Loading...
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 Wagner’s 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 reconsideration’s 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 Reconsideration’s 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.Arborist’s 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 Homeowner’s Association nd Edmonds, WA 98020 9920 242 Place SW Edmonds, WA 98020