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HomeMy WebLinkAboutD_RVMPLUA22-000347_v2DEPARTMENT 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: October 18, 2022 PROJECT NUMBER: LUA22-000347, RVMP, CAE PROJECT NAME: Camps Tree Removal PROJECT MANAGER: Andrew Van Gordon, Associate Planner APPLICANT: Le Camps 5616 NE 1st Pl, Renton, WA 98059 OWNER: Parklane Court Plat, Tract B: Stormwater Tract CONTACT: Paul Phillips 5616 NE 1st Pl, Renton, WA 98059 PROJECT LOCATION: Parcel 666450TR-B – Tract abuts applicant along east property line PROJECT DESCRIPTION: The applicant is requesting approval of a Routine Vegetation Management Permit (RVMP) and Critical Area Exemption to allow for the removal of two (2) Western Hemlocks. A Routing Vegetation Management Permit is required for the removal of landmark trees. A critical area exemption is required for removal of high-risk trees within critical areas and their associated buffers. The property is approximately 18,787 square feet (0.43 acre) in size. The property is located within the Residential 4 (R-4) zone. The applicant proposes to remove two (2) Western Hemlocks. The trees are in the southwest portion of Tract B, a stormwater tract of Parklane Court Plat. Per the Arborist Report (Attachment 1), Tree 1 (30.2” caliper) is dead, and Tree 2 (20” caliper) is half-dead. The trees are approximately nine inches (9”) away from each other, and it is likely that the decay from Tree 1 has spread to Tree 2. The arborist recommends that both trees be reduced to 15-foot (15’) habitat snags. DocuSign Envelope ID: 2D5630A2-B92A-4D7D-860A-4D9C88FF29A9 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Camps Tree Removal Error! Reference source not found., CAE Permit Date: October 18, 2022 Page 2 of 5 CRITICAL AREA: Within 200 feet of mapped wetlands located on Tract A: Wetland Tract of Parklane Court Plat 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: Not applicable. The trees being removed are on a stormwater tract for Parklane Court Plat. Tree density requirements do not apply. 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 trees proposed to be removed are approximately 35 feet from a wetland on the abutting wetland tract for Parklane Court Plat (parcel 666450TR-A). Removal of high-risk trees is an exempt activity within critical area associated buffers. A written report was provided by a certified arborist identifying the two (2) Western Hemlocks as high-risk trees. A high-risk tree is any tree that has been certified in a written arborist report, prepared by an arborist with an ISA Tree Risk Assessment Qualifications (TRAQ), as possessing the following the ISA Tree Risk Assessment characterizations: 1. The tree has a probable or imminent likelihood of failure; and 2. The tree has a medium or high likelihood of impact; and 3. The consequences of failure for the tree are significant or severe. Per the Arborist Report, prepared by Daniel Maple, an ISA TRAQ certified arborist, Tree 1 and Tree 2 have a probable chance of failure, high chance of impact and a significant consequence of failure related to the home, vehicles and pedestrians on 5616 NE 1st Pl. The trees proposed for removal meet the definition of a high- risk tree and are dangerous. See Critical Area Exemption findings below for additional exemption information. Removal of the trees is consistent with restrictions for critical areas, pursuant to LUA22-000347, RVMP, CAE DocuSign Envelope ID: 2D5630A2-B92A-4D7D-860A-4D9C88FF29A9 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Camps Tree Removal Error! Reference source not found., CAE Permit Date: October 18, 2022 Page 3 of 5 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: A landmark tree is defined as a tree with a caliper of 24 inches (24”) or greater, except for big leaf maples, black cottonwoods and red alder trees which qualify as landmark trees with a caliper of 30 inches (30”) or greater. Tree 1 is a landmark tree. See Routine Vegetative Management Plan Review Criteria 2 for the determination Tree 1 is a high-risk tree. Tree 1 is a high-risk tree and is dangerous. Removal of the tree meets review criteria for removal 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: Not applicable. The trees proposed for removal are not street frontage, parking lot or landscaping trees. 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: Storm drainage facilities require a minimum 15-foot (15’) wide sight obscuring landscaping strip around the perimeter. Sight obscuring mature vegetation exists on-site around the perimeter of the stormwater facility. Removal of the two (2) proposed trees would not hinder screening of the facility. 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: Visual screening and buffering of the stormwater facility would be maintained after removal of the proposed trees. See Routing Vegetative Management Plan Review Criteria 5 for additional screening information. 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 LUA22-000347, RVMP, CAE DocuSign Envelope ID: 2D5630A2-B92A-4D7D-860A-4D9C88FF29A9 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Camps Tree Removal Error! Reference source not found., CAE Permit Date: October 18, 2022 Page 4 of 5 vegetation from a lot. Staff Comments: The RVMP is being requested due to the necessity to remove two (2) high-risk trees. The Arborist Report did not indicate that the removal of the trees 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 Comments: Removal of the trees are 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 two (2) Western Hemlocks on parcel 666450TR-B. ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comments: According to the arborist report, it is recommended that the trees be removed to prevent future damage. iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comments: Removal will minimize impacts to neighboring structures and residents. Only the trees will be removed. To be in line with recommendations from the arborist report and City requirements, as a recommended condition of approval the applicant will retain 15-feet (15’) tall habitat snags from each tree stump with the remainder of the trees being retained as large woody debris in the wetland critical area and/or its associated buffer. 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 Comments: No additional vegetation besides the two (2) Western Hemlock are proposed for removal. Stumps will be retained as habitat snags with the remainder of the trees being retained as large woody debris in the critical area and/or its associated buffer. See Critical Area Exemption Criteria iii for additional information. 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 LUA22-000347, RVMP, CAE DocuSign Envelope ID: 2D5630A2-B92A-4D7D-860A-4D9C88FF29A9 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Camps Tree Removal Error! Reference source not found., CAE Permit Date: October 18, 2022 Page 5 of 6 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 Comments: Not applicable. A hazardous material, activity and/or facility is not a part of the project. DECISION: Camps Tree Removal, LUA22-000347, RVMP, CAE for the removal of two (2) Western Hemlock trees 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 retain 15-feet (15’) tall habitat snags from each tree stump with the remainder of the tree being retained as large woody debris in the wetland critical area and/or its associated buffer 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 November 1, 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 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. LUA22-000347, RVMP, CAE DocuSign Envelope ID: 2D5630A2-B92A-4D7D-860A-4D9C88FF29A9 10/18/2022 | 2:47 PM PDT City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Camps Tree Removal Error! Reference source not found., CAE Permit Date: October 18, 2022 Page 6 of 6 Attachments: Attachment 1: Arborist Report prepared by Paul Phillips, July 20, 2022 LUA22-000347, RVMP, CAE DocuSign Envelope ID: 2D5630A2-B92A-4D7D-860A-4D9C88FF29A9