditional use permits for
structures for floodway management, including drainage facilities. Conditional use criteria are
governed by RMC 4-9-030(D). The criteria for shoreline substantial development permits are set by
RMC 4-9-190(B)(7), which requires compliance with all SMP use regulations and substantial
compliance with SMP policies. All applicable criteria are quoted below in italics and applied
through corresponding conclusions of law. The staff report analysis of compliance with RMC 4-
3.090(D) is adopted and incorporated by this reference as if set forth in full.
SMP Policies
SMP Objective U-F: Provide and maintain surface water management systems to minimize impacts
on natural systems and to protect the public, property, surface water bodies, fish habitat, and
groundwater from changes in the quantity and quality of storm water runoff due to land use changes.
4. As determined in FOF No. 5, as mitigated the proposal will not adversely affect stream or
wetlands and those are the only natural systems potentially affected by the proposal. No impacts to
public property are anticipated since the proposal will be primarily located underground.
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SMP Policy SH-6: Shoreline use and development should be carried out in a manner that prevents
or mitigates adverse impacts so that the resulting ecological condition does not become worse than
the current condition. This means ensuring no net loss of ecological functions and processes in all
development and use. Permitted uses should be 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 should 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; littoral drift; erosion and accretion; infiltration; ground
water recharge and discharge; sediment delivery, transport, and storage; large woody debris
recruitment; organic matter input; nutrient and pathogen removal; and stream channel
formation/maintenance.
5. As determined in FOF No. 5, the only ecological systems potentially affected by the proposal
are wetlands and streams and no adverse impacts are anticipated as to those resources. As further
determined in FOF No. 5, the proposal will not result in any net loss of ecological function.
RMC 4-3-090(E)(11)(a)(i): Local utility services needed to serve water-dependent and other
permitted uses in the shoreline are subject to standards for ecological protection and visual
compatibility.
6. As determined in FOF No. 5, the proposal will not create any adverse ecological or visual
impacts.
RMC 4-3-090(E)(11)(a)(ii): Major utility systems shall be located outside of shoreline jurisdiction,
to the extent feasible, except for elements that are water-dependent and crossings of water bodies
and other elements of shorelands by linear facilities.
7. The proposal cannot be placed outside the shoreline jurisdiction since it involves the
relocation of an existing water dependent storm water system that discharges into a stream. The
system also qualifies as linear so its temporary impacts to a wetland buffer are authorized by the
criterion above.
RMC 4-3-090(E)(11)(a)(vi): Utilities shall be located in existing rights-of-way and corridors,
whenever reasonably feasible.
8. Most of the project would occur within the rights-of-way of SW 7th St and Naches Ave with a
short segment (approximately 50 linear feet) within an undeveloped City owned parcel (Parcel
#9188000154) on the west side of Naches Ave SW.
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RMC 4-3-090(E)(11)(b)(i): Installation and operation of pipelines shall protect the natural
conditions of adjacent water courses and shorelines.
9. As determined in FOF No. 5, the proposal will not adversely affect any natural resources,
including adjacent water courses and shorelines.
RMC 4-3-090(E)(11)(b)(ii): Water quality is not to be degraded to the detriment of aquatic life
nor shall water quality standards be violated.
10. As determined in FOF No. 5, the proposal will not create any significant adverse water
quality impacts and will in fact be improved by the proposal.
RMC 4-3-090(E)(11)(c)(iii): All pipeline utilities shall be underground. When underground
projects are completed on the bank of a water body or in the shoreland or a shoreline, the disturbed
area shall be restored to the original configuration. Underground utility installations shall be
permitted only when the finished installation shall not impair the appearance of such areas.
11. The proposed storm drain would be installed underground adjacent to the existing storm
system. No work would occur within the wetland /shoreline area.
SHORELINE CONDITIONAL USE CRITERIA
4-3-190(I)1: The use must be compatible with other permitted uses within that area.
12. As determined in FOF No. 5, the proposal is compatible with other permitted uses in the
area.
4-3-190(I): The use will not interfere with the public use of public shorelines.
13. The utility lines will be underground and so will not interfere with public use of the
shorelines.
4-3-190(I): Design of the site will be compatible with the surroundings and the Shoreline Master
Program.
1 The conditional use criteria were taken from the staff report, as the on-line version of the Renton Municipal Code
does not appear to currently include the criteria.
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14. As determined in FOF No. 5, the proposal is compatible with the surroundings. The project
will involve a temporary clearing of a wetland buffer, but required mitigation involves re-vegetation.
The proposal is compatible with the Shoreline Master Program since it complies with all applicable
regulations and policies as addressed in this decision.
4-3-190(I): The use shall be in harmony with the general purpose and intent of the Shoreline
Master Program.
15. The general purpose of the City’s Shoreline Master Program is to manage the shoreline for
long term benefit preserving ecology and natural character and increasing recreational opportunities
and public access. While the proposal would have no impact on the recreational opportunities and
public access the proposal would improve water quality in the Black River drainage basin, improve
conveyance at the South Renton basin, and reduce flooding at the Hardie Ave underpass. The project
would also maintain the natural drainage course. As a result the proposed project would be in
harmony with the general purpose and intent of the Shoreline Master Program.
4-3-190(I): The use meets the conditional use criteria in 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;
(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.
16. As previously concluded, the proposal is consistent with the policies of the Shoreline
Management Act, will not interfere with normal public use of the shorelines and is compatible with
other authorized shoreline uses. As determined in FOF No. 5, the proposal will not create any
significant adverse impacts while overall improving water quality so the public interest will suffer no
substantial detrimental effect. The impacts of the proposal are sufficiently minimal and the overall
impacts are positive such that there are no associated adverse cumulative impacts.
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DECISION
The shoreline substantial development permit and shoreline conditional use permit applications
meet all applicable shoreline policies and regulations as outlined in this decision. The permit
applications are approved subject to the following conditions:
1. The applicant shall comply with the 6 mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated August 19, 2013 (Exhibit 12).
2. The applicant shall consider alternative vegetation for required re-vegetation as requested by
the Muckleshoot Tribe.
DATED this 1st day October, 2013.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-110(E)(9) provides that the final decision of the Hearing Examiner is subject to appeal to
the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the Hearing Examiner’s decision
to be filed within fourteen (14) calendar days from the date of the Hearing Examiner’s decision. A
request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day
appeal period shall commence upon the issuance of the reconsideration. Additional information
regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th
floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.