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HomeMy WebLinkAboutPermit PL18-0013 - BARNABY'S BUFFER RESTORATION - SPECIAL PERMISSIONBARNABY'S BUFFER RESTORATION 2523049007 PARENT FILE PL18-0013 THIS FILE L18-0019 SPECIAL PERMISSION/LANDSCAPING • City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director September 7, 2018 NOTICE OF DECISION TO: James Rooney, Columbia Trust Company, Agent for Applicant/Owner. Washington State Department of Ecology Muckleshoot Indian Tribe 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 FILE NUMBER: L18-0019 APPLICANT: James Rooney, Columbia Trust Company, for Desimone Trust REQUEST: Special Permission to extend by one year the nonconforming status for both the use and structure located in the Urban Conservancy buffer from the Green River shoreline. LOCATION: 16401 West Valley Highway, Parcel 252304-9007 SEPA DETERMINATION: The project is exempt from SEPA. COMPREHENSIVE PLAN DESIGNATION: Tukwila Urban Center/Transit Oriented Development District ZONE DESIGNATION: Tukwila Urban Center/Transit Oriented Development District II. DECISION SEPA Determination: The project is exempt from SEPA. 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 the application, permitting shoreline buffer restoration work and extending the nonconforming use and structure rights on the Property until February 23, 2019, subject to the following conditions: Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov • L18-0019 Page 2 1. Provide a bond or cash assignment to cover 150% of the cost of installation and 5 years of maintenance and monitoring for the project to the City of Tukwila by October 4, 2018. 2. Work must begin in 2018 on Tasks 1 and 2 in the approved Restoration Plan, ivy and blackberry control. 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. One administrative appeal to the Hearing Examiner of the Decision on the Permit 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 September 18, 2018. 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. 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. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov L18-0019 Page 3 • • 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. 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. 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 Nora Gierloff, who may be contacted at 206-433-7141 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. Jack P ce, l 'rector Depa ment of Community Development City of Tukwila Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov • City of Tukwila • Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director FILE NUMBER: APPLICANT: REQUEST: LOCATION: SEPA DETERMINATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: STAFF: ATTACHMENTS: PROJECT DESCRIPTION STAFF REPORT TO THE DIRECTOR September 6, 2018 L18-0019 James Rooney, Columbia Trust Company, for Desimone Trust Extend by one year the nonconforming status for both the use and structure located in the Urban Conservancy buffer from the Green River shoreline. 16401 West Valley Highway The project is exempt from SEPA Tukwila Urban Center/Transit Oriented Development District Tukwila Urban Center/Transit Oriented Development District Nora Gierloff, DCD Deputy Director Andrea Cummins, Urban Environmentalist A. Special Permission Application B. Habitat Restoration Plan, revised 8/27/18, prepared by Earth Corps C. Response to Criteria The applicant is requesting a one year extension of the nonconforming status of the existing structure that is located primarily in the 100-foot shoreline buffer as well as the non -conforming use that formerly occupied the building. The applicant proposes to restore 275 of the 286 linear feet of shoreline on the parcel, or approximately 14,399 square feet. Invasive plants such as blackberry and ivy will be removed from the buffer area and 100 native trees and 3,500 shrubs will be planted in the buffer, in Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov • • L18-0019 Buffer Restoration September 6, 2018 addition to 600 live -stakes along the immediate shoreline. The vegetation will be maintained for five years and irrigated for three years to ensure plant establishment and survivability. BACKGROUND The site was formerly occupied by a Barnaby's restaurant, which was constructed in 1976 and conformed to the shoreline regulations in effect at the time, which were adopted in 1974. These regulations established a 50-foot buffer measured from the mean high water mark. The current Shoreline Master Program, adopted in 2011, established a more stringent buffer width of 100 feet, measured from the ordinary high water mark, which places almost two-thirds of the existing structure within the buffer. TMC 18.44.130 states that if a nonconforming use ceases for a period of 24 months, or if a nonconforming structure is vacated for 24 consecutive months, then the subsequent use or structure must conform to the current regulations. This would mean the structure would need to be moved outside of the shoreline buffer. The restaurant use ceased in 2013 and subsequently an event center was approved for the location within the 24 month period. The lease for the event center was terminated on February 23, 2016 and since that time, the property owner has been marketing the property and has not found a tenant. The non -conforming rights were due to expire on February 23, 2018 had an extension request not been submitted on that date. TMC 18.44.130.E.4., as detailed in the Decision Criteria section below, provides an opportunity for the extension of a nonconforming use and/or structure when certain criteria are met. DECISION CRITERIA This report provides an overview of project consistency with applicable criteria for allowed uses in the shoreline environment, followed by discussion of the mitigation plan, comments, conclusions, and recommendations. Criteria Staff Analysis 18.44.130.E.4. Requests for Time Extension - Nonconforming Uses and Structures 1. Non -Conforming Uses. Any non -conforming lawful use of land that would not be allowed under the terms of this chapter may be continued as an allowed, legal, non -conforming use, defined in TMC Chapter 18.06 or as hereafter amended, so long as that use remains lawful, subject to the following: a. No such non -conforming use shall be enlarged, intensified, increased or extended to occupy a greater use of the At this time, the applicant is not requesting to move or expand the land, structure or combination of the two, than was occupied at the effective date of adoption of this chapter except as authorized in TMC Section 18.66.120. b. No non -conforming use shall be moved or extended in whole or in part to any other portion of the lot or parcel nonconforming use for the site. NG Page 2 of 6 9/6/2018 3:31 PM L18-0019 Buffer Restoration September 6, 2018 occupied by such use on the effective date of adoption of this chapter. c. If any such non -conforming use ceases for any reason for a period of more than 24 consecutive months, any subsequent use shall conform to the regulations specified by in this chapter for the shoreline environment in which such use is located. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown, the City Council may grant an extension of time beyond the 24 consecutive months using the criteria set forth in TMC Section 18.44.130.E.4. d. If a change of use is proposed to a use determined to be non -conforming by application of provisions in this chapter, the proposed new use must be a permitted use in this chapter or a use approved under a Type 2 permit with public notice process. For purposes of implementing this section, a change of use constitutes a change from one permitted or conditional use category to another such use category as listed within the Shoreline Use Matrix. e. A structure that is being or has been used for a non -conforming use may be used for a different non -conforming use only upon the approval of a Type 2 permit subject to public notice. Before approving a change in non -conforming use, the following findings must be made: (1) No reasonable alternative conforming use is practical. (2) The proposed use will be at least as consistent with the policies and provisions of the SMP and as compatible with the uses in the area as the non -conforming use. (3) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose. (4) The structure(s) associated with the non- conforming use shall not be expanded in a manner that increases the extent of the non -conformity. (5) The change in use will not create adverse impacts to shoreline ecological functions and/or processes. (6) The applicant restores and/or enhances the entire shoreline buffer, including but not limited to, paved areas no longer in use on the property, to offset the impact of the change of use per the vegetation management standards of this chapter. This may include the restoration of paved areas to vegetated area if no longer in use. (7) The use complies with the Type 2 permit process of TMC chapter 18.104. (8) The preference is to reduce exterior uses in the buffer to the maximum extent possible. 2. Non -Conforming Structures. Where a lawful structure exists on the effective date of adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on height, buffers or other characteristics of the structure, it may be continued as an allowed, legal structure The applicant requested an extension of time prior to the expiration of the 24- month period. At this time, the applicant is not requesting to change the nonconforming use established on the site. At this time, the applicant is not requesting to change the nonconforming use established on the site. NG Page 3 of 6 9/6/2018 3:31 PM L18-0019 Buffer Restoration September 6, 2018 so long as the structure remains otherwise lawful subject to the following provisions: a. Such structures may be repaired, maintained, upgraded and altered provided that: (1) The structure may not be enlarged or altered in such a way that increases its degree of nonconformity or increases its impacts to the functions and values of the shoreline environment except as authorized in TMC Section 18.66.120; and (2) The cost of the alterations may not exceed an aggregate cost of 50% of the value of the building or structure in any 3-year period based upon its most recent assessment, unless the amount over 50% is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. b. Should such structure be destroyed by any accidental means, the structure may be reconstructed to its original dimensions and location on the lot provided application is made for permits within 12 months of the date the damage occurred and all reconstruction is completed within two years of permit issuance. In the event the property is redeveloped, such redevelopment must be in conformity with the provisions of this chapter. c. Should such structure be moved for any reason or any distance whatsoever, it shall thereafter conform to the regulations of this chapter after it is moved. d. When a non -conforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of this chapter. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown, the City Council may grant an extension of time beyond the 24 consecutive months using the criteria in TMC Section 18.44.130.E.4. e. Residential structures located in any Shoreline Residential Environment and in existence at the time of adoption of this chapter shall not be deemed nonconforming in terms of height, residential use, or location provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions, location and height, but may not be changed except as provided in the non -conforming uses section of this chapter. f. Single-family structures in the Shoreline Residential Environment that have legally non -conforming setbacks from the OHWM per the SMP buffer shall be allowed to expand the ground floor only along the existing building line(s) as long as the existing distance from the nearest point of the structure to the OHWM is not reduced and the square footage of new intrusion into the buffer does not exceed 50% of the square footage of the current intrusion. As a condition of building permit approval, a landscape plan showing removal of invasive plant The structure was lawfully constructed prior to the adoption of the current Shoreline Master Program. At this time, no external alterations are proposed to the structure. Structurally necessary improvements to the building have been approved and constructed in the past. The applicant is not requesting to move the structure. The applicant requested an extension of time prior to the expiration of the 24- month period. N/A N/A NG Page 4 of 6 9/6/2018 3:31 PM L18-0019 Buffer Restoration September 6, 2018 species within the entire shoreline buffer and replanting with appropriate native species must be submitted to the City. Plantings should be maintained through the establishment period. g. A non -conforming use, within a non -conforming structure, shall not be allowed to expand into any other portion of the structure. 3. For the purposes of this section, altered or partially reconstructed is defined as work that does not exceed 50% of the assessed valuation of the building over a three-year period. 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive months, an extension of time beyond the 24 consecutive months. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non- conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of this program shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. b. Conditions may be attached to the permit that are deemed necessary to assure compliance with the above findings, the requirements of the Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. The request for a time extension was received by the Department prior to the end of the consecutive 24-month time period specified in TMC 18.44.130.1.c. and TMC 18.44.130.2.d. The applicant has provided a response to these criteria in Attachment C. Commercial uses in the buffer are limited to water oriented and water dependent uses and water access is limited by the steep grade of the bank, making a reasonable alternative conforming use impractical. These constraints have limited the site's marketability and range of commercial uses. The value of improvements allowed to the structure has already been exceeded due to necessary structural repairs so there is limited ability to perform additional tenant improvements for a new tenant. The applicant has hired Earth Corps to analyze the condition of the shoreline buffer and prepare a restoration proposal that addresses the criteria set forth in (3). There are 286 linear feet of shoreline on the subject site. The applicant is proposing to restore 275 linear feet of shoreline. The calculation is made up of two components: 15% of the buffer area must be restored for each 6 month extension of non- conforming structure. 15% multiplied by 2 multiplied by 286 linear feet = 86 feet. 66% of the structure is located within the buffer; multiplied by 286 linear feet = 189 linear feet. This totals 275 linear feet or 96% of the buffer. NG Page 5 of 6 9/6/2018 3:31 PM • • L18-0019 Buffer Restoration September 6, 2018 COMMENTS A Notice of Application was mailed on March 20, 2018 to agencies with jurisdiction. Comments were received from the Muckleshoot Tribe on April 3rd and responses were provided by the applicant. The applicant's July 24th resubmittal was provided to the Tribe on August 15th and no further comments have been received. CONCLUSIONS 1. The applicant submitted a Special Permission request for an extension to the non- conforming use and structure prior to the expiration of the 24 month vacancy period, see Attachment A. 2. The Habitat Restoration Plan dated August 27, 2018, provides for control of weeds and invasive species, specifies installation of appropriate native vegetation and includes maintenance through the establishment period and therefore meets the requirements contained in TMC 18.44. See Attachment B. 3. The City has provided information and assistance to the Desimone Trust and its consultants as they have attempted to identify a tenant for the property over the past several years. The constraints of the site and structure have limited its marketability and range of commercial uses so they are justified seeking additional time to establish a tenant. See Attachment C. RECOMMENDATIONS Staff recommends approval of the Special Permission permit for the shoreline buffer restoration work and extension of the non -conforming rights to the use and structure until February 23, 2019, with the following conditions: 1. Provide a bond or cash assignment to cover 150% of the cost of installation, maintenance and monitoring for the project to the City of Tukwila by October 4, 2018. 2. Work must begin in 2018 on Tasks 1 and 2 in the approved Restoration Plan, ivy and blackberry control. NG Page 6 of 6 9/6/2018 3:31 PM CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 SPECIAL PERMISSION - DIRECTOR APPLICATION Planner: FOR STAFF USE ONLY Permits Plus Type: P-SP File Number: Application Complete Date: Application Incomplete Date: Project File Number: 'VLX" r, C ,( )''t> IOther File Numbers: ' NAME OF PROJECT/DEVELOPMENT: x' 'l YEA I)lll - ' 'iS- � ' 'RioezA tilt BRIEF DESCRIPTION OF PROJECT: l "i , �,'. a , -1-1 ! ` - ' i ' - y - LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 1(04G1 Wtes+ Valk-eq 14u.)-t4�)Lw1i�, 1A-A 11 LIST ALL .TAX LOT NUMBERS (this information may be found on your tax statement). 2 52' 001- — 0 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: IQ 1 CIO AML 01( 91Q") R-021 Q-W l Address: I Z O \ -1 h t rd AWA Jb k.,5Ci 1 J Phone: Jl v "CO iv Y-3 FAX: 20(r> (P Cc L E-mail: (i I C o .e %tC • Cl rr1 GL LV1 tD ALA lak-e.E-i..t*l (1,11/ � I Signature: �-44-,t. L1... ' `— Date: 2. ( \\deptstore\City Common \Teri\Revisions fu Progress\Special Pcm!ission Director -March 201 I.docx € CED'IEJ FEB 2018 i Attachment A STATE OF WASHINGTON COUNTY OF KING 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 ss 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 ((pt f0 ( 14\1•FS-Va txt'j y-f ,� "N Art , tAi A 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 Toss 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. //,,,�,,� "l EXECUTED at SC0...."41 A (city), 1/L/ A (state), on 2- /2Z 20 r `C (ole1c ti i 'vt (Print Name) tint t ✓{of�r-c 5vt_E SQ I b, C94 , L4I.-6/0/ (Address) W3-3 (Phone Number) U�P 610N .Kke . (Signature) Go —t 1 uC -e. '6-69' Y— On this day personally appeared before me \J : (C;1. e - Ate ey .i c.• to me known to be the individual who executed the foregoing instrument and acknowledged that/she signed the same as •h s/her voluntary act and deed for the uses and purposes mentioned therein. .M.W77737 T State of Waabiagtot. LAURIE SOLOWAY i Y COMMISSION 1BXPIREEP MARCH 2.2020 RE ME ON THIS 2. 2-. DAY OF ic, 10 i^u ei v t.. tom'.- - :_)t .. J NOTARY PUBLIC in and for the State o¢'Washington residing at .K 2 et, 0,L; i , , .-f-z 7 / / i My Commission expires on .5/ 2. , • L ( lldeptstore\City Common\Teti\Revistons In Progress\Special Permission Director -March 201 I.docx ,20 / • • Desimone Trust Property Habitat Restoration Plan- REVISED 2 Prepared for: Jamie Rooney Columbia Trust Company 1301 A Street, Suite 800 Tacoma, WA 98401 Tel: 253-305-1577 REVISED August 27, 2018 6310 NE 74th St, Suite 201E Seattle, WA 98115 www.earthcorps.org EarthCorps © 2018 All rights reserved. Attachment B • • Scope of Work: Desimone Trust Property Habitat Restoration Project- REVISED 2 / page 2 NARRATIVE This Plan is a provided as a supplement to the February 9, 2018 report written by EarthCorps for the same property. Desimone Trust is now interested in increasing the restoration site from 81% to 96% in order to apply for a permit with the City of Tukwila to extend a deadline for a non -conforming use and structure at 16401 West Valley Highway, Tukwila WA 98168 (parcel #252304-9007). To obtain the stated permit, 96% of the shoreline (Attachment A) will need to be restored/enhanced. The total length of the shoreline on the property is approximately 286 linear feet, with 96% representing 275 linear feet or approximately 14,399 square feet. EarthCorps' recommendation is to start the project at the SE property line and travel 275 linear feet downstream. In addition, a budget for the implementation of the plan by EarthCorps is provided in Attachment B, though note that this does not ensure the availability of EarthCorps to conduct the work as described. Project Highlights: • 14,399 square feet with 275 linear feet of habitat restoration • 100 native trees and 3500 shrubs installed, in addition to 600 live -stakes along the immediate shoreline • 5 years of vegetation maintenance (2020-2024) • 3 years of watering (2020-22) Project Details: Task 1- English ivy control: Initial English ivy control will be conducted manually in late Fall 2018 on the upland/ flatter sections of the site (MU# 1- approximately 6,625 square feet) and include survival rings on existing trees. Note that the English ivy on the steeper slopes (MU# 3) will remain and be controlled with herbicide in task 3 in order to maintain the integrity of the slope and minimize erosion. All initial removal of plant material will be hauled off site via a dumpster to a composting facility. Bare ground will be covered with wood straw (http://www.woodstraw.com) at 50% coverage. Task 2- Himalayan blackberry control and erosion control: Himalayan blackberry will be brush cut and cut to Tess than 2-foot-long sections and left onsite to minimize erosion in MU# 2 and parts of MU# 3. In addition, straw wattles will be installed along the river and at intervals throughout the site based on the steepness of the slope. Task 3- Himalayan blackberry and English ivy control: Aquatic approved herbicide will be used on Himalayan blackberry' and English ivy2 re -growth. English ivy remaining on the steep slopes 1 Aquatic approved glyphosate 5%, surfactant 1% 2 Aquatic formulation of triclopyr 2%, glyphosate 4%, surfactant 1% • • Scope of Work: Desimone Trust Property Habitat Restoration Project- REVISED 2 /page 3 will also be controlled with herbicide (MU#'s 1, 2, and 3). This task is recommended at two intervals in spring and late summer 2019. NOTE: City of Tukwila will receive pre -notification of herbicide application per TMC 18.44.D.3. Task 4- Native tree, shrub and live stake installation: Native trees at 9-10 feet on -center and native shrubs at 5 feet on -center will be planted throughout the site along with mulch rings to retain moisture. Live stakes will be installed along the bank at 1.5 feet on center (Nov -Dec 2019). Task 5- Site maintenance - watering: This task includes watering of the installed native plants every two weeks from mid -June to early September for three years (2020-22). Task 6- Site maintenance — weed maintenance: This task includes vegetation maintenance of the site two times per year (spring and late summer) for five years (2020-24). Task 7- Monitoring: Annual monitoring reports will be submitted to the City of Tukwila by November 