HomeMy WebLinkAboutD_RVMPCAE_200Mill_FinalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_RVMPCAE_200Mill_Final
PLANNING DIVISION
ROUTINE VEGETATION MANAGEMENT PERMIT
AND CERTIFICATE OF EXEMPTION FROM
CRITICAL AREA REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION: October 31, 2022
PROJECT NUMBER: LUA22-000370, RVMP, CAE
PROJECT NAME: 200 Mill Ave S Tree Removal
PROJECT MANAGER: Andrew Van Gordon, Associate Planner
APPLICANT: City of Renton Parks and Recreation, Attn: Ian Gray
1055 S Grady Way, Renton, WA 98057
OWNER: City of Renton
1055 S Grady Way, Renton WA 98056
CONTACT: Ian Gray
1055 S Grady Way, Renton, WA 98057
PROJECT LOCATION: 200 Mill Ave S (APN 0007200050)
PROJECT DESCRIPTION: The applicant is requesting approval of a Routine Vegetation Management
Permit (RVMP) and Critical Area Exemption (CAE) to allow for the removal of
one (1) Black Cottonwood. 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 136,522 square feet (3.13 acres) in size. The property is
located within the Center Downtown (CD) zone, Urban Design District A,
Downtown Business District and City Center Sign Regulation Area. The subject
property is located in the Shoreline Master Program (SMP) Shoreline High
Intensity designation and Cedar River Reach B jurisdiction. Vegetation
management is not considered development in SMP overlays.
The applicant proposes to remove one (1) Black Cottonwood. The tree is
located within Liberty Park on the north bank of the Cedar River within the
Cedar River Waterway; it has fallen and now lies across the entirety of the
Cedar River and extend onto 200 Mill Ave S on the south bank of the Cedar
River. Per the provided documents (Attachment 1) if left in its current position
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
200 Mill Ave S Tree Removal LUA22-000370, RVMP, CAE
Permit Date: October 31, 2022 Page 2 of 6
D_RVMPCAE_200Mill_Final
the tree will become a hazard during the high-water season.
CRITICAL AREA: Flood Hazard; Floodway: FEMA Zone AE; Sensitive Slopes (>25% & <= 40%;
Seismic Hazard Area: High; Wellhead Protection Area: Downtown Zone 1
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 ha zardous 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 tree being removed is within the Cedar River
Waterway. 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 tree proposed to be removed is within a Flood
Hazard; Floodway: FEMA Zone AE; Sensitive Slopes (>25% & <= 40%; Seismic
Hazard Area: High; Regulated Shoreline: Cedar River Reaches: CR -B; Wellhead
Protection Area: Downtown Zone 1.
Removal of high-risk trees is an exempt activity within critical areas. A written
report was provided by a certified arborist identifying the Black Cottonwood as a
high-risk tree.
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 ISA Tree Risk Assessment characteristics:
1. The tree has a probably 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 (Attachment 2), authored by Ian Gray: Urban Forestry
Resource Manager, the tree has already failed as the tree has toppled and pulled
the root plate out of the riverbank. Two (2) vehicles on 200 Mill Ave S were
damaged. If the tree is not removed from its current location, it will pose a risk to
improvements during high-water season.
Shoreline regulations apply to all use and development activities within the
shoreline. The tree is located within the Shoreline High Intensity/Cedar River
Reaches B designation and is within the 100-foot (100’) vegetation conservation
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
200 Mill Ave S Tree Removal LUA22-000370, RVMP, CAE
Permit Date: October 31, 2022 Page 3 of 6
D_RVMPCAE_200Mill_Final
buffer. Removal of a tree does not meet the definition of development within
shorelines. Removal of the Black Cottonwood does not meet the applicability of
development and therefore shoreline regulations do not apply. A Routine
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: 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 .
The Black Cottonwood has a caliper of 44 inches (44”); it is a landmark tree. See
Routine Management Plan Criteria 2 for the determination the Black Cottonwood
is a high-rick tree.
The Black Cottonwood 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 tree proposed for removal is not a street
frontage, parking lot or landscaping tree.
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: The tree is located within the shoreline vegetation conservation
buffer. Native riparian vegetation is requir ed to be maintained and enhanced as
part of flood control management programs along the Cedar River B regulated
shoreline. The proposal is for the root ball to remain on the north riverbank with
the remainder of the tree placed along the south riverbank on the river side of the
parking lot located at 200 Mill Ave S. A crane placed in the parking lot 200 Mill Ave
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
200 Mill Ave S Tree Removal LUA22-000370, RVMP, CAE
Permit Date: October 31, 2022 Page 4 of 6
D_RVMPCAE_200Mill_Final
S would be used to move and place the tree as large woody debris on the southern
bank. All other riparian vegetation within the buffer will be maintained.
