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HomeMy WebLinkAboutPermit PL16-0033 - BINH TRAN - TREE REMOVAL / NON-SHORELINETRAN TREE REMOVAL SITE APN: 5379200225 APPROVED PARENT PROJECT NO: PL16-0033 PROJECT NO: L16-0038 June 30, 2016 f \ City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director STAFF REPORT AND NOTICE OF DECISION TO: Mr. Binh Tran, 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: L16-0038 Applicant: Binh Tran Type of Permit Applied for: Tree Cutting Permit Project Description: Removal and replacement of two trees in a steep slope area Location: 5165 S. 160th Street Associated Files: CE16-0204 Comprehensive Plan Designation/Zoning District: II. BACKGROUND Low Density Residential This tree permit is the result of a code enforcement action (CE16-0204) for the removal of trees in a steep slope area without a permit. A total of two trees were removed, both over 24 inches in diameter. The site of the tree removal is illustrated in the photos below: CPL Page 1 of 5 06/30/2016 4:12 PM H:\\ L16-0038 Tranl Tree Removal Staff Rpt.-NOD.docx 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 June 30, 2016 LI6-0038 Tran Tree Removal Staff Report and Notice of Decision CL H:\\L16-0038 Tran Staff Rpt.-NOD.docx Page 2 of 5 06/30/2016 4:12 PM June 30, 2016 LI6-0038 Tran Tree Removal Staff Report and Notice of Decision Staff Discussion 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 area requires a Tree Clearing Permit. The tree stumps and associated tree remnants of the two trees in the steep slope area was observed by Code Enforcement staff. Based on the tree replacement ratios found in TMC 18.54.130 3. a total of 16 trees will need to be planted to replace the trees that were removed. The applicant has planted a total of 49 Emerald Green Arborvitae trees along the street front to replace the two trees removed. Photos provided by the applicant of the tree stumps show that both trees had some degree of disease at their core prior to removal. The trees, when mature, will provide a screen from the street. The trees removed were both deciduous trees — the applicant has already selected Emerald Green Arborvitae trees as the replacement trees to provide screening for the site. 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: 1. A minimum of sixteen (16) replacement trees are required to be planted. CL H:\\L16-0038 Tran Staff Rpt.-NOD.docx Page 3 of 5 06/30/2016 4:12 PM June 30, 2016 LI6-0038 Tran Tree Removal Staff Report and Notice of Decision 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. 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. CL H:\\L16-0038 Tran Staff Rpt.-NOD.docx Page 4 of 5 06/30/2016 4:12 PM / \ June 30, 2016 L16-0038 Tran Tree Removal Staff Report and Notice of 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 H:\\L16-0038 Tran Staff Rpt.-NOD.docx Page 5 of 5 06/30/2016 4:12 PM nir LC-(-0-V'- v✓o-e teAch" S' c JS • 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. i eCityGov.net NWMaps.net Nearby Search Area (.25mi) Search Result Location City Limit Stream o c� c Parcel m 3 Floodplain CO 100 Year o crA rn Other Water Body Fish and Wildlife Habitat Area Wetland Wetland Buffer Stream Buffer Landslide Area Floodway Steep Slope Shoreline Jurisdiction Area Printed on 6/28/2016 Gma I K,.;.CEIVED JUN 282016 Community Development Bao Uyen Ta Hoang <baouyenemily@gmail.com> Compliance action by Binh Tran 3 messages Binh Tran <btran30@yahoo.com> To: mary.hulvey@tukwilawa.gov, baouyenemily@gmail.com Cc: carol.lumb@tukwilawa.gov 06/20/16 File#: CE16-0204 Mon, Jun 20, 2016 at 10:15 PM Dear Mary Hulvey, I'm Binh Tran and I locate at 5165 S 160TH ST Tukwila WA 98188. This letter is to inform you my reasons for cutting down my tree which led to unexpected complications, and my plan in the future in order to restore it. Firstly, the reason I cut down my tree in front of the gate because of the risk it could bring to my family. The tree was rotted in the inside and start to die. I attached with the email some pictures showing the rotted part in side of the tree. Also, it's branches fell on my family's cars and fences, creating danger and damage to our property. During the storm season, if the tree fall, it will fall Weaning to our house side thus putting my family at risk. This had happened with the tree by my house. There was one which stood beside my house and it fell off blocking the road because it was so rotted. Hence, with the fear putting my family at risk since my children love to play outside the yard, I decided to cut down the tree to ensure the safety of my family. Secondly, I understand you guys want to maintain the green environment as much as I