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Home My WebLink AboutPermit PL15-0003 - ZAYO GROUP LLC - SENSITIVE AREASSPECIAL PERMISSION SENSITIVE AREAS Parent Project: PL15-0003 APPROVED This File: L15-0004 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director February 26, 2015 NOTICE OF DECISION TO: Michael Smith, Zayo, Applicant Washington State Department of Ecology King County Department of Assessments This letter serves as a Notice of Decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L15-0004, Special Permission from the Director Applicant: Michael Smith, for Zayo Type of Permit Applied for: Special permission from the Director. Project Description: Special permission application to install essential utilities within the buffer of a stream. Location: 42' Avenue South from SR 518 to 200 feet north of Gilliam Creek Culvert Associated Files: PW 14-0173 Comprehensive Plan City Right of Way Designation/Zoning District: II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The Community Development Director has determined that the special permission application does comply with applicable City and state code requirements and has approved that application, subject to the following conditions: 02/25/2015 6:33 PM H:\ L15-0004 Zayo Special Permission\NOD L15-0003 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 Notice of Decision L15-0004 Zayo Special Permission February 26, 2015 1. The applicant shall provide a $500 contribution to the City's Tree Replacement Fund in lieu of installing trees in the portion of the buffer that falls within the right of way. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code § 18.104.010. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the Hearing Examiner of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14-days of the issuance of this Decision, that is by March 12, 2015. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all hearing examiner costs will be passed through to the appellant. CL 02/25/2015 6:33 PM H:\\L15-0004 Zayo Special PernussionWOD L15-0004 Notice of Decision L15-0004 Zayo Special Permission February 26, 2015 V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Carol Lumb, who may be contacted at 206-431-3661 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. The notice board must be removed at the expiration of the appeal period if no appeal is filed. Jack ce, Director Dep ent of Community Development City of Tukwila CL H:\\L15-0004 Zayo Special PermissionWOD L15-0004 02/25/2015 6:33 PM ea* al J u;Fu & Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, _Teri Svedahl , HEREBY DECLARE THAT: Notice of Application X Notice of Decision + O 64pr 0r - fl7 i4-SSesso, Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance 8s Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached Applicant, KC Assessor, WA DOE on this _27 day of _February 2015 Project Name: GILLIAM CREEK CULVERT - ZAYO GROUP Project Number: PL15-003 Associated File Number (s): L15-0004 Mailing requested by: Carol Lumb Mailer's signature: /' 01//,---___ PA- Y� 0,9C4_ K- c 4' -2J V G (-“-di '' ci I W:\USERS\TERI\TEMPLATES-FORMS\AFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director MEMORANDUM February 25, 2015 TO: Jack Pace, Director, Department of Community Development FM: Carol Lumb, Senior anner RE: L15-0004, Special Permission, Director, Request to Work in Gilliam Creek Buffer on 42nd Avenue South This project is a request to allow placement of conduit pipe using a directional bore on the west side of 42nd Avenue South, through the buffer and over the culvert conveying Gilliam Creek under 42nd Street. Background This request is an "after the fact" land use application resulting from a stop work order to Zayo, the company installing the conduit. The project installed two 1.25" HDPE conduits via directional bore in the 15000 block of 42nd Avenue South without first applying for a Special Permission, Director permit. The bore runs on the west side of 42°d Avenue South from Southcenter Blvd. south to the WSDOT SR 518 right