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HomeMy WebLinkAboutPermit L09-051 - NELSON JEFFREY - SPECIAL PERMISSION BUFFER REDUCTIONNELSON & MARTIN SPECIAL PERMISSION BUFFER REDUCTION STORAGE SHED 1372- 45 °' AVE S L09-05 1 October 19, 2009 • City of Tukwila • Jim Haggerton, Mayor Department of Community Development TO: Jeff Nelson, Property Owner 13729 45th Ave S. Tukwila, WA 98168 NOTICE OF DECISION Jack Pace, Director King County Assessor, Accounting Division Washington State Department of Ecology 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: L09 -051 Applicant: Jeff Nelson, Property Owner Type of Permit Applied for: Special Permission -- Director request for a Critical Area Sensitive Area Ordinance deviation to allow a stream buffer reduction from 50 to 28 feet with enhanced landscaping Project Description: Jeff Nelson, property owner at 13729 45th Ave South in Tukwila, has applied for a Special Permission decision from the Director to allow a reduction of a required watercourse buffer. A Type 4 stream with a fifty foot buffer runs through the west half of the applicant's property. A building permit in not required if this application for Special Permission is granted. The applicant is requesting reduction of the standard fifty foot watercourse buffer to twenty-eight feet to allow construction of an 120 square foot detached shed on the north side of his existing house and to the west side of a new garage. Approximately sixty-five square feet of shed will occupy the buffer area. As proposed, the shed will encroach twelve feet into the buffer and a ten foot setback from the edge of the structure to the edge of the buffer is required. To enable this encroachment and setback, the buffer needs to be reduced by twenty-two feet. The buffer and setbacks on this property and the surrounding properties are degraded with homes, lawn, gravel and paving. The applicant is proposing planting with native shrubs to mitigate for the buffer reduction. Location: 13729 45th Ave S. Tukwila, WA 98168 Comprehensive Plan Designation/Zoning District: Low Density Residential (LDR) 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 application for a Special Permission to reduce the required stream from fifty feet to twenty-eight feet does comply with applicable City and state code requirements and has approved that application, based on the findings and conclusions contained in the staff report, and subject to the following conditions of approval: 1. The applicant is required to follow the attached instructions for planting alongside a stream. SM H:U.09 -051 Nelson SAO SP2\NOD SP SAO.doc Page 1 of 2 10/16/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665 • • 2. The applicant shall provide photo documentation once a year for three years to demonstrate that the plants have been installed and are thriving. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 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 Planning Commission 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 Planning Commission 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 July 23, 2009. 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. 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. 4. Appeal fee of $115. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Planning Commission based on the testimony and documentary evidence presented at the open record hearing. The Planning Commission decision on the appeal is the City's final decision. Any party wishing to challenge the Planning Commission decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the Planning Commission decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. 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 Stacy MacGregor, who may be contacted at 206 - 431 -7166 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 r• oved at the expiration of the appeal period if no appeal is filed. Dept, ent o Communi_ development City fTukwila SM H: \L09 -051 Nelson SAO SP2 \NOD SP SAO.doc Page 2 of 2 10/16/2009 • • City of Tukwila Department of Community Development MEMORANDUM Jim Haggerton, Mayor Jack Pace, Director October 19, 2009 TO: Jack Pace, Director, Department of Community Development FROM: Stacy MacGregor, Assistant Planner RE: L09 -051, Special Permission -- Director request for a Sensitive Area Ordinance deviation to allow a stream buffer reduction with enhanced landscaping SEPA This project is