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Home My WebLink AboutD_Weston Heights CAEDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Weston Heights CAE PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: May 26, 2021 PROJECT NUMBER: LUA21-000176, CAE PROJECT NAME: Weston Heights Tree Removal PROJECT MANAGER: Jill Ding, Senior Planner APPLICANT/CONTACT: Judy Severns, J and M Management Company 17404 Meridian E, Ste F - PMB 171, Puyallup, WA 98375 OWNER: Weston Heights HOA 5702 NE 7th Ct, Renton, WA 98059 PROJECT LOCATION: Native Growth Protection Area (Tract B) within the Weston Heights Plat (parcel no. 980820TR-B) PROJECT DESCRIPTION: The applicant is requesting a Critical Areas Exemption for the removal of 7 trees that have been identified as dead or dangerous within the Native Growth Protection Area (NGPA) within Tract B of the Weston Heights Plat. An Arborist Report, prepared by Terrance J Flatley, dated February 17, 2021 was submitted with the proposed application. According to the submitted report, of the 7 trees proposed for removal, 6 are Red alders and one is a Siberia Willow. Four of the trees are dead, one is in poor condition and two are in very poor condition. All trees are very close to adjacent fences, yards, houses and structures, having a high probability of failing and striking these objects or injuring people. The City’s Arborist reviewed the submitted report and concurred that trees requested for removal are indeed dead or dangerous and that the trees should removed, provided they are cut to approximately 20-foot tall wildlife snags and all tree debris is left on site. In addition, site disturbance shall be limited to the minimum necessary to remove the dangerous trees. CRITICAL AREA: Wetland and assoicated buffer EXEMPTION JUSTIFICATION: RMC 4-3-050C.3.c.iii: Removal of Dangerous Trees: 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. DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Weston Heights Tree Removal LUA21-000176, CAE Permit Date: May 26, 2021 Page 2 of 4 D_Weston Heights CAE 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* and subject to the following conditions: *CONDITIONS OF APPROVAL: 1. The trees approved for removal shall be cut to approximately 20-foot tall wildlife snags and all tree debris shall be left on site within the NGPA tract (Tract B). Site disturbance shall be limited to the minimum necessary to remove the dangerous trees. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Vanessa Dolbee, 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 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. DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 5/26/2021 | 11:30 AM PDT City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Weston Heights Tree Removal LUA21-000176, CAE Permit Date: May 26, 2021 Page 3 of 4 D_Weston Heights CAE APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on June 9, 2021. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. 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. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. EXPIRATION: Five (5) years from the date of decision (date signed). Attachments: Arborist Report cc: Weston Height HOA/owner DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Weston Heights Tree Removal LUA21-000176, CAE Permit Date: May 26, 2021 Page 4 of 4 D_Weston Heights CAE DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Attention: Jamie Leinbach J and M Management 17404 Meridian E Ste F - PMB 171 Puyallup WA 98375 jamie@JandMManagement.com 253-848-1947 x 127 Date: 2/17/21 Project Title: Weston Heights HOA Project Description: Arborist Report, Tract B Invoice Number: 001 Terms: Upon receipt of report Thank you for your business. Please see the attached report. Sincerely, Terry Flatley Description Quantity Unit Price Cost Arborist Report - 7 trees 1 $400.00 $400.00 Subtotal $400.00 $0.00 Total $400.00 1 INVOICE 425-891-2625 tjﬂyﬁshing@me.com 16315 SE 165 Street Renton, WA 98058 TERRENCE J FLATLEY, CERTIFIED ARBORIST DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 FEBRUARY 17, 2021 ARBORIST REPORT WESTON HEIGHTS HOMEOWNERS ASSOCIATION Prepared by Terrence J. Flatley Forester Certified Arborist/Municipal Specialist #7272 AM DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Arborist Report Weston Heights Homeowners Association Critical Area Wetland Buffer Tree Removal February, 2021 Purpose City of Renton regulations requests property owners to submit an arborist report to perform tree removal within designated critical areas and obtain a permit referred as, “CRITICAL AREAS EXEMPTION.” The report includes information about trees so that City Planning staff can determine if tree removal falls within exemption guidelines in order to issue a permit. This report for the Weston Heights Homeowners Association (HOA), provides information for trees the HOA is concerned with that might impact the homes surrounding a wetland area. The report contains the information that the HOA can use in ﬁling Critical Areas Exemption submittals. Description of the Site •General description: 12 homes comprise the subdivision which are located in the northeast area of the city limits. 