HomeMy WebLinkAboutPlanning 2017-03-02 Item 4 - Inspirus Credit Union - Attachment F - Notice of Decision and Staff Report of Special Permission for Stream Buffer ReductionCity of Tukwila
Allan Ekberg, Mayor
Department of Community Development Jack Pace, Director
February 15, 2017
NOTICE OF DECISION
TO: Matthew Laase, Jackson Main Architecture, Applicant
Washington State Department of Ecology- Sepa Review
Washington State Department of Fish and Wildlife
King County Department of Assessments
Muckleshoot Indian Tribe
Greg and Vanessa Zaputil
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: L16 -0067, Special Permission from the Director
Applicant: Matthew Laase, Jackson Main Architecture for Inspirus Credit
Union
Type of Permit Applied for: Type 2 Special Permission from the Director.
Project Description:
Special Permission to reduce a watercourse buffer from 80' to 40'
and request for waiver of setback from the buffer's edge. The
proposal includes enhancement of the reduced watercourse buffer.
Location: 5200 and 5290 Southcenter Blvd, Tukwila WA (King County parcel
#s 1157200013 and 1157200021)
Associated Files:
E16 -0011 (Environmental Review)
L16 -0064 (Design Review)
L16 -0068 (Special Permission- Parking Reduction)
COMPREHENSIVE
PLAN DESIGNATION: Office (0)/ Regional Commercial Mixed Use (RCM)
ZONE DESIGNATION: Office (0)/ Regional Commercial Mixed Use (RCM)
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206 - 431 -3670 • Fax: 206 -431 -3665
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II. DECISION
SEPA Determination: The City SEPA Responsible Official has previously determined that the
project, as proposed, does not create a probable significant environmental impact and issued a
Determination of Non - Significance (DNS) on December 21, 2016.
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:
1. Provide a financial guarantee in the amount of 150% of the cost of monitoring and
maintenance of the required stream buffer mitigation prior to final inspection.
2. Maintenance and monitoring of the mitigation area is required for five years. Contingency
measures will be initiated if buffer fails to meet any performance standards at any time
throughout the monitoring period.
3. Sequence of construction and maintenance of the mitigation shall follow the sequence
described on pages 14 and 15 of Exhibit A, Sensitive Area Study. No plantings in the buffer
shall be planted prior to completion of the Inspirus building addition.
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.
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 1, 2017.
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.
ATTACHMENT F
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.
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 Lindsay Brown, who may be contacted at
Lindsay. brownAtukwilawa.gov or 206.433.7166 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 removed at the expiration of the appeal period if no
appeal is filed.
Nora Gierloff, Deputy Dire(
Department of Communi Development
City of Tukwila
ATTACHMENT F 55
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
STAFF REPORT
Inspirus Credit Union Special Permission- Buffer Reduction
February 8, 2017
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
SEPA
DETERMINATION:
COMPREHENSIVE
PLAN DESIGNATION:
ZONE DESIGNATION:
STAFF:
ATTACHMENTS:
L16 -0067
Matthew Laase, Jackson Main Architecture for Inspirus Credit
Union
Approval of Special Permission — Director Review to reduce ao
watercourse buffer from 80' to 40', enhancement of a reduced
watercourse buffer, and a waiver of the 15 -foot building setback
from the buffer edge.
5200 Southcenter Blvd, Tukwila WA (parcel #s 1157200013 and
1157200021)
Determination of Non - Significance (DNS) issued for E16 -0011 on
December 21, 2016.
Office (0)/ Regional Commercial Mixed Use (RCM)
Office (0)/ Regional Commercial Mixed Use (RCM)
Lindsay Brown, Assistant Planner
Andrea Cummins, Urban Environmentalist
A. Sensitive Area Study: Inspirus Credit Union, The Watershed
Company, October 24, 2016.
B. Project Description for Proposed Sensitive Area Buffer
Reduction, prepared by Jackson Main Architecture, October 21,
2016.
C. Sensitive Areas Plan, Sheet L2.00 Revised. Received on
January 11, 2017.
D. Mitigation Planting Plan and Plant Installation Details, Sheet
L2.01 Revised. Received on January 11, 2017.
