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Home My WebLink AboutLUA23-000234_WinsperDivII_RVMP_V2 PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT EVALUATION FORM & DECISION DATE OF DECISION: November 8, 2023 PROJECT NUMBER: LUA23-000234, RVMP PROJECT NAME: Winsper Division II, Tract B RVMP PROJECT MANAGER: Brianna Burroughs, Associate Planner APPLICANT: Jennifer Byroads 17404 Meridian E Suite F PMB 171 Puyallup WA 98375 OWNER: J&M Property Management 17404 Meridian E Suite F PMB 171 Puyallup WA 98375 CONTACT: Jennifer Byroads 17404 Meridian E Suite F PMB 171 Puyallup WA 98375 PROJECT LOCATION: 948576TR-B, near 3206 Wells Ave S (Parcel 9485760110) PROJECT DESCRIPTION: The applicant, J&M Management, is requesting approval of a Routine Vegetation Management Permit in order to remove one (1) dangerous tree in Tract B (APN 948576 TR-B). The subject vacant property is “common property” for the Winsper II subdivision and is approximately 1.09 acres according to King County records. An arborist report prepared by Terry Flatley was submitted with the project application (Attachment A) that describes damage and risk posed to a neighboring residence by the trees in the common open space tract. The neighboring property to the Southwest addressed at 3206 Wells Ave S (APN 9485760110) abuts Tract B of the Winsper II subdivision and both properties are within the Residential-8 (R-8) zone. Tree #1 has a 10-inch diameter at breast height (DBH) Black Cottonwood has a 30% lean into the back yard of the neighboring property. According to Flatley, the risk rating is “HIGH” because of its severe lean, the targets, and the intermittent presence of people. Three (3) other trees were also assessed at various levels of health and were recommended monitoring by an arborist on a yearly basis. CRITICAL AREA: None EXPIRATION DATE: One (1) year from issuance GENERAL REVIEW CRITERIA 4-9-195D4: 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: The subject lot is a heavily wooded common open space tract for the Winsper Subdivision II approximately 1.09 acres in area and therefore, 30 tree credits would be required. Removal of the subject tree, which is a 10-inch Black Cottonwood with a tree credit value of five (5), would not bring the site below the required 30 tree credits. 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: The subject lot is a heavily wooded common open space tract for the Winsper Subdivision II approximately 1.09 acres in area and therefore, 30 tree credits would be required. Removal of the subject tree, which is a 10-inch Black Cottonwood with a tree credit value of five (5), would not bring the site below the required 30 tree credits. 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: Not applicable. The subject lot is not mapped with applicable critical areas. YES 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. Staff Comments: Not Applicable. The Black Cottonwood tree proposed for removal is not equal to or greater than 30 caliper inches and therefore is not a landmark tree. YES 4. Street frontage and parking lot trees and landscaping shall be preserved unless otherwise approved by the Administrator. Staff Comments: The tree proposed for removal and trimming are not street frontage landscaping or parking lot trees. 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: Tract B of the Winsper Subdivision II is a tract that was set aside for common open space and recreational use for the benefit of the property owners within the subdivision. Maintaining the trees and vegetation within the tract is the responsibility of the subdivision’s homeowners. As indicated in the arborist report, Tree #1 has become a High-Risk Tree. While the tree proposed for removal was at one time a protected tree associated with the common open space tract, it has become high risk and no longer can be maintained. The tree can still provide a habitat function as a felled tree within the tract left as large woody debris. Therefore staff recommends as a condition of approval, that Tree #1 shall be retained as large woody debris within the common open space tract following its removal. 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 tree proposed for removal is not being used as visual screening or buffering between land uses of differing intensities. 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: According to the arborist report, Tree #1 is in poor condition and not expected to improve over time. The subject tree poses an immediate risk of failure to people and property at any time and therefore, the removal of the tree would reduce the potential for a hazardous condition. YES 8. The land clearing and tree removal shall be consistent with the requirement 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: The proposal is not within a shoreline jurisdiction and does not conflict with the Shoreline Master Program regulations. The proposal complies with the applicable regulations found in RMC 4-4-130 Tree Retention and Land Clearing Regulations. YES 8. The land clearing and tree removal shall be consistent with the requirement 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: The proposal is not within a shoreline jurisdiction and does not conflict with the Shoreline Master Program regulations. The proposal complies with the applicable regulations found in RMC 4-4-130 Tree Retention and Land Clearing Regulations. DECISION: The Winsper Division II, Tract B RVMP, LUA23-000234, RVMP is *CONDITIONS OF APPROVAL: The applicant shall follow all tree removal recommendations as set forth in the submitted arborist report (Attachment A). Tree #1 shall be retained as large woody debris within the common open space tract following its removal. 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 . 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 year from the date of issuance. An extension may be granted by the Planning Division for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. Attachments: Arborist Report cc: