Loading...
HomeMy WebLinkAboutD_RVMP_Orchards HOA_240215_FINDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_RVMP_Orchards HOA_240215_FIN PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT AND CERTIFICATE OF EXEMPTION FROM CRITICAL AREA REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: February 15, 2024 PROJECT NUMBER: LUA24-000025, RVMP and CAE PROJECT NAME: Orchards HOA RVMP CAE PROJECT MANAGER: Mariah Kerrihard, Assistant Planner APPLICANT: Stacy Yates 10615 SE 256th St Unit 201, Kent, WA 98030 OWNER: Orchards Master HOA 10615 SE 256th St Unit 201, Kent, WA 98030 CONTACT: Same as Applicant PROJECT LOCATION: APN 6403500650 PROJECT DESCRIPTION: The applicant is seeking approval for a Routine Vegetation Management Permit and a Critical Area Exemption to conduct pruning and maintenance on 14 trees located within a Native Growth Protection Area (NGPA) tract with parcel identification number 6403500650 Tract 100. This tract is situated to the east of three (3) homes in the Orchards Master HOA on NE 7th St. The NGPA tract in the Clover Creek subdivision contains a critical area classified as a wetland. Accompanying the application is an Arborist Report from Davey Resource Group Inc. (dated November 7, 2023; see Attachment 2). The report recommends minimal pruning for two (2) trees (#518 and 519) and the removal of 12 trees (#514, 515, 516, 517, 520, 521, 522, 523, 524, 525, 526, 527). The proposed trees are located on the West side of the subject parcel. The arborist assessed all trees within striking distance of the homes, resulting in a comprehensive report covering 14 trees. According to the arborist, all inspected trees were within 1x tree height of the targets, with many canopies overhanging nearby homes frequently occupied by adults and children. Of the assessed trees, five (5) were reported to be in fair to very poor condition, while nine (9) were dead or dying. Serious decline and large deadwood were observed in many high-risk trees. Twelve (12) trees are proposed for removal, and two (2) trees are proposed for pruning. There are multiple dead trees within striking distance of homes, and after completing the removals, pruning should occur on the remaining trees to eliminate deadwood. Trees designated for removal may be topped at a safe height and left as habitat snags for wildlife food, nesting, or shelter. DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC City of Renton Department of Community & Economic Development Orchards HOA RVMP Routine Vegetation Management Permit LUA24-000025, RVMP AND CAE Permit Date: February 15, 2024 Page 2 of 6 D_RVMP_Orchards HOA_240215_FIN CRITICAL AREA: Within 200 feet of mapped wetlands located on Tract 100. EXPIRATION DATE: One (1) year from issuance EXEMPTION JUSTIFICATION: Renton Municipal Code (RMC) 4-3-050 Critical Areas Regulations: Renton Municipal Code, Section 4-3-050C.3.f.i. Temporary Wetland Impacts. 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: 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: In accordance with RMC 4-4-130.H, compliance with tree credit requirements necessitates a minimum rate of 30 tree credits per net acre. The tree risk assessment area was divided between two (2) parcels: Parcel ID 6403500650 covering 0.86 acres and Parcel ID 894641TR-D covering 0.40 acres. According to the arborist’s assessment, the removal of 12 trees would result in a deficit of 58 credits. Considering the total site area of approximately 0.86 net acres and applying the rate of 30 credits per acre (30 credits x 0.86 acres = 25.8 credits), there is a requirement of 26 tree credits on the subject property. Additionally, in line with the Arborist’s recommendations, the trees proposed for retention within the parcel exceed the minimum tree credit requirements. Preserved trees include two (2) 10-12” caliper (Bigleaf maple) trees, three (3) 12-15” caliper (Bigleaf maple) trees, one (1) 22-24” caliper (Bigleaf maple) tree, and one (1) 33-36” caliper (Bigleaf maple) tree, totaling 49 tree credits in Parcel ID 894641TR-D. Furthermore, a minimum of 53 tree credits were documented within Parcel ID 6403500650, comprising two (2) 6-9” caliper trees (Red Alder and Black Cottonwood), one (1) 10-12” caliper (Black Cottonwood) tree, four (4) 12- 15” caliper (Black Cottonwood) trees, two (2) 16-18” caliper (Black Cottonwood) trees, and one (1) 19-21” caliper (Black Cottonwood) tree. This compliance is subject to the removal of the 12 trees, the planting of three (3) new large native tree species, and the retention of the preserved trees on the property. 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: COR maps has identified a wetland and a regulated slope area on the property. A critical areas exemption certificate is a component of this decision. DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC City of Renton Department of Community & Economic Development Orchards HOA RVMP Routine Vegetation Management Permit LUA24-000025, RVMP AND CAE Permit Date: February 15, 2024 Page 3 of 6 D_RVMP_Orchards HOA_240215_FIN 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: Criterion i has been met. The applicant is requesting the removal of 12 significant trees—a Red Alder (alnus rubra), Black Cottonwood (Populus trichocarpa), Western Red Cedar (Thuja plicata), and Ash (Fraxinus spp.) trees with a range from 5-inch (5”) to 22-inch (22”) DBH. A Routine Vegetation Management Permit is mandatory for the removal of more than two (2) significant trees, not associated with a land development permit. A certified arborist's written report (refer to Attachment 2) identified evidence of large deadwood and serious decline. This tree poses multiple risks, including houses and occupants within the target zone, meeting the criteria for removal. The arborist assessing the tree identified it as posing a high risk and recommends its removal. 