exempt from the State Environmental Policy Act under WAC 197 -11 -800 (1), minor new construction — flexible thresholds. BACKGROUND Jeff Nelson, property owner at 13729 45`h Ave South in Tukwila, has applied for a Special Permission decision from the Director to allow a reduction of a required watercourse buffer. A Type 4 stream with a fifty foot buffer runs through the west half of the applicant's property. A building permit in not required if this application for Special Permission is granted. The applicant is requesting reduction of the standard fifty foot watercourse buffer to twenty-eight feet to allow construction of an 120 square foot detached shed on the north side of his existing house and to the west side of a new garage. Approximately sixty-five square feet of shed will occupy the buffer area. As proposed, the shed will encroach twelve feet into the buffer and a ten foot setback from the edge of the structure to the edge of the buffer is required. To enable this encroachment and setback, the buffer needs to be reduced by twenty-two feet. The buffer and setbacks on this property and the surrounding properties are degraded with homes, lawn, gravel and paving. The applicant is proposing planting with native shrubs to mitigate for the buffer reduction. DECISION CRITERIA TMC 18.45.100 (F) permits the Director to reduce the standard watercourse buffers on a case -by -case basis, provided the buffer does not contain slopes 15% or greater. The area with a buffer reduction does not contain slopes greater than 15 %. The approved buffer width shall not result in a greater than a 50% reduction in width. The proposed shed will encroach no more than twelve feet into the fifty foot buffer. A ten foot setback from the edge of the building is required which reduces the buffer by no more than 22 feet, less than a 50% reduction in width. Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not resulting in direct, indirect or long -term adverse impacts to watercourses, The existing buffer is degraded with structures and minimal landscaping. The landscaping proposed will improve the buffer and the sixty-five square feet of shed in the buffer are not expected to cause a negative impact. and that:. SM H:Q09 -051 Nelson SAO SP2\SR SAO SP.doc Page 1 of 2 10/16/2009 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 - 431 -3665 • • a. The buffer is vegetated and includes an enhancement plan as may be required to improve the buffer function and value; or The buffer is not vegetated aside from some ground covers, typically lawn. b. 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 function and values. City staff conducted a site visit and worked with the applicant to develop a planting plan that will enhance the buffer. The current buffer is degraded with development and a lack of plantings along the property and adjacent properties. The proposed planting plan will add native plants to the buffer to provide shade, bank stabilization, and enhance the buffer functions. The City will add guidelines for planting as well as require the applicant to provide three years of photo documentation that the plants are thriving. CONCLUSIONS The existing buffer and buffer setback are impacted with development and sixty-five square feet of shed is not expected to have an adverse impact. The buffer is currently degraded and adding native plants to the buffer area should increase the buffer function. RECOMMENDATION Staff recommends approval of the Special Permission permit with the following conditions: 1. The applicant is required to follow the attached instructions for planting alongside a stream. 2. The applicant shall provide photo documentation once a year for three years to demonstrate that the plants have been installed and are thriving. INFORMATIONAL ITEMS 1. A building permit is not required for the proposed shed if the shed is 120 square feet or less. ATTACHMENTS A: Site Plan (2 pages) B: Landscaping instructions cc: Jeff Nelson, Property Owner Department of Ecology King County Assessors Office SM H:\1.09 -051 Nelson SAO SP2 \SR SAO SP.doc Page 2 of 2 10/16/2009 • 0 Ocean Spray 0 Mock Orange Serviceberry �nI Design and Layout Pare 1 • RECEIVED OCT. 1 4 2009 COMMUNITY DEVELOPMENT RECENED OCT 14 2009 COMMUNITY DEVELOPLIIIEHT • • How to plant native plants for mitigation projects When to plant: Fall is the perfect time to plant, as long as the ground is not frozen. If freezing