30th for five years (2020-24) and include plant survival, native plant species richness, native woody cover, and invasive plant species percent cover. Monitoring plots will be established and baseline data collected following the plant installation in 2019. Photo monitoring will be established prior to invasive species control and will be monitored on a yearly basis through 2024. Performance Standards shall be followed as described in Attachment C. Based on monitoring, additional maintenance and/or installation of native plants may occur in order to meet performance standards. Planting notes: All tree and shrub species (both potted and live stakes) will be native to the Pacific Northwest and demonstrated to provide erosion control and slope stabilization such as those found in Table 3 of the WA DOE Plant Selection Guide (https://fortress.wa.gov/ecy/publications/documents/9330.pdf). Installed potted plants will be monitored and replaced as necessary to maintain a greater than 80% survival rate. SCHEDULE # Task Timeline 1 English ivy control Late fall 2018/ winter 2018-19 2 Himalayan blackberry brush cutting and erosion control installation Late fall 2018/ winter 2018-19 3 Himalayan blackberry and English ivy control Spring and late summer 2019 4 Native tree and live stake installation Late fall 2019 5 Site maintenance- watering Spring and summer 2020-22 6 Site maintenance- maintenance Spring and summer 2020-24 7 Monitoring Fall 2019-24 • • Scope of Work: Desimone Trust Property Habitat Restoration Project- REVISED 2 / page 4 EARTHCORPS BACKGROUND EarthCorps is a non-profit organization founded in 1993 with a mission to build a global community of leaders through local environmental service. EarthCorps provides a year- long intensive program for young adults from the US and 80 other countries to learn best practices in community -based environmental restoration and develop their leadership skills as they supervise more than 10,000 volunteers each year. Location Restoration EarthCorps' core expertise is community -based environmental restoration. We regard restoration as a process of reestablishing healthy habitat: returning a polluted or degraded environment as closely as possible to a thriving, self-sustaining ecosystem. As restoration practitioners, our goal is to expedite natural processes in rebuilding a functioning natural ecosystem. Environmental service is a uniquely effective way to build community. When people put their hands into the dirt together and see their efforts transform a threatened area into a more vibrant landscape, they forge a special bond, empowering themselves and their community. Global Leadership Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn multiple restoration techniques, try out project design and management, develop leadership and team -building skills, and help manage thousands of local volunteers on projects. EARTHCORPS PROJECT LEAD: Bill Brosseau, Operations Director Tel: (206) 322-9296 ext. 207 Cell: (206) 255-4158 Email: bill@earthcorps.org Nelson Salisbury, Senior Ecologist & GIS Specialist Tel: (206) 322-9296 ext. 214 Email: nelson@earthcorps.org Desimone Trust - Tukwila, WA Shoreline Habitat Improvement Plan We albs Id Southc•net r Tue./Ile Pond Par MU 1 Hand Pull 6,625 Sq Ft MU 3 Spray 4,214 Sq Ft Project Location MU 2 Brush/Spray 3,560 Sq Ft illa PIN: 2523049007 Attachment A Legend MGMT Units Parcels Contour 5ft Shoreline Restoration Total linear feet of shoreline: 286 ft Riparian Enhancement (96%): 275 ft S Feet 15 30 60 1:516 EarthCorps © 2018 Attachment B Budget The following budget is for the implementation of the Desimone Trust Habitat Restoration Plan. Crew Labor $ 47,700.00 Project Management $ 17,710.00 Materials* $ 10,600.75 Subtotal $ 76,010.75 Materials & Handling Fee (10% of Total Materials) $ 1,060.08 TOTAL FEE $ 77,070.83 SalesTax: 10% $ 7,707.08 TOTAL PAYABLE $ 84,777.91 * Dumpster fee is based on 20 cubic yards of plant material. Any additional plant material will be billed separately. ** Bond requirement per August 16, 2018 letter from the City of Tukwila is not included in the budget and will be an additional cost. EarthCorps will provide the following: • An assigned project manager to coordinate with the landowner to schedule stated tasks, purchase materials and maintain communication throughout the project. • A 20 cubic yard dumpster for initial invasive plant control • A porta toilet during multiday tasks • All materials • Basic hand tools along with access to power tools (brush cutter and chainsaws) and specialized equipment including herbicide application equipment. • Training and education in ecological restoration best management practices, ecology, leadership and community outreach. • Washington State Licensed Herbicide Applicator onsite as needed. • Workers' compensation, health insurance, and related taxes. • Washington Labor & Industries documentation • Administrative/ payroll and human resource services. Landowner will provide the following: • Access to the site including ability to stage a dumpster, port -a -toilet and materials • City of Tukwila permits related to the project • • Attachment C Performance Standards These performance standards will be used to evaluate the success of all restoration activities during the course of the monitoring period. If, during any monitoring year, itis shown that these standards are not met or are not likely to be met, adaptive management actions will occur. These actions could include, but are not limited to: invasive species removal or treatment, additional plant installation, or other actions as deemed necessary to meet the goals and objectives of the shoreline restoration. Objective 1: Plant Establishment 1A Plant Survival: Plant survival will be greater than 80% at the completion of the monitoring period (Year 5). • Monitoring Methodology: Plots shall be established in order to sub -sample tree, live stake, and shrub installations. The shape, size, and number of plots will be determined and established by the contractor following initial planting, and revisited on a yearly basis through Year 5. Plots will be permanently marked in the field for relocation. 1B Species Richness: By Year 5, at least four (4) native shrub species and three (3) native tree species will be established on site. No single species will represent more than 50% of each functional group (shrubs and trees). Existing vegetation as well as appropriate native volunteer species can be counted towards this standard. • Monitoring Methodology: Visual assessment of entire site. 1C Woody Cover: Native woody cover will exceed 50% across the site. Existing vegetation as well as appropriate native volunteer species can be counted towards this standard. • Monitoring Methodology: Woody cover will be estimated in plots established in Performance Standard 1A. Adaptive management shall be implemented if cover is expected not to meet the 50% standard following monitoring in Year 2. Objective 2: Invasive Species Control 2A Invasive Species: In any year during the monitoring period, invasive species cover will be Tess than 10% total cover across the entire restoration area. Invasive species are defined here as any species that has been given a legal designation by the King County Noxious Weed Control Program, and shall include those species indicated as "Non - regulated Noxious Weeds" and "King County Weeds of Concern". • Monitoring Methodology: Visual assessment of entire site by Management Unit. In addition, invasive cover will be estimated in plots established in Performance Standard 1A. Adaptive management shall be implemented if overall invasive • • Attachment C species cover is determined to be greater than 10% (on average) using either method described above. For example, if the average of invasive species cover is estimated to be more than 10% across each of the three Management Units OR the average of invasive species cover is estimated to be more than 10% across each of the established monitoring plots, then this Performance Standard will not be met for that year and adaptive management will be necessary. Objective 3: Photo Monitoring • Monitoring Methodology: Photo monitoring points shall be established and baseline photographs taken prior to any management activities. Photo points shall be permanently marked in the field and indicated on a map in order to facilitate relocation. Repeat photography shall occur each year beginning in 2018 and should be completed during the growing season (June -August) and taken at relatively the same time each year. • • August 21, 2018 Nora Gierloff City of Tukwila 6200 Southcenter BLVD Tukwila, WA 98188 Ms. Gierloff: This letter is in response to an August 16, 2018 letter regarding L18-0019-Barnaby's Buffer Restoration. Please accept this letter as a formal response to your request for more clarity concerning the Non- conforming Uses and Structures section. (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical. For months the Trust worked with the City to change the use so that Mary's Place could occupy. This use was denied by the City. The current structure is limited to the existing use. Access to the river for a dock would be challenging due to the bank grade. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. The restrictions on the SMP limited the improvement costs on the property to 50% of the improvement assessed value. This seriously restricted the marketability of the asset as a prospective tenant would be limited in the amount of tenant improvements that could be done to the building. Thank you for your consideration and we look forward to hearing from you. Please let me know if you have any additional questions. Sincerely, James Rooney Columbia Trust Company 253-305-1577 Attachment C • City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director REQUEST FOR ADDITIONAL INFORMATION August 16, 2018 Ben Firman Columbia Trust company 1301 A Street, Suite 800 Tacoma, WA 98402 RE: L 18-0019-Barnaby's .Buffer Restoration Dear Mr. Firman: Thank you for the July 25, 2018 resubmittal by Liz Stultz for the permit to extend the noncomforming period for the use and structure on the Barnaby's site. The revised application now requests an extension of 1 year rather than the original 6 months. Please have Earth Corps make the following corrections/additions to their plan: • Maintenance and monitoring will be required for five years. Applicant will need to submit annual monitoring reports to the City by November 30th of each applicable year. Monitoring reports shall contain data showing plant survival, growth (percent cover), invasive species cover, and photos. Photos shall be taken, from set photo points to ensure consistency and make growth analysis more robust. • Pre -notification of herbicide application will be required per TMC 18.44.D.3. • Performance standards to include survival rate (Year 1), and percent cover (Year 2-5), diversity, and invasive cover shall be incorporated into mitigation plan. Contingency measures, if necessary, should also be referenced within the mitigation plan. • It is anticipated (per application materials) that work (weed control/removal) will start in late fall 2018, with planting completion in late fall 2020. Year 1 of monitoring will start in 2021 to continue through 2025. If this timeline is not met, additional monitoring/maintenance will be required. • A bond of 150% of total cost of installation, maintenance and monitoring will be required to be submitted by the applicant prior to permit issue. • A Shoreline Vegetation permit will not be required, however, all standards included in that permit are required for this project. Earth Corps may contact Andrea Cummins with any questions about these requirements. In addition, the prior planner on this project Carol Lumb sent a letter to the prior applicant on April 5, 2018 requesting a response to two criteria that are required to be addressed in the findings: 8/15/2018 12:34 PM Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov • • TMC 18.44.130 E. 