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StaffReport_CU-2006-127doc.pdf CE ITY OF DMONDS th 121 5 Avenue North • Edmonds, WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DSD: PD EVELOPMENT ERVICES EPARTMENTLANNINGIVISION TCCUP REE UTTING ONDITIONAL SEERMIT - ASD- DMINISTRATIVE TAFFECISION FileCUT-2006-127: FileCUT-2006-127: Application by Richard Dunham for the removal of one 24” fir tree on a slope at 9119 Park Road, located in the Single Family Residential (RS-8) zone. PropertyOwner/Applicant: PropertyOwner/Applicant: Richard Dunham 9119 Park Road Edmonds WA 98026 SiteLocation: SiteLocation: 9119 Park Road in the Single Family Residential (RS-8) zone (Attachment 2). ProjectProposal: ProjectProposal: The applicant is requesting a Conditional Use Permit to consider allowing the removal of one 24” fir tree on a slope without replacement. This tree was removed prior to permit issuance. The applicant submitted a site plan and letter (Attachments 3 and 4) detailing that one 24” fir tree has been removed on a slope without a permit. It states, “Unfortunately, due to my misunderstanding with the Planning Dept. from a site visit last year the tree in question has been cut down. Last year I had asked & received permission to cut down 3 trees in the same location because of the unstable nature of the trees. I was granted an exemption from a permit & was mistakenly under the impression I could cut down the tree I am now requesting a permit for.” The slope is heavily vegetated, and the tree in question has already been removed. ReviewProcess: ReviewProcess: Conditional Use Permit with an optional public hearing followed by a staff decision, pursuant to ECDC 20.95.050 (Staff Decision – Notice Required). The City has mailed notice to the surrounding property owners informing them of the application for a clearing permit. MajorIssues: MajorIssues: Compliance with ECDC Section 18.45 (Land Clearing and Tree Cutting). Compliance with ECDC Section 23 (Critical Areas). Compliance with ECDC Section 20.95 (Application and Staff Review). Compliance with the City of Edmonds Comprehensive Plan (especially Vegetation and Wildlife). Page 1 of 4 Staff Report for CU-2006-127 Dunham Tree Removal Analysis: Analysis: Facts: A. 1. The improvements are proposed on property with a single-family residential zoning designation (RS-8) and is developed with a single family home. 2. The City of Edmonds Comprehensive Plan designates this property “Single Family – Urban 1.” 3. The subject property is rectangular and contains approximately 8,250 square feet in area. 4. The area to the North, South, East, and West are also zoned Single-Family Residential (RS-8) and the surrounding properties are developed with single-family homes. 5. The subject property slopes down along the north side of the property away from the home. The slope is heavily vegetated and contains several large mature evergreens. The LiDAR map indicates that the slope is somewhere between 38-47 percent. Tree removal on slopes over 25 percent require a tree cutting permit. 6. The tree that was removed is currently a stump and has been left to act as a wildlife snag and to help control erosion on the slope. 7. ECDC Chapter 18.45 exempts clearing on 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. Some of the purposes of ECDC Chapter 18.45.000.A-M state a desire to: A.To promote the public health, safety, and general welfare of the citizens of Edmonds by preserving the physical and aesthetic character of the city through the prevention of indiscriminate removal or destruction of trees and ground cover on undeveloped or partially developed property; B.To implement the policies of the State Environmental Policy Act of 1971 as revised in 1984; C.To implement and further the goals and policies of the city’s comprehensive plan in regard to the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watershed, and economics; D.To ensure prompt development, restoration and replanting and effective erosion control of property during and after land clearing; E.To promote land development practices that result in a minimal adverse disturbance to existing vegetation and soils within the city; F.To minimize surface water and ground water runoff and diversion; G.To aid in the stabilization of soil, and to minimize erosion and sedimentation; H.To minimize the need for additional storm drainage facilities caused by the destabilization of soils; I.To retain clusters of trees for the abatement of noise and for wind protection; J.To acknowledge that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxide; K.To preserve and enhance wildlife and habitat including streams, riparian corridors, wetlands and groves of trees; Page 2 of 4 Staff Report for CU-2006-127 Dunham Tree Removal L.To promote building and site planning practices that are consistent with the city’s natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvement, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; M.To promote the reasonable development of land in the city of Edmonds. 8. The performance standards for land development permits are given in ECDC Chapter 18.45.050. 9. The following are included as part of this proposal: site plan, vicinity map, and declarations. 10. The applicant is proposing to remove one tree according to the submitted plans. 11. There are still many trees on the slope that will help support the soil. 12. There is abundant vegetation on the slope that will help support the soil. 13. There is abundant wildlife habitat in the vicinity. 14. The applicant believed the tree to be a hazard, therefore it was cut in addition to the designated hazardous trees. 15. The tree stump has been left as a snag, which will help promote wildlife habitat. B.Conclusions: 1. The proposed tree cutting is compatible with the single-family residential Zoning designation. 2. The proposed tree cutting is compatible with the single-family residential use Comprehensive Plan designation. 3. Since the tree was removed and has been left as a wildlife snag, and because the slope is already heavily vegetated, the tree clearing permit should be approved. Environmental(SEPA)Review: Environmental(SEPA)Review: Land clearing and tree cutting is not exempt from environmental review under the State Environmental Policy Act (SEPA). The applicant turned in an Environmental Checklist, and staff issued a Determination of Non-Significance (DNS) on June 14, 2007. No comments or appeals were received. Both the City and the applicant have complied with SEPA requirements (Attachment 5). TechnicalReview: TechnicalReview: The proposed Conditional Use Permit has been reviewed and evaluated by the City’s Fire Department, Engineering Division, Parks and Recreation Department, and the Public Works Department. No comments were received. PublicComments: PublicComments: The City has not received any comment letters for this project. Page 3 of 4 Staff Report for CU-2006-127 Dunham Tree Removal n: Decisio Decision Based on the facts, conclusions, and attachments to this report, staff finds that the application for a APPROVED Conditional Use Permit for this tree removal (file number CUT-2006-127) is with the following condition: 1. The removal of one 24” fir tree as shown on the submitted plans, and all individual elements of this project are required to meet all applicable city codes. Attachments: Attachments: 1. Land Use Application 2. Vicinity Map 3. Site Plan 4. Scope of Work Letter 5. SEPA DNS I have reviewed the application for compliance with the Edmonds Community Development Code. ______________________________________________________________________________ Gina Coccia, Planning Division Date RequestsforReconsideration,Appeals,andExpiration: RequestsforReconsideration,Appeals,andExpiration: 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 Division for further procedural information. Request for Reconsideration – Section 20.95.050.B.1 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 decision. Appeals – Section 20.105.010.A describes how appeals of a staff decision or recommendation shall be made. Appeals shall be made in writing, and shall include the decision being appealed along with the name of the project applicant and the date of the decision, the name and address of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong, and the fee. The appeal must be filed with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. LapseofApproval: LapseofApproval: 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.” Page 4 of 4