HomeMy WebLinkAboutD_Liberty_Gardens_Critical_Areas_Exemption_191210DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM CRITICAL AREAS REGULATIONS
EVALUATION FORM & DECISION
DATE:
PROJECT NUMBER:
PROJECT NAME:
PROJECT MANAGER:
December 10, 2019
LUA19-000302
Liberty Gardens Critical Areas Exemption
Brittany Gillia, Assistant Planner
APPLICANT: Regina Jovic, Blue Mountain Community Management
15301 NE 90th St #170
Redmond, WA 98052
LOCATION: 163rd Ave SE and SE 141st St. (Parcel south of 14027 163rd Ave SE)
DESCRIPTION: The applicant is requesting approval of a Critical Areas Exemption in order to reduce the
height of (4) trees located on the northern edge of parcel number 4304800000. The lot is
zoned Resedential-4 (R-4) and is located in Tract D, a Native Growth Protection Easement,
of the Liberty Gardens Plat. There is a Category 2 wetland and a Class 4 stream present in
the 47,958 square-foot parcel. An arborist report has been submitted by Jeff Ingmire,
Certified Arborist PN 7640, stating that 3 of these trees are Alders and are completely dead,
and the 4th tree is a Cottonwood that has a dead top. The report recommends that the Alder
trees shall be reduced to 15-foot tall Habitat Stumps and that the Cottonwood should be
reduced down to live growth to support Critical Area environmental functions. The limbs
removed from the trees have been recommended by Jeff to be left within the Critical Area to
avoid disturbance of any wildlife and habitat. The request to remove the (4) trees comes as a
result of the applicant wanting to protect private residences from damage caused by the
trees breaking off due to decaying and dead tree tops. The report states that the broken
trees are damaging the fence located in the Southwestern portion of an adjacent property
(14027 163rd Ave SE) and nearly missing the cars parked in the driveway. Staff has
determined that sufficient evidence has been provided to demonstrate that the trees are
hazardous, therefore justifying their reduction.
CRITICAL AREA: Category 2 Wetland, Class 4 Stream
EXEMPTION JUSTIFICATION: The trees proposed for removal or trimming are eligible for exemption from critical areas and
buffers as listed in RMC4-3-050.C.3.c.iii: Agricultural Harvesting, Vegetation Management:
Dangerous Trees. The applicant's proposal is consistent with the recommendations outlined
in the Arborist Report written by Jeff Ingmire, dated November 25th, 2019 (See Exhibit 2).
Page 1 of 3
DocuSign Envelope ID: 0A65E709-7FEA-4D25-8B20-3A2FEA5AE4CE
City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Regulations
Liberty Gardens Critical Areas Exemption LUA19-000302
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;
ii. The activity will be conducted using best management practices as specified by industry
standards or applicable Federal agencies or scientific principles;
iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored;
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;
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.
DECISION: An exemption from the Critical Areas Regulations is hereby Approved with Conditions*.
CONDITIONS: Planning General Conditions
1. The applicant shall follow arborist recommendations listed in the attached Arborist
Report (Exhibit 2) that state: Alder trees shall be trimmed into safe Habitat Stumps of
approximately 15 feet in height and the Cottonwood shall be reduced to live growth. The
trees shall be retained as large woody debris for natural habitat.
SIGNATURE & DATE OF DECISION:
Date Jennifer Henning, Planning Director
December 10, 2019
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).
Page 2 of 3
DocuSign Envelope ID: 0A65E709-7FEA-4D25-8B20-3A2FEA5AE4CE
City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Regulations
Liberty Gardens Critical Areas Exemption LUA19-000302
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 December 17, 2019. 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 3 of 3
DocuSign Envelope ID: 0A65E709-7FEA-4D25-8B20-3A2FEA5AE4CE
EXHIBIT 2
DocuSign Envelope ID: 0A65E709-7FEA-4D25-8B20-3A2FEA5AE4CE