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HomeMy WebLinkAboutPermit PL11-044 - CHAUFTY JIM - TREE PERMITJIM CHAUFTY 14702 51ST AVE S PLI 1-044 LII-049 TREE REMOVAL PERMIT City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director STAFF REPORT for TREE CLEARING PERMIT DATE: December 16, 2011 TO: Minnie Dhaliwal, Planning Supervisor, Department of Community Development FROM: Stacy MacGregor, Assistant Planner RE: L11-049 Tree Clearing Permit for Jim Chaufty Residence, 14702 51st Avenue South BACKGROUND: On June 16, 2011, the City of Tukwila initiated a Pre -Notice of Violation to Jim Chaufty for removing trees without a tree clearing permit. The trees were removed in June of 2010 and repeated attempts to work with the applicant to replace the trees did not produce any result. Code enforcement sent Mr. Chaufty a pre -notice of violation and the applicant responded by applying for this tree clearing permit. According to the application, two twenty-four inch diameter trees were removed from within a sensitive area. The sensitive area contains both steep slopes and a stream buffer. Tukwila Municipal Code (TMC) 18.54.050 requires a tree clearing permit for clearing of trees within a sensitive area. The applicant submitted for a tree clearing permit after the trees were removed but did not submit a sensitive area mitigation plan or timing schedule required under TMC 18.54.050. However, he spoke at length with the City's Environmentalist regarding necessary site preparation and replanting. TMC 18.54.130 (3.b.) has a table listing the tree replacement ratio. According to the table, two trees greater than 24 inches in diameter shall be replaced by sixteen trees at least two inches in caliper. The applicant and staff have agreed that the applicant may obtain the trees at the King County Conservation District bareroot plant sale. The bareroot plant sale trees will not be two inches in caliper and are sold in bundles of ten trees each. Staff recommends the applicant plan at least twenty trees to mitigate for the decreased tree size. In order to assist the applicant reach compliance, staff recommends the following: 1) The blackberries need to be removed from the planting area prior to planting. Sheet mulch and/or grub out the blackberries along the fence line for the entire area that is to be planted. S' ()Nor`-Pe,^c9--'^41-' 4 5 01.1‘.0J 116. �. SM H:\L11-049 Tree Permit\Tree Permit Staff Rpt.doc Page l of 2 12/20/2011 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 June 8, 2011 Staff Report and Notice of Decision L11-032: SPEEA Tree Cutting Permit Pre -order at least ten Oregon Ash (Fraxinus latifolia) and ten Western Hemlock (Tsuga heterophylla) from the King County Conservation District Native Plant Sale on or before their deadline of January 29, 2012 or obtain the same plants from a different source. Pick-up for Conservation District plants is March 2nd and 3rd, 2012. See http://www.kingcd.org/pro native.htm for online ordering information. 2) Plants shall be installed within a week of the sale, which is by March 10, 2012 and shall be installed according to the following planting instructions: a. Dig a saucer -shaped hole 2-3 times the width of the root mass, and about as deep. Fill hole with water and let drain. b. Build a mound of soil at the bottom of the hole. c. Position the roots so they hang down over the mound and are not turned up or crowded. Gently spread the roots evenly over the soil mound. The roots should not circle in the hole. d. Place the plant so the root flare (where the roots join the stem) is at the soil surface. e. Replace soil into the hole so it fills the space between the roots. f. Water generously and add more soil to fill the hole up to the root flare. Create a soil berm around the planting hole to retain moisture. RECOMMENDATION: Approve the applicant planting ten Oregon Ash and ten Western Hemlock trees to replace the two trees removed, subject to the following conditions: 1) The applicant failed to sign the affidavit of ownership and hold harmless permission to enter property required with this application. Prior to issuing this decision, the affidavit shall be signed. 