of way. The conduits were placed over the existing culvert conveying Gilliam Creek at a depth of 72 inches or greater (from the surface level). The bore entered the ground over 300 feet south of the culvert and exited approximately 200 feet north of the culvert. Gilliam Creek is a Type 2 stream with a 100 foot buffer. The conduit was placed through the entire buffer of the creek. Decision Criteria TMC 18.45.070 B. 5. states that essential utilities may be permitted in sensitive areas, subject to approval by the Director of the Department. The criteria are identified in italics followed by the staff response. a. Essential utilities must be constructed to minimize, or where possible avoid, disturbance of the sensitive area and its buffer; Response: The directional bore went under the buffer and above the culvert conveying Gilliam Creek. All work was within the right of way for 42nd Avenue South and there was minimal disturbance where the bore entered and exited the buffer area. There was some disturbed ground where the bore exited the ground on the north side of the culvert. This area has been hydro -seeded. b. Essential utilities must be designed to protect the sensitive area and its buffer against erosion, uncontrolled storm water, restriction of groundwater movement, slides, pollution, habitat disturbance, CPL H:\\\L15-0004 Zayo\Staff Report Page 1 of 2 02/25/2015 6:36 PM 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 L15-0004 Zayo Special Permission Sensitive Area Departure February 25, 2015 ANN any loss of flood carrying capacity and storage capacity, and excavation or fill detrimental to the environment; Response: As noted above, there was minimal disturbance to the buffer area, which has been restored by hydro -seeding. c. Upon completion of installation of essential utilities, sensitive areas and their buffers must restored to pre -project configuration, replanted as required and provided with maintenance care until newly planted vegetation is established. In addition, mitigation to offset impacts to sensitive areas and mitigation ratios of this chapter. Response: Typically, as a condition of approval for work in a sensitive area buffer, mitigation such as tree planting would be required. The City will be making road improvements to 42nd Avenue South in 2016, including replacing the culvert conveying Gilliam Creek with a fish -friendly culvert, therefore it was not timely for the applicant to install trees in the stream buffer. The small area disturbed during construction has been hydro -seeded. The applicant has made a $500 payment into the City's tree replacement fund in lieu of planting trees in the buffer area. d. All crossings must be designed for shared facilities in order to minimize adverse impacts and reduce the number of crossings. Response: Not applicable. RECOMMENDATION Approve the placement of conduit pipe using a directional bore on the west side of 42nd Avenue South, through the buffer and over the culvert conveying Gilliam Creek under 42nd Street, with payment into the City's Tree Replacement Fund as mitigation in lieu of planting trees in the buffer along 42nd Avenue South where a street improvement project would displace the trees in 2016. Attachments: • January 21, 2015 Letter from Zayo, • Construction Plans Identifying Conduit Location CPL Page 2 of 2 02/25/2015 6:36 PM H:\\\L15-0004 Zayo\Staff Report Carol Lumb From: Sent: To: Subject: Michael, Carol Lumb Friday, January 23, 2015 3:44 PM 'michael.smith@zayo.com' Special Permission - Director Application I am following up on our conversation about any needed special studies for the Zayo bore above Gilliam Creek. In this instance, the information you provided with the application will suffice for the permit review. Please let me know if you have any questions, Carol Carol Lumb, Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 206-431-3661 t'arol1,urnb3Tzj wily1'i'a;goi- Tukwila, the City of opportunity, the community of choice. 