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HomeMy WebLinkAboutLUA24-000348_Bruan_Tree_Removal_RVMP_CAE_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Routine Vegetation Management Permit and Critical Areas Exemption PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT AND CERTIFICATE OF EXEMPTION FROM CRITICAL AREA REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: January 16, 2025 PROJECT NUMBER: LUA24-000348, RVMP, CAE PROJECT NAME: Bruan Tree Removal PROJECT MANAGER: Brianna Burroughs, Associate Planner APPLICANT/CONTACT: John Cvikota The Davey Tree Expert Company 8622 S 222nd St, Kent, WA 98032 OWNER: Rufo Bruan 15429 SE 67th Pl, Bellevue, WA 98006 PROJECT LOCATION: 1740 S 27th St, Renton, WA 98055 (APN 0088000850) PROJECT DESCRIPTION: The applicant is requesting a Routine Vegetation Management Permit (RVMP) and a Critical Areas Exemption (CAE) to remove two (2) black cottonwood (Populus Trichocarpa) trees located at 1740 S 27th St (APN 0088000850). According to the Arborist Report, dated August 6, 2024, and the Tree Risk Assessment, dated July 31, 2024, prepared by Arborist John Cvikota (ISA Certified Arborist), the two (2) proposed trees for removal are a fifty-two inch (52”) diameter at breast height (DBH) black cottonwood (Tree #1) and a fifty-four inch (54”) DBH codominant stem black cottonwood (Tree #2) (Attachments A and C). On December 10, 2024, the Arborist updated his assessment of Tree #2 from “good” to “poor,” stating that the likelihood of failure is probable. In November of 2024 there was a storm which downed one (1) of the codominant stems on Tree #2. According to the updated report, the failure to withstand the storm was due to “a rotted and unstable base”. The subject property is approximately 115,434 square feet (2.65 acres) in area and is situated within the Residential-8 (R-8) zone and within the Benson Community Planning Area. The applicant is proposing to remove two (2) black cottonwood trees, aiming to mitigate the risk of damage to the property. Majority of the property is covered in trees and vegetation. The applicant has noted on their Tree Retention and Credit Worksheet that there are over 100 trees on the property. According to City of Renton (COR) maps, there is a wetland mapped on the neighboring property to the west (APN 0088000831) and the trees proposed for removal are within approximately 100 feet (100’) of an unclassified wetland. CRITICAL AREA: Wetland Buffer Docusign Envelope ID: A00CDE07-8403-4152-9D73-889A97E04E5C City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Bruan Tree Removal LUA24-000348, RVMP, CAE Permit Date: January 16, 2025 Page 2 of 6 Routine Vegetation Management Permit and Critical Areas Exemption 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 0088000850) covers 115,434 square feet (2.65 acres). As specified by the ISA Basic Tree Risk Assessment Form (Attachment D), the first black cottonwood (Populus Trichocarpa) tree proposed for removal, known as Tree #1, has a diameter at breast height (DBH) of fifty-two (52”) inches. The second black cottonwood (Populus Trichocarpa) tree proposed for removal, known as Tree #2, has a diameter at breast height (DBH) of (54”) inches. Considering the site’s total area of approximately 2.65 net acres and that most of the site is covered in over 100 trees, as identified by the arborist (Attachment C), the removal of these two (2) landmark trees would not require replanting. The applicant is proposing to remove the trees to 10 feet (10’) and create wildlife snags for each tree as a mitigation measure due to the proximity to the offsite wetland. Refer to the Critical Area Exemption Findings below for additional mitigation information. 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 a wetland on the neighboring property to the west (APN 0088000831). A critical areas exemption certificate is a component of this decision due to the presence of a wetland buffer. After conducting a site visit, staff does not anticipate that the proposed removals would have any negative environmental impact on the wetland or wetland buffer. According to the arborist reports (Attachments A & B) prepared by The Davey Tree Expert Company, it is recommended to remove the two (2) black cottonwood landmark trees that are causing damage to the adjacent home and cars parked in the driveway. Additionally, Tree #2’s recent stem failure due to a rotting base has further compromised the trees and the surrounding site. Refer to the Critical Area Exemption Findings below for additional exemption information. Removal of the trees aligns with the restrictions for critical areas, as outlined in RMC 4-4-130, Tree Retention and Land Clearing Regulations and RMC 4- Docusign Envelope ID: A00CDE07-8403-4152-9D73-889A97E04E5C City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Bruan Tree Removal LUA24-000348, RVMP, CAE Permit Date: January 16, 2025 Page 3 of 6 Routine Vegetation Management Permit and Critical Areas Exemption 3-050, Critical Area Regulations. Compliant if condition of approval is met 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 dangerous; or ii. 