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HomeMy WebLinkAboutPermit L08-057 - ROBINSON RAY - TREE PERMITTREE CLEARING PERMIT Cizy of Tukwila Department of Community Development NOTICE OF DECISION TO: Ray Robinson, Applicant Whit Hamlin, Representative for the Owner Tukwila LLC, Owner Washington State Department of Ecology Sound Transit Jim Haggerton, Mayor Jack Pace, Director February 9, 2009 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: L08 -057 Applicant: Ray Robinson, Integrated Site Design (ISD) Type of Permit Applied for: Tree Clearing Permit Project Description: Clear 6 trees within a sensitive area (Type 3 stream buffer) for construction of a sidewalk connecting an apartment complex to sidewalks along S 154th Street. Location: 3816 S 154th Lane, Tukwila, WA 98188 Associated Files: RFA08 -220 (Notice of Violation for tree cutting), L08 -058 (Special Permission) Comprehensive Plan Designation/Zoning District: High Density Residential (HDR) 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 Community Development Director has determined that the application for a Tree Clearing Permit does comply with applicable City and state code requirements and has approved that application, subject to any conditions which are set forth in the Decision. JR Page 1 of 3 02/09/2009 9:15:00 AM H: \Special Permission \Villages at South Station \Tree Permit \L08 -057 Tree Permit NOD_Villages at South Station:doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • • HI. 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. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director 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 February 23, 2009. 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: 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. 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 of $225. V. 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 Community Development Director, 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 Community Development Director 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. JR Page 2 of 3 02/09/2009 9:15 AM H: \Special Permission \Villages at South Station \Tree Permit\L08 -057 Tree Permit NOD_Villages at South Station.doc • • 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 Jaimie Reavis, who may be contacted at 206 - 431 -3659 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. Department of Community Dev City of Tukwila pment JR Page 3 of 3 02/05/2009 2:08 PM H: \Special Permission \Villages at South Station \Tree Permit\L08 -057 Tree Permit NOD_Villages at South Station.doc IP ea* of J atuact II Dept. Of Community Development AFFIDAVIT OF DISTRIBUTION I, 1 HEREBY DECLARE THAT: _ _ Project Name: Notice of Public Hearing Project Number: Determination of Non - Significance Mailing requested by: Notice of Public Meeting Mailer's signature: Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit — _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Boa ?O - Seattle WA 98111 Other: �i/'. � / , /. ,am"" , /C / .0 2 ( / )'-) L..b/-b/ We/e /74/c- Was mailed to each of the addresses listed/attached on this q day of in the year 20 Ne hag l by ei'a .1 I I1CI Yri / / ✓.t try ihuni„„ / .44,10 rrrgcef-W,'v_es F'"► s577.247,e Trans . IY? t 4 P ND I #S e,I* Iv DoE- ,,e Project Name: -,' .ei -- , �5/4 .//C7,7 Project Number: Mailing requested by: IL 4(L Za O(/J Mailer's signature: /) //f lihi A 1 P: \USERS \TERIWFFIDAVIT OF DISTRIBUTION.DOC • CltJ/ ®f Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director MEMORANDUM February 9, 2009 TO: Jack Pace, Director, Department of Community Development FROM: Jaimie Reavis, Assistant Planner RE: L08 -57 and L08 -058, Tree Clearing Permit and Special Permission, Directors Request for a Sensitive Area Ordinance Deviation to allow a stream buffer reduction for construction of a monument sign and a retaining wall within the buffer a Type 3 stream. SEPA This project is exempt from the State Environmental Policy Act under WAC 197 -11 -800 (2), Other minor new construction. BACKGROUND A complaint was received by Tukwila code enforcement officers in August 2008 about several trees being removed within the stream buffer located on the northwest corner of the Villages at South Station apartment complex, located at 3724 S 154th Lane (formerly known as West Colonial Village). The twelve replacement trees required for the six that were removed (per the Tree Replacement Ratios in 18.54.130 of the TMC) are included as part of the mitigation and enhancement plan (see Sheet L -2 of Exhibit A) submitted for this request. As a result of this code enforcement action, staff learned of the property owner's plans for work within the stream buffer area, including construction of a new sidewalk and associated retaining wall on the west side of the driveway to connect the apartment complex to S 154th Street, as well as installation of a new monument sign on the east side of the driveway. The proposed work to construct a monument sign and sidewalk with associated 30" retaining wall are located within the buffer of a Type III stream, which is a tributary of Gilliam Creek. The required stream buffer width for a Type III stream is 80 feet. The monument sign is proposed on the east side of the existing driveway and the new sidewalk and associated stream buffer are proposed on the west side of the driveway. The stream is located on the west side of the driveway and the buffer includes the driveway and extends beyond the driveway to the east, where the monument sign is proposed. The stream and its buffer are in a degraded state, lacking