E. Comments from Karen Walters, Muckleshoot Tribe.
F. Comments from Greg and Vanessa Zaputil.
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Tukwila City Hall • 6200 Sauthcenter Boulevard • Tukwila, WA 98188 • 206- 433 -1800 • Website: TukwilaWA.gov
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PROJECT DESCRIPTION
Applicant has requested a Special Permission - Director Review to reduce a watercourse
buffer from 80' to 40' for a small daylighted stream section of Gilliam Creek, and to
restore the reduced width buffer with native plants. Commercial buildings are required to
be set back 15 feet from a buffer edge; the applicant requests a waiver of the setback
pursuant to TMC 18.45.100.D. This proposed project is to construct a 14,395 ft2 addition
to the existing 49,511 ft2 office building including an expansion of the basement parking
garage. It is subject to Design Review approval by the Board of Architectural Review.
Additionally, a Special Permission- Director approval is required for a parking reduction
of up to 10 %.
Portions of the existing office building and surface parking are within the existing 80'
stream buffer. Most of the addition of the building will be sited between the existing 80'
buffer and the proposed 40' buffer. The outer edge of the future building addition hugs
the reduced 40' watercourse buffer edge.
The buffer restoration proposed consists of invasive plant removal and planting native
species of trees, shrubs and groundcover appropriate for stream banks and wetland
areas. The existing freestanding building is also proposed to be removed. The applicant
proposes to make an outer portion of the restored stream buffer an amenity for office
tenants with a crushed rock path and a few benches for passive recreation use
proposed adjacent to the building addition.
Restoration of the degraded buffer begins with removal of invasive species (English ivy
and Japanese knotweed) in the steep ravine of the daylighted stream and adjacent
sloping areas to the north and west of the stream, and removal of the existing
freestanding structure and gravel parking lot directly south of the stream. Temporary
erosion and sediment control measures would be installed prior to invasive plant
removal, and all construction would occur prior to mitigation planting. Work will not
occur water ward of the Ordinary High Water Mark (OHWM). After construction of the
building addition, the plantings and crushed rock can be planted and placed. After the
buffer mitigation is accepted by the City, the five -year monitoring period will begin.
BACKGROUND
This area was annexed to Tukwila in 1967 (Tukwila Ordinance 493). According to King County
Assessor's data, the office building at 5200 Southcenter Blvd. was built in 1986 and was known
as Parkside Office Building. The building has since been remodeled several times as tenants
have changed. Wireless communication facilities were constructed on the roof in 2002 and 2004,
with base station equipment housed in the garage.
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The structure at 5290 Southcenter Blvd. was constructed in 1948, and has housed an insurance
company and a tarot/palm reader business in the recent past. Currently the building is used as an
office for Allied Barton security and the site used as additional parking for Inspirus Credit Union
employees. There have been several code enforcement cases opened and closed for the site for
illegal taxi businesses, unpermitted signs and tenant improvements, and the construction of a
retaining wall around the stream- all under prior ownership. Inspirus Credit Union (then School
Employees Credit Union of Washington) purchased the site in 2015.
There is a code enforcement case (CE16 -0117) opened in April of 2016 that is still outstanding;
the code violation will be resolved with successful mitigation plantings of native vegetation
associated with approval of this proposal.
DECISION CRITERIA
This report provides an overview of project consistency with applicable criteria for allowed uses
in sensitive areas, followed by discussion of the mitigation plan, comments, conclusions, and
recommendations.
CRITERIA
STAFF ANALYSIS
18.45.070 Sensitive Area Permitted Uses
B. PERMITTED USES SUBJECT TO
ADMINISTRATIVE REVIEW
The applicant has applied for a Special
The following uses may be permitted only after administrative
Permission Review to landscape a
review and approval by the Director:
reduced buffer width with native plants.
4. Enhancement or other mitigation including landscaping
with native plants.