2) Call for an inspection of installed plants by March 31, 2012. Scheduling and passing a planting inspection is necessary to resolve the pending code enforcement action. Passing the inspection will require that the blackberries are removed and the twenty trees are properly planted. Re - inspection of the landscaping at year 2 and 3 is required. Plant survival rate of less than 90% requires replacement planting. Attachments: • Affidavit of Ownership and Hold Harmless Permission to Enter Property • King County Conservation District 2012 Native Bareroot Plant Sale Pre -Order Form cc: Sandra Whitting, Urban Environmentalist Mary Hulvey, Code Enforcement Officer Files: L11-049, RFA11-179 SM Page 2 of 2 12/20/2011 H:\L11-049 Tree Permit\Tree Permit Staff Rpt.doc City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director December 16, 2011 NOTICE OF DECISION TO: Jim Chaufty, Applicant and Owner 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: L11-049 Applicant: Jim Chaufty Type of Permit Applied for: Tree Clearing Permit Project Description: Plant ten Oregon Ash and ten Western Hemlock trees to replace 2- 24"+ diameter trees removed from a sensitive area. Site preparation includes blackberry removal or clearing and sheet mulch. Location: 14702 515t Avenue South Associated Files: PL11-044, RFA 11-179 Comprehensive Plan Office 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 Clearing Permit does comply with applicable City and state code requirements and has approved that application, subject to the following conditions: 1. The applicant failed to sign the affidavit of ownership and hold harmless permission to enter property required with this application. Prior to issuing this decision, the affidavit shall be signed. SM H:\L11-049 Tree Permit\NOD.doc Page 1 of 3 12/15/2011 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 June 8, 2011 Staff Report and Notice of Decision L11-032: SPEEA Tree Cutting Permit 2. Call for an inspection of installed plants by March 31, 2012. Scheduling and passing a planting inspection is necessary to resolve the pending code enforcement action. Passing the inspection will require that the blackberries are removed and the twenty trees are properly planted. Re -inspection of the landscaping at year 2 and 3 is required. Plant survival rate of less than 90% requires replacement planting. III. 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 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, that is by December 30, 2011. 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 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 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. SM Page 2 of 3 12/15/2011 H:\L11-049 Tree Permit\NOD.doc June 8, 2011 Staff Report and Notice of Decision L11-032: SPEEA Tree Cutting Permit 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. 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 206-433-7166 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. bko-,G1-----,--e Department of Community Development City of Tukwila SM Page 3 of 3 12/15/2011 H:\L.11-049 Tree Permit\NOD.doc °City o Tukwila Department of Community Development Jim Chaufty 14702 51St Ave South Tukwila, WA 98188 Mr. Chaufty, Jim Haggerton, Mayor Jack Pace, Director May 1, 2012 Per your request, on April 12th, 2012, Sandra Whiting and I went to inspect your property to determine compliance with your tree clearing permit (L11-049). In June of 2010, you cleared trees from a sensitive area (steep slopes and stream buffer) without a tree clearing permit. In response to code enforcement action for the tree clearing, you have not planted 30 Western Red Cedars along the fence line. As a condition of your tree clearing permit, the planted area that contained blackberries (5 feet along the fence line and 5 feet around each tree), needs to be sheet mulched or the blackberry roots need to be grubbed out. Sheet mulching involves placing large, overlapping pieces of cardboard over the area