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: Native riparian vegetation would be maintained within the
shoreline vegetation conservation buffer after removal of the tree. See Routine
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
vegetation from a lot.
Staff Comments: The RVMP is being requested due to the necessity to remove one
(1)high-risk tree. Provided documentation 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 Black Cottonwood on 200 Mill Ave S.
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 provided documentation, it is recommended
that the tree be removed to prevent future damage to infrastructure.
iii.Impacts are minimized and, where applicable, disturbed areas are immediately
restored;
Staff Comment: Removal will minimize impacts to neighboring structures and
pedestrians. Only the Black Cottonwood would be removed. To be in line with
the recommendation from the arborist report and City Requirements, as a
recommended condition of approval the applicant, will retain the tree as large
woody debris within the critical areas and shoreline vegetation conservati on
buffer. No other vegetation is proposed for removal.
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
200 Mill Ave S Tree Removal LUA22-000370, RVMP, CAE
Permit Date: October 31, 2022 Page 5 of 6
D_RVMPCAE_200Mill_Final
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: No other vegetation besides the Black Cottonwood is proposed
for removal. The tree will be retained as large woody debris in the critical area
and shoreline vegetation conservation 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 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: 200 Mill Ave S Tree Removal, LUA22-000370, RVMP, CAE for the removal of one (1) Black
Cottonwood tree as shown in the arborist report (Attachment 2) is Approved with Conditions* and
subject to the following conditions:
*CONDITIONS OF APPROVAL:
1.The applicant shall retain the tree, or portions of the tree as determined by the Current Planning
Project Manager, as large woody debris within the critical areas and the shoreline vegetation
conservation 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 14,
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
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
10/31/2022 | 1:46 PM PDT
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
200 Mill Ave S Tree Removal LUA22-000370, RVMP, CAE
Permit Date: October 31, 2022 Page 6 of 6
D_RVMPCAE_200Mill_Final
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.
Attachments:
Attachment 1: Context Email from Ian Gray
Attachment 2: Arborist Report authored by Ian Gray
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
1
Andrew Van Gordon
From:Ian Gray
Sent:Wednesday, October 26, 2022 10:52 AM
To:Andrew Van Gordon
Subject:RE: Cedar River Cottonwood
Andrew,
I have looked at the various permit pieces you attached and I just don’t think much of it applies. Is there a short form
Critical Areas Exemption we can create/use to move this process on? I have had help from CED in the past for tree work
within the shoreline and CED seemed to be able to process exemptions for me with little delay (one was on the Cedar
River for pruning and one was in Gene Coulon for removal and planting). In my mind all we need is the shoreline
exemption since the tree was/is in a park and the river itself is more of a levee-controlled artificial sluice than a natural
river or critical area, just saying…
From: Andrew Van Gordon <AVanGordon@rentonwa.gov>
Sent: Wednesday, October 26, 2022 9:38 AM
To: Ian Gray <IGray@Rentonwa.gov>
Subject: RE: Cedar River Cottonwood
Hi Ian,
I’ve attached to this email the RVMP and CAE Submittal Requirements Checklists. I’ve marked the items that we would
need. I’ve also included a Master Application form. As a heads up the RVMP has a fee of $105.00 plus a 5% technology
fee.
It sounds like work on other trees on the bank will occur as well. If there is any stump removal of them then a
geotechnical report is going to be needed.
As a heads up, I will be out of the office from November 11 through November 25 and be back November 28. Once all
the documents have been received and fees have been paid then the written decision is issued within a week or two. If
you can get me the items needed as soon as possible I can get this started and hopefully out prior to being out.
ANDREW VAN GORDON, Associate Planner
City of Renton | CED | Planning Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
Virtual Permit Center | Online Applications and Inspections
(425) 430-7286 | avangordon@rentonwa.gov
From: Ian Gray <IGray@Rentonwa.gov>
Sent: Wednesday, October 26, 2022 9:01 AM
To: Andrew Van Gordon <AVanGordon@rentonwa.gov>
Subject: RE: Cedar River Cottonwood
Thanks Andrew. Hopefully we can keep it simple – this isn’t rocket science and just needs to get done. If the tree stays
there into high water season there will definitely be deleterious outcomes…
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
2
From: Andrew Van Gordon <AVanGordon@rentonwa.gov>
Sent: Wednesday, October 26, 2022 8:44 AM
To: Ian Gray <IGray@Rentonwa.gov>
Subject: RE: Cedar River Cottonwood
Hi Ian,
It doesn’t look like the tree removal will require a Shoreline Exemption as it wouldn’t meet the definition of
development. However, an RVMP and Critical Area Exemption would be needed. I’m double checking about what, if any
studies, we wouldn’t need for this. I should have an answer for you by the end of the day. Additionally, it would be
exempt from an Environmental Review.