do. My plan to restore the tree I cut down is by planting new pine trees around my fences surrounding the house. I'm working on this plan because I want to tum this house into a sweet one which provide my children the best surrounding. Therefore, I had planted 20 pine trees at the front gate and planning to plant 20 more in coming weeks. In the future, new pine trees will be planted by the fences creating green for our yard, both at the front and back. These new trees will provide a better and fresher environment for my family as well as I believe, our city. Cutting down the tree was my unavoidable decision. Thus, with the desire to maintain the environment as beautiful as it is right now, I am happily willing to restore the cut down tree with numerous of new pine trees. I hope it will balance the environment. Also, I would like to invite you to double check the new trees to make sure they are appropriate. Your recommendations are profoundly helpful for me to contribute in protecting and restoring our environment. Lastly, due the violation of wrongly parking I would like to show my compliance by removing wrongly parked. Since I can only park 10% of overall land, I am going to move the cars in to according to the law. Overall, I really appreciate your notice and given chance to explain my actions. I will comply order protect our environment based on your help and recommendation. Please contact me further concerns at 425-773-8338. Thank you in advance for your time and consideration. Looking forward to your reply. Sincerely, Best regards, Binh Tran Attached here are the pictures of the rotted tree and the new pine trees we are planting: all the cars appropriate land to the law in if your have any Sent from my iPhone 14 attachments image1.jpeg 1389K image2.jpeg 1990K t image3.jpeg 4 } 1715K rb,, image4.jpeg "7'4' 1665K RECEIVED JUN 2 8 2016 Community Development NWMaps Property Report 5165 S 160TH ST, Tukwila 98188 eCityGov.net Tuesday, June 28, 201( 1Z Property Overview Address: 5165 S 160TH ST, Tukwila 98188 Parcel Number: 5379200225 City: Tukwila Detailed Property Report: More info for !.,3/920027`) Taxpayer: Binh Q Tran Neighborhood: McMicken School District: Highline School District -- Nearby Search Area (.25mi) 111 Search Result Location This report was generated by www nwmaps.net a web application provided by KityGov not, Page 1 of 9 0 w 17.1 5165 S. 160TH ST. eo 0 c� :- Dc . mer: The eCityGov Alliance or its member agencies do not guarantee that the information on this map is aegcgate or complete. This map is provided for information purposes only. 00 Li eCityGov.net NWMaps.net Nearby Search Area (.25mi) Search Result Location L_; City Limit Printed on 6/28/2016 4 IIZ, 35" CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX: (206) 431-3665 TREE REMOVAL AND LANDSCAPE MODIFICATION PERMIT INFORM A TION Tukwila's Tree Regulations (TMC 18.54) regulate the clearing of trees and understory vegetation in environmentally sensitive areas (wetlands, watercourses, and steep slopes, including their buffers). The City's Sensitive Areas Regulations also regulate vegetation removal within sensitive areas and their buffers. Generally, when significant (4 inches or more in diameter) trees are removed from sensitive areas, tree replacement is required. This permit should be used for tree removal in sensitive areas, when it does not involve significant vegetation clearing, i.e., when one or two trees are being removed. Trees must be replaced according to the replacement ratios established in the Tree Regulations (and presented below). Trees to be removed must be identified as to species and diameter at 4 feet above the ground (dba). A plan must be submitted detailing the number of replacement trees required, the proposed species and the proposed locations. Removal of trees that are hazardous do not require a tree removal permit, but the property owner must be able to document that the tree is hazardous' (if the hazard is not obvious, a risk assessment by a certified tree risk assessor' may be required, and if in a wetlar:d or water course or their buffer, replanting is required. Replacement trees in wetlands, watercourses and their buffers must be species native to the Puget Sound region and appropriate for the site (taking into account shade, moisture, and space requirements. Removal of trees or other landscaping from sites with required landscape plans that were approved under a permit is governed by Tukwila's Landscape Code (TMC 18.52). Per the Landscape Code, all approved landscaping must be maintained for the life of the project, which means trees or other landscaping may not be removed and trees may not be topped (except