to block the blackberry shoots and then covering the cardboard with wood chips. For your convenience, Sandra provided some resources for cardboard and wood chips. Wood chips (free) Ed, Top Cut Tree Service, 253-941-0828 Asplund, 425-483-9339 Cardboard Big box stores like Home Depot Appliance stores Furniture stores Prosser Piano — 206-439-9138 Longview Fiber — Vince — 206-768-3610 (rejected cardboard on pallets) Since you have already done the work to cut down the blackberries to plant the trees, the sheet mulching should occur as soon as possible. When it is complete, please give me a call to schedule another inspection to close out your file. Regards Stacy MacGregor SM Page l of l H:\Complete projects\L11-049 Tree Permit\FLUP letter 5-1-2012.doc 05/01/2012 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3 670 Fax: 206-431-3665 Web site: http://www.TukwilaWA.gov Parcel No.: 7661600029 Address: 14702 51 AV S TUKW Suite No: Applicant: JIM CHAUFTY RECEIPT Permit Number: PL11-044 Status: RECEIVED Applied Date: Issue Date: Receipt No.: R12-00819 Initials: User ID: TLS 1670 Payment Amount: $46.00 Payment Date: 02/27/2012 01:43 PM Balance: $0.00 Payee: JIM CHAUFTY TRANSACTION LIST: Type Method Descriptio Amount Payment Check 182 46.00 Authorization No. ACCOUNT ITEM LIST: Description Account Code Current Pmts ZONING/SUBDIVISION 000.345.810 46.00 Total: $46.00 doc: Receiot-06 Printed: 02-27-2012 City of Tukwila Jini Haggerton, Mayor Department of Community Development Jack Pace, Director February 16, 2012 JIM CHAUFTY 14702-51stAveS Tukwila WA 98168 RE: Tree Clearing Permit L11-049, (RFA 11-147) Dear Mr. Chaufty: The balance due on your permit/appeal application is $46.00. This amount is based on the hourly land use fee schedule adopted by Resolution Number 1718 and the amount of time spent on reviewing your application. The application/retainer fee covered 120 minutes of review time. The total amount of time spent on review for this application was 150 minutes. Review time has exceeded the amount of time covered by the retainer fee by 30 minutes. The balance due for that time is $46.00 The payment may be paid by cash, check or credit card. The City will accept credit card payments by phone. If paying by check please send the check made out to City of Tukwila 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 If you have any questions, please feel free to contact me at 206 431 3670. Sincerely, Teri Svedahl Administrative Support Technician MD Hourly bill payment letter.doc Page 1 of 1 02/15/2012 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431- 3665 City of Tukwila - Time Accounting Report Permit PL11-044 Staff Date Task Category 1166 10/13/2011 INTCOOR PLNG 1166 12/15/2011 PROJREV PLNG 1685 12/16/2011 PROJREV PLNG Total Time: Minus Retainer: Total Remainder Billed: Time Spent 45 90 15 150 120 30 Tuesday, January 10, 2012 Page 1 of 1 L 11-0(40, 1,Pu I -OU y 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.waus 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: ss 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 orrother representatives the right to enter upon Owner's real property, located at 1 t{ 702, S sf /C UQ 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. n(I EXECUTED at 1 (4ll ok (city), (state), on (�1/l(/11 4 , 20 ('Z. Print Name Address Phone Number Signature 1Lt1O S I n- /'VF* couTil too ? I °% 21y2 On this day personally appeared before me auA_4 "f to me known to be the individual who executed the foregoing instrument and acknowledged that @she signed the same er voluntary act and deed for the uses and purposes mentioned therein.413. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 1 O DAY OF J V vex �1 l ,201 0 aic„y • i 4&81.