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HomeMy WebLinkAboutCity of Renton, Shoreline Substantial Development and Conditional Use Permit1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: City of Renton Shoreline Substantial Development and Conditional Use Permit LUA13-000800, SM, SMC ) ) ) ) ) ) ) ) ) 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 2 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 3 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 4 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 5 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 6 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 7 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SHORELINE SUBSTANTIAL DEVELOPMENT AND CONDITIONAL USE PERMITS 8 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.