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Request for more info 06162009.pdfthe tg�0 June 16, 2009 Linda Hoffman CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: www.dedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering 1021 Brookmere Drive Edmonds, WA 98020 Subject: Tree Cutting Application/Mitigation, CU -2009-0029 Dear Ms. Hoffman: GARY HAAKENSON MAYOR Thank you for promptly submitting a critical area and mitigation report to address the tree cutting on your property. A conditional use permit was issued for cutting trees on this site back in 1996 under CUT -95110. A letter from January 23, 1996 in the file for this permit indicated that only two trees on the east side of the stream were going to be removed, while there were no plans to remove the trees on the west side of the stream. There is no other documentation in the file indicating that the trees on the west side of the stream were cut or topped. Pursuant to ECDC 18.45.045.C, tree cutting permits expire one year from the date of issuance. CUT -95-110 expired on January 11, 1997. There have been substantial changes to the City of Edmonds Development Code since 1996, particularly in regards to the City's critical area ordinance. The current application must comply with the City of Edmonds development regulation as they exist today. More information is needed to continue processing your application and determine its consistency with the Edmonds Community Development Code. Please provide the following information: 1. Proposed Additional Tree Cutting: The critical area and mitigation report prepared by Landau Associates indicates that it is your intention to remove or top the two remaining cottonwood trees. As documented in the mitigation plan the trees are located within a critical area and/or its associated buffer. Pursuant to ECDC 23.40.220.C.7.b, trees within a critical area may be removed if they are "hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property." The letter from the certified arborist, Robert Grandt, did not assess the hazard of the remaining trees, or at least did not provide any documentation of the hazardous nature of the trees. If it is your intention to top or remove the two remaining cottonwood trees, please have a certified arborist submit documentation that the trees are indeed hazardous consistent with ECDC 23.40.220.C.7.b.i. In similar situations, arborists have submitted Tree Hazard Evaluation Forms along with a report documenting the hazard of the trees. 2. Mitigation Requirements: The critical area and mitigation report prepared by Landau does not propose planting any trees to mitigate for the tree cutting. While Landau • Incorporated August 11, 1890 • Sister City - Hekinan, Japan assumes the remaining portions of the trees will survive to provide some reduced function over their previous conditions, the certified arborist concluded the trees were "terminal". ECDC 23,40.220.C.7.b.iv is very specific stating that, "The landowner shall replace any trees that are removed with new trees at a ratio of two replacement tree for each tree removed..." In order to be consistent with ECDC 23.40.220.C.7.b.iv, the mitigation plan must include replanting some trees on site. If it is not practical to plant all the replacement trees on site, some replacement may be planted at a nearby location. As we discussed at the counter, the definition of a tree pursuant to ECDC 18.45.040.Q "means any living woody plant characterized by one main stem or trunk and many branches and having a caliper of six inches or greater, or a multi -stemmed trunk system with a definitely formed crown." At least two of the groups of cottonwoods may meet the multi -stemmed definition for tree, As such, the number of required replacement trees may not be as large as considered by Landau and there may be sufficient space on site to plant replacement trees at a 2:1 ratio. The replacement trees must also 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". Below is a list of trees that are suitable replacement trees for the site: red alder Alnus rubra big leaf maple Acer macrophylum vine maple Acer circinatum Oregon ash Fraxinus lati olia Pacific dogwood Cornus nuttallii caking aspen Po ulus tremuloides Other species of trees may be used for the replacement trees if it can be demonstrated that the proposed species will provide the characteristics needed in a stream environment. Please provide the requested information by duly 7, 2009. Peel free to give me a call or you have any questions, 425-771-0220. Sin rely, t�J ernen Lien Associate Planner Cc: CU -2009-29 Pile