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HomeMy WebLinkAboutD_Hanson_Fir_Removal_RVMP_and_CAE_240513_FinalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Hanson_Fir_Removal_RVMP_and_CAE_240513_Final PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT AND CERTIFICATE OF EXEMPTION FROM CRITICAL AREA REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: May 15, 2024 PROJECT NUMBER: LUA24-000142, RVMP and CAE PROJECT NAME: Hanson Fir Removal PROJECT MANAGER: Mariah Kerrihard, Assistant Planner APPLICANT/CONTACT: Mathew Brenan Hitman Tree LLC 11626 NE 61st St Kirkland, WA 98033 OWNER: Darrin Hanson 1605 Ferndale Ave SE Renton, WA 98058 PROJECT LOCATION: 1605 Ferndale Ave SE Renton, WA 98058 (APN 8645501091) PROJECT DESCRIPTION: The applicant is requesting a Routine Vegetation Management Permit (RVMP) and an exemption from critical areas regulations (CAE) to remove one (1) Douglas fir tree (Pseudotsuga menziesii) located at 1605 Ferndale Ave SE (APN 8645501091) within the Residential-8 (R-8) zone and within the Benson Community Planning Area. The subject property is approximately 7,920 square feet (0.18 acres). According to the arborist, the proposed tree for removal is a Douglas fir (Pseudotsuga menziesii) and has a diameter at breast height (dbh) of 26" and a height of 65 feet. According to City of Renton (COR) maps, there are sensitive slopes (>25% & <=40%) and a moderate coalmine hazard area mapped on the property. An Arborist Report, prepared by from Mathew Brenan dated April 7, 2024, was included with application (Attachment A). The report proposes the removal of a Douglas fir tree (Tree #1). The combination of factors classifies this tree as a high risk, as outlined in the ISA Tree Risk rating matrix (Attachment C). Therefore, the arborist does not believe there is any alternative method for root trenching or root excavation as acceptable alternatives. Additionally, the arborist contends that the tree's exposure to prevailing winds significantly increases the risk of the tree failing and impacting the DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF City of Renton Department of Community & Economic Development RVMP and Certificate of Exemption From Critical Areas Regulations Hanson Fir Removal LUA24-000142, RVMP and CAE Permit Date: May 15, 2024 Page 2 of 6 D_Hanson_Fir_Removal_RVMP_and_CAE_240513_Final residence. The recommendation was made by the arborist to leave the tree as a 10- foot (10’) habitat snag. The arborist assessed the tree and evaluated with guidelines established by the International Society of Arboriculture’s Tree Hazard Evaluation Form. The health assessments were performed without excavation or internal examination such as coring or drilling. CRITICAL AREAS: Sensitive slopes and a moderate coalmine hazard. EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C.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. RMC 4-3-050.C.3.c.iii EXEMPT, PROHIBITED AND NONCONFORMING ACTIVITIES: Activities taking place in critical areas and their associated buffers and listed in the "Exempt Activities – Permitted Within Critical Areas and Associated Buffers" table are exempt from the applicable provisions of Section 4-3-050, provided this letter of exemption has been issued. ROUTINE VEGETATION MANAGEMENT REVIEW CRITERIA 4-9-195D.4: 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, which covers 7,920 square feet (0.18 acres), was located on the subject property (APN 8645501091). As specified by the ISA Basic Tree Risk Assessment Form (Attachment C), the tree proposed for removal has a diameter at breast height of 26 inches. Considering the total site’s total area of approximately 0.18 net acres and applying the rate of 30 credits per acre (30 credits x 0.18 acres = 5.4 credits), there is a requirement of five (5) tree credits on the subject property, the site would comply with the tree credit requirement of the code (Attachment B). Additionally, in line with the Arborist’s recommendations, the 16 tree credits proposed for retention within the parcel exceed the minimum tree credit requirements. This compliance is subject to the removal of the one (1) high-risk Douglas fir tree, and the retention of the three (3) preserved trees on the property. DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF City of Renton Department of Community & Economic Development RVMP and Certificate of Exemption From Critical Areas Regulations Hanson Fir Removal LUA24-000142, RVMP and CAE Permit Date: May 15, 2024 Page 3 of 6 D_Hanson_Fir_Removal_RVMP_and_CAE_240513_Final 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: City of Renton (COR) maps has identified sensitive slopes and a moderate coal mine hazard onsite. A critical areas exemption certificate is a component of this decision. According to the Arborist Report (Attachment A), prepared by Mathew Brenan, ISA Certified Arborist, the Douglas fir tree has several broken branches and widow makers hung up. Furthermore, the report included evidence of raised pavers and damaged patio from the roots of the tree. The tree is compacted by several large rocks at the base of the tree, as well as a paved patio. The arborist notes that this tree is stand- alone and fully exposed to the winds due to neighbors’ trees that were removed within recent years. The provided images within the Arborist Report (Attachment A) show there is a slight curve to the tree, and the arborist states there may be a correction occurring to the tree. To mitigate the risk of the tree failing towards the existing development to the northeast, tree maintenance work is necessary. Refer to the Critical Area Exemption Findings below for additional exemption information. Maintenance of the trees aligns with the restrictions for critical areas, as outlined in RMC 4-4-130, Tree Retention and Land Clearing Regulations and RMC 4-3-050, Critical Area Regulations. 