when there are overhead electrical lines threatened by tree canopy). Removal or topping of trees in required landscaped areas requires this permit and tree replacement with a species that will achieve a similar canopy at maturity (unless there are limitations of space). Landscape trees must be replaced on a one-to-one ratio and at the size requirements specified in the code. Complete renovation/replacement of previously approved landscaping requires submittal of a full revised landscape plan. For tree removal in the GreeniDuwamish Shoreline, a different permit and replacement ratio is required (Shoreline Tree Removal and Vegetation Clearing Permit). For tree removal in the public right-of-way, a special permit is required from the Public Works Department. PROCEDURES: At the time you submit your application you must have all of the items listed on the attached "Complete Application Checklist." You may request a waiver from items on the checklist that are not applicable to your project. Please discuss this waiver request with City staff either at a pre -application meeti,rlg or at the time of application submittal. Within 28 days of receiving your application, City staff will determine if it is complete based on the attached checklist. If not complete City staff will mail you a letter outlining what additional information is needed. If you do not submit requested materials within 90 days from the City's request for additional information the City may cancel your application. Once the application is complete it will be reviewed by the Director who will issue a decision to approve, modify or deny the application based on the review criteria. EXCEPTIONS: Per TMC 18.54.140 the Director of Community Development may grant exceptions for tree surveys required under the Tree Regulations when undue hardship may be created by strict compliance with the provisions of the chapter. An application for an exception must be submitted by the property owner to the Department of Community Development and shall accompany the Tree Removal and Landscape Modification Permit application. 'Definition of a hazardous tree (TMC 18.06.395) "a tree with a structural defect or disease, or which impedes the safe vision or traffic flow. or otherwise currently poses a threat to life or property". 2 International Society of Arborists, see: http://pnwisa.org/hire-an-arborist/isa-certified-arborist-director}/ W 'Applications -Handouts. Land Use\CURRENT LAND USE APPLICATIONS\Tree Removal and Landscaoe Mod Permit -March 71116 rim, l 1 For landscape plan modifications, tree replacement location or species to be planted may take into account space limitations, interference with above or below ground utilities, and existing tree species nearby. COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City Staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: 1. Application Checklist one (1) copy, indicating items submitted with application. 2. Permit Fee: See Land Use Fee Schedule for standard application fee. 3. Completed Application Form and drawings (,l-eopies). ( cop9 4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property 5. One set of all plans reduced to either 8 1/2" x 11" or 11" x 17". 6. Written response to the approval criteria at TMC 18.54.130. 7. Written response to the exception criteria at TMC 18.54.140 if any exceptions are requested. 8. Professional review of the replacement plan by a landscape architect, certified arborist, or a biologist 9. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect vegetation in sensitive areas, sensitive area buffers or in landscaped areas where a landscape plan was required and approved when the project was constructed.. SITE PLAN: 10. (a) The site plan must include a graphic scale, north arrow and project name. Maximum NIA— (b) Existing and proposed building footprints and utilities. rJ 1 4- (c) Limits of construction. fJ 1 A— (d) Parking lots, driveways and fire access lanes. ) (e) Fences, rockeries and retaining walls. I% Existing (f) and proposed topography at 2-foot contour intervals. (g) Location of all sensitive areas (e.g. streams, wetlands, slopes over 15%, and their buffers and Diameter, (h) species name, location and canopy of existing significant trees. (i) Identification of all significant trees to be removed and/or relocated. Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning PROPOSED TREE REPLACEMENT PLAN: 11. (a) Landscape planting plan by a Washington State licensed landscape architect, certified arborist, or biologist'. Maximum size 24" x 36". (b) Diameter, species name, spacing, size and location of replacement trees/vegetation to be used to (c) Proposed tree relocation plan (methods, protection of tree during process) (d) Proposed tree maintenance plan (watering, weeding, mulching, etc.). 