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HomeMy WebLinkAboutPermit PL15-0050 - TRISHA GILMORE - GILMORE RESIDENCE TREE PERMIT / NON-SHORELINETREE PERMIT NON -SHORELINE Parent Project: PL15-0050 APPROVED This File: L15-0058 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director December 28, 2015 NOTICE OF DECISION Trisha and Dwight Gilmore, Applicant/Owner 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: L15-0058 Applicant: Trisha Gilmore Type of Permit: Tree Permit Project Description: Request to approve removal and replacement of five (5) previously topped trees in a residential lot within a sensitive area — stream buffer. Location: 3513 S 128th St Associated Files: PL15-0050 Comprehensive Plan Low Density Residential 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 City Planning Supervisor has determined that the application for a Tree Permit does comply with applicable City and State Code requirements and has approved the application with the following conditions: • Remaining tree stumps shall be removed or at least cut to a height of 24 inches. Continuous cutting of re - sprouting branches is required to ensure trees do not become hazardous again. • Planting and maintenance shall be in accordance with best management practices for landscaping to ensure the vegetation's long-term health and survival per TMC 18.54.130.3.c(3). • Trees/shrubs should be planted along stream bank of property in March 2016. Page 1 of 3 7/15/2015 W:\Users\Valerie\Notice of Decision\Machine Toolworks Tree Removal Phase #1 • Receipt of tree purchase from King Conservation District (KCD) should be submitted to city's Urban Environmentalist. • Entire planting area should be mulched with 3-4 inches of medium bark or wood chips. Mulch should not be placed against the trunks of the trees/shrubs — leave a 4 inch circle around the trunk un-mulched. • Trees should be watered weekly during the dry months (generally July -September or as necessary depending on conditions) for the first two growing seasons. • Applicant shall call for an inspection after trees/shrubs are planted. • Applicant shall submit annual photos of plantings to the city's Urban Environmentalist to ensure proper maintenance and allow yearly inspection on property for five (5) years. III. FINDINGS This tree clearing permit application is a request to remove five (5), 24"+ diameter poplar trees that were previously topped and deemed hazardous and replace them with at least forty (40) bare root native trees and shrubs purchased from the KCD 2016 plant sale on March 5, 2016. Native tree and shrub species to be planted on site include Pacific crabapple, vine maple, bitter cherry, willow species, sitka spruce, cedar, cascara or other appropriate wetland native tree/shrub recommended by the City's Urban Environmentalist or restoration specialist at KCD. Per TMC 18.45.070.9 only hazardous trees can be removed in an environmentally sensitive areas. Proof of tree defects has been submitted by applicant. Trees that are topped/removed must be replaced per 18.54.130. In stream buffers, areas should be replanted with native vegetation to improve the original condition in species diversity and density per TMC 18.45.110.D.2(c), The five poplar trees are currently topped at 5-6 feet in height and will continue to re -sprout and could become hazardous again. Applicant has stated financial difficulty as the reason to not remove the stumps of the trees. Ideally the stumps should be removed. In case the applicant chooses to not remove the stumps, the trees should be cut to a height of 24 inches. Additionally, continuous cutting of re -sprouting is required to ensure trees do not become hazardous again. Plantings must be monitored and maintained for five (5) years. Replacement of plantings will be required if failure rate is more than 20% every year. IV. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 1 decision pursuant to Tukwila Municipal Code § 18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the City Hearing Examiner of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the Hearing Examiner appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision. V. PROCEDURES AND TIME FOR APPEALING In order to appeal the Planning Supervisor'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. The requirements for such appeals are set forth in Tukwila Municipal Code Ch. 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: Page 2 of 3 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. VI. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as a closed record hearing before the Hearing Examiner based on the information presented to the Planning Supervisor who made the original decision. No new evidence or testimony will be permitted during the appeal hearing. Parties will be allowed to present oral argument based on the information presented to the Planning Supervisor before their decision was issued. The Hearing Examiner's decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing Examiner's decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW Ch. 36.70C. If no appeal of the Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VII. 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 Andrea Cummins, who may be contacted at 206-431-3663 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. i� Department of Community Development City of Tukwila Page 3 of 3 C'hiof Juswiea Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl , HEREBY DECLARE THAT: Notice of Application X Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & 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 on this _28 day of December 2013 Project Name: Gilmore Residence, Tree Permit Project Number: PL15-0050 Associated File Number (s): L15-0058 Mailing requested by: Minnie Dhaliw Mailer's signature: �Je i 0vtrlaid W:\USERS\TERI\TEMPLATES-FORMS\AFFIDAVIT OF DISTRIBUTION.DOC CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Telephone: (206) 431-3670 TREE REMOVAL AND LANDSCAPE MODIFICATION PERMIT APPLICATION FOR STAFF USE ONLY Planner: File Number: 6/ S Application Complete Date: r / ( se --Project . File Number: S O SZ Application Incomplete Date: Other File Numbers: Car.... 15,._ 6 0-4_ NAME OF PROJECT/DEVELOPMENT: BRIEF DESCRIPTION OF PROJECT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 513 *--T+A.kw WA al. bg' 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: Address: Phone: E-mail: Signature: D w o r- 3513 s ?�©b 221 `I .7 b FAX: H1''i 5h01 9 ► 1 e J)5 \\deptstore\City Common\Teri\Revisions In Progress\Tree Removal and Landscap. Mod Pemnt.docx CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Telephone: (206) 431-3670 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real C property, located at "?j 4 5 c - 1'h , for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. // (� EXECUTED at 1(,{() \ I v \ (city), /,l//- (state), onc>/e/�t 4-C K a 7 , 20 Tr33t i 1 Y to (Print Name) 3513 5. t Lg- l s+- (Address) 7 b Q (Phone Number) On this day personally appeared before me � I S l'1(( C (/ W1 0 (<. to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. / // � SUBSCRIBED AND SWORN TO BEFORE ME ON THIS ?Lt. ` DAY OF )('f(il%e /� [0-6 )/ , 20 ( Z LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES 1\ MAY 29, 2018 comsa Y PUBLIC in and for the State of Washington residing at —Fa fk () i My Commission expires on \\deptstore\City Common \ Teri \Revisions In Progress\Tree Removal and Landae.pe Mod Permit.docx ^g' ra c&.to p l€ S 0 to Ai k, pin( 0 vine Maple o RECEIVED NOV 2 4 2015 Community Development Th 6 0 igterr_ 0 0 b