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HomeMy WebLinkAboutPermit PL14-0038 - MUSEUM OF FLIGHT #9-04 - TREE REMOVAL AND REPLACEMENTMUSEUM OF FLIGHT TREE REMOVAL 9305 E MARGINAL WAY S ti9-04 PL14-0038 L14-0065 TREE REMOVAL City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director December 9, 2014 STAFF REPORT AND NOTICE OF DECISION TO: Clark Miller, Museum of Flight, Applicant 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: L14-0068 Applicant: Clark Miller, for Museum of Flight Type of Permit Applied for: Tree Cutting Permit Project Description: Removal and replacement of landscaping trees, shrubs and ground cover Location: 9305 East Marginal Way South Associated Files: None Comprehensive Plan Designation/Zoning Manufacturing Industrial Center -Heavy (MIC -H) District: II. BACKGROUND The Museum of Flight has applied for a permit to remove mature trees and shrubs and groundcover (ivy) from around a building that was purchased from the Boeing Corporation to house archival material related to the Museum's collection. The building is home to the largest publicly accessible, dedicated air and space museum library west of the Mississippi River, nearly 33,000 cu. Ft. of archival material including 3.8 million photographic images, negatives, transparencies and glass -plate negatives. In addition, the building houses the Bill and Moya Lear Collection, the Dr. David Hatfield/Northrop Aeronautical Library Collection; the Jeppesen Flight Navigation Collection; and, the Museum of Flight Aviation and Aerospace Art collection CPL H:\\ L14-0071 Sound Transit Guideway-NOD.docx Page 1 of 4 12/10/2014 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 i1 December 9, 2014 L14-0065 Museum of Flight Tree Removal Staff Report and Notice of Decision 0 comprised of more than 500 individual items and more than 13,000 small objects. All of these items taken together document the first one hundred years of manned flight and space flight. In the permit application, Museum staff state that the current vegetation is causing significant issues to the physical preservation of the archival material being stored in the building, due to rodent infestations and leaves that clog the roof drains causing leakage into the storage spaces below. The current ground cover is ivy, which is known to provide perfect hiding areas for rat burrows. A site inspection of the landscaping indicated that the trees do not appear to have been maintained over the years since their planting and branches currently overhang the roof. The permit requests that the landscaping be allowed to be removed and no new landscaping provided in its place. Staff Discussion The current landscaping is clearly creating a problem for the safe storage of archival materials for the Museum. The landscaping does not appear to have been maintained since its installation when the building was constructed in 1991. The ivy groundcover is extremely thick and deep and provides excellent cover for rodent burrows. Many of the shrubs have died or are in poor health. There is value in removing the current landscaping and replanting with vegetation that better suits the current use of the building as an archive for valuable historical documents. The type of trees on the west side and north side of the building can be varied to take advantage of the additional planting space available on the west side of the building that is lacking on the north side. As a result, trees with a wider canopy can be used on the west side, with more columnar trees being used on the north side. The City's urban environmentalist has reviewed the tree removal application and has the following suggestions for replacement vegetation. Trees: North side: West side: Acer rubrum — Maple tree columnar varieties such as Apollo, Red Rocket, or Armstrong Lavelle Hawthorn (Crataegus lavallei) Columnar evergreens — upright juniper, cypress, etc. Eastern Red Bud (Cercis canadensis), Hybrid Dogwoods (Cornus kousa or nuttalii, Starlight; Eddies White Wonder) Shrubs: North side: Osmanthus, Skimmia, or Sarcaccoca West side: Abelia, Blue Spiraea; Weigela; Lavender Ground Cover: North side: Variegated Sedges mixed with Blechnum (Deer fern) Cotoneaster, Gaultheria, Rubus West side: Rubus, Heaths, Heathers, Point Reyes lilac CL Page 2 of 4 12/10/2014 10:18 AM H:\\L14-0065 MOF Staff Rpt.-NOD.docx December 9, 2014 L14-0065 Museum of Flight Tree Removal Staff Report and Notice of Decision III. DECISION SEPA Determination: The City's 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 Cutting Permit does comply with applicable City and state code requirements and has approved that application, subject to the conditions which are set forth in the Decision below: 1. After the removal of the existing landscaping, provide a landscaping plan, identifying the type of trees, shrubs and groundcover to be planted to replace the removed vegetation. 2. Provide a temporary irrigation plan to ensure the establishment and survival of the new landscaping for at least three years. 3. New landscaping to be installed by April 15, 2015. 4. Newly landscaped areas are to be mulched after the installation of the plants. IV. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 1 decision pursuant to Tukwila Municipal Code § 18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the City Hearing Examiner of the Decision on the Permit itself is permitted. If an MDNS was issued, any person wishing to challenge either the conditions which were imposed by the MDNS decision or the failure of the Department to impose additional conditions in the MDNS must raise such issues as part of the appeal to the Hearing Examiner. A party who is not satisfied with the outcome of the Hearing Examiner appeal process may file an appeal in King County Superior Court from the Hearing Examiner's decision. V. PROCEDURES AND TIME FOR APPEALING In order to appeal the Planning Supervisor's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this decision, that is by 5:00 p.m., Tuesday, December 23, 2014. The requirements for such appeals are set forth in Tukwila Municipal Code Chapter 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. CL Page 3 of 4 12/10/2014 10:18 AM H:\\L14-0065 MOF Staff Rpt.-NOD.docx December 9, 2014 L14-0065 Museum of Flight Tree Removal Staff Report and Notice of Decision 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all hearing examiner costs will be passed through to the appellant. VI. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as a closed record hearing before the Hearing Examiner based on the information presented to the Planning Supervisor, who made the original decision. No new evidence or testimony will be permitted during the appeal hearing. Parties will be allowed to present oral argument based on the information presented to the Planning Supervisor before their decision was issued. The Hearing Examiner' s decision on the appeal is the City' s final decision. Any party wishing to challenge the Hearing Examiner' s decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW Chapter 36.70C. If no appeal of the Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VII. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Carol Lumb, who may be contacted at 206-431- 3661 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. Minnie Dhaliwal, Planning Supervisor Department of Community Development City of Tukwila CL Page 4 of 4 12/10/2014 10:18 AM H:\\L14-0065 MOF Staff Rpt-NOD.docx eitcl of J uftwita Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, _Carol Lumb, HEREBY DECLARE THAT: Mailer's signature: t t2t1 /° Notice of Application X Notice of Decision Notice of Public Hearing Notice of Public Meeting Determination of Non- Significance Mitigated Determination of Non - Significance Determination of Significance & Scoping Notice Short Subdivision Agenda Notice of Application for Shoreline Mgmt Permit Shoreline Mgmt Permit Board of Appeals Agenda Packet Board of Adjustment Agenda Packet Official Notice Notice of Action Other: Was mailed to each of the addresses listed/attached on this 9th day of December , 2014 Project Name: Museum of Flight Tree Removal Project Number: L14-0065 Associated File Number (s): N/A Mailing requested by: Carol Lumb Mailer's signature: t t2t1 /° E-mailed decision to: applicant; SEPA register Mailed decision to: applicant, King Co. Assessor's office H:\L14-0065-MOF TREES\AFFIDAVIT OF DISTRIBUTION.DOC Carol Lumb From: Carol Lumb Sent: Tuesday, December 09, 2014 5:08 PM To: 'separegister@ecy.wa.gov' Subject: Notice of Decision Attachments: L14 -0065 -signed staff rpt. & NOD.pdf; L14-0065 APPLICATION.pdf Hello, Attached please find a Notice of Decision and staff report for a tree removal permit. I am also attaching the application materials for your files. Please let me know if you have any questions. Carol Lumb Carol Lumb, Senior Planner Department of Community Development City of Tukwila 6300 Southeenter Blvd, Suite 100 Tukwila, WA 98188 206-431-3661 Carol rjlnbc Tulfivih frVi or Tukwila, the City of opportunity, the community of choice. 1 Carol Lumb From: Carol Lumb Sent: Tuesday, December 09, 2014 5:14 PM To: 'cmiller@museumofflight.org' Subject: Staff Report and Notice of Decision Attachments: L14 -0065 -signed staff rpt. & NOD.pdf Dear Clark, I am attaching the staff report and Notice of Decision on the tree removal permit for the building where the Museum of Flight stores archival material. Page three of the Notice of Decision contains the conditions of approval for the permit. A hard copy of the decision will go out in tomorrow's mail. I look forward to receiving the landscaping plan for the vegetation that will replace the removed landscaping. Please let me know if you have any questions. Carol Carol Lumb, Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 206-431-3661 C. ri•oLLumb§a TukwilaYVa &'ov Tukwila, the City of opportunity, the community of choice. 1 City of Tukwila Department of Community Development File Number Li.' -1 e 00 4 5 LAND USE PERMIT ROUTING FORM TO: 0 Building Planning U Public Works n Fire Dept. n Police Dept. Parks/Rec Project: 'A Update date: Address: °l 3 0 5 L N- (A) s e., +--P,‘ Date transmitted: tO " 3 " I `{ Response requested by: , (1 Staff coordinator: CGw 0t L-- ` Date response received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) Plan check date: Comments Update date: prepared by: Continuation: NAME OF PROJECT/DEVELOPMENT The Museum of Flight acquired a substantial building, constructed by The Boeing Company as a potential materials processing building (but never used for that purpose) which is still known by its former Boeing Building Number — 9-04. While in many respects this building, with its many compartmentalized zones and bays, has proven to be a nearly ideal Collections Storage facility, the