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HomeMy WebLinkAboutD_RVMPLUA22-000270_v3DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_RMVPLUA22-000270_v3 PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT AND CERTIFICATE OF EXEMPTION FROM CRITICAL AREA REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: August 12, 2022 PROJECT NUMBER: LUA22-000270, RVMP, CAE PROJECT NAME: 1009 N 41st Pl Tree Removal PROJECT MANAGER: Andrew Van Gordon, Associate Planner APPLICANT: Margaret and Frank Hansen 1009 N 41st Pl, Renton, WA 98056 OWNER: Margaret and Frank Hansen 1009 N 41st Pl, Renton WA 98056 CONTACT: Margaret and Frank Hansen 1009 N 41st Pl, Renton, WA 98056 PROJECT LOCATION: 1009 N 41st Pl, Renton, WA 98056 (APN 0518500540) PROJECT DESCRIPTION: The applicant is requesting approval of a Routine Vegetation Management Permit (RVMP) and Critical Area Exemption to allow for the removal of one (1) Red Sunset Maple. A Routing Vegetation Management Permit is required for the removal of any trees within shoreline jurisdiction if the removal is not included in another land use permitting process. The property is approximately 3,685 square feet (.08 acre) in size. The property is located within the Residential 10 (R-10) zone. The applicant proposes to remove one (1) Red Sunset Maple. The tree is in the northern portion of the property in the front yard. Per the Arborist Report (Attachment 1), the tree is within two feet (2’) of underground utilities and is lifting the front walkway with its root system. The arborist report states that if the tree is retained, it will cause further damage to the sidewalk and/or cause disruption to the utilities. CRITICAL AREA: Seismic Hazard Area: High; Regulated Shoreline: Shoreline Residential DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE Permit Date: August 12, 2022 Page 2 of 6 D_RMVPLUA22-000270_v3 EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C3ciii 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. ROUTINE VEGETATION MANAGEMENT REVIEW CRITERIA 4-9-195D4: 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: The minimum tree density requirement is two (2) significant trees for every 5,000 square feet. The property is approximately 3,685 square feet. One (1) significant tree is required to meet minimum tree density on the property (3,685 sq. ft. / 5,000 sq. ft. = 0.73 x 2 = 1.46 rounded down to 1). The removed tree would need to be replaced to maintain minimum tree density. As a recommended condition of approval, the removed Red Sunset Maple would be replaced. A replacement tree shall be required in the rear of the property. The applicant shall choose from “Native Flame” Hornbeam, “Sugar Cone” Maple, “Apollo” Maple or “Starlight” Dogwood. The replacement tree shall have at least a two-inch (2”) caliper. The lot complies with minimum tree density requirements pursuant to RMC 4-4- 130, Tree Retention and Land Clearing Regulations. 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 COR Maps, the tree proposed to be removed is within a Seismic Hazard Area: High classification and a Regulated Shoreline: Shoreline Residential classification. Areas within a High classification for Seismic Hazard Areas are considered geologically-hazardous critical areas. Removal of dangerous trees is an exempt activity within critical areas and associated buffers. A written report was provided by a certified arborist identifying the Red Sunset Maple as disruptive to underground utilities. The tree is planted two feet (2’) from an underground pad- mount transformer. A warning from Puget Sound Energy on the exterior of the transformer identifies a 12-foot (12’) setback from the front and a three-foot (3’) setback from the sides of the vault. Obstructions would impede safety and cause delays when restoring electrical service. The Red Sunset Maple thereby meets the definition of a dangerous tree. DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE Permit Date: August 12, 2022 Page 3 of 6 D_RMVPLUA22-000270_v3 Shoreline regulations apply to all use and development activities within the shoreline. The vegetation conservation buffer for non-single family residential uses within the Shoreline Single Family designation is 100 feet. The tree is approximately 40 feet beyond the boundary of the buffer. Removal of a tree does not meet the definition of development within shorelines. Removal of the Red Sunset Maple does not meet the applicability of development and therefore shoreline regulations do not apply. A Routing Vegetation Management Permit is required for the removal of any trees within shoreline jurisdiction if the removal is not included in another land use permitting process. See Critical Area Exemption Findings below for additional exemption information. Removal of the tree is consistent with restrictions for critical areas, pursuant to 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 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: Not applicable. A landmark tree is a tree