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Home My WebLink AboutD_Critical_Areas_Exemption_Air_Marshal_Tree_Removal_180924.pdfDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE: PROJECT NUMBER: PROJECT NAME: PROJECT MANAGER: September 24, 2018 LUA18-000629 Air Marshal Tree Removal Jeffrey Taylor, Assistant Planner OWNER:500 POWELL LLC 500 POWELL LLC C/O BTV DEVELOPMENT LP 2870 Gateway Oaks Dr #110 Sacramento, CA 95833 CONTACT:William Cote 1015 3rd Ave 900 Saettle, WA 98104 LOCATION:500 POWELL AVE SW DESCRIPTION:The applicant is requesting a Critical Areas Exemption to remove eight (8) hazardous trees (See Exhibit 1) in a wetland surrounding the Federal Air Marshal 's building located at 500 Powell Avenue, Renton WA, 98055 (APN 1323099086). The applicant proposes to remove three cottonwood trees located on the eastern side of the property which are declining in health and are uplifting the abutting security fence. The trees have also lost numerous branches which have caused significant damage to the abutting carport and vehicles. The trees are approximately 22" to 46" in diameter and 80' to 135' in height. The applicant also proposes to remove four (4) dead cottonwood trees, and one (1) living cottonwood tree bordering the northern side of the parking area on the western half of the property. The four (4) dead cottonwoods are proposed to be removed as normal property maintenance, and the living cottonwood has a significant lean, creating an elevated risk of failure which poses a life safety risk. The trees are all within the Special Flood Hazard Area, FEMA Zone - AE, High Seismic Hazard Area , and the Rivertech Wetlands , Ref# W-15. CRITICAL AREA:Special Flood Hazard Area, FEMA Zone - AE, High Seismic Hazard Area , and the Rivertech Wetlands, Ref# W-15. Page 1 of 3 Seattle Suite 900 DocuSign Envelope ID: B8EE60CE-66AA-4552-B2C6-F1CF1580F845 City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Regulations Air Marshal Tree Removal LUA18-000629 EXEMPTION JUSTIFICATION:The applicant's proposal is consistent with the recommendations outlined in the submitted Arborist Report dated August 10, 2018 (See Exhibit 2). The applicants also met with City Urban Forestry and Natural Resources Manager, Terrence J. Flatley, City City Consulting Arborist, Anne Jones, and Assistant Planner , Jeffrey Taylor on Tuesday , August 28th, 2018 to discuss the proposal on site. Terrence J. Flatley and Anne Jones both concurred that the trees proposed for removal are hazardous and should be immediately removed. The applicants expressed concerns that the trees would pose an increased risk of failure in the rainy season and that removal should be expedited. These concerns were echoed by Terrence J. Flatley and Anne Jones . Upon removal the applicant proposes to leave the timber in the wetlands to act as a habitat. City Urban Forestry and Natural Resources Manager, Terrence J. Flatley verbally agreed with this approach during the on site meeting held on August 28th, 2018. No timber should be removed from the site as part of this project. FINDINGS:The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.2.d: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; 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; 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. DECISION: An exemption from the Critical Areas Regulations is hereby Approved with Conditions*. CONDITIONS:Planning General Conditions 1. No timber shall be removed from the site as part of this project. Page 2 of 3 DocuSign Envelope ID: B8EE60CE-66AA-4552-B2C6-F1CF1580F845 City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Regulations Air Marshal Tree Removal LUA18-000629 SIGNATURE & DATE OF DECISION: DateJennifer Henning, Planning Director September 24, 2018 The above land use decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). APPEALS: An appeal of this administrative land use decision must be filed in writing together with the required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m., on October 08, 2018. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. 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 to 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. EXPIRATION: Five (5) years from the date of decision (date signed). Attachments:Vicinity/Neighborhood Detail Map, Site Plan Page 3 of 3 DocuSign Envelope ID: B8EE60CE-66AA-4552-B2C6-F1CF1580F845 Green BelttrtrEEEtrt.rrrrrr-.--.rrr..-r.--rr-r-t_--.r-_.-. Fgncg500 Powell Ave SWRenton, WA 98057taaaaa.l.^ ,";llosxlno I|'-r--.]F lesl* la E l=ll(o0)ds)Parking areaFederal AirMarshal's BuildingThe City of Renton Arborist indicatcdr- wlth white paint- a mark on the trce (or! dlractional mark polnting to tree) thorai trsesthat can be ramoved,l.tI!oto=oo=Green BeltEEDead AlderLiving Alder@ Singte Cottonwood$OorUle trunk CottonwoodEXHIBIT 1DocuSign Envelope ID: B8EE60CE-66AA-4552-B2C6-F1CF1580F845 Entire Document Available in Laserfiche Submittals Folder EXHIBIT 2 DocuSign Envelope ID: B8EE60CE-66AA-4552-B2C6-F1CF1580F845