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HomeMy WebLinkAboutPermit PL16-0024 - SANNY & CHOU SA-NGOUN - NON-SHORELINE TREE REPLACEMENTTREE REPLACEMENT SITE APN: 3365901190 APPROVED PARENT PROJECT NO: PL16-0024 PROJECT NO: L16-0026 May 25, 2016 City of Tukwila Allan Ekberg, Mayor Department of Community Development Jack Pace, Director STAFF REPORT AND NOTICE OF DECISION TO: Mr. Sanny Sa-Ngoun, 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: L16-0026 Applicant: Sanny Sa-Ngoun Type of Permit Applied for: Tree Cutting Permit Project Description: Removal and replacement of four trees in a steep slope area Location: 14458 58th Ave. South Associated Files: None Comprehensive Plan Designation/Zoning District: II. BACKGROUND Low Density Residential This tree permit is the result of a code enforcement action for the removal of trees in a steep slope area without a permit. A total of three trees were removed, with a fourth tree that has been damaged to be removed after the issuance of this permit. The photos below illustrate the trees removed and the damaged tree. CPL Page 1 of 4 H:\\ L16-0026 Sa-Ngoun Tree Removal Staff Rpt.-NOD.docx 05/25/2016 4:23 PM 6300 Southcenter Boulevard. Suite #100 • Tukwila. Washington 981 RR • Phnnn 206-4 3 T- 367n • Fnr • 1nf-Q 21- 2F/ S May 25, 2016 L16-0026 Sa-Ngoun Tree Removal Staff Report and Notice of Decision Removed Trees Staff Discussion Damaged Tree To Be Removed The City's tree regulations are found in TMC 18.54. TMC 18.54.050 1. states that clearing of any vegetation in a sensitive arearequires a Tree Clearing Permit. DCD staff visited the site to observe the site conditions. Based on the tree replacement ratios found in TMC 18.54.130 3. a total of 4 trees will need to be planted to replace the trees that were removed (one replacement tree for removed trees 4-8 inches in diameter). The applicant has provided a site plan illustrating the location of the replacement trees along the eastern side of the property. The replacement trees are located such that future development of the property can occur. The applicant will plant Leyland Cypress to replace the deciduous trees that were removed. Leyland Cypress are fast growing trees that will provide screening along the property edge. Planting will be deferred to the fall, when the weather is more conducive to plant survival. In the meantime, the applicant will remove invasive plants in the vicinity of where the trees will be planted. 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 any conditions which are set forth in the Decision below: CL Page 2 of 4 05/25/2016 4:23 PM H:\\L16-0026 Sa-Ngoun Staff Rpt.-NOD.docx May 25, 2016 L16-0026 Sa-Ngoun Tree Removal Staff Report and Notice of Decision 1. A total of four (4) replacement trees are required to be planted. 2. Clear the blackberries, weeds and ivy to avoid invasive plants crowding out the new trees. 3. Place four (4) inches of mulch around the newly planted trees — do not place mulch directly against the tree trunk. 4. Tree planting may be deferred to the fall to ensure plant survivability, but must be planted by October 31, 2016. 5. Allow 10-12 feet in between each newly planted tree. 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., Friday, June 26, 2015. 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. 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. CL Page 3 of 4 05/25/2016 4:23 PM H:\\L16-0026 Sa-Ngoun Staff Rpt.-NOD.docx May 25, 2016 L16-0026 Sa-Ngoun Tree Removal Staff Report and Notice of Decision 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 05/25/2016 4:23 PM H:\\L16-0026 Sa-Ngoun Staff Rpt.