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).
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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;
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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.
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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.”
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