9 homes can be found east of Duvall Avenue NE, on NE 7th Court. And, 4 homes are along Orcas Court NE, south of NE 7th Place. A wetland area, identiﬁed as Tract B, is in the middle of the subdivision and drains to the south into the Ellis Park HOA wetland. In addition, Tract A is a common area (public water and storm drainage easement) along Duvall and Tract C is a stormwater facility at the end of Orcas Court. Tract D is part of NE 7th Court serving as a public easement for access and water utility. •Legal Description: SW Quarter Section, Section 11, Township 23 N, Range 5 N, City of Renton, King County, Washington •Trees: The trees of concern are all located within Tract B. They are all red alder tree species (Alines rubra) except a Siberian willow clump, all native to the area. The trees were tagged with bright pink ﬂagging and numbered according to the inventory table below. Diameter at Breast Height (DBH) was measured at 54 inches above ground level. Each tree’s approximate location is shown on the subdivision map attached. Table one provides the inventory of trees. Photographs of trees and descriptions are included below. Tract B Tract B is approximately 1.64 acres (71,345.70 sq.ft.) in size. It contains a sparse population of trees and shrubs dominated by Himalayan blackberry (Rubus armeniacus). The main overstory species is red alder with nearly every tree in very poor to dead condition. All the trees of concern can be found along the perimeter of the wetland designated area. The area along the wetland designation is known as the wetland buffer. The wetland buffer extends from the parcel boundaries for a distance of 50 feet towards the wetland. Trees of Concern Live, healthy trees do not represent a signiﬁcant risk of failure under normal weather conditions. Such trees are considered to be in excellent, very good or good condition. On the other hand, trees that are dead, contain large pockets of decay, and have severe lean can be considered in poor or very poor condition. A large gradation exists between very poor and excellent conditions of trees. Typically, trees are evaluated according to some risk and how they might affect property or people according to their risk rating. For example, trees in the open represent a low risk because if they fail there is no speciﬁc targets for them to strike, damage or hurt people. Trees along a busy street can represent a higher risk due to the presence of people, vehicles and structures. Weston HOA Arborist Report of 1 13 DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 The trees in this report are found in the wetland buffer adjacent to developed properties which contain fences, houses, other structures and, the intermittent presence of people. Four trees are dead and within 10 feet of property boundaries. Three trees are in poor to very poor condition. Should they fall or parts of them fail they have a very high probability of damaging property or injuring people. It is recommended the following trees be removed or reduced to a safe height immediately due to their high risk of damage to property and injury to people. Summary The 7 trees examined were either completely dead, dying and contained extensive decay and hollows. The dead trees have been dead for approximately ﬁve years as evidenced by the sloughing, brittle bark. Fungal bodies were observed on several trunks, an indication of internal decay. They have lost some of their branches; several older trunks had fallen onto the wetland delineation fence at three locations, pointing to increased risk of failure in the standing trees. One resident indicated that branches from one or more trees landed in his backyard. All trees are very close to adjacent fences, yards, houses and structures, having a high probability of failing and striking these objects or injuring people. Based upon the high likelihood of the trees falling/failing and striking and damaging structures or injuring residents it is recommended the trees be removed immediately. The following pages provide site photographs of each tree as well as three maps to assist locating the property at the: •Regional level •Neighborhood level •Subdivision level - trees are shown as 1 through 7 corresponding with Table 1 and site photographs. Table 1. High Risk Tree Inventory Tree Number Species DBH Condition Targets Comments Adjacent Address 1 Red alder 9”Dead Fence, yard, house, people <10’ to fence Tract C 2 Red alder 13”Dead Fence, yard, house, people <10’ to fence 679 Orcas 3 Red alder 14”Dead Fence, yard, house, people <10’ to fence 679 Orcas 