Thank you.
ANDREW VAN GORDON, Associate Planner
City of Renton | CED | Planning Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
Virtual Permit Center | Online Applications and Inspections
(425) 430-7286 | avangordon@rentonwa.gov
From: Ian Gray <IGray@Rentonwa.gov>
Sent: Wednesday, October 26, 2022 8:02 AM
To: Andrew Van Gordon <AVanGordon@rentonwa.gov>
Subject: Cedar River Cottonwood
Hi Andrew,
I started a standard HPA application yesterday (#30121) on the WDFW permit portal for the work we need to do at 200
Mill. It included a map, a simple project narrative and diagram. I have a contractor assessing what a crane operation
would cost and look like. The plan is to move the tree onto the river bank and essentially leave all debris on site but out
of the main river channel. The aim is to disturb the river bed as little as possible once the salmon run is done. I am
thinking we might be able to do the work sometime mid-November, assuming all the permitting is in place. What does
timing look like your end for the shoreline exemption? Also, can you confirm that this will all be in accordance with SEPA
requirements or otherwise?
Thanks!
Ian Gray
Urban Forestry & Natural Resources Manager
Phone: 425-430-6601 Email: IGray@RentonWA.gov
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
Tree failure and incident inspection notes
• City tree failed at root plate 10/12/2022 around 7am
• Unique tree inventory database ID: TRE-24595
• Black Cottonwood - Populus trichocarpa
• 44” DBH, height ~145-155’ feet based on Range Finder laser measurements of adjacent trees
• Last inventory database update April 15, 2020
• Not yet inspected this year but trees here are in the annual inspection list based on size
category for cottonwood species
• Adjacent leaning tree inspected earlier in 2022 (still standing)
• Site is part of Liberty Park location on riverbank, unmaintained area
• Open grown / unrestricted site, 50% location rating
• 50% Tree condition rating, minor structural defects, few signs of poor health
• No risk rating noted, tree appeared to be fairly healthy, little deadwood in upper canopy
• No obvious root rot, girdling roots or basal decay pockets
• Entire root plate pulled out of river bank, soil very dry, suspect soil shear strength compromised
as a result
• No injuries, 2 vehicles damaged
• Weather data shows windspeed measurement at Seatac of 13 mph from the NNE at 6:53 on
10/12/2022 which, although not even close to being a strong breeze usually capable of toppling
trees, would be consistent with the direction the tree fell
RECEIVED
PLANNING DIVISION
10/26/2022
AVanGordon
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101
Observations:
The leaner in right side of the photo was inspected recently but did not raise concerns as the likely direction of fall
posed little risk. The cottonwood tree that failed pulled completely out of the riverbank with the root plate. There
were no signs of basal decay or root rot from what could be seen, but the soil was visibly very dry and the shear
strength of that soil was probably compromised as a result. The fine roots appeared to be healthy . Ironically, from
the look of the upper canopy the tree appeared to be generally healthy and had little deadwood. On the other
hand, while inspecting adjacent trees as we were there, it is clear that some of them will require substantial risk
mitigation work in the near future. Trees along the river often exhibit basal damage due to impacts from floatin g
debris during high water events and this can be seen at the base of adjacent trees still standing. This side of the
trunk of the fallen tree is not visible, but even if there was basal wounding it would not have impacted the condition
of the root plate in the riverbank behind the tree. Sometime the river side of the tree root plate can be undercut by
erosion at high water, but again, it is unlikely that this would have impacted the condition of the root plate behind
the tree up the riverbank.
As for next steps, out of an abundance of caution no parking should be allowed along that wall next to the river at
200 Mill until the remaining trees can be addressed. That won’t likely take place until early next year at this stage.
The remaining tree trunk that is laying across the river is not impeding water flow for now and given that we are in
the midst of the salmon run the trunk will be left as is. We do not want to disturb anything for now and the salmon
are already using the shade for habitat and schooling beneath it. At a later date we can discuss whether the log
should be craned out, cut and floated at high water, or pulled tight parallel to the bank from which it fell as
‘natural’ woody debris in the river.
DocuSign Envelope ID: 7DE3E932-E25E-44FB-B9A3-2E9A9941B101