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HomeMy WebLinkAboutD_Wells_Cypress_Tree_Removal_RVMP_and_CAE_LUA24-000219_FinalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Wells_Cypress_Tree_Removal_RVMP_&_CAE_LUA24-000219_Final PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT AND CERTIFICATE OF EXEMPTION FROM CRITICAL AREA REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: September 20, 2024 PROJECT NUMBER: LUA24-000219, RVMP, CAE PROJECT NAME: Wells Cypress Tree Removal PROJECT MANAGER: Brianna Burroughs, Associate Planner APPLICANT/CONTACT: Chris Hale-Smith Evergreen Tree Care 3020 Issaquah Pine Lake Rd Sammamish, WA 98075 OWNER: David and Nichole Wells 2109 Harrington Pl NE Renton, WA 98056 PROJECT LOCATION: 2109 Harrington Pl NE, Renton, WA 98056 (APN 0423059370) PROJECT DESCRIPTION: The applicant is requesting a Routine Vegetation Management Permit (RVMP) and a Critical Areas Exemption (CAE) to remove and replace a cluster of nine (9) Leyland Cypress (Cupressus x leylandii) trees located at 2109 Harrington Pl NE (APN 0423059370). According to the Arborist Report and Replanting Guide, prepared by Matthew Hicks and Chris Hale-Smith, the nine (9) proposed trees for removal range from eight inches (8") in diameter at breast height (dbh) to fifteen inches (15") with a height of 60 feet (60’) (Attachments A and C). The subject property is approximately 6,728 square feet (0.15 acres) in area and is situated within the Residential-8 (R-8) zone and within the Highlands Community Planning Area. The applicant is proposing to remove and replace a group of Leyland Cypress trees, aiming to mitigate the risk of damage to the property. According to City of Renton (COR) maps, there are sensitive (>25% & <=40%) and protected (>40% & <=90%) slope hazard areas and a Wellhead Protection Area Zone 2 (Well 5A) mapped on the property. CRITICAL AREA: Sensitive and protected slopes and Well 5A Wellhead Protection Area Zone 2. Docusign Envelope ID: 5367484A-D383-45DB-8CA4-1DBB0F491014 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Wells Cypress Tree Removal LUA24-000219, RVMP, CAE Permit Date: September 20, 2024 Page 2 of 6 D_Wells_Cypress_Tree_Removal_RVMP_&_CAE_LUA24-000219_Final EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C.3.c.iii Dangerous Trees: Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been approved by the City and certified dangerous by a licensed landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required. Limited to cutting of dangerous trees; such hazardous trees shall be retained as large woody debris in critical areas and/or associated buffers, where feasible. RMC 4-3-050.C.3.c.iii EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: Activities taking place in critical areas and their associated buffers and listed in the "Exempt Activities – Permitted Within Critical Areas and Associated Buffers" table are exempt from the applicable provisions of Section 4-3-050, provided this letter of exemption has been issued. ROUTINE VEGETATION MANAGEMENT REVIEW CRITERIA 4-9-195D.4: YES 1. The lot shall comply with minimum tree density requirements pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. Staff Comments: In accordance with RMC 4-4-130.H, compliance with tree credit requirements necessitates a minimum rate of 30 tree credits per net acre. The tree risk assessment area and subject property (APN 0423059370) covers 6,728 square feet (0.15 acres). As specified by the ISA Basic Tree Risk Assessment Form (Attachment C), the Leyland Cypress trees proposed for removal have a diameter at breast height (dbh) of 8 to 15 inches (8” to 15"). Considering the site’s total area of approximately 0.15 net acres and applying the rate of 30 credits per acre (30 credits x 0.15 acres = 4.5 credits), there is a requirement of five (5) tree credits on the subject property. The applicant is proposing an onsite replanting plan in order to comply with the tree credit requirement of the code (Attachments A and B). The onsite tree cutting work would include removal of nine (9) high-risk Leyland Cypress trees that are at high-risk of creating damage to underground utilities and the paved area, and also create a medium likelihood of impact on occupied dwellings. The replanting work would include five (5) new replacement tree species on the property. The arborist report outlines potential tree species options for the applicant to choose from that would fulfill these tree credits. In addition, the arborist has indicated that the new trees must be at least three feet (3’) from fences, six feet (6’) from structures, and nine feet (9’) from another onsite tree. Therefore, staff recommends as a condition of approval, that the applicant plant a minimum of five (5) medium-sized replacement trees (or the equivalent of five (5) tree credits) within