-NOD.docx IIIIIIMMIll Disclaimer: The eCityGovAlliance or its member agencies do not guarantee that the information on this map is accurate or complete. This map is provided for information purposes only. 4, eCityGov.net NWMaps.net Nearby Search Area (.25mi) Search Result Location City Limit Printed on 4/19/2016 0 0 Carol Lumb From: Carol Lumb Sent: Tuesday, May 10, 2016 11:00 AM To: Sanny Sa-Ngoun Subject: RE: Trees Dear Sanny, Thanks again for sending me information on the type of trees you want to plant. I checked with Andrea and she says that the Leyland Cypress are OK if you are looking for a very fast growing tree that will provide screening along the property edge. If you want a slower growing tree, then any pine tree, such as Shore Pine, Austrian Pine, or Incenses Cedar, Lawson Cyprus or Port Orford Cedar would be acceptable. Please let me know if you are going to stay with your original plan of Leyland Cypress or switch to another type of evergreen tree. Thanks, Carol Original Message From: Sanny Sa-Ngoun [mailto:sannysangoun@yahoo.com] Sent: Monday, May 09, 2016 5:39 PM To: Carol Lumb Subject: Trees I found the trees which I think are suitable for the environment.the 4 trees I want to plant are call Leyland Cypress. It will be plant along the border line at the east side.these 4 trees will be plant in fall toward the end of September like we talk about it,do to the dry season. Please add on one more tree to the permit that need too cut down. This tree with gouged at the corner of the drive way.this one tree that you approved to cut down. If there anything else please email me. Thank you Sent from my iPhone i Carol Lumb From: Sanny Sa-Ngoun <sannysangoun@yahoo.com> Sent: Monday, May 09, 2016 5:39 PM To: Carol Lumb Subject: Trees I found the trees which I think are suitable for the environment.the 4 trees I want to plant are call Leyland Cypress. It will be plant along the border line at the east side.these 4 trees will be plant in fall toward the end of September like we talk about it,do to the dry season. Please add on one more tree to the permit that need too cut down. This tree with gouged at the corner of the drive way.this one tree that you approved to cut down. If there anything else please email me. Thank you sKore,pvnt. cWsryt, P Sent from my iPhone 6L44 Skelfi p16.E h—e'cN 1 Carol Lumb From: Carol Lumb Sent: Monday, May 02, 2016 3:17 PM To: 'sannysangoun@yahoo.com' Cc: 'chousangoun@yahoo.com' Subject: Replacement Trees Hello Mr. Sa-Ngoun: I am following up on my April 20, 2016 email to you in response to your request to remove two additional trees from the site. In that email I also provided some suggested species of replacement trees for the site, as requested when we visited your property on April 13th. Before I can move forward with the tree permit, I need to know what trees will be planted on your property. Please let me know by May 9, 2016 what species of trees you will be planting and whether you will be removing the tree with the gouge in it. I will then incorporate that information into the tree permit. Thanks very much - let me know if you have any questions. Carol Carol Lumb, AICP, Senior Planner Department of Community Development City of Tukwila 6300 Southeenter Blvd, Suite 100 Tukwila, WA 98188 206-431-3661 Carol 1-111111)@ 7 "u k thy I `a,go Tukzvila, the City of opportunity, the community of choice. **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56 ** 1 O fl Carol Lumb From: Sanny Sa-Ngoun <sannysangoun@yahoo.com> Sent: Wednesday, April 20, 2016 5:08 PM To: Carol Lumb Attachments: IMG_0825.JPG; ATT00001.txt; IMG_0824.JPG; ATT00002.txt These are the two trees I would like to cut down this summer. The new trees will be planting this spring along the border line at the east side. Our last meeting refer to the map ,x for cut down trees and 0 for new trees. My email: sannysangoun @yahoo.com Carol Lumb From: Carol Lumb Sent: Wednesday, April 20, 2016 5,:21 PM To: 'sannysangoun@yahoo.com'; 'chousangoun@yahoo.com' Cc: Andrea Cummins Subject: Tree Removal Hi, Thank you for your email. Andrea and I had a chance to go out to your property today to look at the two additional trees you want to remove. We agree that the tree with the gouge in it is in decline so you may add this to the tree permit and request that it be removed. We couldn't tell if the tree was on your property or the adjacent property so make sure it is