18.45.100 Watercourse Designations, Ratings and
Buffers
B. WATERCOURSE BUFFERS
A portion of the 5200 office building and
Any land alteration must be located out of the buffer areas
the entirety of the 5290 building are
as required by this section. Watercourse buffers are
located within the existing 80 -ft.
intended in general to:
watercourse buffer. The applicant has
1. Minimize long -term impacts of development on properties
applied for Special Permission Review
containing watercourses;
to reduce the width of the buffer to 40
2. Protect the watercourse from adverse impacts during
feet. The proposed building addition
development;
would then be located entirely outside of
3. Preserve the edge of the watercourse and its buffer for its
the watercourse buffer area, with just a
critical habitat value;
small sliver of the existing office building
4. Provide shading to maintain stable water temperatures
and vegetative cover for additional wildlife habitat;
remaining in the buffer.
5. Provide input of organic debris and uptake of nutrients;
The mitigation plantings will improve the
6. Provide an area to stabilize banks, to absorb overflow
habitat value and function of the
during high water events and to allow for slight variation of
watercourse over its currently degraded
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aquatic system boundaries over time due to hydrologic or
climatic effects;
7. Reduce erosion and increased surface water runoff;
8. Reduce loss of, or damage to, property;
9. Intercept fine sediments from surface water runoff and
serve to minimize water quality impacts; and
10. Protect the sensitive area from human and domestic
animal disturbance. An undisturbed sensitive area or
buffer may substitute for the yard setback and landscape
requirements of TMC Chapter 18.50 and 18.52.
state. Protection from human
disturbance will be increased with the
proposal, as the sensitive area will be
identified on the crushed rock trail and
the walking areas clearly defined.
C. WATERCOURSE BUFFER WIDTHS
The following buffer widths, measured from the Ordinary
The portion of Gilliam Creek that is
High Water Mark (OHWM), apply to each side of a
daylighted on the Inspirus site is
watercourse. If the OHWM cannot be determined, then the
classified as a Type 3 watercourse, both
buffer will be measured from the top of bank:
on the City's Sensitive Areas Map and in
1. Type 1 (S) Watercourse: Regulated under TMC Chapter
the Sensitive Area Study (Exhibit A)
18.44, Shoreline Overlay.
submitted by the applicant. The current
2. Type 2 (F) Watercourse: 100 - foot -wide buffer.
buffer for the daylighted portion of the
3. Type 3 (Np) Watercourse: 80- foot -wide buffer.
Creek is 80 feet wide.
4. Type 4 (Ns) Watercourse: 50- foot -wide buffer.
D. BUFFER SETBACKS
1. All commercial and industrial buildings shall be set back
As part of this Special Permission
15 feet and all other development shall be set back 10
request, a waiver is requested from the
feet. Building setbacks shall be measured from the
15 -foot setback for commercial buildings
foundation to the buffer's edge. Building plans shall also
identify a 20 -foot area beyond the buffer setback within
which the impacts of development will be reviewed.
from the buffer edge.
The native plants comprising the
2. The Director may waive setback requirements when a site
mitigation plan will not be planted until
plan demonstrates there will be no impacts to the buffer
the building has been constructed.
from construction or occasional maintenance activities
Temporary erosion and sediment
(see TMC Figure 18 -2).
controls will be in place to minimize
potential impacts to water quality
stemming from construction activities.
Once the building is completed,
mitigation work can begin. This
sequence of construction ensures there
will be no impact to the buffer from
construction activities. After the native
plants are established, occasional
maintenance activities are limited to the
monitoring and re- establishment of
plants in the buffer itself.
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E. VARIATION OF STANDARD WATERCOURSE
BUFFER WIDTH
1. The Director may reduce the standard watercourse
buffers on a case -by -case basis, only where the buffer is
significantly degraded (due to existing development
within the prescribed buffer width, the presence of
significant amount of invasive vegetation that impairs
buffer function, and /or lack of native vegetation), provided
the remaining buffer is enhanced in accordance with an
approved buffer enhancement plan, prepared by a
qualified professional, and does not contain slopes 15%
or greater. Where a buffer has a variable topography that
includes Class I slopes on the landward portion of the
buffer, a buffer reduction may be allowed if the proposed
reduction is in the area with the Class I slopes, and a 10
foot planted setback from the top of the slope is
maintained. Further, a geotechnical review of the
proposed buffer enhancement plan must determine that
the buffer enhancement can be implemented without
destabilizing the slope. The approved buffer width shall
not result in greater than a 50% reduction in width. Any
buffer reduction proposal must demonstrate to the
satisfaction of the Director that it will not result in direct,
indirect or long -term adverse impacts to watercourses,
and that:
a. The buffer is vegetated and includes an on -site buffer
enhancement plan prepared by a qualified
professional, to retain existing native vegetation and
install additional native vegetation in order to improve
the buffer function; or
b. If there is no significant vegetation in the buffer, a
buffer may be reduced only if an on -site buffer
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.