weather is forecast right after plants are installed, they should be mulched right away to protect the roots. Spring planting is acceptable. Site preparation: 1. If installing individual plants in an existing landscape: • Dig/pull out any invasive plants or groundcover for about 3 feet around each planting site • Loosen soil in the planting area prior to planting and remove any roots prior to planting 2. If doing a larger enhancement/restoration planting • Remove all invasive species by hand pulling/digging, mowing and/or covering with sheets of cardboard topped with about 3 inches of wood chips (called sheet mulching). Care must be taken not to disturb roots of trees and shrubs that are being retained. • Till to a depth of at least 18 inches, taking care not to disturb roots of existing trees or shrubs that are being retained. • Till in three inches of compost or approved organic amendment across all areas to be planted. How to Plant: 1. Dig a hole that is just shallower than the size of the root ball and just wider than the size of the root ball. Planting pits must be only the depth of the existing root ball or else the bottom of the planting pits must be compacted prior to planting to insure there is no settling. If planting on a slope, dig a shelf that is two to three times the size of the plant root ball (see diagram at right). 2. Root balls of potted and balled and burlapped (B &B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. At least the top half of burlap and any wire straps are to be removed from B &B plants prior to planting. The plant should be completely vertical. The top of the root flare, where the roots and the trunk begins, should be about one inch from the surrounding soil. 3. Fill the hole with the original soil, watering to remove air pockets. If planting on a slope, create a soil berm at the front of the plant. Water the tree or shrub again after the transplant is complete. 4. Spread 4 inches of arborist chip mulch over the entire planting area. The mulch should not touch the plant trunk or the tree root flare. Maintain at least a three inch mulch -free ring around the base of the plant trunks, woody stems and crowns of perennial plants. Layer of Shredded Bark Mulch Shrub Original Slope lea . /111W- 1/Mi 011 Il 1114 1..e Undisturbed Soil Watering Basin Amended Soil Plantina on a Slope Monitoring and Maintenance 1. Monitor for and remove invasive plants from at least 3 feet around each plant. In wetlands, watercourses and their associated buffers, pesticides and non - organic fertilizers are not permitted. 2. Soils may be amended with compost, topsoil, organic fertilizers, or mulch. 3. Watering is required for at least three dry seasons or until plants are well established. Temporary irrigation techniques including hand watering, soaker hoses, slow release watering bags, and above ground sprinklers. SM Page 1 10/16/2009 H: \planting guidelines.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!u�ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY RECEIVED OCT ' 14 2009' COMMUNITY DEVELOPMENT 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 rept cscntatives the right to enter upon Owner's real property, located at _ 13729 45th Ave So Tukwila Washington 98168 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. ss EXECUTED at (city), COP- ' (state), on C1 L l 3 , 20 t / Print Name Jeffrey S Nelson Address 13729 45th Ave So, Tukwila Wash. 98168 Phone Number (206) -324 -3456 Signature�.�' On this day personally appeared before me 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 1 DAY OF J ,20 C/ NOTARY PUBLIC in and for residing at of Was 'ngton Vin , LL)/ My Commission expires on a 4 ney's Nursery, Inc. PO Box 13150 Des Moines, WA 98198 206 - -87B- 8761 /www.furneysnursery.com CASHIER: 12 INVOICE: 8010245 REGISTER: 245 10/14/09 12:01 Amelanchier alnifolia -1 gal 447744042192 1 @$7.99 Cornus stolonifera -5 gal 014949278659 1 @$24.99 $7.99 $24.99 Philadelphus virginalis 'Natchez' -5 gal 014949644256 1 @$42.99 $42.99 Holodiscus discolor- -1 gal 410000028650 1 @$8.99 Greenhouse Medium Bark Nuggets -2cu 025962080518 1 @$4.99 $8.99 $4.99 SUBTOTAL: $89.95 SALES TAX: $8.53 TOTAL: $98.48 Ccard $98.48 CHANGE: $0.00 Plant Return Policy: Plants must be returned within 3 days of purchase and in healthy condition (well watered, etc.) Receipt is req'd.Plant returns subject to manager approval. All discount sales are final. Thank you for shopping at Furney's. .. CUSTOMER COPY -- CUSTOMER COPY RECEIVED OCT 14 2009 DEVELOPMENT . 