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 trees are not a part of street frontage, parking lot or landscaping trees. N/A 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: Not Applicable. The trees were not required as part of a land development permit for landscaping or tree requirements. Neither street frontage nor parking landscaping is proposed to be removed. 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 is adjacent to lots with detached dwellings and is a use of equal intensity. Removal of the trees would not remove required visual screening and buffering between land uses of differing intensity. 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: Provided documentation did not indicate that the removal of the tree would create or contribute to a hazardous condition. N/A 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: Not applicable. The property is not located within shoreline jurisdiction. DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC City of Renton Department of Community & Economic Development Orchards HOA RVMP Routine Vegetation Management Permit LUA24-000025, RVMP AND CAE Permit Date: February 15, 2024 Page 4 of 6 D_RVMP_Orchards HOA_240215_FIN CRITICAL AREAS EXEMPTION 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 Comments: Removal of the trees are 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 removal of the 12 trees on parcel 6403500650. ii.The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comments: According to the arborist report, it is recommended that the trees be removed to prevent future damage. iii.Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comments: The removal process is aimed at minimizing impacts on neighboring structures and residents, with a specific focus on tree removal. As outlined in RMC 4-3-050G, proposals may include provisions for establishing native growth protection areas, which mandate the preservation of trees, shrubs, and ground cover. Any activities within these areas must conform to applicable critical area regulations, and the city may require enhancements to improve their functions, values, erosion control, landslide mitigation, or other specified purposes. In accordance with recommendations from the arborist report and City requirements, it is proposed as a condition of approval that the applicant preserve habitat snags from each tree stump. The remaining trees will be retained as large woody debris within the wetland critical area and/or its associated buffer. No additional vegetation removal is proposed. To ensure the wetland and it’s buffer do not suffer a net loss of habitat function due to the removal of the high risk trees, staff recommends as a condition of approval the applicant replant three (3) large native trees species suited for wet soils such as but not limited to Western Red Cedar, unless otherwise determined by the Current Planning Project Manager, for a total of six (6) tree credits on the subject property in an area that will not conflict utilities or other improvements as the trees mature. The replacement trees shall be planted and inspected by City staff no later than October 30, 2024, unless otherwise determined by the Current Planning Project Manager. DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC City of Renton Department of Community & Economic Development Orchards HOA RVMP Routine Vegetation Management Permit LUA24-000025, RVMP AND CAE Permit Date: February 15, 2024 Page 5 of 6 D_RVMP_Orchards HOA_240215_FIN 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 Comments: No additional vegetation besides the 12 trees are proposed for removal. Stumps will be retained as habitat snags with the remainder of the trees being retained as large woody debris in the critical area and/or its associated buffer. See Critical Area Exemption Criteria iii for additional information. 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 Comments: Not applicable. A hazardous material, activity and/or facility is not a part of the project. DECISION: The Orchards Master HOA RVMP CAE, LUA24-000025, RVMP and CAE are Approved with Conditions* and subject to the following conditions: *CONDITIONS OF APPROVAL: 1.The applicant shall retain habitat snags from each tree stump with the remainder of the tree being retained as large woody debris in the wetland critical area and/or its associated buffer. 2.The applicant shall replant three (3) large native trees species, species suited for wet soils such as but not limited to Western Red Cedar, unless otherwise determined by the Current Planning Project Manager, for a total of six (6) tree credits on the subject property in an area that will not conflict utilities or other improvements as the trees mature. 3.The replacement trees shall be planted and inspected by City staff no later than October 30, 2024, unless otherwise determined by the Current Planning Project Manager. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Matthew Herrera, 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 DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC 2/15/2024 | 3:30 PM PST City of Renton Department of Community & Economic Development Orchards HOA RVMP Routine Vegetation Management Permit LUA24-000025, RVMP AND CAE Permit Date: February 15, 2024 Page 6 of 6 D_RVMP_Orchards HOA_240215_FIN 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 February 29, 2024. 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: Attachment 1: Master Application Attachment 2: Arborist Report Attachment 3: Project Narrative Attachment 4: TRAQ Forms cc: None DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC DocuSign Envelope ID: 48ABC97E-FBD9-4FFB-845C-FE8DB9172ADC