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Home My WebLink AboutLUA15-000732_Report 1DEPARTMENT OF COMMU Y ---------Renton 0 AND ECONOMIC DEVELOPMENT DATE: PROJECT NUMBER: PROJECT NAME: PROJECT MANAGER: CONTACT: LOCATION: DESCRIPTION: CRITICAL AREA: PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION October 15, 2015 LUAlS-000732 Langley Ridge Tree Removal Critical Areas Exemption Angelea Weihs, Assistant Planner Mark Trepus, Langley Ridge @Mays Creek HOA 5016 NE 25TH ST Renton, WA 98059 Adjacent (west) to 5200 NE 25th ST The applicant is requesting a Critical Areas Exemption to remove 3 dead/dying trees (See Exhibit 3) in the tract just west of the single family home located at 5200 NE 25th ST, within Langley Ridge Development (See Exhibit 2). The tract is approximately 139,666 square feet and contains wetlands. The proposed tree removal will be located within the wetland buffer. Our contracted city arborist, Doug Hunter, has confirmed that the trees are dead and/or dying and are in danger of falling on the home, fencing, and/or sidewalk (See Exhibit 4). Wetland Buffer EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-0SOC.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. Page 1 of 2 City of Renton Department of Community nomic Development Langley Ridge Tree Removal Critical Areas Exemption Cec e of Exemption from Critical Areas Regulations LUAlS-000732 FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.5: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation. 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of approval oft his exemption are met. 3. Impacts will be minimized and disturbed areas will be immediately restored, if submitted plans are followed and the conditions of approval of this exemption are met. 4. Where wetland or buffer disturbance occurs during construction or other activities in accordance with this exemption, the site will be revegetated with native vegetation as required as a condition of approval for this exemption. DECISION: An exemption from the Critical Areas Regulations is hereby Approved with Conditions*. CONDITIONS: The trees shall be retained as large woody debris on site. SIGNATURE & DATE OF DECISION : October 15, 2015 Jennifer Henning, Planning Director Date The above land use decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075{3); WAC 197-11-680). APPEALS: An appeal of this administrative land use decision must be filed in writing together with the required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m., on October 29, 2015. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. 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. EXPIRATION: Five (5) years from the date of decision (date signed). Page 2 of 2 :,_:,, .· EXHIBIT 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CRITICAL AREAS EXEMPTION (FOR SEPA EXEMPT ACTIVITIES) Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 Applicant Name I Project Name Phone Number Langley Ridge @ Mays Creek Dead Tree Removal 425-228-0205 (Mark Trepus) Parcel Number N/A I Project Address Adjacent (west) to 5200 NE 25th Street Renton, WA 98059 Brief Description of Project Removal of 3 Dead/Dying trees in danger of falling on home and/or public sidewalk and street located in a non-ownership open tract of land that has bean identified as "Sensitive Area• with no visible running water and is mostly made up of random weeds/plants and trees located over 100 feet away from the area in question. We want the 3 trees to be fallen and left in place to decompose naturally. They will not be cut up and hauled away. Type of Critica I Area D Work Occurs in 0 Work Occurs in Sensitive Area -Habitation Critica I Area Buffer PURPOSE: Exempt activities provided with a letter of exemption from the Development Services Administrator may intrude into a critical area or required buffer (Subject to any conditions or requirements provided by the Administrator). APPLICABILITY OF EXEMPTIONS: The following is a general list of activities that may be exempt from the crltical areas regulations. More specific descriptions of the activities are contained in the Critical Areas Regulations. Some of the listed activities may not be exempt in certain critical areas. The Planning Division will evaluate you request according to the City of Renton Critical Areas Regulations in RMC 4-3- 0SOC. J, L, and N. I AM REQUESTING A CRITICAL AREAS EXEMPTION FOR ONE OR MORE OF THE FOLLOWING ACTIVITIES: D Conservation, Enhancement, and Related Activities: • Conservation or preservation of soil, water, vegetation, fish, and other wildlife • Enhancement activities as defined in chapter 4-11 RMC D1 • Any critical area, buffer restoration, or other mitigation activities that have been approved by the City D Research and Site Investigation: • Nondestructive education and research • Site investigative work necessary for land use application submittals such as surveys, soil logs, etc. 8 H:\(E)\Data\Fonns-TemlXcltes\SeW-Help