3 For single family nronertv owners. this requirement may he. waivari if they aarea to .,,nrU .1,1th r,;,., ot�ff CITY OF TUKWILA Department of Communityg E D 6300 Southcenter Boulevard, u 1 Telephone: (206) 431-3670 JUN 282016 Community Development TREE REMOVAL AND LANDSCAPE MODIFICATION PERMIT APPLICATION FOR STAFF USE ONLY Planner: Application Complete Date: Application Incomplete Date: File Number:L i 1 Project File Number: p�/% Other File Numbers: NAME OF PROJECT/DEVELOPMENT: BRIEF DESCRIPTION OF PROJECT: Tree- r4~�j� LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and neayest intersection. / Z o 14. _ kit/ -1- ' l f LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: o 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 o is the primary contact with the City to whom all notices and reports will be sent. Name: ��� eA /t141 Address: `"J / 6 6- Q ' / ( )rll CT / 1 / ..s/'/t/, gr l cS Phone: E-mail: Signature: FAX: Date: OfriQs/ z-toti„ 1x,., Au a .... �_ a.,._,,.,in.,n.,T..l....,.•-• f � 7 1 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, agent5`other representatives t engineers, contractors or he right to enter upon Owner's real / F..d5 S / 6D property, Located at 5 1 5,4 ! 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 l/ kfla (city), \L- (state), on Q6 /a-4<.? 20 //iV// 7— (Print Name) (Address) yzcr= 773_ C3gg (Phone Number) (Signature) On this day personally appeared before me j `'l -- ra-4& executed the foregoing instrument and acknowledged that t9'she signed the same as purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON 7'� o ` f:.:' ; ��,,i s of y �I. t� `u Pp NOTARY P residing at to me known to be the individual who /her voluntary act and deed for the uses and C in an fojthe S My Commission expires on 10-1q-- �Iq 1 :.�R�� V�I�I�W.�C�' R.I'T�I��R•I�A� _ s., The applicant bears responsibility for demonstrating that the proposal satisfies all of the permit approval criteria. Planning Division staff are available to discuss the decision criteria you must respond to and necessary supporting materials. PERMIT APPROVAL CRITERIA To the extent that vegetation retention and/or replacement is consistent with project feasibility or reasonable use of the property, vegetation clearing shall be planned and conducted to meet all of the criteria below. These criteria shall be the basis for approval, approval with conditions or denial of any tree clearing included in a Tree Removal and Landscape Modification Permit application. Tree Replacement Standards a. Tree Replacement in Sensitive Areas (wetlands, watercourses, buffers and steep slopes). 1). Each existing significant tree removed shall be replaced with new tree(s), native to the Pacific Northwest and the number of trees to be replaced will be based on the diameter of the existing tree as shown below, up to a maximum density of 70 new trees per acre. 2). Tree Replacement Ratios Diameter of Existing No. of Replacement Tree Removed Trees Required 4 - 8 inches .1 8 - 12 inches 2 12 - 18 inches 4 18 - 24 inches 6 >24 inches 8 3) Tree sizes. Replacement tree sizes at planting shall be determined on a case by case basis, but generally in watercourses and wetlands and their buffers, replacement plants may be between 1 and 5 gallon potted plants. Large caliper replacement trees, as specified in the landscape code may be required for steep slope tree replacement. b. Tree Replacement in Landscaped Areas 1) Each tree removed will be replaced on a one-to-one basis with a species that will attain a similar size and canopy coverage at maturity as the removed tree would have attained. 2) Exceptions will be considered if there are utility, overhead electrical, lines, or other space limitations. 3) Replacement Tree Quality and Size. Prior to any tree removal, the applicant shall demonstrate through the Tree Replacement Plan that replacement trees will meet the following minimum standards: a. Minimum sizes shall be 2.5-inch caliper for deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for groundcover. b. Replacement plants shall meet current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA); c. Trees shall be species suited to and adapted to the local climate. d. Planting and maintenance of required replacement trees shall be in accordance with best management practices which ensure the tree's long-term health and survival. c. Impacts to Surrounding Environment - The timing of, and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized. d. Tree Relocation - Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival. 411 , ohM1 r