1 RECEIVE. CITY OF TUKWILA OCT i 14 2009 Department of Community DevelopmengoM opt T SPECIAL 6300 Southcenter Boulevard, Tukwila, WA 98 PER1VIISSION Telephone: (206) 431 -3670 FAX (206) 431 -3665 E -mail: tukplan@ci.tukwila.wa.us DIRECTOR APPLICATION NAME OF PROJECT/DEVELOPMENT: 10 X 12 FOOT STORAGE SHED AT THE RESIDENCE OF JEFFREY NELSON AND JOAN MARTIN LOCATION OF PROJECT/DEVELOPMENT: 13729 45`h Ave So Tukwila Washington 98168 LEGAL DESCRIPTION RIVERTON MACADAM ROAD TRS LOT 17 TGW S 25 FT OF LOT 18 CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO L2000 -007 RECORDING NO 2000330001376 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: Jeffrey Nelson Address: 13729 45th Ave So Phone: 206 - 324 -3456 E -mail: Jefferjs @Comcast.net Signature: FAX: 206 -691 -8609 Date: /0 " /3-0°1 FOR STAFF USE ONLY Permits Plus Type: P-SP Planner: Mac 1rc r File Number: LOO) --OS I Application Complete (Date: v ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: 10 X 12 FOOT STORAGE SHED AT THE RESIDENCE OF JEFFREY NELSON AND JOAN MARTIN LOCATION OF PROJECT/DEVELOPMENT: 13729 45`h Ave So Tukwila Washington 98168 LEGAL DESCRIPTION RIVERTON MACADAM ROAD TRS LOT 17 TGW S 25 FT OF LOT 18 CITY OF TUKWILA BOUNDARY UNE ADJUSTMENT NO L2000 -007 RECORDING NO 2000330001376 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: Jeffrey Nelson Address: 13729 45th Ave So Phone: 206 - 324 -3456 E -mail: Jefferjs @Comcast.net Signature: FAX: 206 -691 -8609 Date: /0 " /3-0°1 • Jeff Nelson 13729 45th Ave 5o Tukwila, WA. 98168 October 13, 2009 CITY of TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Sensitive Area Studies and enhancement Plans Owner: Jeff Nelson Address: 13729 45th AVE. SO Tukwila WA. 98168 Parcel # 7347600225 Dear CITY of TUKWILA: We are requesting a Buffer Reduction in the area where we intend to install as small 10 x 12 storage shed. It is estimated that this buffer reduction will only require approximately 65 square feet out the entire 120 square foot shed. (See Attached Site Plan) I have consulted with Sandra Whiting from your office and she suggested that we enhance the buffer with some native plants (Listed below). We have agreed that we will plant 4 to 5 of these plants along the upper north east bank of the creek. (See Attached Plant Layout) I will send pictures once the planting has been completed. Also, we have planted grass in an area of the buffer zone that did not have grass in it before. Even though the shed will extend into the buffer zone, it will not result in any type adverse impact to the sensitive area. In accordance with TMC 18.45.090D • • CITY of TUKWILA October 13, 2009 Page 2 PLANT LIST Red flowering currant (Ribes sanguineum) Ocean Spray (Holodiscus discolor) Mock Orange (Philadelphus lewisii) serviceberry (Amelanchier alnifolnia) Tall Oregon Grape (Mahonia aquifolium) Red Osier Dogwood (Cornus sericea) Twinberry (Lonicera involucrata) Pacific Ninebark (Physocarpus capitatus) In CLOSING Per the special permissions director, sections 8 and 9.1 am including two copies of the site plan, two copies of an area map, depicting the location of the shed, along with this sensitive area studies, and enhancement plan. In addition to the above enhancements, we intent to do some planting around the shed once it is installed. We go to a lot of effort, and take great pride in our landscaping and have no intentions of causing any kind of adverse problems with it. Sincerely, Jeff Nelson ENCLOSURE Signature: Date: 10/13/2009 RECEIVED OCT 14 2OOg' COMMUNITY DEVELOPMENT nhancement Plan Rejuv pale landscaping with native, waterwise plants Enhance Sensitive area Buffer Zone se. plants that attract butterflies and birds IONSTRAINTS o, Budget = sioo o Need to complete by ASAP Overview Page 1 on bgir Nati9e'Plants on the North East Bank of the Creek. • NOTES Add Bark SUPPLIER Furnie's Work Specification Page 1 RECEIVED OCT 14 2009' COMMUNITY DEVELOPMENT SIZE COST COMMON NAME • RECEIVED OCT 14 2009 COMMUNITY DEVELOPMENT QUANTITY TOTAL COST AMEL NCHIER ALNIFOLNIA i Gal $7.99 Service Berry 1 $7.99 CORN;US SERICEA 5 Gal $24.99 Red Osier Dogwood 1 $24.99 HOWL ®DISCUS 1Gal 38.99 Ocean Spray 1 8.99 PHILADELPHUS LEWISII 5 Gal $42.99 Mock Orange 1 42.99 Greenhouse Medium Bark 1 Bag 4.99 Bark Nuggets 1 $4.99 Plant Cost 389.95 Tax 38.53 Total Plant Cost 98.48 Plant List and Cost Page 1