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HomeMy WebLinkAboutD_Jaksich_158th_Pl_Tree_Removal_RVMP_240930_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Jaksich_158th_Pl_Tree_Removal_RVMP_240930_FINAL PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT EVALUATION FORM & DECISION DATE OF DECISION: September 30, 2024 PROJECT NUMBER: LUA24-000229, RVMP PROJECT NAME: Jaksich 158th Pl Tree Removal PROJECT MANAGER: Mariah Kerrihard, Assistant Planner CONTACT: Nichole Herman 13707 SE 202nd Ct, Kent, WA 98042 APPLICANT/OWNER: Danilo and Helga Jaksich 12905 SE 158th Pl, Renton, WA 98058 PROJECT LOCATION: 12905 SE 158th Pl, Renton, WA 98058 (APN 2460700720) PROJECT DESCRIPTION: The property owner is requesting retroactive approval of a Routine Vegetation Management Permit for a high-risk bigleaf maple tree that has been removed on or around Wednesday, June 12, 2024, on the subject property at 12905 SE 158th Pl (APN 2460700720). The subject parcel is located within the Residential-6 (R-6) zone and is approximately 9,386 square feet (0.22 acres). The tree that was removed was a bigleaf maple (Acer Macrophyllum) that had a thirty-one-inch (31”) diameter at breast height (DBH). The subject tree is considered a landmark tree. A Routine Vegetation Management Permit is required for the removal of more than two (2) significant trees in a one (1) year period without an associated land development permit and for the removal of any landmark tree without an associated land development permit. The landmark tree was removed without the benefit of permit review and a code case (CODE24-000507) was opened. The contractors that removed the tree (White River Tree Service LLC) insisted that the tree had major decay and warranted removal. According to the City of Renton’s inspecting arborist, the tree was a landmark tree and did present some decay in a branch, but the severity of decay could not be determined on the scene because most of the debris had been removed (Attachment A). CRITICAL AREA: None GENERAL 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: The minimum tree credit requirement is 30 tree credits per net acre. The property is approximately 9,386 square feet (0.22 acre); thus seven (7) tree credits are required (0.22 acre x 30 tree credits per net acre = 7 credits). A minimum of 30% of Docusign Envelope ID: 3B510336-498E-42F3-B69C-DEC947D301EE City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Jaksich 158th Pl Tree Removal LUA24-000229, RVMP Permit Date: September 30, 2024 Page 2 of 4 D_Jaksich_158th_Pl_Tree_Removal_RVMP_240930_FINAL significant trees are required to be retained on the site. The applicant did not provide a full tree survey of the site. However, staff determined from the Inspecting Arborist Report and a review of the aerial images on COR maps, that prior to the tree removal there were at least two (2) significant trees in the rear yard on the property; one (1) tree was removed. The inspecting arborist, Gabriella Golzarian, has recommended the replanting of two (2) new two-inch (2”) caliper trees. N/A 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: Not applicable. Per COR Maps, the property is not encumbered with critical areas or critical area buffers. YES 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. i. The tree is determined to be a high-risk tree; or ii. The tree is causing obvious physical damage to buildings (over 200 square feet), driveways, parking lots, or utilities, and it can be demonstrated to the Administrator’s satisfaction that no reasonable alternative to tree removal exist, including tree root pruning, tree root barriers, tree cabling, or preventative maintenance, such as cleaning leaf debris, deadwood removal, or directional/clearance pruning; or iii. 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 iv. The Administrator determines the removal is necessary to achieve a specific and articulable purpose or goal of this Title. Staff Comments: There was no ISA Tree Risk Assessment Qualification form filled out, thus the following information is based on the supplemental information provided. A landmark tree is defined as a tree with a caliper of 24 inches (24”) or greater, except for bigleaf maples, black cottonwoods and red alder trees which qualify as landmark trees with a caliper of 30 inches (30”) or greater. Per the Inspecting Arborist Report, there is a big leaf maple which has a caliper of 31 inches (31”) and is a landmark tree (Attachment A). Review criterion RMC 4-4-130F.2.c.i, “The tree is determined to be a high-risk tree,” applies per the analysis below. A high-risk tree is defined as: “Any tree that has been certified in a written arborist report, prepared by an arborist with ISA Tree Risk Assessment Qualification (TRAQ), as possessing the following ISA Tree Risk Assessment characterizations: 1. The tree has a probable or imminent likelihood of failure; and 2. The tree has a medium or high likelihood of impact; and 3. The consequences of failure for the tree are significant or severe.” The provided report identifies that the tree had evidence of decay, and that the foreman from White River Tree Service LLC insisted that the tree had major decay and needed to be removed (Attachment A). N/A 4. Street frontage and parking lot trees and landscaping shall be preserved unless otherwise Docusign Envelope ID: 3B510336-498E-42F3-B69C-DEC947D301EE City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Jaksich 158th Pl Tree Removal LUA24-000229, RVMP Permit Date: September 30, 2024 Page 3 of 4 D_Jaksich_158th_Pl_Tree_Removal_RVMP_240930_FINAL approved by the Administrator. Staff Comments: Not applicable. The subject tree is not a street frontage tree nor a parking lot tree. Neither street frontage nor parking landscape is proposed to be removed. 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 tree removal would not be removing landscaping or protected trees required as part of a land development permit. 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 tree is adjacent to lots with detached dwellings and is a use of equal intensity. Removal of the tree would not remove required visual screening and buffering between land uses of differing intensity; however, the location of the felled tree may have been providing some visual screening to the abutting properties. Nevertheless, the applicant is proposing to replace the felled tree with two (2) new trees in the rear yard. The provided restoration plan identifies two (2) new replacement trees that would be planted along the southwest property line in an effort to replace the felled bigleaf maple tree (Attachment B). The proposal does not indicate the specific sizes of the trees proposed for replacement nor does it indicate when the replacement trees would be installed. Therefore, staff recommends as a condition of approval that a minimum of two (2) replacement trees be planted in the rear yard within six (6) months of permit issuance, or as determined by the Current Planning Manager, and shall have a minimum caliper size of two inches (2”). The applicant shall notify the Current Planning Manager following tree replacement installation so an inspection can be completed. 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: There were no documents provided that indicated that the removal of the landmark tree would create or contribute to a hazardous condition. N/A 8. The land clearing and tree removal shall be consistent with the requirement 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. DECISION: The Jaksich 158th Pl Tree Removal, LUA24-000229, RVMP is Approved with Conditions* and subject to the following conditions: *CONDITIONS OF APPROVAL: 1. A minimum of two (2) replacement trees shall be planted along the southwest property line within six (6) months of permit issuance, or as determined by the Current Planning Project Manager, and shall have a minimum caliper size of two inches (2”). The applicant shall notify the Current Planning Project Manager following tree replacement installation so an inspection can be completed. Docusign Envelope ID: 3B510336-498E-42F3-B69C-DEC947D301EE City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Jaksich 158th Pl Tree Removal LUA24-000229, RVMP Permit Date: September 30, 2024 Page 4 of 4 D_Jaksich_158th_Pl_Tree_Removal_RVMP_240930_FINAL 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. 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 14, 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: The Routine Vegetation Management Permit shall be valid for one year from the date of issuance. An extension may be granted by the Planning Division for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. ATTACHMENTS: Attachment A: Inspecting Arborist Report Attachment B: Restoration Plan Docusign Envelope ID: 3B510336-498E-42F3-B69C-DEC947D301EE 9/30/2024 | 2:02 PM PDT