4 Red alder 10”Poor Fence, yard, people <10’ to fence 683 Orcas 5 Red alder 16”Dead Fence, yard, people <40’ to fence 689 Orcas 6 Red alder 16”Very poor Fence, yard, house, people <10’ to fence 5734 NE 7 Ct. 7 Siberian willow 11”Very poor Fence, yard, house, people <10’ to fence Average of 4 stems 5734 NE 7 Ct. Weston HOA Arborist Report of 2 13 DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Tree Photographs Tree Number 1 (west of Tract C) Weston HOA Arborist Report of 3 13 Tree #1 9” DBH Red alder Dead <10’ to fence DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Tree Number 2 (west of 679 Orcas Court NE) Weston HOA Arborist Report of 4 13 Tree #2 13” DBH Red alder Dead <10’ to fence DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Tree Number 3 (west of 679 Orcas Court NE) Weston HOA Arborist Report of 5 13 Tree #3 14” DBH Red alder Dead <10’ to fence DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Tree Number 4 (west of 683 Orcas Court NE) Weston HOA Arborist Report of 6 13 Tree #4 10” DBH Red alder 50% <10’ to fence DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Tree Number 5 (west of 689 Orcas Court NE) Weston HOA Arborist Report of 7 13 Tree #5 16” DBH Red alder Dead <40’ to fence DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Tree Number 6 (east of 5734 NE 7 Court) Weston HOA Arborist Report of 8 13 Tree #6 16” DBH Red alder 30% <10’ to fence DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Tree Number 7 (east of 5734 NE 7 Court) Weston HOA Arborist Report of 9 13 Tree #7 11” DBH (10’, 14”, 10”, 9”) Willow 30% <10’ to fence DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Weston HOA Arborist Report of 10 13 36,112 3,009 City of Renton Weston Heights HOA This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Regional View 2/15/2021 Legend 2,04601,023 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 2,046 WGS_1984_Web_Mercator_Auxiliary_Sphere City of Renton Flatley Forestry City and County Labels City and County Boundary Streets Parks Waterbodies Designated Neighborhoods 2019.sid Red: Band_1 Green: Band_2 Blue: Band_3 Map DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Weston HOA Arborist Report of 11 13 9,028 752 City of Renton Weston Heights HOA This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Neighborhood View 2/15/2021 Legend 5120256 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 512 WGS_1984_Web_Mercator_Auxiliary_Sphere City of Renton Flatley Forestry City and County Labels City and County Boundary Parcels Streets Parks Waterbodies 2019.sid Red: Band_1 Green: Band_2 Blue: Band_3 Map DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Weston HOA Arborist Report of 12 13 2,257 188 City of Renton Weston Heights HOA This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Subdivision View 2/15/2021 Legend 128064 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet Notes 128 WGS_1984_Web_Mercator_Auxiliary_Sphere City of Renton Flatley Forestry City and County Labels City and County Boundary Addresses Parcels Section, Township, and Range Environment Designations Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential Urban Conservancy Jurisdictions Streams (Classified) <all other values> Type S Shoreline Type F Fish Type Np Non-Fish Type Ns Non-Fish Seasonal Unclassified Not Visited Wetlands Streets Points of Interest Parks Waterbodies 2019.sid 2 3 4 5 6 7 1 DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58 Other Trees Trees beyond the scope of this report include: •Two red alders with broken tops along a public access trail easement of the Windwood Division 3 subdivision and along the north side of 683 Orcas Court NE. Contact the Windwood HOA to remove the hanging dead tops. •17 street trees along Duvall Avenue NE and on NE 7th Court. Within a year, these trees should receive corrective pruning. Corrective pruning removes branches that will become a problem if left to grow larger. Do not top trees. A Certiﬁed Arborist should perform the work during winter months. Street tree pruning is regulated by the City; contact them for a free permit. •21 trees on both sides of Orcas Court should have tree stakes and wire removed. These should be prune in a similar manner and at the time the street trees mentioned above. •7 trees in Tract A common area should also be pruned in conjunction with other corrective work mentioned above. This Arborist Report was prepared by Terry Flatley, Forester and Certiﬁed Arborist/Municipal Specialist, International Society of Arboriculture PN7272 AM, at the request of Jamie Leinbach, Account Manager, J and M Management Company. Information in this report was gathered during February of 2021 and is valid for twelve months. For further information please contact Terry at tjﬂyﬁshing@me.com or 425-891-2625. Weston HOA Arborist Report of 13 13 DocuSign Envelope ID: 92DA8EB9-2747-42FC-A561-2549402C4E58