vegetation, with the exception of a JR Page l of 5 H:\Special Permission \Villages at South Station\L08- 057 &- 058_Villages at South StationSR.doc 02/09/2009 9:06 AM 6300 Southcenter Boulevard, Suite #100 ® Tukwila, Washington 98188 s Phone: 206 - 431 -3670 a Fax: 206 - 431 -3665 • • few mature trees that are to be retained, as well as non - native and invasive plants. A driveway, a swimming pool, and an apartment building are currently located within the stream buffer area on the project site. The sidewalk and an associated 30" retaining wall are proposed to connect the large Villages at South Station apartment complex with S 154t Street and the Link Light Rail Station to the west. Construction of the sidewalk and the addition of new landscaping within the stream buffer area are permitted uses under section 18.45.070, Sensitive Area Permitted Uses, of the Tukwila Municipal Code (TMC). A small portion of the new sidewalk proposed, as well as landscaping along the north perimeter of the property, extends beyond the north property line into public right -of -way of S 154t1i Street. A right - of -way permit must be obtained from the Public Works Department for construction of the sidewalk and installation of landscaping within the public right -of -way. The new monument sign and landscaping are proposed on the east side of the driveway. The applicant is requesting the buffer be reduced by approximately 38% on the east side of the driveway to allow construction of the monument sign. Permanent impacts to the stream buffer necessary for construction of the sidewalk and retaining wall on the west side of the driveway amount to approximately 650 square feet. Permanent impacts to the stream buffer necessary for construction of the sign on the east side of the driveway amounts to approximately 40 square feet. The mitigation and enhancement plan submitted with application materials includes mitigation and enhancement for the stream buffer area at the northwest corner of the site where buffer impacts are proposed. Because only a limited number of plantings could be accommodated at the northwest corner of the site, additional enhancement is included in an area located approximately 130 feet south of S 154t Street, where the stream channel continues to the south. DECISION CRITERIA Section 18.45.070 (B) of the Environmentally Sensitive Areas section of the TMC lists the uses allowable within a sensitive area or its buffer, subject to administrative review. The landscaping proposed is a permitted use within this section of the code under number 5, Enhancement or other mitigation including landscaping with native plants. The sidewalk proposed within the stream buffer area is also a permitted use under number 7 of this section: Essential Streets, Roads and Rights -of -Way, provided it meets the following criteria: Essential streets, roads and rights -of -way must: a) Be designed and maintained to prevent erosion and avoid restricting the natural movement of groundwater. The new sidewalk will be constructed at the back of the existing curb; at the closest location possible to the existing driveway in order to cause minimal disturbance to the stream buffer. The area is already flat, as opposed to the east side of the driveway, where more grading would have to done in order to create a JR Page 2 of 5 02/05/2009 1:38 PM H:\Special Permission \Villages at South Station \L08 - 057 &- 058_Villages at South StationSR.doc • • flat area with a consistent grade for construction of a sidewalk. Erosion control measures shall be inspected prior to the start of construction to ensure that they have been installed correctly. b) Be located to conform to the topography so that the minimum alteration of natural conditions is necessary. The area in which the sidewalk is proposed is relatively flat. A minimal amount of grading will be needed for sidewalk construction. c) Be constructed in a way that does not adversely affect the hydrologic quality of the wetland, or watercourse and/or its buffer. The new sidewalk will be separated from the stream channel by new landscaping that greatly improves the vegetative cover of the area on the west side of the driveway. The new landscaping will provide stormwater retention and filtration benefits in this area where there previously was not much vegetation to provide these functions. d) Upon completion of construction, the area affected must be restored to an appropriate grade, replanted according to a plan approved by the Director, and provided with care until newly planted vegetation is established. The applicant has submitted a mitigation and enhancement plan that includes native plantings adjacent to the new sidewalk and within the entire buffer area on both the west and east sides of the driveway. As a condition of approval, the property owner or his/her representative, shall submit a photograph of the stream buffer area each year for a period of five years, to demonstrate that plantings are being maintained in a healthy condition. The monument sign is proposed on the east side of the existing driveway. The stream is located on the west side of the driveway, and includes the driveway and the area to the east of the driveway in which the monument sign is proposed for construction. In order to construct the monument sign proposed on the east side of the driveway within the stream buffer area, a reduction of the stream buffer width must be approved. TMC 18.45.100 (F) permits the Director to reduce a watercourse buffer width based upon the following criteria: a) The reduced buffer area does not contain slopes over 15%; The reduced