Staff report CU-06-126.pdf
CITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
ADVISORY REPORT
FINDINGS, RECOMMENDATIONS AND CONCLUSIONS
To:
File #CU-2006-126
From
:
Michael D. Clugston, AICP
Planner
Date:
FEBRUARY 4, 2008
File:
An application for a tree cutting permit for Terry Wagner
I.INTRODUCTION
A.Application
1. Applicant: Terry Wagner
2. Site Location: Autumn Place
Common Open Space Tract 999
located west of Terry Wagners
parcel at 24208 Firdale Avenue
(see inset).
3. Request: A Conditional Use
Permit to allow the removal of a
tree on the Autumn Place
Common Open Space tract.
4. Review Process: An
Administrative Conditional Use
Permit.
5. Major Issues:
a.Compliance with Edmonds
Community Development
Code (ECDC) Section
18.45 - Land Clearing and
Tree Cutting.
b.Compliance with ECDC
Section 20.15A -
Environmental Review
City of Edmonds Zoning Map, December 14, 2007
(SEPA).
c.Compliance with ECDC
Section 20.95 - Application and Staff Review.
d.Compliance with ECDC Section 23.40 - Environmentally Critical Areas General
Provisions
Terry Wagner
File No. CU-06-142
Page 2 of 5
B.Description of Proposal
The applicant removed a tree without a permit on property adjacent to his the Common Open
Space area (Tract 999) associated with the Autumn Place subdivision. A post-event conditional
use permit was required by the City.
C.Decision
Based on statements of Fact, Conclusions, and Attachments in this report, the application for a
Conditional Use Permit for tree removal is APPROVED with the following conditions:
1.Two Douglas Firs at least six feet in height shall be replanted in the immediate vicinity of the
tree that was removed. The stump of the tree that was removed shall remain.
2.Any deadwood from the tree removed from the Open Space that remains on the Wagner
property shall be removed.
II.FINDINGS OF FACT AND CONCLUSIONS
A.Site Description
1.Site Development, Neighboring Development, And Zoning:
a)Facts:
(1)Size: The Common Open Space area (Tract 999) associated with the Autumn Place
subdivision is approximately 39,552 square feet.
(2)Land Use: The Open Space area is currently undeveloped and must remain so.
(3)Zoning:The subject parcel is zoned Single-Family Residential (RS-8).
(4)Terrain and Vegetation: The subject area slopes significantly from the west down to
the east and is covered with trees and an understory of native vegetation.
2.Surrounding Development and Zoning:
a)Facts:
(1)North, South, East, and West: These areas are currently zoned Single-Family
Residential (RS-8) and most of the lots are developed with single family homes.
B.Edmonds Community Development Code (ECDC) Compliance
1.ECDC Section 18.45 (Land Clearing and Tree Cutting)
a)Facts:
(1)ECDC Chapter 18.45 exempts clearing on an undeveloped lots that are not capable of
being further subdivided, except for that portion of the lot that is located in a
designated environmentally sensitive area, and except for that portion of the lot that
has slopes exceeding 25 percent.
(2)In addition to being a protected Open Space area, the subject space is an
environmentally sensitive area with slopes exceeding 25 percent.
(3)Revegetating all areas exposed by the clearing with both ground cover and larger
vegetation would assist in the reduction of erosion potential and larger scale slope
stability issues.
Terry Wagner
File No. CU-06-142
Page 3 of 5
b)Conclusions:
(1)A permit was required for the tree removal in question. From the arborist report
submitted as part of this permit application, it appears that the Open Space tract
associated with the Autumn Place Subdivision is in need of maintenance. It is
understood that several trees in the past have come down from the tract and impacted
property owners off-site. It would seem to be advantageous for the Homeowners
Association to take a more proactive approach to its stewardship of its important
natural area.
2.ECDC Section 20.15A (Environmental Review SEPA)
a)Facts:
(1)The City of Edmonds, acting as lead agency, issued a Determination of
Nonsignificance (DNS) for the project on January 4, 2008 (Attachment 4). No
comments were received.
b)Conclusions:
(1)The applicant and the City have complied with the requirements of ECDC 20.15A.
3.ECDC Section 23.40 (Environmentally Critical Areas)
a)Facts:
(1)The Autumn Place Common Open Space consists of slopes in excess of 50%.
