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Home My WebLink AboutD_Winsper I Dangerous Tree_210609DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Winsper I Dangerous Tree_210609 PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: June 9, 2021 PROJECT NUMBER: LUA21-000211, CAE PROJECT NAME: Winsper I Dangerous Tree PROJECT MANAGER: Brittany Gillia, Assistant Planner APPLICANT: Breze Reed, J&M Management 17404 Meridian E, Ste F PMB 171 Puyallup, WA 98375 OWNER: J&M Management 17404 Meridian E, Ste F PMB 171 Puyallup, WA 98375 PROJECT LOCATION: Winsper Division I, Tract F (APN 9485750560) PROJECT DESCRIPTION: The applicant, J&M Management, is requesting approval of a Critical Areas Exemption in order to remove or reduce a dangerous tree in Tract F (APN 9485750560) of the Winsper I subdivision. The Winsper Subdivision was approved by King County and constructed prior to the City’s 1994 annexation of the area. The site is located within the Residential-8 (R-8) zone and is approximately 17,145 square feet. An arborist report prepared by Terrence J. Flatley was submitted with the project application (Attachment A). The subject tree is a 42” DBH Black Cottonwood (Populus trichocarpa) located along the northern boundary of Tract F and directly south of 815 S 31st St. According to the report, the subject tree has height greater than 100 feet and the tree is approximately 97% dead. The main branches found at the top of the tree are dead and rotting and they are reported to be falling to the ground in neighboring properties yards within 30-40 feet of the trunk. An indication of trunk rot was noticed approximately 60 feet above the ground on the east side of the tree ( Attachment A). The submitted materials contend that due to the proximity of the subject tree to nearby developed properties, there is a high risk of damage to property and injury to people and the tree is recommended to be removed or reduced to a safe height immediately. Upon creation of the Winsper subdivision, Tract F was designated as a Native Growth Protection Easement (NGPE) by King County and the plat is labeled to note the presence of wetlands within the tract. Per the face of the plat, written permission is required to alter any vegetation within the easement. CRITICAL AREA: Wetlands DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Winsper I Dangerous Tree LUA21-000211, CAE Permit Date: June 9, 2021 Page 2 of 3 D_Winsper I Dangerous Tree_v1 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. 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* and subject to the following conditions: *CONDITIONS OF APPROVAL: 1. The applicant shall reduce the subject tree to a 15-foot tall wildlife snag and retain the felled tree as large woody debris for natural habitat where feasible. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Vanessa Dolbee, Planning Director Date DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE 6/9/2021 | 2:52 PM PDT City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Winsper I Dangerous Tree LUA21-000211, CAE Permit Date: June 9, 2021 Page 3 of 3 D_Winsper I Dangerous Tree_v1 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. APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on June 23, 2021. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. 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. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. EXPIRATION: Five (5) years from the date of decision (date signed). Attachments: Arborist Report DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE MARCH 29, 2021 ARBORIST REPORT WINSPER HOMEOWNERS ASSOCIATION Prepared by Terrence J. Flatley Forester Certified Arborist/Municipal Specialist #7272 AM DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Arborist Report Winsper Homeowners Association Critical Area Wetland Buffer Tree Removal March, 2021 Purpose City of Renton regulations requires property owners to submit an arborist report to perform tree removal within designated critical areas and obtain a permit referred as, “CRITICAL AREAS EXEMPTION.” The report includes information about trees so that City Planning staff can determine if tree removal falls within exemption guidelines in order to issue a permit. This report for the Winsper Homeowners Association (HOA), provides information for a tree the HOA and adjacent neighbors are concerned with that might impact the homes bordering a wetland area. The report contains the information that the HOA can use in ﬁling Critical Areas Exemption submittals. The information in this report was collected at the site using basic assessment techniques from ground level. Tree diameter was measured using a metal Diameter at Breast Height (DBH) tape. Description of the Site •General description: Tract F is located along the north-central property boundary of the Winsper HOA and south of the Victoria Hills HOA (see maps below). Near the north boundary line can be found a large black cottonwood tree (Populus trichocarpa) directly south of 815 South 31st Street, Renton Washington. Besides impacting the property at 815 S. 31st Street, the property to the west at 809 S. 31st Street is within 100 feet of the cottonwood tree. Tract F was designated a wetland area by King County. While it does not appear as a designated wetland area on City of Renton mapping, the development plat map indicates this parcel as being transferred to Renton following incorporation and/or annexation. And, as such, the City of Renton requires that the property owner obtain a permit in order to remove this tree or perform any type of vegetation management within the tract. •Legal Description: SW Quarter Section, Section 29, Township 23 N, Range 5 N, City of Renton, King County, Washington. Parcel ID: 9485750560. •Tree: The tree of concern is within Tract F. It is a black cottonwood that is 41 inches in diameter measured at 54 inches (4.5 feet) above ground level. Its approximate height is greater than 100 feet. The tree has been tagged with bright pink ﬂagging. The tree’s approximate location is shown on the subdivision map attached. Photographs of the tree and descriptions are included below. The tree is 97% dead having a few live trunk-sprouts that may sprout a some leaves from latent buds. However, all the main branches found in the top of the tree are dead; these are rotting and falling to the ground within 30 to 40 feet of the trunk. Some of these branches have fallen into the neighbor’s yard to the north and onto a property fence. An indication of trunk rot was noticed approximately 60 feet above the ground on the east side of the tree; this appears as a yellow fungal fruiting body or conk. Tract F Tract F is approximately 0.39 acres (17,145 sq.ft.) in size. It contains a well-stocked population of trees and shrubs adapted to the wetlands. The main over-story species is black cottonwood with many such trees in decline and storm damaged. Numerous Oregon ash (Fraxinus latifolia) trees compose the understory Tree of Concern DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Live, healthy trees do not represent a signiﬁcant risk of failure under normal weather conditions. Such trees are considered to be in excellent, very good or good condition. On the other hand, trees that are dead, contain large pockets of decay, and have severe lean can be considered in poor or very poor condition. A large gradation exists between very poor and excellent conditions of trees. Typically, trees are evaluated according to some risk and how they might affect property or people according to their risk rating. For example, trees in the open represent a low risk because if they fail there are no speciﬁc targets for them to strike, damage or hurt people. Trees along a busy street can represent a higher risk due to the presence of people, vehicles and structures. The tree in this report is found in the wetland tract adjacent to two developed properties which contain fences, houses, other structures and, the intermittent presence of people. Both houses are within the path of this tree should the whole tree fail. However, large dead branches represent a signiﬁcant risk to people and property within 40 feet of both adjacent properties. Should they fail, and numerous branches have already fallen, they have a very high probability of damaging property or injuring people. It is recommended this tree be removed or reduced to a safe height immediately due to its high risk of damage to property and injury to people. The following pages provide site photographs of the tree as well as maps to assist locating the property at the: •Regional/Neighborhood level •Subdivision level 2 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Site Photographs 41” DBH Black Cottonwood South of S. 31 Street 41” Black Cottonwood 100+’ tall 3 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Black Cottonwood Exhibiting Large Dead Branches 4 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Potential Fungal Body at 60 Feet Above Ground Conk 5 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Branch Debris Area from Cottonwood Tree 6 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Large and Dead Branch on Neighbors Fence 7 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Neighborhood Map 8 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Site Map 9 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE Plat Map 10 of 10Winsper HOA DocuSign Envelope ID: A31604A3-00FC-41CB-8265-9C89216A69DE