small trees and shrubs planted close to the periphery of the north and part of the western frontages have proven to be the source of serious preservation issues with regard to the physical conservation of the collections housed therein. The 9-04 Building, also cited often as the Library and Archives Building, houses the largest publicly accessible, dedicated air and space museum library west of the Mississippi River, as well as nearly 33,000 cubic feet of archival material — including at least 3.8 million photographic images, negatives, transparencies and glass -plate negatives. Additionally, the building houses the Bill and Moya Lear Collection (of Lear Jet fame - 300 cubic feet), the Dr. David Hatfield/Northrop Aeronautical Library Collection (300 cubic feet), the Jeppesen Flight Navigation Collection (more than 300 cubic feet), The Museum of Flight Aviation and Aerospace Art Collection (more than 500 individual items) and more than 13,000 small objects — `small objects' being defined as three-dimensional artifacts smaller than an aircraft — as well as hundreds of other smaller collections. Taken together, these constitute one of the premier collections, documenting the first 100 years of manned flight and space flight, on earth. They are literally priceless, in terms of historical significance. Taken together, the Collections Department of The Museum of Flight exercises stringent conservation measures, environmental controls and access restrictions to these storage areas, all with a view towards ensuring the long-term viability of the contents. The flora (trees and shrubs, having only ornamental value) installed along the periphery of two lengths of this building, according to the pest management agency engaged by the Museum, provide a nearly ideal home for vermin to intrude into this invaluable storage area. Similarly, the several trees periodically shed leaves which contribute to the clogging of storm drains in the roofing of this building, and have resulted in extremely hazardous leaks in some areas when the roof seals are not able to restrain the water accumulation. This has necessitated crisis management measures in movement of some hundreds of cubic feet of priceless archival and artifact material. Museum best practices, according to the American Museum Association, dictate significant barrier zones around collections storage areas such as the 9-04 building, and the removal of the trees -and shrubs is an extremely urgent necessity. Because of the relevance to remove the trees and shrubs there are no plans to replace either. Rather, there will be weed preventive material laid down overlaid by bark. RECEIVED Cu 1 2011} +'ERMIT CENTER CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, a ents, engineers,. c� ntractors or other representatives the right to enter upon Owner's real property, located at 95e>j f . , tris"e, �/ooy . S , for the purpose of application review, for the limited time necessary to complete hat 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/./, d i 14 (city), (state), on ,E.1, / 5[ , 20 I % z%, -J /Ler (Print Name) ,AVV /it 1/.1g/ (Address) 204 74e -71 y9 (Phone Nu (Signature) On this day personally appeared before me 0, r J<Y l") r (I P yr' 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 A < 1 DAY OF O(/1 e r , 20 / LAURIE A. WERLE NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 29, 2018 z,e4-kt. zi,(;)e-A( Lpm, nuierre NOT Y PUBLIC in and for the State of Washington residing at et)l Gt My Commission expires on \\deptstore\City Common\Teri\Revisions In Progress\Tree Removal and Landscape Mod Permit.docx o/ac? //,c- 1.iN -oohs CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 TREE REMOVAL AND LANDSCAPE MODIFICATION PERMIT APPLICATION FOR STAFF USE ONLY Planner: File Number: 1 -- ` 0 (9C Application Complete Date: Project File Number: / —015 F Application Incomplete Date: Other File Numbers: NAME OF PROJECT/DEVELOPMENT: The Museum of Flight Tree Removal BRIEF DESCRIPTION OF PROJECT: Removal of the trees and shrubs at the Museum of Flight Building 9-04 LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 9305 E. Marginal Way South - E. Marginal Way South and 94th St. LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 5730000020 '13o3 emu'S DEVELOPMENT COORDINATOR : The individual who: BP la�l 5 &o 3 SY tl�l�z • 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: Clark Miller Address: 9404 E. Marginal Way S. Phone: (206) 768-7149 E-mail: cmiller@m Signature: umof- light.org \\deptstore\City Common \ Teri \Revisions In Progress\Tree Removal and Landscape Mod Permit.docx FAX: (206) 764-5707 Date: }c"11>'-il OCT 14 2014 i 1 �kvLLUvMf:NT Resat onships Workspace Favontes History . Carol Lumb rakapp/trakit9/TRAKi Main.aspr p - G X File Edit View Favorites Tools Help x Gargle - :3 Search -" More >> Sign In 1111 Blackboard Learn e- Food System Reports and _. ® Google * http--www.govlinkorg-wa... tit King County iMAP interact_ lj Landscape Performance S... Mf Shoreline Master Program... 1111 Suggested Sites - t TRAKiT Login Tukwila - Production ADDRESS Legend Results • 0 Fire Hydrant 0 Project Area Street Centerline • i"'J Building + [�J Stream • Tukwila City Limits r ri ISI Parcel ✓ ice• Waterbody +: rr Park ▪ " Zoning ▪ Jurisdiction [0 Imagery Options • Print Map Os Save Sketches .0 Open Sketches 111 Sketch Tools 3D View t' Route -esri 111,7 TO 14' 9.4b AM 11/042014 L LIL/ 00&5••••'