HomeMy WebLinkAboutD_RVMPCAE_LibertyPark_20230330DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_RVMPCAE_LibertyPark_FINAL
PLANNING DIVISION
ROUTINE VEGETATION MANAGEMENT PERMIT
AND CERTIFICATE OF EXEMPTION FROM
CRITICAL AREA REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION: March 30, 2023
PROJECT NUMBER: LUA23-000068, RVMP, CAE
PROJECT NAME: Liberty Park Tree Maintenance
PROJECT MANAGER: Andrew Van Gordon, Associate Planner
APPLICANT: City of Renton Parks and Recreation, Attn: Ian Gray
1055 S Grady Way, Renton, WA 98057
OWNER: City of Renton
1055 S Grady Way, Renton WA 98056
CONTACT: Ian Gray
1055 S Grady Way, Renton, WA 98057
PROJECT LOCATION: Right bank of the Cedar River within Liberty Park abutting APN 1723059043
PROJECT DESCRIPTION: The applicant is requesting approval of a Routine Vegetation Management
Permit (RVMP) and Critical Area Exemption (CAE) to allow for the maintenance
of eight (8) Cottonwood trees. A Routine Vegetation Management Permit is
required for removal or pruning any dangerous trees within shoreline
vegetation conservation buffer. The location of the trees is along the right bank
of the Cedar River and is part of Liberty Park. Liberty Park encompasses three
(3) tax parcels (APNs 1723059011, -9038, -9043) totaling approximately
458,862 square feet (10.53 acres). The location of the trees is not located
within a specific zone but is identified as being with the Cedar River right-of-
way per COR Maps. They are within the Shoreline Master Program (SMP)
Shoreline High Intensity designation and Cedar River Reach B jurisdiction.
Vegetation management is not considered development in SMP overlays.
The applicant proposes maintenance work on eight (8) cottonwood trees. The
proposed work is to mitigate the risk of whole tree failure by reducing the lever
arm action in the upper canopies which in turn will reduce the forces acting on
what appears to be the friable and unstable soil structure of the riverbank.
(Attachment 1) The trees are located within Liberty Park on the right bank of
DocuSign Envelope ID: A586511B-D439-4AFD-BC64-2B1F8F483EFC
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Liberty Park Tree Maintenance LUA23-000068, RVMP, CAE
Permit Date: March 30, 2023 Page 2 of 5
D_RVMPCAE_LibertyPark_FINAL
the Cedar River within the Cedar River Waterway.
CRITICAL AREA: Flood Hazard; Floodway: FEMA Zone AE; Sensitive Slopes (>25% & <= 40%;
Seismic Hazard Area: High; Wellhead Protection Area: Downtown Zone 1
EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C3ciii 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.
ROUTINE VEGETATION MANAGEMENT REVIEW CRITERIA 4-9-195D4:
N/A 1. The lot shall comply with minimum tree density requirements pursuant to RMC 4-
4-130, Tree Retention and Land Clearing Regulations.
Staff Comments: Not applicable. Tree maintenance is being performed on trees
within the Cedar River Waterway; no trees are proposed for removal. Tree density
requirements do not apply.
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: Per COR Maps, proposed work is within a Flood Hazard;
Floodway: FEMA Zone AE; Sensitive Slopes (>25% & <= 40%; Seismic Hazard Area:
High; Regulated Shoreline: Cedar River Reaches: CR-B; Wellhead Protection Area:
Downtown Zone 1.
No removal of trees is proposed. Per the arborist report (Attachment 1), authored
by Ian Gray: Urban Forestry Resource Manager, the trees have various health
concerns such as leaning, unbalanced crowns and substantial basal decay pockets.
To mitigate the risk of whole tree failure to the south towards existing
development, maintenance work is needed.
Shoreline regulations apply to all use and development activities within the
shoreline. The trees are located within the Shoreline High Intensity/Cedar River
Reaches B designation and are within the 100-foot (100’) vegetation conservation
buffer (Attachment 2). Maintenance of a tree does not meet the definition of
development within shorelines, and therefore shoreline regulations do not apply.
A Routine Vegetation Management Permit is required for the maintenance of any
trees within the vegetation conservation buffer if the work is not included in
another land use permitting process.
See Critical Area Exemption Findings below for additional exemption information.
Maintenance of the trees is consistent with restrictions for critical areas, pursuant
to RMC 4-4-130, Tree Retention and Land Clearing Regulations, and RMC 4-3-050,
Critical Area Regulations.
DocuSign Envelope ID: A586511B-D439-4AFD-BC64-2B1F8F483EFC
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Liberty Park Tree Maintenance LUA23-000068, RVMP, CAE
Permit Date: March 30, 2023 Page 3 of 5
D_RVMPCAE_LibertyPark_FINAL
N/A 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 parki ng 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: Not applicable. A landmark tree is defined as a tree with a caliper
of 24 inches (24”) or greater, except for Big Leaf Maples, Black Cottonwoods and
Red Alder Trees which qualify as landmark trees with a caliper of 30 inches (30”)
or greater. Seven (7) of the eight (8) cottonwood trees have a measurement of
over 30 inches (30”) and are landmark trees. However, removal of the trees is not
proposed.