2. Buffers for all types of watercourses will be increased
when they are determined to be particularly sensitive to
disturbance or the proposed development will create
unusually adverse impacts. Any increase in the width of
the buffer shall be required only after completion of a
watercourse study by a qualified specialist or expert that
documents the basis for such increased width. An
increase in buffer width may be appropriate when:
The existing buffer conditions can be
described as extremely degraded. Only
a very small section of the creek is
daylighted, and what is daylighted is of
very poor habitat quality due to invasive
species presence and a concrete
barrier, in addition to a stormwater grate
and a steep grade at the eastern edge
plunging a piped section of the creek
under Interstate 5.
The request, if approved, will not result
in a reduction in buffer width greater
than 50 %.
The plan proposed by the applicant
corresponds with criteria b. There are
only two native plants (one snowberry
and one maple) in the existing buffer,
and since they are of poor condition,
they will be removed if the special
permission is granted. The mitigation
plan for the buffer includes one tree,
seven shrub, and eight groundcover
species which will improve the function
of the buffer significantly from its current
degraded state.
The proposal would add protection to
the stream via buffer enhancement with
native plantings and monitoring.
The current condition of the buffer is
degraded. Proposed enhancement
includes planting vegetation that would
improve both habitat quality and
hydrology, and the removal of non-
native invasive species.
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a. The development proposal has the demonstrated
potential for significant adverse impacts upon the
watercourse that can be mitigated by an increased
buffer width; or
b. The area serves as habitat for endangered,
threatened, sensitive or monitor species listed by the
federal government or the State.
3. Every reasonable effort shall be made to maintain
the existing viable native plant life and non - invasive
significant trees in the buffers. Vegetation may be
removed from the buffer as part of an enhancement plan
approved by the Director. Enhancements will ensure that
slope stability and watercourse quality will be maintained
or improved. Any disturbance of the buffers for
watercourses shall be replanted with a diverse plant
community of native northwest species that are
appropriate for the specific site as determined by the
Director. If the vegetation must be removed, or because of
the alterations of the landscape the vegetation becomes
damaged or dies, then the applicant for a permit must
replace existing vegetation along watercourses with
comparable specimens, approved by the Director, that will
restore buffer functions within five years.
4. The Director shall require subsequent corrective
actions and long -term monitoring of the project if adverse
impacts to regulated watercourses or their buffers are
identified.
18.45.110 Watercourse Alterations and Mitigation
C. MITIGATION PLAN CONTENT
All impacts to a watercourse that degrade the functions of the
watercourse or its buffer shall be avoided. If alteration to the
watercourse or buffer is unavoidable, all adverse impacts
resulting from a development proposal or alteration shall be
mitigated in accordance with an approved mitigation plan as
described below.
1. Mitigation plans shall be completed for any proposals of
dredging, filling, diverting, piping and rerouting of
watercourses or buffer impacts and shall be developed as
part of a sensitive area study by a specialist approved by
the Director. The plan must show how water quality,
treatment, erosion control, pollution reduction, wildlife and
fish habitat, and general watercourse quality would be
improved.
The mitigation plan (Exhibit D) follows
the performance standards of TMC
18.45.110. The buffer reduction is an
alteration to a watercourse buffer, but
will not result in adverse impacts
because of the current degraded state of
the buffer.
The City's Urban Environmentalist has
reviewed the mitigation plan and agrees
with the proposed plant species and
quantity of the proposed mitigation. The
environmental goal of the mitigation plan
is to improve water quality, hydrologic
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2. The scope and content of a mitigation plan shall be
decided on a case -by -case basis taking into account the
degree of impact and extent of mitigation measures
needed. As the impacts to the watercourse or its buffer
increase, the mitigation plan to offset these impacts will
increase in extent and complexity.