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. I. The tree is determined to be a high-risk tree; or II. The tree is causing obvious physical damage to buildings (over 200 square feet), driveways, parking lots, or utilities, and it can be demonstrated to the Administrator’s satisfaction that no reasonable alternative to tree removal exist, including tree root pruning, tree root barriers, tree cabling, or preventative maintenance, such as cleaning leaf debris, deadwood removal, or directional/clearance pruning; 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: Criterion i has been met. The applicant is requesting the removal of one (1) landmark tree— Douglas fir (Pseudotsuga menziesii). The tree has a 26-inch (26”) DBH (Attachment C). A Routine Vegetation Management Permit is mandatory for the removal of a landmark tree, not associated with a land development permit. As stated by the arborist, the 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. Mitigation options include reducing the tree to a safe height and left as an environmental habitat snag. In accordance with the arborist’s recommendation, the tree shall be left at 10-feet tall. 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. DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF City of Renton Department of Community & Economic Development RVMP and Certificate of Exemption From Critical Areas Regulations Hanson Fir Removal LUA24-000142, RVMP and CAE Permit Date: May 15, 2024 Page 4 of 6 D_Hanson_Fir_Removal_RVMP_and_CAE_240513_Final 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. 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 tree 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 would act as written permission to allow the removal of the one (1) Douglas fir tree on parcel no. 8645501091. 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 high risk tree 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. In accordance with recommendations from the Arborist Report and City requirements, it is proposed as a condition of approval that the applicant preserve a habitat snag. No additional vegetation removal is proposed. 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; DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF City of Renton Department of Community & Economic Development RVMP and Certificate of Exemption From Critical Areas Regulations Hanson Fir Removal LUA24-000142, RVMP and CAE Permit Date: May 15, 2024 Page 5 of 6 D_Hanson_Fir_Removal_RVMP_and_CAE_240513_Final Staff Comments: No additional vegetation besides the one (1) tree that is proposed for removal. Approximately 10 feet of the Douglas fir tree would be retained as a habitat snag. 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 Hanson Fir Removal RVMP and CAE, LUA24-000142, RVMP and CAE are Approved with Conditions* and subject to the following condition: *CONDITION OF APPROVAL: 1. As recommended in the Arborist Report, the applicant shall reduce the height of the one (1) Douglas fir tree within the subject property to a safe height (approximately 10-feet tall) and the tree shall be left as an environmental habitat snag as 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 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 May 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. DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF 5/15/2024 | 12:57 PM PDT City of Renton Department of Community & Economic Development RVMP and Certificate of Exemption From Critical Areas Regulations Hanson Fir Removal LUA24-000142, RVMP and CAE Permit Date: May 15, 2024 Page 6 of 6 D_Hanson_Fir_Removal_RVMP_and_CAE_240513_Final EXPIRATION: Five (5) years from the date of decision (date signed). Attachments: Attachment A: Arborist Report, prepared by Mathew Brenan dated April 7, 2024 Attachment B: Tree Retention and Tree Credit Worksheet Attachment C: ISA Basic Tree Risk Assessment Form dated April 26, 2024 DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF ATTACHMENT C RECEIVED 04/29/2024 mkerrihard PLANNING DIVISIONDocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF ATTACHMENT A PLANNING DIVISION 04/22/2024 mkerrihard RECEIVED DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF ATTACHMENT B PLANNING DIVISION 04/22/2024 mkerrihard RECEIVED DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF DocuSign Envelope ID: 828DD293-3297-42A8-BB38-9279E90D52BF