Handouts\Plannlng\Critical Areas Exemption.doc Rev: 02/2015 [{] Agricultural, Harvesting, and Vegetation Management: • Harvesting wild foods • Existing/Ongoing agricultural activities 1 • Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazardous trees which have been certified as such by a forester, registered landscape architect, or certified arborist D Surface Water Alteration: • New surface water discharges provided the discharge meets the requirements of the Storm and Surface Water Drainage Regulations 1 2 3 • New or modified regional storm water facilities 1 2 3 • Flood hazard reduction 1 3 4 6 D Roads, Parks, Public and Private Utilities: • Relocation of Existing Utilities out of Critical Area and Buffer • Maintenance, operation, and repair of existing parks, trails, roads, facilities, and utilities 1 2 • Installation, construction, replacement, or operation of utilities, traffic control, and walkways within existing improved right-if-way or easement 1 2 • Modification of existing utilities and streets by 10% or less 1 2 5 • Management and essential tree removal for public or private utilities, roads and public parks 1 D Wetland Disturbance, Modification, and Removal: • Any activity in small Category 3 wetlands 1 2 3 4 5 • Temporary disturbances of a wetland due to construction activities that do not include permanent filling 1 2 3 5 D Maintenance and Construction for Existing Uses and Facilities: • Remodeling, replacing, or removing existing structures 1 2 • Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed 1 2 • Construction activity connected with an existing single family residence or garage, provided that no portion of the new work occurs closer to the critical area or required buffers than the existing structure and/or the developed area of the site 1 2 • Existing activities which have not been changed, expanded or altered provided they comply with the applicable requirements of chapter 4-10 RMC 1 D Emergency Activities: • Removal of trees or ground cover by a City department, agency, public, or private utility in an emergency situation • Public interest emergency use, storage, and handling of hazardous materials by governmental organizations in an Aquifer Protection Area ADDITIONAL PERMITS: Additional permits from other agencies may be required. It is the applicant's responsibility to obtain these other approvals. Information regarding these other requirements may be found at http:ljapps.ecy.wa.gov/opas/ 9 H:\CED\Did3\Forms-T emplates\Self ·Help Handouts\Planning\Crltical Areas Exemption.doc Rev,02/2015 I, the undersigned, declare und the best of my knowle r penalty of perjury under the laws of the State of Washington, that to ove information is true and complete. ~ Exemption Granted Jeriiilfer Henning, Planning Director Department of Community & Economic Development Conditions of Approval: 'Exemption does not apply in Aquifer Protection Areas 'Exemption does not apply in Flood Hazard Areas 'Exemption does not apply in Geologic Hazard Areas 4 Exemption does not apply in Habitot Conservation Areas 'Exemption does not apply in Streams and Lakes: Class 2 to 4 'Exemption does not apply in Wetlands 10 D H:\CEO\Oata\Forms-T emplates\Self-Help Handouts\Pla nni ng\Critical Areas Exemption.doc 11{; t(?otf Exemption Denied Date Rev: 02/2015 Langlau Ridge @ Mays Creek Dead Tree Rem ITEM # 8 -DIMENSIONAL MAP · I Prt '1 ' EXHIBIT 2 Proposed dead trees to be removed. Trees shall be retained as large LUA-07-059"-FP .'."UID-1;:..0434 -<:'~~:,, ..,,, ......... ···· ..... .,,. 'DtACT "JI',·. -.-s.r.+;.:.-· ..... , {aa ._O.P.L -=n,tr Olf~30f'ID) IINl'la,E :IUII.~ (aa IIU'l'I OM SBDr ll 07 10) 4'~} -- LANGLEY RIDGE AT MAY CREEK PORTION OF THE N. 1/2. N.E. 1/4, SEC. 3, Tlfl'. 23 N., RGI:. 5 E., W.Jt PORTION OF THE S. 1/2, S.E. !/4, SEC. 34, TlfP. 24 N., RGE. 5 E., W.Jt CITY OF RENTON. KING COUNTY. WASJilNGTON ,,.. .. " ":\im l!I ) ;,; LOT 17 _k ~II.I.+/-~ ~».00& Lr.+/-.( ZOR[:1I.IRIWIO.H) a ~, LEGEND/ NOTES i I I .... n,-..,._ +J-ea.mu •H f ~! _-r ..... ....... }-____ -+-1-l • ._ ...... ill I I e e Circled Numbers represent Trees ID remove o· 60' 1" -60' LEGEND • -.C'IIClll COl!NEft I .. a,lllrnR C(ING ••l'OI.N;)IIOll,IN~ @•SETWQN.11~ 120· o • FNO, l'l'tOI'. OD1t. AS N01Ul • '" SET 1/2" LR. W/CN' ,:l14M CIR TAOI: IN \.EAD --n 1 = Single Dead Tree Trunk near si,;I e wwwtlr/street. 2 = Single Dying Tree in proximity 1D the neighboring house 3 = Single Dying Tree in proximity ID the neighboring house (It is hard to tell from a distance, whether 2 and 3 are physically separate trees, or a combined tree base with two separate trees trunks) Yellow Highlighted Area is the Open Tract Labeled Sensitive Area between the two adjoining properties. A CJTTOP ~ -;, LAlfGIEY RIDGI: il Ju.T ~ f fR2 RO. WA-4ff~ f :: HANSEN SURVEYING L---ILl!ll!!!!!c!!-Wi!!tal!=l!!i:;;_....,.._,(t UIID Sl.lll1l:l'Dlt' Iii QOJIBUl,lid DRA1flf ff: RI' DAD; 1D/'211n D9 Ill= :..., / 1,420 uen ,11a. u, -. n - m., "25-IM--M<lil r.