six (6) months of permit issuance. The replacement trees shall be a minimum two-inch (2”) caliper in size. Once installed, the applicant shall notify the Current Planning Project Manager to complete a final landscape inspection. For more information on the replanting guide, see Page 2 of Attachment A: Arborist Report, prepared by Chris Hale-Smith. YES 2. The land clearing and tree removal shall be consistent with restrictions for critical areas, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations, and RMC 4-3-050, Critical Areas Regulations. Staff Comments: City of Renton (COR) maps has identified sensitive and protected slope hazards on-site and a Wellhead Protection Area Zone (Wells 5A). A critical Docusign Envelope ID: 5367484A-D383-45DB-8CA4-1DBB0F491014 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Wells Cypress Tree Removal LUA24-000219, RVMP, CAE Permit Date: September 20, 2024 Page 3 of 6 D_Wells_Cypress_Tree_Removal_RVMP_&_CAE_LUA24-000219_Final areas exemption certificate is a component of this decision. According to the Arborist Report (Attachment A), prepared by Matthew Hicks (ISA Certified Arborist) and Chris Hale-Smith (Consulting Arborist), it is recommended to remove the five (5) nuisance trees that are causing damage to the underground utilities and harm to the driveway pavement. The applicant further maintains that the nuisance trees are creating a safety concern when pulling out of the driveway and removal is warranted as there is no safe way to prune the Leyland Cypress tree cluster that would achieve the desired results. On September 19, 2024, staff performed a site visit to determine if the proposed on-site activities would affect any critical areas that were identified in COR Maps. The site where the trees are located does not indicate presence of a protected slope. The protected slope may have been mitigated by previous site development, as the area shown with protected slopes consists of a driveway and a vehicle access road that provides a connection from the subject property to the NE 21st St, namely Harrington Pl NE. It is staff’s opinion that the proposal would not increase the treat of geological hazard to adjacent or abutting properties, would not adversely impact other critical areas or destroy or degrade critical area functions and values, and could be safely accommodated on the site. Refer to the Critical Area Exemption Findings below for additional exemption information. Removal of the high-risk trees aligns with the restrictions for critical areas, as outlined in RMC 4-4-130, Tree Retention and Land Clearing Regulations and RMC 4-3-050, Critical Area Regulations. N/A 3. Removal of a landmark tree shall meet the review criteria for removal off landmark tree, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. The tree is determined to be dangerous; or The tree is causing obvious physical damage to structures including but not limited to building foundations, driveways or parking lots, and for which no reasonable alternative to tree removal exists. Routine maintenance of roofs that is required due to leaf fall does not constitute obvious physical damage to structure; or Removal of tree(s) to provide solar access to buildings incorporating active solar devices. Windows are solar devices only when they are south-facing and include special storage elements to distribute heat energy; or The Administrator determines the removal is necessary to achieve a specific and articulable purpose or goal of this Title. Staff Comments: Not applicable. The trees proposed for removal have a diameter at breast height (dbh) measurement of 8 to 15 inches (8” to 15"), which is less than a landmark tree DBH measurement of 24 inches (24"). N/A 4. Street frontage and parking lot trees and landscaping shall be preserved unless otherwise approved by the Administrator. Staff Comments: Not Applicable. These nine (9) high-risk Leyland Cypress trees are not a part of street frontage, parking lot, nor landscaping trees. Docusign Envelope ID: 5367484A-D383-45DB-8CA4-1DBB0F491014 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Wells Cypress Tree Removal LUA24-000219, RVMP, CAE Permit Date: September 20, 2024 Page 4 of 6 D_Wells_Cypress_Tree_Removal_RVMP_&_CAE_LUA24-000219_Final N/A 5. The land clearing and tree removal shall not remove any landscaping or protected trees required as part of a land development permit. Staff Comments: Not Applicable. The cluster of nine (9) high-risk Leyland Cypress trees were not required as part of a land development permit for landscaping or tree requirements. Neither street frontage nor parking landscaping is proposed to be removed. YES 6. The land clearing and tree removal shall maintain visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions. Staff Comments: The nine (9) high-risk Leyland Cypress