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HomeMy WebLinkAboutCritical_Area_Exemption_LUA21-000432_v3.SIGNEDDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Critical Area Exemption LUA21-000432_v3_SIGNED PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: December 20, 2021 PROJECT NUMBER: LUA21-000432, CAE PROJECT NAME: The Aviator Apartments Tree Removal PROJECT MANAGER: Andrew Van Gordon, Associate Planner APPLICANT: A Plus Tree Inc, Attn: Amanda Pole 985 Walnut Ave, Vallejo, CA 94592 OWNER: GRE Sunset Vista, LLC 2801 Alaskan Way, Suite 310, Seattle, WA 98121 CONTACT: A Plus Tree Inc, Attn: Amanda Pole 985 Walnut Ave, Vallejo, CA 94592 PROJECT LOCATION: 10408 SE 174th St, Renton, WA 98055 (TPN 2923059134) PROJECT DESCRIPTION: The applicant is requesting approval of a Critical Areas Exemption to allow for the removal of one (1) Red Alder and three (3) Western Cottonwoods located at 10408 SE 174th St (APN 2923059134). The property, The Aviator Apartments, is approximately 192,700 square feet (4.4 acres) in size. The property is located within the Commercial Arterial (CA) zone within Urban Design District D overly. The applicant proposes to remove one (1) 10” diameter at breast height (DBH) Red Alder and three (3) Western Cottonwoods (5” DBH, 4” DBH, 4” DBH). Per the Arborist Report, the Red Alder is dying from the top down with expected internal decay that will weaken the structural integrity, and the Western Cottonwoods are dead (Attachment 1). All four (4) trees are located in the northeast portion of the property within a mapped sensitive slope area and are high-risk to The Aviator Apartments’ community and visitors based on findings from the Arborist Report (Attachment 1). If retained as-is future failure is expected to occur in a heavy-loaded event or under normal condition. The City’s Urban Forestry and Natural Resource Manager, Ian Gary, evaluated the Arborist Report and does not have an issue with the report or proposed removal (Attachment 3). DocuSign Envelope ID: 1BAA358F-567F-40AA-9BBB-EF9ECFC0A70E City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations The Aviator Apartments Tree Removal LUA21-000432, CAE Permit Date: December 20, 2021 Page 2 of 3 Critical Area Exemption LUA21-000432_v3_SIGNED CRITICAL AREA: Coal Mine Hazard area and Sensitive Slopes (>25% to <=40%) EXEMPTION JUSTIFICATION: Pursuant to RMC 4-3-050C.3.c.iii. Dangerous Trees, removal of dangerous trees is an exempt activity within Geologic Hazard Areas. 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; Staff Comment: Approval of this exemption will act as written permission to allow the removal of the trees. ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comment: Per the arborist report (Attachment 1), removal of all four (4) trees to the ground and the debris retained will best minimize risk to property and/or personal damage. iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comment: Per the submitted materials the trees are located on a slope in the northeast portion of the site. Only the trees themselves will be downed and debris will be retained. As a condition of approval the trees will be reduced to a snag with retention of the felled trees as large woody debris for habitat, where feasible, is required. 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 Comment: Not applicable. The proposal is not occurring during construction or other activities. 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 Comment: Not applicable. The proposal does not include a significant or substantial potential to degrade groundwater quality. DECISION: An exemption from the Critical Areas Regulations is hereby approved as conditioned below. DocuSign Envelope ID: 1BAA358F-567F-40AA-9BBB-EF9ECFC0A70E City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations The Aviator Apartments Tree Removal LUA21-000432, CAE Permit Date: December 20, 2021 Page 3 of 3 Critical Area Exemption LUA21-000432_v3_SIGNED *CONDITIONS OF APPROVAL: Only the four (4) identified trees shall be removed. The applicant shall reduce the trees to a wildlife snag and retain the felled trees as large woody debris for habitat where feasible. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Vanessa Dolbee, 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 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 January 3, 2022. 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 the ongoing state of emergency enacted by Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub only on Tuesdays and/or Wednesdays. 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. 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: Five (5) years from the date of decision (date signed). Attachments: Attachment 1: Arborist Report Attachment 2: Tree Retention Plan Attachment 3: Email from Ian Gray cc: A Plus Tree, Inc., Attn: Amanda Pole, 985 Walnut Ave, Vallejo, CA 94592 GRE Sunset Vista, LLC, 2801 Alaskan Way, Suite 310, Seattle, WA 98121 DocuSign Envelope ID: 1BAA358F-567F-40AA-9BBB-EF9ECFC0A70E 12/20/2021 | 2:23 PM PST