&Z .......... CHD BY: JEH 8C.wl: 1" • ., ~ 7 -~ ' EXHIBIT 3 Angelea Weihs From: Sent: To: Cc: Subject: Attachments: Hi Angelea, Douglas Hunter (Contractor) Tuesday, September 01, 2015 8:41 AM Angelea Wickstrom Terrence J. Flatley RE: Permit for Tree Removal 20150812_155101.jpg EXHIBIT 4 These are high risk trees and I recommend removal. Photo attached. The primary targets of these dead trees are people on the sidewalk, the house, and fencing. I hope that helps. Regards, Doug From: Angelea Wickstrom Sent: Tuesday, September 01, 2015 8:22 AM To: Douglas Hunter (Contractor) Subject: RE: Permit for Tree Removal Hey Doug, Did you think that these trees were dangerous when you visited the site? Thank you, Angelea Wickstrom (:;) Assistant Planner, City of Renton 425.430.7312 From: Douglas Hunter Sent: Friday, August 14, 2015 9:05 AM To: m\repus@msn.co111 Cc: Terrence J. Flatley; Angelea Wickstrom Subject: RE: Permit for Tree Removal Hi Mark, I visited the site on Wednesday 8/12/15 and verified that the (3) bigleaf maples in question are dead. You will likely need a Critical Areas Exemption. Angelea Wickstrom handles these permits and I recommend that you contact her. She will be out of the office until the middle of next week, but I have CC'd her in this email. Regards, Doug Hunter Contractor to City of Renton Urban Forestry Davey Resource Group /425) 430-6698 1 From: Mark Trepus [mailto:mtrepus@msn.com] Sent: Wednesday, August 12, 2015 2:47 PM To: Terrence J. Flatley Subject: Permit for Tree Removal Hi Terry I'm reaching out to you to see if you (or you can direct me to) are the one for obtaining a permit fortree removal. I am part of a HOA and we have 3 trees that are dead that we need to remove on our open tract land. One is completely dead and is about 10 feet from the sidewalk/street. I contacted the city about 6 weeks ago initially, and since then, one of the tree trunks crashed down onto the sidewalk and street, so it is becoming a serious hazard. The other two trees are further back from the street, but are jeopardizing a house they are next to. The land the trees are on is elevated/flat land with no water anywhere near it. The water is probably Jo mile away from best guess down a huge embankment, in the bottom of May Valley I have a tree cutter give me an estimate and confirm they are all dead/dying and should be taken down. We would simply cut the tree down and have them fall away from the street/homes and let them rest where they fall. There would be nothing else (no cutting them up, removing branches, etc..) The impact to the sensitive area, which is nearly 100% compromised of just tall grasses, small bushes, would be minimal. Please help direct me to the appropriate department. We don't want to proceed without approval from the City as we are required to get it because they are on sensitive area, but the delays we are seeming to experience in trying to get the City to respond is putting people and property in jeopardy. Thank you Mark Trepus Sec/Treas Langley Creek at Mays Ridge HOA Home Phone: 425-228-0205. 2 DEPARTMENT OF COMMUN AND ECONOMIC DEVELOPMENT --------Renton 0 DATE: PROJECT NUMBER: PROJECT NAME: PROJECT MANAGER: CONTACT: LOCATION: DESCRIPTION: PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION October 15, 2015 LUA15-000732 Langley Ridge Tree Removal Critical Areas Exemption Ange\ea Weihs, Assistant Planner Mark Trepus, Langley Ridge @Mays Creek HOA 5016 NE 25TH ST Renton, WA 98059 ·,-\,\ Tract adjacent (west) to 5200 NE 25t 'yr. DATE Jennifer T. Henning Vanessa Dolbee Sabrina Mirante The applicant is requesting a Critical Areas Exemption to remove 3 dead/dying trees (See Exhibit 3) in the tract just west of the single family home located at 5200 NE 25th ST, within Langley Ridge Development (See Exhibit 2). The tract is approximately 139,666 square feet and contains wetlands. The proposed tree removal will be located within the wetland buffer. Our contracted city arborist, Doug Hunter, has confirmed that the trees are dead and/or dying and are in danger of falling on the home, fencing, and/or sidewalk (See Exhibit 4) . . . Q CRITICAL AREA: Wetland Buffer _<,i:R \-t,c-WC'-\,l ~,,', ?"J " ,-c,::.:1., \' EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C.3.c.iii. Dangerou~ Trees \-r~0)clv,.,Q ~~;';' b.·,\y,t(,-, -~,:-' FINDINGS: The proposed development is consistent with the following findings pursuant to\1) · RMC section 4-3-050C.5: 1. • .\GU ;'\) ' 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation . -'\"(;,':, 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of approval of this exemption are met. 3. Impacts will be minimized and disturbed areas will be immediately restored, if submitted plans are followed and the conditions of approval of this exemption are met. 4. Where wetland or buffer disturbance occurs during construction or other activities in accordance with this exemption, the site will be revegetated with native vegetation as required as a condition of approval for this exemption. Page 1 of 2