located on your property before removing it. Given its size, and proximity to structures you will need to be very careful on its removal and may want to consider hiring a professional ISA certified arborist to remove the tree. The second tree that is leaning does not appear to be defective and in danger to falling. It is a Madrone tree and they tend to seek out and bend toward the light. If you want to remove this tree then you will need to have an ISA certified arborist look at the tree and prepare an assessment that it is defective. I asked Andrea for suggestions on possible tree replacements — we would like a mix of half evergreen and half deciduous trees. She had the following suggestions for native trees: Hemlock (Tsuga heterophylla) Western Red Cedar (Thuja plicata) — would need water for establishment Douglas Fir (Pseudotsuga menziesii) — in the sunnier areas If you want a flowering tree, Bitter cherry (Prunus emarginata) — native cherry is a possibility although you have removed several of these from the site so you may not like this tree. If you want a tree with fall color, any maple (except Norway) would probably be fine. There isn't a maple species called "Canadian", but you might be thinking of sugar maple (Acer saccharum). This tree does best in sunny areas. We agreed you would provide us with a list of the trees you want to plant for approval through the tree permit. Please try to get the type of trees you want to plant identified soon and email those to me so that information can be included in the tree permit. Let me know if you have any questions. Thank you for your follow up email. Carol Carol Limb, AICP, Senior Planner :department ol'Community Development City of Tukwila 6300 Southeenter Blvd, Suite 100 Tukwila, WA 98188 206-431-3661 Carol Lumb?Tukwila 1 7a.gou Tukwila, the City of opportunity, the community of choice. 1 **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56 ** CITY OF TUKWILA Department of Community Development 6300 South Center Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 TREE REMOVAL AND LANDSCAPE MODIFICATION PERMIT APPLICATION FOR STAFF USE ONLY Planner: G o k File Number: L. I (a — 00 2 6 Application Complete Date: Project File Number: � / _ ^ � \ 0 0 q Application Incomplete Date: Other File Numbers: r_, t (, - nn4i 1 NAME OF PROJECT/DEVELOPMENT: TREE REPLACEMENT BRIEF DESCRIPTION OF PROJECT: FOUR TREES NEEDS TO BE REPLACE LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. The raw land to the north of 14458 58th Ave South Tukwila WA 98168 LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 3365901195 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: Sanny & Chou Sa-Ngoun Address: 14458 58th Ave So Tukwila WA 98168 Phone: (206) 852 — 3515 or (206) 852 - 3430 FAX: (425) 656 - 5319 E-mail: chousangoun@yahoo.com C:\Users\choun\Documents\Tree Removal and Landscape Mod Permit -March 2016.docx 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, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on / g' , 20� -A.17°A2 (Print Name) On this day personally appeared before me_S{\n - OLAJC\ to me known to be the individual who executed the foregoing instrument and acknowledgthat he/she si d the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS `ot}Y\ DAY OF VA , 20 k6 CANDICE COLES STATE OF WASHINGTON NOTARY PUBLIC MY COMMISSION EXPIRES 01-22-20 CCaf1C'l\ CQ. Cc es NOTARY PUBLIC in and for the State of Washington residing at My Commission expires on 0 \ — ZZ —Z 0 ZC C:\Users\choun\Documents\Tree Removal and Landscape Mod Permit -March 2016.docx Cash Register Receipt City of Tukwila DESCRIPTIONS ACCOUNT QUANTITY PAID ProjectTRAK 112.3 L16-0026= Address: 14458 58TH AVE S Apn: 3365901190 112. TECHNOLOGY FEE TECHNOLOGY FEE TREE AND LANDSCAPE MOD NON -SHORELINE TOTAL FEES PAID BY RECEIPT: R8254 R000.322.900.04.00 R000.322.100.00.00 0.00 0.00 $5.35 $5.35 $107.00 $107.00 $112.35 Date Paid: Wednesday, April 20, 2016 Paid By: SANNY SA-NGOUN Pay Method: CASH Printed: Tuesday, April 19, 2016 4:57 PM 1 of 1 CRWSYSTEMS