HomeMy WebLinkAboutCertificate of Exemption_Shoreline Substantial DevelopmentPLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
DATE:
PROJECT NUMBER:
PROJECT NAME:
PROJECT MANAGER:Angelea Weihs, Assistant Planner
LUA17-000700, SME
Barbee Mill Tree Removal Violation Mitigation
October 30, 2017
APPLICANT:Barbee Mill Community Organization
Patrick Donohue
4205 Williams Ave N, Attn: Patrick Donohu
Renton, WA 98057
PROJECT LOCATION:4205 WILLIAMS AVE N
PROJECT DESCRIPTION:The applicant is requesting approval of a Shoreline Exemption Permit to mitigate for 11
trees topped without a permit (Code Violation Case CODE16-000749) within shoreline
jurisdiction. Tree topping is considered to be tree removal within the City of Renton . The
City's contract arborist, Anne Thayer, inspected the property on June 2, 2017, and
confirmed (Exhibit 3) that a total of 73 caliper inches of trees were removed based on the
City’s definition of tree topping and tree removal . The tree removal occurred in a Native
Growth Protection Area (NGPA) located within Barbee Mill Plat at 4205 Williams Avenue
N (parcel number 051850TR-A). The subject property lies within Regulated Shoreline
Jurisdiction May Creek Reach-A. The applicant submitted a Biologists Report prepared
by Otak (Exhibit 1; Dated July 12, 2017) with the application, as well as a Tree
Restoration Planting Plan (Exhibit 2) to mitigate the tree and critical area violation. The
Biologists Report states that the proposed mitigation includes planting native trees and
shrubs in existing lawn-dominated areas to improve the riparian functioning along this
reach of May Creek. The Biologists Report further states that the proposed plantings will
increase tree and shrub cover in the riparian vegetation conservation buffer , which will
improve thermal regulation of stream temperatures and increase organic input into the
stream system.
The Tree Restoration Planting Plan prepared by the applicant 's landscape architect,
Thomas Luke Early, proposes 37 (2-inch caliper) replacement trees (total of 74 caliper
inch replacement) consisting of Vine Maple , Serviceberry, Shore Pine, and Cascara to
be replanted along both sides of May Creek with the NGPA tract . The proposed plantings
will occur upstream and downstream of NE 40th Place bridge in the immediate vicinity of
the tree topping. The Tree Restoration Planting Plan states that the trees will be spaced
ten feet (10') apart to allow for each tree the canopy space to reach maturity, and allow
for mowing between trees in the interim. Mowing and vegetation removal is not a
permitted activity in shoreline or critical area buffers . Staff recommend as a condition of
approval that no mowing or mechanical equipment be used to control vegetation or plant
within the shoreline buffer , and all plantings shall be done by hand. The proposed
replanting is consistent with the required tree violation replacement ratio of one-to-one
(1:1) caliper inches, per RMC 4-4-130J.4. The installation of the mitigation plantings will
resolve code case number CODE16-000749.
SEC-TWN-R:
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City of Renton Department of Community & Economic Development Certificate of Exemption from Shoreline Substantial Development
Barbee Mill Tree Removal Violation Mitigation LUA17-000700, SME
LEGAL DESCRIPTION:
(King County Assessor)
WATER BODY/REACH:May Creek Reach A
EXEMPTION JUSTIFICATION: An exemption from a Shoreline Management Substantial Development Permit is hereby
Approved with Conditions* on the proposed project in accordance with RMC 4.9.190C 'Exemption from Permit System'
and for the following reasons:
Projects to Improve Fish and Wildlife Passage or Habitat: A public or private project , the primary purpose of which is to
improve fish or wildlife habitat or fish passage, when all of the following apply:
a. The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of
the habitat or passage and appropriately designed and sited to accomplish the intended purpose.
b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to chapter 75.20
RCW.
c. The Planning Division has determined that the project is consistent with the Shoreline Master Program.
The proposed development is:
Consistent with the policies of the Shoreline Management Act .
Consistent with the guidelines of the Department of Ecology where no Master Program has been finally approved or
adopted by the Department.
Consistent with the City of Renton Shoreline Master Program.
CONDITIONS:PLN - Administrative Decision Condition
No mowing or mechanical equipment shall be used to control vegetation or plant within
the shoreline buffer . All plantings shall be done by hand.
SIGNATURE & DATE OF DECISION:
DateJennifer Henning, Planning Director
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City of Renton Department of Community & Economic Development Certificate of Exemption from Shoreline Substantial Development
Barbee Mill Tree Removal Violation Mitigation LUA17-000700, SME
RECONSIDERATION: Within 14 days of the decision date, any party of record 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.
APPEALS: The administrative land use decision will become final if not appealed in writing together with the required fee
to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on November
13, 2017 (RCW 43.21.C075(3); WAC 197-11-680). 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, Renton City Hall, 7th Floor,
(425) 430-6510.
EXPIRATION: Two (2) years from the date of decision (date signed)
Attachments:Biologists Report, Restoration Plan, and City Arborist Email
Barbee Mill Community Organization Patrick Donohue - Applicantcc:
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