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HomeMy WebLinkAboutD_Schaffer_Elves_Garden_Ave_N_Tree_Removal_RVMP_240923DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Schaffer Elves Garden Ave N Tree Removal_RVMP_24091923 PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT EVALUATION FORM & DECISION DATE OF DECISION: September 23, 2024 PROJECT NUMBER: LUA24-000222, RVMP PROJECT NAME: Schaffer Elves Garden Ave N Tree Removal PROJECT MANAGER: Mariah Kerrihard, Assistant Planner CONTACT/OWNER: Melissa Schaffer and Ryen Elves 207 Garden Ave N, Renton WA 98057 PROJECT LOCATION: 207 Garden Ave N Renton, WA 98057 (APN 7564600270) PROJECT DESCRIPTION: The applicant is requesting a Routine Vegetation Management Permit (RVMP) to remove two (2) trees. Tree #1 is a White Poplar. Tree #2 is a Lombardy Poplar. The trees are located at 207 Garden Ave N (APN 7564600270). The subject property is approximately 5,750 square feet (0.13 acres) in area and is situated within the Residential-8 (R-8) zone and within the City Center Community Planning Area. An Arborist Report, prepared by Bryce Landrud from Thundering Oak Enterprises, dated May 9, 2024 (Attachment A) was submitted with the application. According to the Arborist Report, the two (2) proposed trees for removal range from twenty-eight inches (28") in diameter at breast height (dbh) to thirty-four inches (34") with heights of 125 to 135 feet (Attachment C). Arborist Report details the risks associated with the two (2) high-risk poplar trees on the property. Both trees are within three feet (3’) of the fence and within thirteen feet (13’) of the primary dwelling and the neighbor’s dwelling. The arborist states that the trees pose a hazard due to their size and proximity to structures and roadways and that the tendency of poplar trees to shed large branches is unpredictable. The report recommends the removal of both poplar trees to mitigate the potential risks. CRITICAL AREA: High Seismic Hazard Area and Downtown Wellhead Protection Area Zone 1 GENERAL 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 Renton Municipal Code (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 5,750 square feet (0.13 acres), was located on the subject property (APN 7564600270). As specified by the Arborist Report (Attachment A), Bryce Landrud was able to evaluate and assess two (2) trees at 207 Garden Ave N. Tree #1 is 28 inches (28”) in diameter at breast height (dbh) with a height of 125 feet (125’). Tree #2 has a DBH of 34 inches (34”) and a height of 135 feet (135’). Considering the site’s total area of Docusign Envelope ID: D4E90C05-A0E0-4ED5-9329-4CC3E3C8713A City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Schaffer Elves Garden Ave N Tree Removal LUA24-000222, RVMP Permit Date: September 23, 2024 Page 2 of 4 D_Schaffer Elves Garden Ave N Tree Removal_RVMP_24091923 approximately 0.13 acres and applying the rate of 30 tree credits per acre (30 credits x 0.13 acres = 3.9 credits), there is a requirement of four (4) tree credits on the subject property. According to the Arborist Report and Tree Retention and Tree Credit Worksheet, the site would comply with the tree credit requirement of the code (Attachment B). The retention of the Douglas fir (Pseudotsuga menziesii) tree in the northwest corner of the property would maintain 10 tree credits within the parcel, exceeding the four (4) minimum tree credit requirement. This compliance is subject to the removal of the two (2) trees, the replanting of the two (2) trees and the retention of the remaining 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: Per City of Renton (COR) Maps, the trees proposed for removal are within a high seismic hazard area and the Downtown Wellhead Protection Area Zone 1. It is not anticipated that the proposed tree removal would have any impact on seismic hazards. In addition, the tree removal activity is not anticipated to require completion of a fill source statement by a certified professional engineer or geologist licensed in the State of Washington as no fill was proposed. A fill source statement would be required in Zone 1 of the Aquifer Protection Area if more than 50 cubic yards of fill is imported to a project site. 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 dangerous; or ii. The tree is causing obvious physical damage to structures including but not limited to building foundations, driveways or parking 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: According to RMC 4-4-130F.2.d, a landmark tree may be removed if the tree is determined to be a dangerous tree or if the tree is causing obvious physical damage to a structure and no reasonable alternative to tree removal exists. According to the arborist, trees in the Populus family are notorious for shedding large limbs and tops at all times of the year. As stated in the Arborist Report, the limbs of the white poplar extend 25 feet (25’) over the neighbor’s house, making reduction or “safety” pruning impractical and the removal would reduce the numerous risks they present throughout the year. In addition, the arborist contends that the problems that exist today would only worsen as the Populus trees get larger, taller, and wider and that the trees must be removed to reduce the numerous risks they present throughout the year. 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 is not a part of street frontage, parking lot or landscaping trees. Docusign Envelope ID: D4E90C05-A0E0-4ED5-9329-4CC3E3C8713A City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Schaffer Elves Garden Ave N Tree Removal LUA24-000222, RVMP Permit Date: September 23, 2024 Page 3 of 4 D_Schaffer Elves Garden Ave N Tree Removal_RVMP_24091923 NO 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 existing trees were required as part of a land development permit for landscaping or tree requirements. The applicant proposes to replace the trees. The proposal does not indicate the specific size of the tree proposed for replacement, nor does it indicate when the trees will be installed. Therefore, staff recommends as a condition of approval that a minimum of two (2) replacement trees be planted within six (6) months of permit issuance, or as determined by the Current Planning Manager, and shall have a minimum caliper size of two inches (2”). The applicant shall notify the Current Planning Manager following tree replacement installation so an inspection can be completed. 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 tree 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 and replacement of the trees 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. DECISION: The Schaffer Elves Garden Ave N Tree Removal, LUA24-000222, RVMP is Approved and subject to the following conditions: *CONDITIONS OF APPROVAL: 1. A minimum of two (2) replacement trees shall be planted within six (6) months of permit issuance, or as determined by the Current Planning Project Manager, and shall have a minimum caliper size of two inches (2”). The applicant shall notify the Current Planning Project Manager following tree replacement installation so an inspection can be completed. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Matthew Herrera, Planning Director Date Docusign Envelope ID: D4E90C05-A0E0-4ED5-9329-4CC3E3C8713A 9/23/2024 | 2:03 PM PDT City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Schaffer Elves Garden Ave N Tree Removal LUA24-000222, RVMP Permit Date: September 23, 2024 Page 4 of 4 D_Schaffer Elves Garden Ave N Tree Removal_RVMP_24091923 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 October 7, 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 A: Arborist Report, prepared by Bryce Landrud, dated May 9, 2024 Attachment B: Tree Retention and Tree Credit Worksheet Attachment C: ISA Basic Tree Risk Assessment Form, dated April 3, 2024 Docusign Envelope ID: D4E90C05-A0E0-4ED5-9329-4CC3E3C8713A