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 tree proposed for removal is not a street
frontage, parking lot or landscaping tree.
YES 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: The trees are located within the shoreline vegetation
conservation buffer. Native riparian vegetation is required to be maintained and
enhanced as part of flood control management programs along the Cedar River B
regulated shoreline. The proposal is for the trees to remain. All other riparian
vegetation within the buffer will be maintained.
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: Native riparian vegetation would be maintained within the
shoreline vegetation conservation buffer after pruning maintenance of the trees.
See Routine Vegetative Management Plan Review Criteria 5 for additional
screening information.
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: The RVMP is being requested due to the necessity to maintain
eight (8) trees to prevent whole tree failure. Provided documentation did not
DocuSign Envelope ID: A586511B-D439-4AFD-BC64-2B1F8F483EFC
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Liberty Park Tree Maintenance LUA23-000068, RVMP, CAE
Permit Date: March 30, 2023 Page 4 of 5
D_RVMPCAE_LibertyPark_FINAL
indicate that the maintenance of the trees would create or contribute to a
hazardous condition, but instead indicated that it could cause greater damage in
the future if no work to occur.
YES 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: Maintenance of a tree does not meet the definition of
development within shorelines, and therefore shoreline regulations do not apply.
A Routine Vegetation Management Permit is required for the maintenance of any
trees within the vegetation conservation buffer if the work is not included in
another land use permitting process. See Routine Vegetation Management
Findings above for additional information.
CRITICAL AREA EXEMPTION FINDINGS:
The proposed development is consistent with the following findings pursuant to RMC
section 4-3-050C2d:
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: Maintenance of the 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 will act as written permission to allow the
maintenance of the eight (8) 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: According to the provided arborist report, it is recommended
that maintenance work occur to prevent future damage to existing
infrastructure.
iii. Impacts are minimized and, where applicable, disturbed areas are immediately
restored;
Staff Comment: Maintenance will minimize impacts to neighboring structures
and pedestrians. No other vegetation is proposed for removal.
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: No vegetation is proposed for removal. See Critical Area
Exemption Criterion iii for additional information.
DocuSign Envelope ID: A586511B-D439-4AFD-BC64-2B1F8F483EFC
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Liberty Park Tree Maintenance LUA23-000068, RVMP, CAE
Permit Date: March 30, 2023 Page 5 of 5
D_RVMPCAE_LibertyPark_FINAL
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. A hazardous material, activity and/or facility
is not a part of the project.
DECISION: Liberty Park Tree Maintenance, LUA23-000068, RVMP, CAE for the maintenance of eight (8)
cottonwood trees as shown in the arborist report (Attachment 1) is Approved .
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 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 April 13, 2023.
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 (1) year from the date of
decision. An extension may be granted by the Planning Division for a period of one (1) year upon
application by the property owner or manager. Application for such an extension must be made at least
30 days in advance of the expiration of the original permit and shall include a statement of justification for
the extension. The Critical Area Exemption expires two (2) years from the date of decision.
Attachments:
Attachment 1: Arborist Report authored by Ian Gray
Attachment 2: Site Map
DocuSign Envelope ID: A586511B-D439-4AFD-BC64-2B1F8F483EFC
3/30/2023 | 5:40 AM PDT
Liberty Park Cottonwoods - Worklist & Notes
After the recent failure of a large Cottonwood in the midst of this row of trees along the Cedar
River a thorough review of tree conditions was undertaken. Most of the trees are tall and
mature, some are leaning and some have unbalanced crowns. Other trees have substantial
basal decay pockets and/or large upper canopy deadwood. Ground heave is visible at the base
of one of the larger trees. To mitigate the risk of whole tree failure to the South toward a city
building mirroring the recent event, the proposed pruning will help reduce the lever arm action
in the upper canopies and thereby reduce the forces acting on what appears to be the friable
and unstable soil structure of the riverbank.
• Access for equipment is limited, but a chip truck and chipper may be staged off Houser
Way.
• The gate entrance and path adjacent to the trees on the riverbank may accommodate a
spider lift
• Branches or pruned sections may not be dropped in the river – all debris must be rigged
and lowered
• Large sections of branches or stems may be wedged behind the tree trunks on the bank
above
Tree Species ID# DBH Notes
1 Cottonwood 24589 72 Reduce top to lateral
2 Cottonwood 24590 28 Reduce top to lateral
3 Cottonwood 24592 42 Remove branches to trunk
4 Cottonwood 24596 44 Remove codominant stem
5 Cottonwood 24598 69 Remove codominant stem
6 Cottonwood 24605 74 Remove branches to trunk
7 Cottonwood 24607 68 Remove branches to trunk
8 Cottonwood 24580 72 Remove branches to trunk and reduce tip weight on others
EXHIBIT 1
RECEIVED
PLANNING DIVISION
03/06/2023
AVanGordon
DocuSign Envelope ID: A586511B-D439-4AFD-BC64-2B1F8F483EFC
EXHIBIT 2
RECEIVED
PLANNING DIVISION
03/06/2023
AVanGordon
DocuSign Envelope ID: A586511B-D439-4AFD-BC64-2B1F8F483EFC