3. The components of a complete mitigation plan are as
follows:
a. Baseline information including existing watercourse
conditions such as hydrologic patterns /flow rates,
stream gradient, bank full width, stream bed conditions,
bank conditions, fish and other wildlife use, in- stream
structures, riparian conditions, buffer characteristics,
water quality, fish barriers and other relevant
information.
b. Environmental goals and objectives that describe the
purposes of the mitigation measures. This should
include a description of site selection criteria,
identification of target evaluation species and functions.
c. Performance standards for fulfilling environmental
goals and objectives and for triggering remedial action
or contingency measures. Performance standards may
include water quality standards, species richness and
diversity targets, habitat diversity indices, creation of
fish habitat, or other ecological, geological or
hydrological criteria.
d. Detailed construction plan of the written specifications
and descriptions of mitigation techniques. This plan
should include the proposed construction sequence
and construction management, and be accompanied
by detailed site diagrams and blueprints that are an
integral requirement of any development proposal.
e. Monitoring and /or evaluation program that outlines the
approach for assessing a completed project. An outline
shall be included that spells out how the monitoring
data will be evaluated by agencies that are tracking the
mitigation project's process. For projects that discharge
stormwater to a stream, the Director may require water
quality monitoring.
f. Contingency plan identifying potential courses of action
and any corrective measures to be taken when
monitoring or evaluation indicates project performance
standards have not been met. g. Performance security
or other assurance devices as described in TMC
Section 18.45.210.
and habitat function of the Gilliam Creek
buffer.
The environmental goal will be met via
the following performance goals: 1)
achieve 100% survival of container -
installed vegetation at the end of year 1.
2) Achieve 30% cover of native woody
vegetation by end of Year 2, 50% cover
by end of year 3, and 80% cover by end
of year 5. 3) establish at least 1 species
of native trees, 5 species of native
shrubs and 2 native /perennial species
by year 5.
The performance standard of 80%
survival rate of planted vegetation at the
end of the 5 -year monitoring period is
required. Adequate maintenance
specifications including weekly watering
of plants from June 1St through
September 15th for the first three
growing seasons, at least twice - yearly
weeding, and replanting of dead plants
in the fall dormant seasons.
Adequate plant installation details for
shrubs, seedlings and bare root plants
are proposed. Contingency plan
includes replacement of dead plants.
Annual reports will be submitted to the
City's Urban Environmentalist annually
beginning with the first summer or fall
after installation. A bond for 150% of the
anticipated labor and materials cost is
required prior to inspection of the
mitigation installation. Should
performance measures not be met, the
monitoring plan will be extended and the
bond will not be released until mitigation
is deemed to be satisfactory to the City.
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ATTACHMENT F 63
D. MITIGATION STANDARDS.
1. The Washington "Stream Habitat Restoration Guidelines"
The culverts on both ends of the
(Washington State Aquatic Habitat Guidelines Program,
daylighted portion of Gilliam Creek will
Washington Department of Ecology, US Fish and Wildlife
remain so the stream functions will not
Service, Washington Department of Fish and Wildlife, 2004
reach or exceed original levels, but the
or as amended) shall be used as Best Available Science for
bank and buffer of the daylighted portion
the development of watercourse and buffer mitigation
will be restored to an enhanced state.
techniques.
Approval of this project means the bank
2. The following shall be considered the minimum standards
and buffer areas will be planted with
for approved stream alterations:
native vegetation, resulting in significant
a. Maintenance or improvement of stream channel habitat
and dimensions such that the fisheries habitat functions
of the compensatory stream reach or exceed that of the
original stream;
b. Bank and buffer configuration restored to an enhanced
state;
c. Channel, bank and buffer areas replanted with native
vegetation that improves the original in species diversity
and density;
d. Stream channel bed and biofiltration systems equivalent
to (in the case of public drainage maintenance projects)
and better than in the original stream (in the case of
other kinds of projects);
e. Original fish and wildlife habitat enhanced unless
technically not feasible.
habitat and water quality improvements.