Generally, vegetation in such areas is to be retained; however, trees may be removed
from critical areas and buffers that are hazardous, pose a threat to public safety or pose
an imminent risk of damage to private property under the following circumstances:
a. The applicant submits a report from an ISA- or ASCA-certified arborist or
registered landscape architect that documents the hazard and provides a
replanting schedule for the replacement trees;
b. Tree cutting shall be limited to pruning and crown thinning, unless otherwise
justified by a qualified professional. Where pruning or crown thinning is not
sufficient to address the hazard, trees should be removed or converted to wildlife
snags;
c. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area
or buffer unless removal is warranted due to the potential for disease or pest
transmittal to other healthy vegetation or unless removal is warranted to improve
slope stability;
d. The land owner shall replace any trees that are removed with new trees at a ratio
of two replacement trees for each tree removed (two to one) within one year in
accordance with an approved restoration plan. Replacement trees may be planted
at a different, nearby location if it can be determined that planting in the same
location would create a new hazard or potentially damage the critical area.
Replacement trees shall be species that are native and indigenous to the site and
a minimum of one inch in diameter at breast height (dbh) for deciduous trees and
a minimum of six feet in height for evergreen trees as measured from the top of
the root ball;
e. If a tree to be removed provides critical habitat, such as an eagle perch, a
qualified wildlife biologist shall be consulted to determine timing and methods
of removal that will minimize impacts; and
f. Hazard trees determined to pose an imminent threat or danger to public health or
safety, to public or private property, or of serious environmental degradation
Terry Wagner
File No. CU-06-142
Page 4 of 5
may be removed or pruned by the land owner prior to receiving written approval
from the city; provided, that within 14 days following such action, the land
owner shall submit a restoration plan that demonstrates compliance with the
provisions of this title;
b)Conclusions:
(1)Future work within the Open Space tract will require a permit from the City.
C.Edmonds Comprehensive Plan Compliance
1.Land Use
a)Facts:
(1)The City of Edmonds Comprehensive Plan designates the subject property as Single
Family Urban 1.
(2)The Comprehensive Plan has the following stated goals and policies for Residential
Development and development within areas of sensitive soils and topography which
appear to apply to this project.
Soils and Topography
C. Goal. Development on steep slopes or hazardous soil conditions should
preserve the natural features of the site, in accordance with the following
policies:
C.3. Erosion Control.
C.3.b. Natural vegetation should be preserved wherever
possible to reduce erosion and stabilize slopes,
particularly on the downhill property line.
C.3.c. Slopes should be stabilized with deep rooted vegetation
and mulch, or other materials to prevent erosion and
siltation of drainage ways.
b)Conclusion: The proposed conditions will assist in ensuring the proposed permit is
consistent with the policies of the Comprehensive Plan and the purposes of the Tree
Cutting and Land Clearing Code.
D.Technical Committee
The Permit has been reviewed and evaluated by the Engineering Department. No comments were
received.
E.Public Comment:
The City received no comments regarding the application.
III.RECONSIDERATION AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
A.Request for Reconsideration
Section 20.95.050.B.2 allows for staff to reconsider their decision if a written request is filed
within ten (10) working days of the date of the posting of the notice of the decision.
Terry Wagner
File No. CU-06-142
Page 5 of 5
B.Appeals
Section 20.105.020.A & B describe how appeals of a staff decision or recommendation shall be
made. The appeal shall be made in writing, and shall include the decision being appealed along
with the name of the project and the date of the decision, the name of the individual or group
appealing the decision, their interest in the matter, and reasons why the appellant believes the
decision to be wrong. The appeal must be filed with the Community Development Director within
fourteen (14) calendar days after the date of the decision being appealed.
C.Time Limits for Reconsideration and Appeals
The time limits for Reconsiderations and Appeals run concurrently. If a request for a
reconsideration is filed before the time limit for filing an appeal has expired, the time clock for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing
an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the
appeal period, an individual would have 9 more days in which to file an appeal after the Hearing
Examiner issues his decision on the reconsideration request.
IV.LAPSE OF APPROVAL
Section 18.45.045.C. states Any permit granted under the provisions of this section shall expire one year
from the date of issuance. No work may commence on the permit until the appeal time limit has expired.
Upon receipt of a written request, a permit may be extended for six months.
V.ATTACHMENTS
1.Land Use Application
2.Site Plan, received December 4, 2007
3.Arborists Report, dated November 15, 2007
4.Determination of Nonsignificance, issued January 4, 2008
VI.PARTIES OF RECORD
Terry and Amy Wagner Jim Anneberg Planning Division
24208 Firdale Ave. Autumn Place Homeowners Association
nd
Edmonds, WA 98020 9920 242 Place SW
Edmonds, WA 98020