trees proposed for removal are adjacent to lots with detached dwellings. Removal of these trees would not remove any required visual screening and/or buffering between land uses of equal intensity. YES 7. The land clearing and tree removal shall not create or contribute to a hazardous condition, such as increased potential for blowdown, pest infestation, disease, or other problems that may result from selectively removing trees and other vegetation from a lot. Staff Comments: Submitted documentation did not indicate that the removal and replacement of the trees would create or contribute to a hazardous condition, but instead indicated that it could cause greater damage to safety, underground utilities, and infrastructure in the future if retained. N/A 8. The land clearing and tree removal shall be consistent with the requirements of the Shoreline Master Program, pursuant to RMC 4-3-090F1, Vegetation Conservation, and RMC 4-4-130, Tree Retention and Land Clearing Regulations Staff Comments: Not applicable. The property is not located within shoreline jurisdiction. CRITICAL AREA EXEMPTION FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3- 050C.2.d: YES The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulations; Staff Comments: Removal of these trees is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulations. Approval of this exemption would act as written permission to allow the removal of the nine (9) Leyland Cypress trees on parcel no. 0423059370. YES The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comments: According to the Arborist Report, it is recommended that these high- risk trees be removed to prevent future damage to underground utilities, driveways, and dwellings. Docusign Envelope ID: 5367484A-D383-45DB-8CA4-1DBB0F491014 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Wells Cypress Tree Removal LUA24-000219, RVMP, CAE Permit Date: September 20, 2024 Page 5 of 6 D_Wells_Cypress_Tree_Removal_RVMP_&_CAE_LUA24-000219_Final YES Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comments: The removal process is aimed at minimizing impacts on utilities, driveways, neighboring structures, and residents, with a specific focus on removing trees determined to be high-risk by the ISA Certified Arborist. The applicant did not identify how the disturbed areas were going to be restored after tree removal. Therefore, staff recommends as a condition of approval that the applicant apply a minimum of three inches (3”) of bark mulch cover (or equivalent) over the impacted area. No additional vegetation removal is proposed. N/A Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required; Staff Comments: Not applicable. No additional vegetation besides the nine (9) Leyland Cypress trees that are proposed for removal. See Critical Area Exemption Criteria iii for additional information. YES If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. Staff Comments: Not applicable. A hazardous material, activity and/or facility is not a part of the project. DECISION: The Wells Cypress Tree Removal Routine Vegetation Management Permit and Critical Areas Exemption, LUA24-000219, RVMP and CAE is Approved with Conditions*. *CONDITIONS OF APPROVAL: 1. The applicant shall plant a minimum of five (5) medium sized replacement trees (or the equivalent of five (5) tree credits) within six (6) months of permit issuance. The replacement trees shall be a minimum two-inch (2”) caliper in size. Once installed, the applicant shall notify the Current Planning Project Manager to complete a final landscape inspection. 2. The applicant shall restore the disturbed area with a minimum of three inches (3”) of bark mulch cover (or equivalent) over the impacted area. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Matthew Herrera, Planning Director Date RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior the original decision is found or if he finds there was misrepresentation of fact. Docusign Envelope ID: 5367484A-D383-45DB-8CA4-1DBB0F491014 9/20/2024 | 12:14 PM PDT City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Wells Cypress Tree Removal LUA24-000219, RVMP, CAE Permit Date: September 20, 2024 Page 6 of 6 D_Wells_Cypress_Tree_Removal_RVMP_&_CAE_LUA24-000219_Final After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEALS: Appeals of permit issuance must be filed in writing on or before 5:00 p.m. on October 4, 2024. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11- 680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: Two (2) years from the date of decision (date signed). ATTACHMENTS: Attachment A: Arborist Report and Planting Guide, prepared by Matthew Hicks and Chris Hale-Smith Attachment B: Tree Retention and Tree Credit Worksheet Attachment C: ISA Basic Tree Risk Assessment Form Docusign Envelope ID: 5367484A-D383-45DB-8CA4-1DBB0F491014