\G E 7a �y°t phhwvAriL - NOTARY PUBLIC in and for the State of Washington residing at My Commission expires on S LA Si-✓1 I�— • TOC/I , \ 0 - IT W:\Forms\Applications, Land Use\201 I Applications\Tree Permit-Jan201 I.doc - 11 - a3(-A 2- KID King Conservation District 2012 Native Bareroot Plant Sale Pre -Order Form Name: Phone: Email (for order confirmation): °Coniferous Trees Douglas Fir (Pseudotsuga menziesii) Grand Fir (Abies grandis) Noble Fir (Abies procera) Shore Pine (Pinus contorta "contorta") Sitka Spruce (Picea sitchensis) Western Red Cedar (Thuja plicata) Western Hemlock (Tsuga heterpohylla) Deciduous TreesF, Cascara (Rhamnus purshiana) 2-0, 12"+ 2-0, 12"+ P-1, 12"+ P-1, 12"+ undle' 10 10 10 10 Price Per Bundle Orders Due: 1/27/2012 Minimum $30 Order Order Pick -Up: March 2 (9 am - 4 pm) March 3 (9 am - 2 pm) 1107 SW Grady Way, Renton (west parking lot) $7.00 $7.00 $12.00 $12.00 rze PIS Per Bundle" Price Per Bundle 2-0,18"+ 10 $16.00 `of undl ubtot Oregon Ash (Fraxinus latifolia) Oregon White Oak (Quercus garryana) 2-0,18"+ 10 $16.00 2-0, 18"+ 10 $16.00 Pacific Crabapple (Malus fusca) 2-0, 18"+ 10 $15.00 Vine Maple (Acer circinatum) 2-0, 18"+ 10 $15.00 Evergreen Huckleberry (Vaccinium ovatum) ant Size Plug Plants Per Bundle Price Per Bundle; of Bundles" ubto 10 $30.00 Indian Plum (Oemlaria cerasiformis) 2-0,18"+ 10 $15.00 Mock Orange (Philadelphus lewisii) 2-0, 12"+ 10 $15.00 Nootka Rose (Rosa nutkana) 1-0, 12"+ 10 $14.00 Oceanspray (Holodiscus discolor) 1-0, 12"+ 10 $14.00 Pacific Ninebark (Physocarpus capitatus) 1-0, 12"+ 10 $14.00 Pacific Rhododendron (Rhododendron macrophyllum) P-2, 6" 10 $40.00 Red Flowering Current (Ribes sanguineum) 1-0, 12"+ 10 $14.00 Red Osier Dogwood (Cornus stolonifera) 1-0, 12"+ 10 $14.00 Serviceberry (Amelanchier alnifolia) 1-0, 12"+ 10 $14.00 Snowberry (Symphoicarpos albus) 2-0, 18"+ 10 $14.00 Tall Oregon Grape (Mahonia aquifolium) 2-0, 12"+ 10 $15.00 Thimbleberry (Rubus parviflorus) 1-0, 12"+ 10 $14.00 Twinberry (Lonicera involucrata) 1-0, 12"+ 10 $14.00 ` Ground Covers ' Type h Plants Per Bun Kinnikinnick (Arctostaphylos uva-ursi) Plug 10 rrce Per Bu Je $20.00 of Bundles Subtota Low Oregon Grape (Mahonia nervosa) 1-0 10 $15.00 Salal (Gaultheria shallon) Plug 10 $20.00 Sword Fern (Polystichum munitum) Plug 10 $20.00 Trailing Blackberry (Rubus ursinus) 1-0 10 $12.00 Coastal Strawberry (Fragaria chiloensis) Plug 10 $20.00 Make checks payable to King Conservation District Mail to: King Conservation District Attn: Jacobus Saperstein 1107 SW Grady Way, Suite 130 Renton, WA 98057 Questions? CaII: 425-282-1912 Email: jacobus@kingcd.org Subtotal 9.5%Tax Total Due (Minimum $300rder) CITY Or' 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 SEP 13 20 EARING cOMMUNirr PERMIT DEVELONiEWT APPLICATION lb FOR STAFF USE ONLY Permits Plus Type: P-TREE Li I _ 0 l-il Planner: File Number: R Pi' t 1 — 1 7°I Application Complete (Date: ) Project File Number: PL 1 1-00 Application Incomplete (Date: ) Other File Numbers: '--P 1 t --6 g NAME OF PROJECT / DEVELOPMENT: LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 141702 s I sT /WE , S S. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 7 G6 160 - 00291 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: r\ Ck-AUFT `1 l�1702 S-1 sT AVM. S'.-t-UkwILA wA.. to6 7 10\ 2'Y-I2 FAX: Signature: nr�c'k Date: of IS - 2GI) W:\Forms\Applications, Land Use \2011 Applications\Tree Permit-1an201l.doc File Edit View Favorites Tools Help {r,* Favorites TUKNET nwma ps. net an Address, a Parcel Number or Place of !nieces Zoning and Property Permits and Construction Parks and Trails Commercial Property Environmental Geology Community Information mice Areas & Districts Demographics Transit 0 2011 eCityGvv Alliance. Contact Us I FAQ I Privacy P&I . 1 Disdain/or 411 7)0 eCityGov Site Network: eCityC rv,net N, 44 City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.TukwilaWA.gov Parcel No.: 7661600029 Address: 14702 51 AV S TUKW Suite No: Applicant: JIM CHAUFTY RECEIPT Permit Number: L11-049 Status: PENDING Applied Date: 09/15/2011 Issue Date: Receipt No.: R11-02029 Initials: User ID: MD 1685 Payment Amount: $50.00 Payment Date: 09/15/2011 04:18 PM Balance: $0.00 Payee: JIM CHAUFTY TRANSACTION LIST: Type Method Descriptio Amount Payment Check 152 50.00 Authorization No. ACCOUNT ITEM LIST: Description Account Code Current Pmts SIGN PERMIT 000.322.100 50.00 Total: $50.00 doc: Receiot-06 Printed: 09-15-2011