3. Relocation of a watercourse shall not result in the new
sensitive area or buffer extending beyond the development
site and onto adjacent property without the written
agreement of the affected property owners.
18.45.210 Assurance Device
Prior to the final inspection of the
A. In appropriate circumstances, such as when mitigation
mitigation planting the applicant shall
is not completed in advance of the project, the Director may
provide a cost estimate of the monitoring
require a letter of credit or other security device acceptable
for five years. Additionally, a financial
to the City to guarantee performance and maintenance
guarantee equal to 150% of the cost of
requirements of TMC Chapter 18.45. All assurances shall be
on a form approved by the City Attorney and be equal to
monitoring shall be required.
150% of the cost of the labor and materials for
implementation of the approved mitigation plan.
B. When alteration of a sensitive area is approved, the
Director may require an assurance device, on a form
approved by the City Attorney, to cover the cost of
monitoring and maintenance costs and correction of
possible deficiencies for five years. In the event that more
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than five years monitoring and maintenance is required, the
amount of security required will be for the first five years and
years 7 and 10. If at the end of five years performance
standards are not being achieved, an increase in the
security device may be required by the Director. When
another agency requires monitoring beyond the City's time
period, copies of those monitoring reports shall be provided
to the City.
C. The assurance device shall be released by the Director upon
receipt of written confirmation submitted to the Department
from the applicant's qualified professional that the mitigation
or restoration has met its performance standards and is
successfully established. Should the mitigation or restoration
meet performance standards and be successfully
established in the third or fourth year of monitoring, the City
may release the assurance device early. The assurance
device may be held for a longer period, if at the end of the
monitoring period, the performance standards have not been
met or the mitigation has not been successfully established.
In such cases, the monitoring period will be extended and
the bond held until the standards have been met.
D. Release of the security does not absolve the property owner
of responsibility for maintenance or correcting latent defects
or deficiencies or other duties under law.
COMMENTS
A Notice of Application was mailed on November 17, 2016 to the applicant and to departments
and agencies with jurisdiction pursuant to TMC 18.104.090. The comment period ended on
December 1, 2016 and two comment letters were received. These comments from the
Muckleshoot Tribe and Greg and Vanessa Zaputil are included in this staff report as
attachments E and F. City response to Karen Walter's comments are incorporated in
attachment E. Because the Zaputil's comments apply to the construction phase and also to
parking concerns, they will be addressed in the Special Permission- Parking Reduction request
and in the Board of Architectural Review's consideration of the Design Review application
rather than in this discussion of the sensitive area buffer and mitigation.
CONCLUSIONS
1. Gilliam Creek, which daylights on the property is mapped as a Type 3 watercourse
which has an 80 -foot buffer per the City's Environmentally Sensitive Areas regulations
(TMC 18.45.100)
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3. Impacts to the buffer are proposed to be mitigated and the impacted area shall be
restored and enhanced through the addition of native trees, shrubs, and groundcover
in compliance with restoration requirements for sensitive areas.
4. The applicant has demonstrated compliance with mitigation sequencing requirements
and with the criteria for approval of alterations and mitigation for watercourses.
5. Through construction and mitigation sequencing, the applicant demonstrates there will
be no impacts to the newly enhanced buffer from construction or occasional
maintenance activities.
RECOMMENDATIONS
Staff recommends approval of the Special Permission permit to reduce the watercourse buffer
from 80 feet to 40 feet and a waiver of the 15- foot building setback from the buffer edge with
the following conditions:
1. Provide a financial guarantee in the amount of 150% of the cost of monitoring and
maintenance of the required stream buffer mitigation prior to final inspection.
2. Maintenance and monitoring of the mitigation area is required for five years.
Contingency measures will be initiated if buffer fails to meet any performance
standards at any time throughout the monitoring period.
3. Sequence of construction and maintenance of the mitigation shall follow the
sequence described on pages 14 and 15 of Exhibit A, Sensitive Area Study. No
plantings in the buffer shall be planted prior to completion of the Inspirus building
addition.
Phone: 206-4334800 • Email: Mayor @TukwilaWA.gov • Website: TukwilaWA.gov
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