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 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: According to RMC 4-4-130F.2.c.i, a landmark tree may be removed if it is determined to be high-risk. In RMC 4-11-200, a high-risk tree is classified as such if it has a probable or imminent likelihood of failure; and a medium or high likelihood of impact; and the consequences of failure for the tree are significant or severe. On December 10, 2024, the arborist updated his assessment of Tree #2 from “good” to “poor”. The arborist contends that the likelihood of stem failure is probable with a high risk of property damage to the home and vehicles parked underneath. In November of 2024 there was a storm which downed one (1) of the codominant stems on Tree #2. According to the updated report, the failure to withstand the storm was due to a rotted and unstable base. Additionally, the report recommends removal to a 10-foot (10’) tall wildlife snag as Tree #2 had a major failure in the windstorm with only one (1) lead standing, opposed to two (2). The one (1) standing is on an extremely compromised base. Regarding Tree #1, the report indicated that the loss of the neighboring cottonwood (Tree #2) in the storm has increased the failure risk as these two (2) trees have coexisted for many decades and recommends removal of the black cottonwood tree to a 10-foot (10’) tall wildlife snag as well. Staff concurs with the arborist’s recommendation that the high-risk trees should be removed due to criteria i in RMC 4-4-130F.2.c being satisfied. In accordance with the arborist’s recommendation, the applicant shall leave the failing black cottonwood trees (Trees #1 and #2) as 10-foot (10’) tall wildlife snags as determined by the Current Planning Project Manager. N/A 4. Street frontage and parking lot trees and landscaping shall be preserved unless otherwise approved by the Administrator. Staff Comments: Not Applicable. The two (2) black cottonwood (Populus Trichocarpa) trees are not a part of street frontage, parking lot, nor landscaping trees. 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 two (2) black cottonwood (Populus Trichocarpa) trees were not required as part of a land development permit for Docusign Envelope ID: A00CDE07-8403-4152-9D73-889A97E04E5C City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Bruan Tree Removal LUA24-000348, RVMP, CAE Permit Date: January 16, 2025 Page 4 of 6 Routine Vegetation Management Permit and Critical Areas Exemption 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 two (2) black cottonwood (Populus Trichocarpa) trees proposed for removal are abutting a lot with dense vegetation due to the presence of a wetland on the neighboring site to the west. 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 would create or contribute to a hazardous condition, but instead indicated that it could cause greater damage to safety, 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 i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; Staff Comments: Removal of these high-risk 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 two (2) black cottonwood (Populus Trichocarpa) trees on parcel no. 0088000850. YES ii. 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 10-foot (10’) tall wildlife snags to prevent future damage to underground utilities, driveways, and dwellings. Compliant if condition of approval is met iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comments: The removal process of the trees being snagged at 10 feet (10’) tall is aimed at minimizing impacts on the surrounding wildlife, utilities, driveways, Docusign Envelope ID: A00CDE07-8403-4152-9D73-889A97E04E5C City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Bruan Tree Removal LUA24-000348, RVMP, CAE Permit Date: January 16, 2025 Page 5 of 6 Routine Vegetation Management Permit and Critical Areas Exemption neighboring structures, and residents, with a specific focus on removing only the trees determined by the arborist to be high-risk. The applicant did not identify how the disturbed wetland buffer areas were going to be restored after tree removal. Therefore, staff recommends as a condition of approval, that the applicant leave the fallen tree portions in the wetland buffer to provide wildlife habitat. In addition, the applicant shall apply a minimum of three inches (3”) of bark mulch cover (or equivalent) over any impacted area. No additional vegetation removal is proposed. YES iv. 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: The trees are at the end of the driveway. The removal of the trees to 10-foot (10’) tall wildlife snags would not require additional planting as it is not a full removal of the tree. See FOF iii above, for staff’s recommended condition of approval for restoration of the area to protect the existing habitat. N/A v. 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 Bruan Tree Removal Routine Vegetation Management Permit and Critical Areas Exemption, File No LUA24-000348 is Approved with Conditions*. *CONDITIONS OF APPROVAL: 1. The applicant shall remove the trees to 10-foot (10’) tall wildlife snags as recommended by the arborist. 2. The fallen tree material is required to remain within the wetland buffer as additional wildlife habitat material. 3. The applicant shall restore the disturbed area with a minimum of three inches (3”) of bark mulch cover (or equivalent) over any impacted areas. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Matthew Herrera, Planning Director Date Docusign Envelope ID: A00CDE07-8403-4152-9D73-889A97E04E5C 1/16/2025 | 3:53 PM PST City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Bruan Tree Removal LUA24-000348, RVMP, CAE Permit Date: January 16, 2025 Page 6 of 6 Routine Vegetation Management Permit and Critical Areas Exemption 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 January 30, 2025. 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, prepared by The Davey Tree Expert Company, dated August 6, 2024 Attachment B: Updated Arborist Report, prepared by The Davey Tree Expert Company, dated December 10, 2024 Attachment C: Tree Retention and Credit Worksheet, received November 7, 2024 Attachment D: ISA Basic Tree Risk Assessment Form, dated July 31, 2024 Docusign Envelope ID: A00CDE07-8403-4152-9D73-889A97E04E5C