1 Carol Lumb From: Carol Lumb Sent: Friday, January 23, 2015 4:14 PM To: 'michael.smith@zayo.com' Subject: Receipt Attachments: ZAYO_receipt_tree_mitigation_fund.pdf Michael, Attached is the receipt for the check ZAYO provided for tree replacement. Once we had the Special Permission -Director permit in the system we were able to show the payment to the Tree Mitigation Fund for the trees that can't be planted along 42"d at this time. Let me know if you have questions. Carol Carol Lumb, Senior Planner Department of Community Development City of Tukwila 6300 Southeenter Blvd., Suite 100 Tukwila, WA 98188 206-431-3661 C <irr�I.Luurbna I'uhn i1a 111, o Tukwila, the City of opportunity, the community of choice. 1 CITY OF TUKWILA SPECIAL Department of Community Development — 6300 Southcenter Boulevard, Tukwila, WA 98188 PERMISSION Telephone: (206) 431-3670 JAN 2120I5 DIRECTOR i;(fir✓IIJIUI�1 DEVELOPMENT APPLICATION FOR STAFF USE ONLY Permits Plus Typ&• P-3'' .' Planner: File Number: L,5—,.136oy Application Complete Date: Project File Number: --pe_ / 5 .- G� Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: S 152ND ST & 42ND AVE S (PW 14-0173) BRIEF DESCRIPTION OF PROJECT: DIRECTIONAL BORE OVER GILLIAM CREEK CULVERT LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 15000 BLOCK OF 42ND AVE S - GILLIAM CREEK CULTERT LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: ZAYO GROUP Address: 7905 S 196TH ST, KENT WA 98032 Phone: (425) 286-7350 FAX: E-mail: michael. Signature:: � 7�� Date: 01/21/2015 \\deptstore\City Common \ Teri \Revisions In Progress\Special Permission Director -March 201 I.docx January 21, 2015 Carol Lumb City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: PW 14-0173 Directional Bore — Gilliam Creek Culvert Project Description zayo RECEIVED JAN 212015 COMMUNJ I y DEVELOPMENT Description of work: Gilliam Creek Culvert — Directional Bore Install two (2)1.25" HDPE conduits via directional bore at the 15000 block of 42nd Ave S The bore runs on the west side of 42nd Ave S Conduits placed over existing culvert at a depth of 72" or greater (from surface level); Entry point of bore — over 300' south of culvert Exit point of bore—150'-200' north of culvert Disturbance to Sensitive Area: Bore exit pit and tie-in point of conduit Use of backhole to excavate and tie-in conduit at a depth of 3' Locating existing utilities in public row along bore path. Locating bore head during boring operation. Michael Smith Project Manager, Zayo 425❑286❑7350 michael.smith@zayo.com 866-364-6033 j www.zayo.com i _ e P288 ea I MATCHLINE — SE _ ..._. SHT I CONSTRUCTION NOTES: 1. DIRECTIONAL BORE f OPEN TRENCH AND INSTALL (3)1 Y.' SDR-11 CONDUITS WITH MINIMUM 38" COVER. PULL IN (1) COUNT ARMORED FIBER OPTIC CABLE AND SPUCE AS NEEDED. PROPOSED II . I . •• .4 ——..-��. BORE PATH / 288 CT FIBER 2 I A I I i / 24x36x24 HH WITH 75' OF STORAGE 1 �1 'i ( g I • • i I �•I , r - . ............... �r ROCK RETAINING sI I • _¢ 1 WALL PROPOSED BORE PATH / 288 CT FIBER I I s II. LI I uk`— . • I I T �_.. �— MATCHLINE — SEE SHT 5 * e SCALE, I• . SO' SEFNCO COMMUNICATIONS REDMOND RING 8 SECTION 8 Address: Job Number: S10236-1-0006-02 City: TUKWILA Fielded by: C.TITUS County: KING Phone: (253)592-7536 CeI: State: WASHINGTON Designed by: E.REEVES Attachments Rev Date Revisions By DATE 7/ia/14 SHEET 4 OF 12 zayo GROUP where servke begins" 6 25' sa• n MATCHLINE - SEE SHT 4 - PROPOSED BORE PATH / 288 CT FIBER 24x36x24 HH WITH 75' OF STORAGES' P—,J • I I I I 1 I I i I I i 1 O CONSTRUCTION NOTES: 1. DIRECTIONAL BORE / OPEN TRENCH AND INSTALL (3)1 X" SDR-11 CONDUITS WITH MINIMUM 36" COVER. PULL IN (1) 288 COUNT ARMORED FIBER OPTIC CABLE AND SPLICE AS NEEDED. 0 ELEVATED LIGHT RAIL SUPPORT COLUMN, TYP. s (518 .I a O c • o 1 HIGHWAY o COLUMNS, �r i MATC_HLINE SUPPORT TYPICAL - SEE SHT6 '" - SREDMONDING 8 SECTIONTION B Address: Job Number: 510236— t—0006-02 City: A Fielded by: C.TITUS County: KING Phone: (253)592-7536 Cel: KING State: WASHINGTON Designed by: E.REEVES Attachments Rev Date Revisions El DATE 7/ t 8/ 14 SHEET 5 OF 12 SEFNC® COMMUNICATIONS when, SO ltBbeggins. zayo. Q)q 0 U p 0 25' So'