buffer area proposed with this request does not contain slopes over 15 %. b) The buffer reduction is not greater than 50 %; The buffer reduction that is being requested is restricted to the area located on the east side of the driveway. The buffer reduction required in order to construct the monument sign in this area amounts to a 38% reduction in the buffer width. c) The buffer is vegetated and includes an enhancement plan as may be required to improve the buffer function and value; The buffer contains several mature trees, including two alders and a conifer that were originally proposed for removal. All existing trees located within the buffer JR Page 3 of 5 02/05/2009 1:38 PM H:\Special Permission \Villages at South Station'L08- 057 &- 058_Villages at South StationSR.doc • • will be retained, and additional mitigation and enhancement plantings will be provided within the stream buffer area, to include native trees and shrubs to provide shade to the stream channel. d) If there is no significant vegetation in the buffer, a buffer may be reduced only if an enhancement plan is provided. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the watercourse functions and values. Except for the northern part of the stream buffer where there are some mature trees, the buffer does not contain significant vegetation. The applicant has prepared an enhancement plan that includes removal of invasive and non - native vegetation currently located within the stream buffer, and installation of native plantings. Additional enhancement will occur on site to the south of where buffer impacts are proposed, where the stream channel continues on the south side of the existing driveway. CONCLUSIONS 1. The proposed landscaping and sidewalk with associated 30" retaining wall are permitted uses within the stream buffer area under TMC section 18.45.070 (B). 2. There are no slopes greater than 15% within the reduced buffer areas. 3. The requested buffer reduction is less than 50 %. 4. The mitigation and enhancement plan includes mitigation for the permanent impacts to the stream buffer that will occur with construction of the sidewalk and associated 30" retaining wall, and the monument sign. The plan includes removal of invasive and non - native plants currently located within the stream buffer, as well as adding native plantings to the stream buffer area where impacts are proposed and within an additional stream buffer area to the south. Also included are replacement trees required as part of the tree clearing permit (L08 -057), for those trees that were previously removed. RECOMMENDATION Staff recommends approval of the Special Permission permit with the following conditions: 1. A right -of -way permit must be obtained for any work proposed within the public right -of -way. This includes construction of a small piece of the new sidewalk where it connects to the sidewalks along S 154`h Street, as well as perimeter landscaping proposed along the north side of the Villages at South Station property. Any changes to the location of the sidewalk, retaining wall, or landscaping during review of the Public Works permit shall be reviewed by the Planning Department. JR Page 4 of 5 02/05/2009 1:38 PM H:\Special Permission\Villages at South Station1L08- 057 &- 058_Villages at South StationSR.doc • • 2. A preconstruction meeting to inspect erosion control measures within the stream buffer shall be held with the landscape architect, landscape contractor, property manager and DCD staff prior to any work being started within the stream buffer area. 3. The property owner(s), or his/her representative, shall submit a photograph of the stream buffer area each year for a period of five years, to demonstrate that plantings are being maintained in a healthy condition. 4. A metal or wood sign, with a treated wood, concrete or metal post shall be installed within the stream buffer on the west side of the driveway, which contains the following wording: "Protection of this natural area is in your care. Alteration or disturbance is prohibited pursuant to TMC Chapter 18.45. Please call the City of Tukwila for more information." ATTACHMENTS: Exhibit A: Villages at South Station Plan Set (Sheets L -0 through L -4, including revised sheets L -0 and L -4 dated January 28, 2009) cc: Ray Robinson, Applicant Whit Hamlin, Property Manager Department of Ecology Ginger Ferguson, Sound Transit Rod Kempkes, Sound Transit JR Page 5 of 5 02/05/2009 1:38 PM H: \Special Permission \Villages at South Station\L08- 057 &- 058_Villages at South StationSR.doc • Ciz of T Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF COMPLETE APPLICATION November 7, 2008 Mr. Ray Robinson Integrated Site Design 12743 26th Ave NE Seattle, WA 98125 Subject: Villages at South Station Tree Clearing and Special Permission Permits L08 -057 (Special Permission), L08 -058 (Tree Clearing Permit) RFA08 -220 Dear Mr. Robinson: Your applications for a Tree Clearing Permit and a Special Permission request to the Director to reduce the standard watercourse buffer of a Type 3 stream for the property located at 3724 S 154th Lane are considered complete as of November 7, 2008 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Please feel free to call me at (206) 431 -3659 with any questions. Sincerely, Jaimie Reavis Assistant Planner cc. L08 -057 L08 -058 JR Page l of l H:\Special Permission \Villages at South Station \Complete_L08 - 057- 058_Villages at South Station.doc 11/07/08 6300 Southcenter Boulevard. Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • City of rfu Jim Haggerton, Mayor Department of Community Development NOTICE OF INCOMPLETE APPLICATION October 14, 2008 Mr. Ray Robinson Integrated Site Design 12743 26th Ave NE Seattle, WA 98125 RE: Villages at South Station Tree Clearing and Special Permission Permits L08 -057 (Special Permission), L08 -058 (Tree Clearing Permit) RFA08 -220 Dear Mr. Robinson: Jack Pace, Director Your applications for a Tree Clearing Permit and a Special Permission request to the Director to reduce the standard watercourse buffer of a Type 3 stream for the property located at 3724 S 154t Lane have been found to be incomplete. In order to be a complete application, the following must be submitted to the permit center: 1) Materials for the Tree Clearing Permit: a. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property (attached) b. Written response to the approval criteria from TMC 18.54.130. Please include in this description the reason why the trees must be removed, and how the location and type of replacement trees will help enhance the stream buffer area. c. Describe any other measures proposed to restore the environmental and aesthetic benefits previously provided by on -site vegetation. d. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect onsite vegetation, sensitive areas, and sensitive area buffers. 2) Materials for the Special Permission application: a. A written description of all work proposed within the stream buffer area. Looking at the location of the proposed sidewalk, monument sign, retaining JR Page 1 of 2 H:\Special Permission \Villages at South Station\Incomplete_L 08- 057- 058_Villages at South Station.DOC 10/13/2008 4:37:00 PM 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • • wall, and any other structures or areas where the stream buffer will be disturbed, determine the minimum amount of buffer reduction necessary for the proposed scope of work. Note that the stream in this area is a Type 3 Watercourse, which requires an 80 -foot wide buffer. The maximum amount this buffer may be reduced is 50 %, or 40 feet. b. Make sure that what you are proposing to do meet the requirements of Tukwila's Sensitive Areas Ordinance, in Chapter 18.45 of the Tukwila Municipal Code. Provide a written response to the criteria allowing a variation of the standard watercourse buffer width contained in TMC 18.45.100 (F). Make sure to explain why a buffer reduction is needed and how the buffer enhancement plan will improve vegetation, slop a stability and water quality for the stream and its buffer. Upon receipt of these items, the City will re- review them for completeness and will mail you written notification of completeness or incompleteness within 14 days. This application will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to Section 18.104.070(E). Below are a couple of additional technical comments for your consideration, which you may choose to address with submittal of the items above or later during the review process once your application has been deemed complete: 1) Please make sure to coordinate your landscaping plan and proposed work with Sound Transit's planting plan for the area. 2) Required future permits: A building permit will be required for the retaining wall, a street use permit will likely be required for sidewalk construction, and a sign permit will be required for the proposed monument sign. Please note that there is a moratorium on freestanding/monument signs taller than six feet in height. If you have any questions with this matter you may call me at 206 - 431 -3659. Sincerely, Jaimie Reavis Assistant Planner JR Page 2 of 2 10/13/2008 4:37:00 PM H:\Special Permission \Villages at South Station\Incomplete_L08- 057- 058_Villages at South Station.DOC CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan a,ci,tukwila.wa,us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly swom 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 ;7 salmi I -1tt LANE Owner's real property, located at ss 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 T riA) i i.A (city), WA (state), on 3 f 'T - 20 DA Print Name !`f"r' RD Pit'Q Address 1A741-5 A-VE. N On this day personally appeared before me /tilt go /44509 to me known to be the individual who executed the foregoing instrument and acknowledged t beigg,.signed the same as ltis4gg voluntary act and deed for the uses and purposes mentioned therein. / ,gyp SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 3� & r DAY OF S 7 &g l , 20 0$ 1141.c.(Z 04-.64 NOT °°aeeasgQrmQ rilsey,F.1168AN Yo NOTARY PUBLIC in and for the State of Washington ee�4O. E.1",;•. 2��i�. OANy s a residing at �N.Jt�o� My Commission expires on 03 /IL/% 2,Q(l NpBLe• • :S °°; ° °s• r P:�Planning Fomn\ApplicationA2007 Applications\TreePennit• 12 -07.doc December 5,2007 • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan @ci.tukwila.wa.us TREE CLEARING PERMIT APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -TREE Planner: jajoiit Reath S File Number: t--° 3 -05-) Application Complete (Date: 1111 1(4 ) Project File Number: Application Incomplete (Date: to 114, l De ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: _25 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 3-24 SOL(U -] 4Ty L-ANr 1UKWi LA , WA • i8 IBS LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). ©043im33C 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. RECEIVED Name: PAY k0$t11dSBN / 3NTEARA?F_D giTE M-sie7N Address: la-743 { Ale. kit ant Phone: us t, — 36.3_ �D4-� I g g (1, —17 0t FAX: 36,x. -646o E -mail: R. (2AAWSON lam" I —S4 .Gat Signature: SEP 3 0 2008 COMMilA1iTY DEVELOP P:\PIanning Forms\ Applicabons12007 Applications \TreePermia I2 -07.doc December 5, 2007