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive months, an extension of time beyond the 24 consecutive months. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. Could you please write up a brief response to each of the criteria above so that I. can include that information in the staff report? This information is needed as soon as possible so that the project analysis for the staff report can be finished and the Director can issue a decision. If you have any questions with this matter you may email me at Nora.Gierloff@Tukwilawa.eov. Sincerely, Nora Gierloff Deputy DCD Director CC: Liz Stultz W:\Users\Carol L\L18-0019 Barnaby's NC Shoreline Extension \Correction Letter 8-16-18.docx 8/15/2018 12:34 PM Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director INFORMATION SUBMTTAL EXTENSION June 29, 2018 Ben .Finnan Columbia Trust company 1301 A Street, Suite 800 Tacoma, WA 98402 RE: L18-0019-Barnaby's Buffer Restoration Dear Mr. Firman: I understand that your company is now representing the Desimone Trust and you will become the applicant contact for the permit to extend the noncomforming period for the use and structure on the Barnaby's site. Carol Lumb from the City of Tukwila sent a letter on April 5, 2018 requesting additional information needed to complete the review of this permit as well as the request for a response to the comments and questions from the Muckleshoot Indian Tribe, which were forwarded to the prior applicant on April 4, 2018. This information is needed as soon as possible so that the project analysis for the staff report can be finished and the Director can issue a decision. You have requested an extension of the submittal deadline pursuant to the Permit Application Types and Procedures Section of the Municipal Code. (TMC 18.104.070(E).) due to the change in staff for the Trust. l will grant an extension for submittal of the requested materials until August 2, 2018. Please be aware that the expiration of the land use application will also mean the expiration of the nonconforming status for the structure and the use on the site. Nora Gierloff Deputy DCD Director If you have any questions with this matter you may email me at Nora.Gierloff@Tukwilawa_aov. Sincerely Ai CC: Liz Stultz One Drive: L18-0019:\\Expiration Ur 6/29/2018 3:32 PM Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1300 • Website: TukwilaWA.gov C01 City of Tukwila Department of Community Development - Jack Pace, Director REQUEST FOR ADDITIONAL INFORMATION April 5, 2018 Nicolette Anderson BNY Mellon, Trustee Desimone Trust 1201 Third Avenue, Suite 5010 Seattle, WA 98101 RE: L 18-0019-Bamaby's Buffer Restoration Dear Nikki: Allan Ekberg,.Mayor I am following up my March 19, 2018, email to you regarding additional information needed to complete the review of your request for an extension of the nonconforming use and structure on the Bamaby's site as well as the request for a response to the comments and questions from the Muckleshoot Indian Tribe, which were forwarded to you on April 4, 2018. Copies of these requests are enclosed. This information is needed as soon as possible so that the project analysis for the staff report can be finished and the Director can issue a decision. The land use application will expire if we do not receive the additional information within ninety days of the date of this letter unless an extension is granted pursuant to the Permit Application Types and Procedures Section of the Municipal Code. (TMC 18.104.070(E).) Please be aware that the expiration of the land use application will also mean the expiration of the nonconforming status for the structure and the use on the site. If you have any questions with this matter you may call me at 206-431-3661 or email me at Carol.Lumb(a Tukwilawa.gov. Sincerely, Carol Lumb Senior Planner Enclosres: March 19, 2018 email and April 4, 2018 email One Drive: L18-0019:\\Expiration Ltr 4/5/2018 4:57 PM Tukwila City Hall • 6200.Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilzWA.gov Carol Lumb From: Sent: To: Subject: Hi Nikki, Carol Lumb Monday, March 19, 2018 4:29 PM 'Anderson, Nicolette' Barnaby's Nonconforming Use & Structure Extension I am working on the staff report and realized the file is missing a response to two criteria that are required to be addressed in the findings. These are: TMC 18.44.130 E. 4.a.: 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive months, an extension of time beyond the 24 consecutive months. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made:;that.no reasonable:alt'ernative.�conforming use,,ispractical. (2) For a non -conforming structure, special' 'economic circumstances prevent: the lease or sale of. said structure withih; 24 months. Could you please write up a brief response to each of the yellow highlighted criteria above so that I can include that information in the staff report? Thanks very much — if you have questions, let me know. I am out of the office tomorrow but in Wednesday/Thursday. Carol CarolCumb, .AICP, Senior Planner Department of Community Development City of Tukwila 63Oo Southcenter Blvd., Suite ioo Tukwila, 1N.A. 98188 206-431-3661 Caro CLuinb@ t l awa.gov / Tukwila, the City of opportunity, the comma ,;Dice **My incoming and outgoing email messages are subject tc ;iblic disclosure requirements per RCW 42.56** 1 Carol Lumb From: Sent: To: Subject: Importance: Hi Nikki, Carol Lumb Wednesday, April 4, 2018 9:10 AM 'Anderson, Nicolette' FW: Barnaby's Buffer Restoration Project, PL18-0013, L18-0019, Notice of Application High I am passing along comments we received yesterday from the Muckleshoot Indian Tribe — they received notice of the revegetation project as part of the public notice that was sent out. Please review Karen Walter's questions and then provide a response to each — it would be OK to have Earth Corps assist with responses if you wish. I will give you a call to discuss this and other questions I had that I contacted you about a while back. Thanks very much, Carol From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Tuesday, April 3, 2018 2:04 PM To: Carol Lumb <Carol.Lumb@TukwilaWA.gov> Subject: RE: Barnaby's Buffer Restoration Project, PL18-0013, L18-0019, Notice of Application Carol, Thanks again for sending the NOA for the Barnaby's buffer restoration project referenced above. We have reviewed the available information and have questions: 1. The project proposes to 11,368 square feet of the riparian buffer along 231 lineal feet of the Green River on the Parcel site. This roughly equates to 81 % of the shoreline area that is currently non -conforming per the City's code. Is this correct? How was this number derived? 2. Is there another 19% of non -conforming uses in the shoreline? 3. What is the extent of regulated shoreline buffer in this location should the current use be modified or changed? In other words, does the riparian enhancement meet current shoreline regulations or is additional regulated riparian • area still impacted by the structure/parking areas in the shoreline? 4. What aquatic approved herbicide will be used to remove English Ivy? They are not all equal in their protection of fish life. 5. The native trees should be planted on 9-10 feet centers unless existing trees would preclude this density. More details should be provided about existing vs. new. 6. The site plan figure shows a "Phase II" area. What is this? 7. What happens if the project exceeds the current 6 month timeframe and is still not occupied or used? 8. How does the restoration area stay protected in perpetuity? 1 s' • We appreciate the opportunity to review this proposal and look forward to the City of Tukwila's responses. We may have further comments. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Aubum, WA 98092 253-876-3116 From: Carol Lumb[mailto:Carol.Lumb@TukwilaWA.gov] Sent: Thursday, March 22, 2018 2:43 PM To: Karen Walter Subject: Buffer Restoration Project H i, I'm attaching a notice of application and the application itself for a project that will restore a large portion of the shoreline buffer at 16401 West Valley Highway, at Strander Blvd., the former Barnaby's site. The building and use are nonconforming since they were constructed many years ago under a less stringent shoreline master program. Because the buffer width was smaller (40 feet) the building and restaurant use are located well within the buffer area. The use has gone away, and so in order to continue to be able to use the building, our code requires restoration of a portion of the buffer. Here's the relevant section of code (TMC18.44.130 E. Nonconforming Uses and Structures): 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive months, an extension of time beyond the 24 consecutive months. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable altemative conforming use is practical. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non -conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to berestored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of this program shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. b. Conditions may be attached to the permit that are deemed necessary to assure compliance with the above findings, the requirements of the Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. Hope all is well with you! Carol Carol Cum6, .AIICP, Senior Planner Department of Community Development 2 Carol Lumb From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Tuesday, April 3, 2018 2:04 PM To: Carol Lumb Subject: RE: Barnaby's Buffer Restoration Project, PL18-0013, L18-0019, Notice of Application Carol, Thanks again for sending the NOA for the Barnaby's buffer restoration project referenced above. We have reviewed the available information and have questions: 1. The project proposes to 11,368 square feet of the riparian buffer along 231 lineal feet of the Green River on the Parcel site. This roughly equates to 81 % of the shoreline area that is currently non -conforming per the City's code.' Is this correct? How was this number derived? 2. Is there another 19% of non -conforming uses in the shoreline? 3. What is the extent of regulated shoreline buffer in this location should the current use be modified or changed? In other words, does the riparian enhancement meet current shoreline regulations or is additional regulated riparian area still impacted by the structure/parking areas in the shoreline? 4. What aquatic approved herbicide will be used to remove English Ivy? They are not all equal in their protection of fish life. 5. The native trees should be planted on 9-10 feet centers unless existing trees would preclude this density. More details should be provided about existing vs. new. 6. The site plan figure shows a "Phase II" area. What is this? 7. What happens if the project exceeds the current 6 month timeframe and is still not occupied or used? 8. How does the restoration area stay protected in perpetuity? We appreciate the opportunity to review this proposal and look forward to the City of Tukwila's responses. We may have further comments. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Aubum, WA 98092 253-876-3116 From: Carol Lumb [mailto:Carol.Lumb@TukwilaWA.gov] Sent: Thursday, March 22, 2018 2:43 PM To: Karen Walter Subject: Buffer Restoration Project H i, I'm attaching a notice of application and the application itself for a project that will restore a large portion of the shoreline buffer at 16401 West Valley Highway, at Strander Blvd., the former Barnaby's site. The building and use are 1 • nonconforming since they were constructed many years ago under a less stringen'.shoreline master program. Because the buffer width was smaller (40 feet) the building and restaurant use are located well within the buffer area. The use has gone away, and so in order to continue to be able to use the building, our code requires restoration of a portion of the buffer. Here's the relevant section of code (TMC18.44.130 E. Nonconforming Uses and Structures): 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive months, an extension of time beyond the 24 consecutive months. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable altemative conforming use is practical. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non -conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of this program shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. b. Conditions may be attached to the permit that are deemed necessary to assure compliance with the above findings, the requirements of the Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. Hope all is well with you! Carol Carollum6, .21.ICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite ioo Tukwila, "14791 98188 206-431-36613 Caro Cfumb@7iuk-wl awa.govHi 2 Carol Lumb From: Carol Lumb Sent: Thursday, March 22, 2018 2:43 PM To: 'Karen Walter' Subject: Buffer Restoration Project Attachments: L18-0019 Barnaby's NOA.pdf; L18-0019 Application.pdf H i, I'm attaching a notice of application and the application itself for a project that will restore a large portion of the shoreline buffer at 16401 West Valley Highway, at Strander Blvd., the former Barnaby's site. The building and use are nonconforming since they were constructed many years ago under a less stringent shoreline master program. Because the buffer width was smaller (40 feet) the building and restaurant use are located well within the buffer area. The use has gone away, and so in order to continue to be able to use the building, our code requires restoration of a portion of the buffer. Here's the relevant section of code (TMC18.44.130 E. Nonconforming Uses and Structures): 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive months, an extension of time beyond the 24 consecutive months. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable altemative conforming use is practical. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non -conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of this program shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. b. Conditions may be attached to the permit that are deemed necessary to assure compliance with the above findings, the requirements of the Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. Hope all is well with you! Carol Carofiumb, . 4fCP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite ioo Tukwila, 147.A. 98188 206-431-3661 Caro numb@7-uk-w iCaw ci.govH i i Carol Lumb From: Carol Lumb Sent: Friday, March 16, 2018 11:08 AM To: 'Anderson, Nicolette' Subject: Barnaby's Attachments: L18-0019-Complete.pdf Hi Nikki, I'm attaching the notice we send out to applicant's when we have completed our initial review and determined we can move forward with a full review of a land use application. There is public notice, to agencies with jurisdiction, that will go out Tuesday. I will start working on the staff report so that when the public comment period closes, we will be ready to issue the decision on the application. Let me know if you have any questions, Carol Carollumb, ATCP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite ioo Tukwila, 1N.A 98188 206-431-366i CaroCCumb@Titkivilawa.gov Tukwila, 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 Qllan�Ekbe,rg;,'Nlayor e partmen;t-ofCom_munioDvel opmen Jack Pace; irector Affidavit of Distribution Project Name: BARNABY'S Project Number: PL18-0013 Associated File Number(s): L18-0019 Date Mailed: 3/21/18 Mailing requested by: CAROL LUMB Mailer's signature: ❑ Board of Adjustment Agenda Packet D Notice of Application for O Board of Appeals Agenda Packet Shoreline Mgmt Permit ❑ Determination of Non -Significance ❑ Notice of Decision ❑ Determination of Significance & Scoping Notice ❑ Mitigated Determination of Non - Significance O Notice of Action ® Notice of Application Parties of Record: APPLICANT— NICOLLETE ANDERSON DAVID PATER — DOE NW KAREN WALTER — MUCKLESHOOT TRIBE ❑ Notice of Public Hearing ❑ Notice of Public Meeting ❑ Official Notice ❑ Other: ❑ Shoreline Mgmt Permit ❑ Short Subdivision Agenda AGENCY LABELS • L, 1$ - OO lel ❑ jC/erk Office - Ana Le PUBLIC HEARINGS/MEETINGS need, to go to Ana: to include in, Digital Records Center, ❑ US Corps of Engineers ❑ Federal HWY Admin ❑ Federal Transit Admin, Region 10 ❑ Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ❑ US Environmental Protection Agency (E.P.A.) ❑ US Dept of HUD ❑ National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ❑ Office of Archaeology 0 Dept of Social & Health Services ❑ Transportation Department (WSDOT NW) gDept of Ecology NW Regional Office, Shoreland Div. ❑ Dept of Natural Resources SHORELINE NOD REQUIRES RETURN RECEIPT ❑ Office of the Governor 0 Dept of Ecology, SEPA **Send Electronically ❑ WA State Department of Commerce (formerly Community Dev) 0 Office of Attorney General r-1- ❑ WA Fisheries & Wildlife, MillCreek Office 0 Office of Hearing Examiner I4-1 14D (0 " S r ❑ WA Fisheries & Wildlife, Larry Fisher, b cum ? a( -A/ 3„ o ttA btg WA 1775 12th Ave NW Ste 201, Issaquah WA 98027 w0l- , II, L-6,n ,,,z ❑ KC Boundary Review Board ❑ Fire District # 11 ❑ Fire District # 2 ❑ KC Wastewater Treatment Div ❑ KC Dept of Parks & Recreation ❑ KC Assessor's Office ❑ KC Watershed Coordination WRIA 9 Section 3 KING COUNTY AGENCIES ❑ Health Department ❑ Port of Seattle ❑ KC Dev & Environmental Services-SEPA Info Center ❑ KC Metro Transit Div-SEPA Official, Environmental Planning ❑ KC Dept of Natural Resources ❑ KC Dept of Natural Resources, Andy Levesque ❑ KC Public Library System ❑ Foster Library ❑ Renton Library ❑ Kent Library ❑ Seattle Library Section 4 SCHOOLS/LIBRARIES 0 Westfield Mall Library ❑ Tukwila School District ❑ Highline School District ❑ Seattle School District ❑ Renton School District ❑ Century Link ❑ Seattle City Light ❑ Puget Sound Energy ❑ Highline Water District ❑ Seattle Planning &Dev/Water Dept ❑ Comcast Section 5 UTILITIES ❑ BP Olympic Pipeline ❑ Val-Vue Sewer District ❑ Water District # 20 ❑ Water District # 125 ❑ City of Renton Public Works ❑ Bryn Mawr-Lakeridge Sewer/Water Dist ❑ Seattle Public Utilities ❑ Waste Management ❑ Cascade Water Alliance ❑ Tukwila City Departments ❑ Public Works ❑ Police ❑ Planning ❑ Parks & Rec ❑ City Clerk (PUBLIC HEARINGS/MEETINGS) O Fire ❑ Finance ❑ Building ❑ Mayor Section 6 CITY AGENCIES ❑ Kent Planning Dept DRenton Planning Dept ❑ City of SeaTac ❑ City of Burien ❑ City of Seattle ❑ Strategic Planning *Notice of all Seattle Related Projects Section 7 OTHER LOCAL AGENCIES * send notice of all applications on Green/Duwamish River ❑ Puget Sound Clean Air Agency ❑ Duwamish River Clean Up Coalition * - ElSound Transit/SEPA Muckleshoot Indian Tribe * — NL-{ vitf.`e' -F, - S ❑ Puget Sound Regional Council Cultural Resources ❑ Fisheries Program ❑ Wildlife Program ❑ Duwamish Indian Tribe * ❑ People for Puget Sound * PP5>'3a4(l) 0 Washington Environmental Council ❑ Futurewise ❑ Puget SoundKeeper ❑ SW KC Chamber of Commerce ❑ Tukwila Historical Society** ** send notices for all Tukwila projects which require public notice — via email to: tukwilahistsociety@tukwilahistorv.orq and rcwieser@comcast.net ❑ Seattle Times ❑ Highline Times Section 8 MEDIA ❑ South County Journal ❑ City of Tukwila Website W:\\Planning\Development Review Manual\LU Application Review Process\Public Notice Procedures\Mailing\Agency Checklist • Public Notice Mailings For Permits • SEPA MAILINGS (Comment period starts on date of mailing) Notice of Application mailed to: Department of Ecology (send checklist with Notice of Application), applicant, other agencies as necessary including Tribes — For any NOA on the Green/Duwamish River, send the checklist and a full set of plans with the Notice of Application property owners and tenants within 500 feet. It is also posted on site. KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand. SEPA Determination mailed to: Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE at the time of SEPA determination: SEPA Determination Staff report SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to: applicant, property owners and residents within 500 feet of subject property, and agencies with jurisdiction. Comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for a Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Notice of Decision must be mailed within 8 days of decision to: Department of Ecology Shorelands Section, NW Regional Office Notice to DOE must be by return receipt requested State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the notice of decision and staff report, site plan and the SEPA Determination 21-day appeal period begins date of filing with DOE Include these Documents to DOE and Attorney General: One complete packet should also be sent to Muckleshoot Indian Tribe if they commented on the project during comment period. Permit Data Sheet Shoreline Substantial Development Decision (Signed by Director) Findings (staff report or memo) 1 A-p Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements � GD � e d1n6.evsov-. — Cross -sections of site with structures & shoreline — Grading Plan 3 r.i Ntr, io - Vicinity map SEPA determination (Signed by Director) 1 L0 i c /d -C Stki(%, SOl C7 Findings (staff report or memo) SEPA Checklist (filled out by applicant) rQ c *()-)t A'S i 0 ( Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) W:\\Planning\Development Review Manual\LU Application Review Process\Public Notice Procedures\Mailing\Agency Checklist City of Tukwila Notice Of Application Barnaby's Buffer Restoration Project # PL 18-0013 Barnaby's Buffer Restoration Project Planner: Carol Lumb, 206.431-3661, Carol.Lumb@TukwilaWa.gov File# L18-0019, 16401 West Valley Highway, parcel #252304- 9007 Project Description: The applicant is requesting the extension of the nonconforming use and structure on the site, which fall within the shoreline buffer of the Green River. To mitigate for the continuation of the nonconforming use and structure, the applicant will restore approximately 81% of the shoreline buff- er, as required by TMC 18.44.130 E. TMC 18.44.130 E re- quires 15% of the shoreline buffer to be restored for each 6 month extension of the nonconforming structure; for noncon- forming uses, the amount of restoration area is based on the percentage of the existing building located in the buffer. Your written comments on the project are requested and can be delivered to DCD, 6300 Southcenter Blvd, Ste 100, Tukwila WA 98188. Comments must be received by 5:00p.m. on April 3, 2018. You may request a copy of any decision, comment on the project, and learn your appeal rights by calling the project planner listed above, or by visiting our offices Monday through Friday, 8:00am to 5:00 pm at DCD 6300 Southcenter Blvd, Ste 100. • • City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF COMPLETE APPLICATION March 16, 201 Nicolette Anderson BNY Mellon Co -Trustee, Desimone Trust 1201 Third Avenue, Suite 5010 Seattle, WA 98101 RE: Barnaby's Shoreline Buffer Restoration/Nonconforming Status Extension Dear Nikki, Your applications to restore a portion of the shoreline buffer at 16401 West Valley Highway in order to continue the nonconforming use and structure located within the shoreline buffer was determined to be complete on March 12, 2018 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permit identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Notice of the application will go out next week and I will be working on the staff report for the project during the 14-day public comment period. Please feel free to contact me with any questions at 206-431- 3661 or Carol.Lumb@Tukwilawa.gov. Sincerely, (a.Aa-L_ Carol Lumb Senior Planner Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila,. WA 98188 • 206-433-1800 • Website: TukwilaWA.gov August 21, 2018 Nora Gierloff City of Tukwila 6200 Southcenter BLVD Tukwila, WA 98188 Ms. Gierloff: This letter is in response to an August 16, 2018 letter regarding L18-0019-Barnaby's Buffer Restoration. Please accept this letter as a formal response to your request for more clarity concerning the Non- conforming Uses and Structures section. (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical. For months the Trust worked with the City to change the use so that Mary's Place could occupy. This use was denied by the City. The current structure is limited to the existing use. Access to the river for a dock would be challenging due to the bank grade. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. The restrictions on the SMP limited the improvement costs on the property to 50% of the improvement assessed value. This seriously restricted the marketability of the asset as a prospective tenant would be limited in the amount of tenant improvements that could be done to the building. Thank you for your consideration and we look forward to hearing from you. Please let me know if you have any additional questions. Sincerely, James Rooney Columbia Trust Company 253-305-1577 Nora Gierloff From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Friday, August 17, 2018 5:05 PM To: Nora Gierloff Subject: RE: Barnaby's Buffer Restoration Project L18-0019 Hi Nora, Thank you for getting back to us. We will review this updated information and let the City know if we have further questions or comments. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Nora Gierloff [mailto:Nora.Gierloff@TukwilaWA.gov] Sent: Wednesday, August 15, 2018 11:40 AM To: Karen Walter Subject: Barnaby's Buffer Restoration Project L18-0019 Hi Karen, I have taken over this project from Carol Lumb and wanted to pass on the applicant's response to your earlier questions. Given the time lapse they have changed their request to a 1 year rather than 6 month extension of the non -conforming use rights in exchange for restoring a greater portion of the buffer. Please let me know if you have further questions. NordGLerloff Deputy DCD Director City of Tukwila CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. 1 City Olt Tukwila \4J, \? Department of Community Development PLANNING DIVISION 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 •EVISION SUBMITTAL Revision submittals must be submitted in person at the Permit Center, ACCOMPANIED BY RESPONSE DOCUMENTS AND THIS COMPLETED FORM. Revisions will not be accepted through the mail, email, fax, etc. Date: July 24, 2018 Permit Number: L18-0019 Project Name: BARNABY'S BUFFER RESTORATION Project Address: 16401 WEST VALLEY HWY, TUKWILA, WA Project Contact: JAMES ROONEY, COLUMBIA TRUST CO Contact Phone number:253-305-1577 City Planner: PLEASE ATTACH A COPY OF ANY LETTER REQUESTING CORRECTIONS / ADDITIONAL INFORMATION ❑ Response to Preliminary Approval • Response to letter requesting additional information (Please attach a copy of the letter) ❑ Final Short Plat Submittal Summary of revision/response submittal: Please see attached document titled " Desimnne Tnist Property Habitat Restoration Plan -REVISED" 7/17/1 R by EarthCorp. The revised plan includes responses to questions dated April 3,2018 from Karen Walters of the Muckleshoot Indian Tribe. Questions that were submitted and not answered within the plan, no longer apply based on the plans revisions. Questions related to project timeframes or restoration protection into perpetuity are answered within the current language of the Shoreline Management Plan. Please see TMC 18.44.080 C 2 b. and TMC 18 44 060 R 1 for the sections relative to non -conforming use rights and disturbance of restored areas Received at the City of Tukwila Permit Center by: ❑ Entered in TRAKiT on W:\@SHAREPOINT FOLDER RESTRUCTURE \Reference\APPLICATIONS - Land Use Apps & Handouts \Revision Submittal Form.doc Revised: March 2014 • City of Tukwila • Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director INFORMATION SUBMTTAL EXTENSION June 29, 2018 • Ben. Finnan Columbia Trust company 1301 A Street, Suite 800 Tacoma, WA 98402 RE: L18-0019-Barnaby's :Buffer Restoration Dear Mr. Finnan: I understand that your company is now representing the Desimone Trust and you will become the applicant contact for the permit to extend the nonconforming period for the use and structure on the Bamaby's site. Carol Lumb from the City of Tukwila sent a letter on April 5, 2018 requesting additional information needed to complete the review of this permit as well as the request for a response to the comments and questions from the Muckleshoot Indian Tribe, which were forwarded to the prior applicant on April 4, 2018. This information is needed as soon as possible so that the project analysis for the staff report can be finished and the Director can issue a decision. You have requested an extension of the submittal deadline pursuant to the Permit Application Types and Procedures Section of the Municipal Code. (TMC 18.104.070(E).) due to the change in staff for the Trust.l will grant an extension for submittal of the requested materials until August 2, 2018. Please be aware that the expiration of the land use application will also mean the expiration of the nonconforming status for the structure and the use on the site. If you have any questions with this matter you may email me at Nora.Gierloff@Tukwilawa.eov. Nora Gierloff Deputy DCD Director CC: Liz Stultz One Drive: L18-0019:\\Expiration Ltr 6/29/2018 3:32 PM Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov • • Desimone Trust Property Habitat Restoration Plan- REVISED Prepared for: Jamie Rooney Columbia Trust Company 1301 A Street, Suite 800 Tacoma, WA 98401 Tel: 253-305-1577 July 17, 2018 6310 NE 74th St, Suite 201E Seattle, WA 98115 www.earthcorps.org EarthCorps © 2018 All rights reserved. • • Scope of Work: Desimone Trust Property Habitat Restoration Project- REVISED / page 2 NARRATIVE This Plan is a provided as a supplement to the February 9, 2018 report written by EarthCorps for the same property. Desimone Trust is now interested in increasing the restoration site from 81% to 96% in order to apply for a permit with the City of Tukwila to extend a deadline for a non -conforming use and structure at 16401 West Valley Highway, Tukwila WA 98168 (parcel #252304-9007). To obtain the stated permit, 96% of the shoreline (Attachment A) will need to be restored/enhanced. The total length of the shoreline on the property is approximately 286 linear feet, with 96% representing 275 linear feet or approximately 14,399 square feet. EarthCorps' recommendation is to start the project at the SE property line and travel 275 linear feet downstream. In addition, a budget for the implementation of the plan by EarthCorps is provided in Attachment B. Project Highlights: • 14,399 square feet with 275 linear feet of habitat restoration • 100 native trees and 3500 shrubs installed, in addition to 600 live -stakes along the immediate shoreline • 3 years of vegetation maintenance (2020-22) • 3 years of watering (2020-22) Project Details: Task 1- English ivy control: Initial English ivy control will be conducted manually in late Fall 2018 on the upland/ flatter sections of the site (MU# 1- approximately 6,625 square feet) and include survival rings on existing trees. Note that the English ivy on the steeper slopes (MU# 3) will remain and be controlled with herbicide in task 3 in order to maintain the integrity of the slope and minimize erosion. All initial removal of plant material will be hauled off site via a dumpster to a composting facility. Bare ground will be covered with wood straw (http://www.woodstraw.com) at 50% coverage. Task 2- Himalayan blackberry control and erosion control: Himalayan blackberry will be brush cut and cut to less than 2-foot-long sections and left onsite to minimize erosion in MU# 2 and parts of MU# 3. In addition, straw wattles will be installed along the river and at intervals throughout the site based on the steepness of the slope. Task 3- Himalayan blackberry and English ivy control: Aquatic approved herbicide will be used on Himalayan blackberry) and English ivy2 re -growth. English ivy remaining on the steep slopes 1 Aquatic approved glyphosate 5%, surfactant 1% 2 Aquatic formulation of triclopyr 2%, glyphosate 4%, surfactant 1% • • Scope of Work: Desimone Trust Property Habitat Restoration Project- REVISED / page 3 will also be controlled with herbicide (MU#'s 1, 2, and 3). This task is recommended at two intervals in spring and late summer 2019. Task 4- Native tree and live stake installation: Native trees at 9-10 feet on -center will be planted throughout the site along with mulch rings to retain moisture. Live stakes will be installed along the bank at 1.5 feet on center (Nov -Dec 2019). Planting trees first and then shrubs a year later allows for greater access for scheduled weeding of the site and minimizes any potential impact on shrubs due to herbicide drift. Task 5- Native shrub installation: Native shrubs at 5 feet on -center will be planted throughout the site along with mulch rings to retain moisture (Nov -Dec 2020). Task 6- Site maintenance - watering: This task includes watering of the installed native plants every two weeks from mid -June to early September for three years (2020-22). Task 7- Site maintenance — weed maintenance: This task includes vegetation maintenance of the site two times per year (spring and late summer) for three years (2020-22). Planting notes: All tree and shrub species (both potted and live stakes) will be native to the Pacific Northwest and demonstrated to provide erosion control and slope stabilization such as those found in Table 3 of the WA DOE Plant Selection Guide (https://fortress.wa.gov/ecy/publications/documents/9330.pdf). Installed potted plants will be monitored and replaced as necessary to maintain a greater than 80% survival rate. SCHEDULE # Task Timeline 1 English ivy control Late fall 2018/ winter 2018-19 2 Himalayan blackberry brush cutting and erosion control installation Late fall 2018/ winter 2018-19 3 Himalayan blackberry and English ivy control Spring and late summer 2019 4 Native tree and live stake installation Late fall 2019 5 Native'shrub installation Late fall 2020 6-7 Site maintenance- maintenance & watering Spring and summer 2020-22 • • Scope of Work: Desimone Trust Property Habitat Restoration Project- REVISED / page 4 EARTHCORPS BACKGROUND EarthCorps is a non-profit organization founded in 1993 with a mission to build a global community of leaders through local environmental service. EarthCorps provides a year- long intensive program for young adults from the US and 80 other countries to learn best practices in community -based environmental restoration and develop their leadership skills as they supervise more than 10,000 volunteers each year. Location Restoration EarthCorps' core expertise is community -based environmental restoration. We regard restoration as a process of reestablishing healthy habitat: returning a polluted or degraded environment as closely as possible to a thriving, self-sustaining ecosystem. As restoration practitioners, our goal is to expedite natural processes in rebuilding a functioning natural ecosystem. Environmental service is a uniquely effective way to build community. When people put their hands into the dirt together and see their efforts transform a threatened area into a more vibrant landscape, they forge a special bond, empowering themselves and their community. Global Leadership Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn multiple restoration techniques, try out project design and management, develop leadership and team -building skills, and help manage thousands of local volunteers on projects. • EARTHCORPS PROJECT LEAD: Bill Brosseau, Operations Director Tel: (206) 322-9296 ext. 207 Cell: (206) 255-4158 Email: bill@earthcorps.org Nelson Salisbury, Senior Ecologist & GIS Specialist Tel: (206) 322-9296 ext. 214 Email: nelson@earthcorps.org Desimone Trust - Tukwila, WA Shoreline Habitat Improvement Plan Attachment A MU 1 Hand Pull 6,625 Sq Ft st outnccsnlor MU 3 Spray 4,214 Sq Ft MU 2 Brush/Spray 3.560 Sq Ft PIN: 2523049007 Legend MGMT Units Parcels Contour 5ft Shoreline Restoration Total linear feet of shoreline: 286 ft Riparian Enhancement (96%): 275 ft Feet mw 0 15 30 60 1:516 EarthCorps © 2018 Attachment B Budget The following budget is for the implementation of the Desimone Trust Habitat Restoration Plan. Crew Labor $ 40,500.00 Project Management $ 8,550.00 Materials* $ 9,250.75 Subtotal $ 58,300.75 Materials & Handling Fee (10% of Total Materials) $ 925.08 TOTAL FEE i $ 59,225.83 SalesTax: 10% $ 5,922.58 TOTAL PAYABLE $ 65,148.41 * Dumpster fee is based on 20 cubic yards of plant material. Any additional plant material will be billed separately. EarthCorps will provide the following: • An assigned project manager to coordinate with the landowner to schedule stated tasks, purchase materials and maintain communication throughout the project. • A 20 cubic yard dumpster for initial invasive plant control • A porta toilet during multiday tasks • All materials • Basic hand tools along with access to power tools (brush cutter and chainsaws) and specialized equipment including herbicide application equipment. • Training and education in ecological restoration best management practices, ecology, leadership and community outreach. • Washington State Licensed Herbicide Applicator onsite as needed. • Workers' compensation, health insurance, and related taxes. • Washington Labor & Industries documentation • Administrative/ payroll and human resource services. Landowner will provide the following: • Access to the site including ability to stage a dumpster, port -a -toilet and materials • City of Tukwila permits related to the project • • Questions submitted by the Muckleshoot Tribe and Applicant Responses Questions submitted to the City of Tukwila via email on April 3, 2018 by: Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Auburn, WA 98092 Applicant responses in bold italics: 1. The project proposes to 11,368 square feet of the riparian buffer along 231 lineal feet of the Green River on the Parcel site. This roughly equates to 81% of the shoreline area that is currently non -conforming per the City's code. Is this correct? How was this number derived? The amended plan now covers 96% of the shoreline. 2. Is there another 19% of non -conforming uses in the shoreline? This question no longer applies due to the amended plan shoreline restoration coverage of 96%. 3. What is the extent of regulated shoreline buffer in this location should the current use be modified or changed? In other words, does the riparian enhancement meet current shoreline regulations or is additional regulated riparian area still impacted by the structure/parking areas in the shoreline? TMC 18.44.080 C 2b, covers non -conforming use rights and would apply to changes in use. 4. What aquatic approved herbicide will be used to remove English Ivy? They are not all equal in their protection of fish life. The herbicide content is noted in the amended plan on page 2. 5. The native trees should be planted on 9-10 feet centers unless existing trees would preclude this density. More details should be provided about existing vs. new. The tree and shrub installation methods are noted in the amended plan on page 3. 6. The site plan figure shows a "Phase II" area. What is this? Phase 11 is not in the amended plan due to the expanded restoration area. 7. What happens if the project exceeds the current 6 month timeframe and is still not occupied or used? The amended plan and expanded restoration area allow for a one-year extension. 8. How does the restoration area stay protected in perpetuity? TMC 18.44.060 81, covers the disturbance of the shoreline by any use other than a permitted use and would apply to this question. • • Anderson, Nicolette From: Carol Lumb <Carol.Lumb@TukwilaWA.gov> Sent: Wednesday, April 4, 2018 9:10 AM To: Anderson, Nicolette Subject: FW: Barnaby's Buffer Restoration Project, PL18-0013, L18-0019, Notice of Application Importance: High Follow Up Flag: Follow up Flag Status: Flagged Hi Nikki, I am passing along comments we received yesterday from the Muckleshoot Indian Tribe —they received notice of the revegetation project as part of the public notice that was sent out. Please review Karen Walter's questions and then provide a response to each — it would be OK to have Earth Corps assist with responses if you wish. I will give you a call to discuss this and other questions I had that I contacted you about a while back. Thanks very much, Carol From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Tuesday, April 3, 2018 2:04 PM To: Carol Lumb <Carol.Lumb@TukwilaWA.gov> Subject: RE: Barnaby's Buffer Restoration Project, PL18-0013, L18-0019, Notice of Application Carol, Thanks again for sending the NOA for the Barnaby's buffer restoration project referenced above. We have reviewed the available information and have questions: 1. The project proposes to 11,368 square feet of the riparian buffer along 231 lineal feet of the Green River on the Parcel site. This roughly equates to 81% of the shoreline area that is currently non -conforming per the City's code. Is this correct? How was this number derived? 2. Is there another 19% of non -conforming uses in the shoreline? 3. What is the extent of regulated shoreline buffer in this location should the current use be modified or changed? In other words, does the riparian enhancement meet current shoreline regulations or is additional regulated riparian area still impacted by the structure/parking areas in the shoreline? 4. What aquatic approved herbicide will be used to remove English Ivy? They are not all equal in their protection of fish life. 5. The native trees should be planted on 9-10 feet centers unless existing trees would preclude this density. More details should be provided about existing vs. new. 6. The site plan figure shows a "Phase II" area. What is this? 1 • • 7. What happens if the project exceeds the current 6 month timeframe and is still not occupied or used? 8. How does the restoration area stay protected in perpetuity? We appreciate the opportunity to review this proposal and look forward to the City of Tukwila's responses. We may have further comments. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Carol Lumb[mailto:Carol.Lumb@TukwilaWA.gov] Sent: Thursday, March 22, 2018 2:43 PM To: Karen Walter Subject: Buffer Restoration Project H i, I'm attaching a notice of application and the application itself for a project that will restore a large portion of the shoreline buffer at 16401 West Valley Highway, at Strander Blvd., the former Barnaby's site. The building and use are nonconforming since they were constructed many years ago under a less stringent shoreline master program. Because the buffer width was smaller (40 feet) the building and restaurant use are located well within the buffer area. The use has gone away, and so in order to continue to be able to use the building, our code requires restoration of a portion of the buffer. Here's the relevant section of code (TMC18.44.130 E. Nonconforming Uses and Structures): 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive months, an extension of time beyond the 24 consecutive months. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non -conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of this program shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. b. Conditions may be attached to the permit that are deemed necessary to assure compliance with the above findings, the requirements of the Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. Hope all is well with you! Carol 2 • . City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF COMPLETE APPLICATION March 16, 201 Nicolette Anderson BNY Mellon Co -Trustee, Desimone Trust 1201 Third Avenue, Suite 5010 Seattle, WA 98101 RE: Barnaby's Shoreline Buffer Restoration/Nonconforming Status Extension Dear Nikki, Your applications to restore a portion of the shoreline buffer at 16401 West Valley Highway in order to continue the nonconforming use and structure located within the shoreline buffer was determined to be complete on March 12, 2018 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permit identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Notice of the application will go out next week and I will be working on the staff report for the project during the 14-day public comment period. Please feel free to contact me with any questions at 206-431- 3661 or Carol.LumbPTukwilawa.gov. Sincerely, Carol Lumb Senior Planner Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 SPECIAL PERMISSION - DIRECTOR APPLICATION FOR STAFF USE ONLY Permits Plus'Type: P SP Planner: File Number: Application Complete Date: Project File Number: RAY_ )0 \,, Application Incomplete Date: Other File Numbers: LLA _ O to NAME OF PROJECT/DEVELOPMENT: Y is too - fk3r -K teesdocav4'l BRIEF DESCRIPTION OF PROJECT: 9 Kelm-( e451174Atton.n lob todgy{' LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. I lo4 G l W esf \I all-e`f 14w 9 11)1 - \ q , voA q g lBli LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 25230,49001- —oL} 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: fVkLeta( ) Ji, P-;1•1N Ka -LW), -i4a4c L S\fl Q1Sk- Address: k 2 O I 1S I C Phone: 2-av '(L (v t'( - S7 83 -4- FAX: 20(n Cr % H - 0 p y y E-mail: ri I C Ole tit.. a v1 Aka can C ‘0.A4 Yv..x.i.1.0n .Inv\ Signature: ` r eQ.I•f-L Date: c �tapt,,,.. . r. \\dcptstore\City Common\Teri\Revisions In Progress\Special Permission Director -March 2011.docx RECEIVED FEB 2 3 2018 Community Development • 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 ss 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 I(pt-fD ( w.Abe5"1-Va ��N H T� Act Lj A for the purpose of application review,. for the limited time necessary to complete that purpphse. 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), `/l/ A (state), on NI (oleo An (Print Name) JOl 1rvt (Address) / - T 173-3 (Phone Number) (Signature) ,20 21/ )PBN4.ti CdYuae e. -ivr 8 m On this day personally appeared before me ,•cG i e Ap>� 2�� z to me known to be the individual who executed the foregoing instrument and acknowledged that a/she signed the same ashis✓her voluntary act and deed for the uses and purposes mentioned therein. TO BE RE ME ON THIS Z 2. DAY OF %, %,' t,ct rr t-% , 20 / e State of WasIdis ;on S, -�y i LAUR1E SOLOWAY c,�c P , ' Q•-�a uJli %�% MY COMMISSION EMPIRES NOTARY PUBLIC in and for the State oVWashington ' residing at f5 / vt� Ce), u ,4 ill My Commission expires on `5/ Z( �Z \\deptstore\City Common \ Teri \Revisions In Progress\Special Permission Director -March 2011.docx COMP.LIETE .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 i aived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS:. 1. Application Checklist one (1) copy, indicating items submitted with application. 7 2. Application Fee: See Land Use Fee Schedule. -..._ . - 3. Written description of the project, the deviation or approval being requested and response to the applicable decision criteria. - __ _ .. ..._ _ ZONING CODE PARKING DEVIATION 4. A complete description of the proposed construction relative to parking areas, and all supporting agreements. 5. Dimensional site plan(s) to demonstrate parking area consistent with Zoning Code requirements. 6. Parking studies as needed to demonstrate adequate parking is provided. LANDSCAPE DEVIATION 7. Landscape plan — two (2) copies showing size and species of existing and proposed plant materials, required perimeter landscape types, parking areas, buildings, walkways, transit facilities, property lines, dimensions and area of planting beds and any calculations necessary to demonstrate compliance with review criteria. SENSITIVE AREA ORDINANCE - Deviations, Alterations or Uses Requiring Administrative Review and Approval 8. Site Plan — two (2) copies showing all buildings, parking areas, walkways, property lines, planting areas, sensitive areas, their buffers and setbacks. 9. Sensitive area studies, mitigation and enhancement plans to justify a requested use, deviation, alteration or buffer or setback reduction and demonstrate that the reduction will not result in a direct or indirect short- term or long-term adverse impact to the sensitive area per TMC 18.45.090(D) or 18.45.110(C). See TMC 18.45.040(B) for required element s of wetland and/or watercourse sensitive area studies and TMC 18.45.040(C) for the required elements of a geotechnical report. 113 —2_61 � 4,i/ fia.+t �I /al 13 l�1'dlnaA�i '1' t ,(15— low+-034._ 0- 12 (11 16, \\deptstore\City Common\Teri\Revisions In Progress\Special Permission Director -March 201 I.docx elv\ RL:CEIVED 1 FEB 23 2018 Community Development tt'p" U) Check items submitted with application 'Information Required. May be waived in unusual cases, upon approval of both Public. Works and Planning CARGO CONTAINER APPROVAL 10. Site plan showing the location of the container(s) in relationship to parking areas, property lines, 11. Description of the proposed screening. 12. Dimensions of proposed cargo container. SINGLE-FAMILY DESIGN STANDARD EXCEPTIONS 13. Dimensioned and scalable building elevations with keyed colors and materials. 14. The site plan must include a graphic scale, north arrow, proposed house footprint, any existing structures, lot lines, setbacks, adjacent streets, driveways, parking areas, any sensitive areas and any fences, rockeries or retaining walls. \\deptstore\City Common\Teri\Revisions In Progress\Special Permission Director -March 2011.docx Desimone Trust Property Habitat Restoration Plan LOCAL RESTORATION LO COOPS Prepared for: Nicolette Anderson, Trust Real Estate Regional Manager BNY Mellon Wealth Management 1201 Third Avenue Suite 5010 Seattle, WA 98101 Tel: 206-664-8837 Email: nicolette.anderson@bnymellon.com REVISED February 20, 2018 6310 NE 74th St, Suite 201E Seattle, WA 98115 www.earthcorps.org EarthCorps © 2018 All rights reserved. RECEIVED FEB 232018 Community Development . Scope of Work: Desimone Trust Property Habitat Restoration Project / page 2 NARRATIVE The Desimone Trust is interested in applying for a permit with the City of Tukwila to extend a deadline for a non -conforming use and structure at 16401 West Valley Highway, Tukwila WA 98168 (parcel #252304-9007). In order to obtain the stated permit and based on calculations provided by the City of Tukwila, 81% of the shoreline (Attachments A and B) will need to be restored/ enhanced or approximately 11,368 square feet. EarthCorps' recommendation is to start the project at the SE property line and travel 231 linear feet downstream. For the remaining portion of the property where restoration will not occur, we would recommend that at a minimum English ivy be controlled on all existing trees. Control should consist of cutting all vines at breast height and/or injecting with an approved herbicide and grubbing vines to a two - foot radius as feasible. In addition, a budget for the implementation of the plan by EarthCorps is provided in Attachment C. Project Highlights: • 11,368 square feet with 231 linear feet of habitat restoration • 30 native trees and 350 shrubs installed, in addition to 500 live -stakes along the immediate shoreline • 4 years of vegetation maintenance (2019-22) • 3 years of watering (2019-21) Project Details: Task 1- English ivy control: Initial English ivy control will be conducted manually in Spring 2018 on the upland/ flatter sections of the site (MU# 1- approximately 4,782 square feet) and include survival rings on existing trees. Note that the English ivy on the steeper slopes (MU# 3) will remain and be controlled with herbicide in task 3 in order to maintain the integrity of the slope and minimize erosion. All plant material will be hauled off site via a dumpster to a composting facility. Bare ground will be covered with wood straw (http://www.woodstraw.com) at 50% coverage. Task 2- Himalayan blackberry control and erosion control: Himalayan blackberry will be brush cut and cut to less than 2-foot-long sections and left onsite to minimize erosion in MU# 2 and parts of MU# 3. In addition, straw wattles will be installed along the river and at intervals throughout the site based on the steepness of the slope. Task 3- Himalayan blackberry and English ivy control: Aquatic approved herbicide will be used on Himalayan blackberry and English ivy re -growth. English ivy remaining on the steep slopes will also be controlled with herbicide (MU#'s 1, 2, and 3). • 0 Scope of Work: Desimone Trust Property Habitat Restoration Project / page 4 EARTHCORPS BACKGROUND EarthCorps is a non-profit organization founded in 1993 with a mission to build a global community of leaders through local environmental service. EarthCorps provides a year- long intensive program for young adults from the US and 80 other countries to learn best practices in community -based environmental restoration and develop their leadership skills as they supervise more than 10,000 volunteers each year. Location Restoration EarthCorps' core expertise is community -based environmental restoration. We regard restoration as a process of reestablishing healthy habitat: returning a polluted or degraded environment as closely as possible to a thriving, self-sustaining ecosystem. As restoration practitioners, our goal is to expedite natural processes in rebuilding a functioning natural ecosystem. Environmental service is a uniquely effective way to build community. When people put their hands into the dirt together and see their efforts transform a threatened area into a more vibrant landscape, they forge a special bond, empowering themselves and their community. Global Leadership Based in Seattle, Washington, EarthCorps brings together emerging environmental leaders from more than 60 countries to work on projects in the Puget Sound region and Cascade Mountains. As part of EarthCorps' intensive hands-on curriculum, they learn multiple restoration techniques, try out project design and management, develop leadership and team -building skills, and help manage thousands of local volunteers on projects. EARTHCORPS PROJECT LEAD: Bill Brosseau, Operations Director Tel: (206) 322-9296 ext. 207 Cell: (206) 255-4158 • Email: bill@earthcorps.org Nelson Salisbury, Senior Ecologist & GIS Specialist Tel:(206) 322-9296 ext. 214 Email: nelson@earthcorps.org • * • Scope of Work: Desimone Trust Property Habitat Restoration Project / page 3 Task 4- Native tree and live stake installation: Native trees at 15 feet on -center will be planted throughout the site along with mulch rings to retain moisture. Live stakes will be installed along the bank at 1.5 feet on center (Nov -Dec 2018). Planting trees first and then shrubs a year later allows for greater access for scheduled weeding of the site and minimizes any potential impact on shrubs due to herbicide drift. Task 5- Native shrub and live stake installation: Native shrubs at 5 feet on -center will be planted throughout the site along with mulch rings to retain moisture. Live stakes will be installed at 1.5 feet on -center (Nov -Dec 2019). Task 6- Site maintenance - watering: This task includes watering of the installed native plants every two weeks from mid -June to early September for three years (2019-21). Task 7- Site maintenance — weed maintenance: This task includes vegetation maintenance of the site two times per year (spring and late summer) for four years (2019-22). Planting notes: All tree and shrub species (both potted and live stakes) will be native to the Pacific Northwest and demonstrated to provide erosion control and slope stabilization such as. those found in Table 3 of the WA DOE Plant Selection Guide (https://fortress.wa.gov/ecv/publications/documents/9330.pdf). Installed potted plants will be monitored and replaced as necessary to maintain a greater than 80% survival rate. SCHEDULE # Task Timeline 1 English ivy control Spring 2018 2 Himalayan blackberry control and erosion control Late Jul -early Aug 2018 3 Himalayan blackberry and English ivy control September 2018 4 Native tree and live stake installation Nov -Dec 2018 5 Native shrub and live stake installation Nov -Dec 2019 6 Site maintenance- watering 2019-21 7 Site maintenance- weed maintenance 2019-22 Desimone Trust: Barnaby's Property - Tukwila, WA Shoreline Habitat Improvement Plan Attachment A Legend MGMT Units Phase I: 11.368 sf Phase II: 3.854 sf Parcels Contour 5ft Shoreline Restoration 286f1x 0.15 = 43 286ft x 0.66 = 188 Total = 231ft for Phase I or 81% of the shoreline S Feet ME —_1111. 1 ilmmmiimi 15 30 60 1:516 EarthCorps1 2010 _ . Desimone Trust: Barnab ' y s Property -Tukwila, WA Shoreline Habitat Improvement Plan we sib* Id 8oWive* nl.t Attachment B Legend Parcels Buildings Urban Conservancy Shoreline Restoration 286ft x 0.15 = 43 286ft x 0.66 = 188 Total = 231ft or 81 % of the shoreline s Feet 0 15 30 60 1:516 LOC At 116110M4110, EARTH CORPS OL06Al LIAo11116M1u EarthCorps ©2018 Cash Register Receipt City of Tukwila Receipt Number DESCRIPTIONS ProjectTRAK ACCOUNT QUANTITY PAID $657.30 ' L18-0019 Address: 16401 WEST VALLEY HWY Apn: 2523049007 $657.30 SPECIAL PERMISSION $626.00 LANDSCAPING R000.345.810.00.00 0.00 $626.00 TECHNOLOGY FEE $31.30 TECHNOLOGY FEE TOTAL FEES PAID BY RECEIPT: R13859 R000.322.900.04.00 0.00 $31.30 $657.30 Date Paid: Friday, February 23, 2018 Paid By: BNY MELLON Pay Method: CHECK 11920561 Printed: Friday, February 23, 2018 8:57 AM 1 of 1 CSYSTEMS