with a caliper over 30 inches. The Red Sunset Maple tree proposed for removal does not have a caliper over 30 inches and therefore does not meet the definition of a landmark tree. YES 4. Street frontage and parking lot trees and landscaping shall be preserved unless otherwise approved by the Administrator. Staff Comments: The tree is located along the street frontage. Its placement is a hazard to existing utilities and infrastructure. Removal of the tree is approved with a recommended condition of approval that a replacement tree be installed in a more appropriate location at the rear of the property. See Criteria 1 for more information. Removal of the tree complies with this standard as removal has been approved by the Administrator. YES 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: A tree on the lot was required as part of the Barbee Mill subdivision approval. The existing tree will be removed and replaced on-site in a different location. DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE Permit Date: August 12, 2022 Page 4 of 6 D_RMVPLUA22-000270_v3 Removal of the tree complies with the requirements as a recommended condition of approval that a replacement tree be installed in a more appropriate location at the rear of the property is included in the decision. See Criteria 1 for more information. 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: Not applicable. The tree is adjacent to a lot with a dwelling of an attached residence. This is a residential use of equal 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: The RVMP is being requested due to the necessity to remove one (1) dangerous tree. The Arborist Report did not indicate that the removal of the tree would create or contribute to a hazardous condition, but instead indicated that it could cause greater damage in the future if retained. CRITICAL AREA 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 Comment: 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 will act as written permission to allow the removal of the Red Sunset Maple located on 1009 N 41st Pl. ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comment: According to the arborist report, it is recommended that the tree be removed to prevent further damage to the sidewalk and/or cause disruption to utilities. iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comment: According to the arborist report, the tree is within two feet (2’) of an underground pad-mount transformer. Removal will minimize impacts to the utilities and its infrastructure. Only the tree will be removed, and a replacement tree will be replanted in a different location on the property. See RVMP Criteria 1. The tree is within a landscaped area; no other vegetation is proposed for removal. 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; Staff Comment: Not applicable. Water body or buffer disturbance is not occurring. DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE Permit Date: August 12, 2022 Page 5 of 6 D_RMVPLUA22-000270_v3 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 Comment: Not applicable. A hazardous material, activity and/or facility is not a part of the project. DECISION: 1009 N 41st Pl Tree Removal, Error! Reference source not found., CAE for the removal of one (1) Red Sunset Maple tree as shown in the arborist report (Attachment 1) is Approved with Conditions* and subject to the following conditions: *CONDITIONS OF APPROVAL: 1. The applicant shall plant a replacement tree in the rear of the property. The applicant shall choose from “Native Flame” Hornbeam, “Sugar Cone” Maple, “Apollo” Maple or “Starlight” Dogwood or other suitable species as determined by the Current Planning Project Manager. The replacement tree shall have at least a two-inch (2”) caliper and shall be planted within 30-days from the removal of the Red Sunset Maple unless otherwise determined by the Current Planning Project Manager. 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 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 August 26, 2022.. 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 the ongoing state of emergency enacted by Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC 8/12/2022 | 12:58 PM PDT City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE Permit Date: August 12, 2022 Page 6 of 6 D_RMVPLUA22-000270_v3 date if your appeal is submitted electronically. 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 (1) year from the date of decision. An extension may be granted by the Planning Division for a period of one (1) year upon application by the property owner or manager. Application for such an extension must be made at least 30 days in advance of the expiration of the original permit and shall include a statement of justification for the extension. The Critical Area Exemption expires two (2) years from the date of decision. Attachments: Attachment 1: Arborist Report prepared by Ryan M. Seeley, May 10, 2022 cc: DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC