HomeMy WebLinkAboutPermit PL18-0070 - EKBERG RESIDENCE - TREE PERMIT (VOID)PARENT FILE
PL18-0070
THIS FILE
L18-0082
TREE PERMIT/NON-SHORELINE
TREE REMOVAL
7340600844
PARENT FILE
PL18-0070
THIS FILE
L18-0083
TREE PERMIT/NON-SHORELINE
•
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
September 13, 2018
NOTICE OF DECISION
TO: Allan Ekberg, applicant
This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project
and permit approval.
I. PROJECT INFORMATION
Project File Number: PL18-0070
Applicant: Allan Ekberg
Type of Permit: Tree Permit
Project Description: Request to approve removal and replacement of two multi -stemmed trees along fence
line.
Location: 4123 S 130th St
Associated Files: L18-0083
Comprehensive Plan Low Density Residential
Designation/Zoning
District:
II. DECISION
SEPA Determination: The City SEPA Responsible Official has previously determined that this application
does not require a SEPA threshold determination because it is categorically exempt.
Decision on Substantive Permit: The City Planning Supervisor has determined that the application for a Tree
Permit does comply with applicable City and State Code requirements and has approved the application with
the following conditions:
• One tree with a diameter at breast height (dbh) of 18 inches or greater may be removed in a 36-
month period. Additionally, the second tree that is English Hawthorne may be removed as it is
not regulated by the City's Tree Code. No additional trees are to be removed on the property
until September 13, 2021(36-month period), without obtaining a tree permit and meeting the
adopted replacement standards.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
Page 2 of 3
• •
III. FINDINGS
This tree permit application is a request to remove two (2) multi -stemmed trees along fence, the corner
"tree" with a dbh of 22 inches and the south fence tree with a dbh of 19.1 inches. Based on the photos
provided, the corner "tree" seems to be an English Hawthorne, which is considered a weed and is not
regulated by Tukwila's Tree Code. The south fence tree is regulated by Tukwila's Tree Code.
Tukwila's Tree Regulations (TMC 18.54) regulates the clearing of trees. Removal of one tree with a dbh
of 18 inches or more in a 36-month period does not require replacement. Beyond one tree of this size,
other tree removal is subject to replacement. These regulations do not apply to the English Hawthorne
located in the corner of the fence. Therefore, the trees proposed for removal do not require replacement.
IV. YOUR APPEAL RIGHTS
The Decision on this Permit Application is a Type 1 decision pursuant to Tukwila Municipal Code
§ 18.104.010. Other land use applications related to this project may still be pending.
One administrative appeal to the City Hearing Examiner of the Decision on the Permit itself is permitted.
A party who is not satisfied with the outcome of the Hearing Examiner appeal process may file an appeal in
King County Superior Court from the Hearing Examiner's decision.
V. PROCEDURES AND TIME FOR APPEALING
In order to appeal the Planning Supervisor's decision on the Permit Application, a written notice of
appeal must be filed with the Department of Community Development within 14 days of the issuance of
this Decision.
The requirements for such appeals are set forth in Tukwila Municipal Code Ch. 18.116. All appeal
materials shall be submitted to the Department of Community Development. Appeal materials MUST
include:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing party is a corporation,
association or other group, the address and phone number of a contact person authorized to receive
notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision, including
any specific challenge to an MDNS.
4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in
the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief
sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal.
5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition, all hearing
examiner costs will be passed through to the appellant.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
•Page3of3
• •
VI. APPEAL HEARINGS PROCESS
Any administrative appeal regarding the Permit shall be conducted as a closed record hearing before the
Hearing Examiner based on the information presented to the Planning Supervisor who made the original
decision. No new evidence or testimony will be permitted during the appeal hearing. Parties will be
allowed to present oral argument based on the information presented to the Planning Supervisor before
their decision was issued. The Hearing Examiner's decision on the appeal is the City's final decision.
Any party wishing to challenge the Hearing Examiner's decision on this application must file an appeal
pursuant to the procedures and time limitations set forth in RCW Ch. 36.70C. If no appeal of the
Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on
this permit will be final.
VII. INSPECTION OF INFORMATION ON THE APPLICATION
Project materials including the application, any staff reports, and other studies related to the permits are
available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd.,
Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The
project planner is Meredith Sampson, who may be contacted at 206-431-3661 for further information.
Property owners affected by this decision may request a change in valuation for their property tax purposes.
Contact the King County Assessor's Office for further information regarding property tax valuation changes.
Minnie Dhaliwal
Department of Community Development
City of Tukwila
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
.2•
•
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431-3670
TREE APPLICATION
A.
B.
E.
F.
Tree Removal >8"
Work in Critical Root Zone
Heritage Tree Removal
Emergency Tree Removal/
Utility Work
Sensitive Area Tree Removal
Hi. h/Extreme Risk Tree
APPLICATION
FOR STAFF USE ONLY
Planner:
File Number:
4 a - 0673
Application Complete Date:
Project File Number:
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Application Incomplete Date:
Other File Numbers:
NAME OF PROJECT/DEVELOPMENT: E&r 1(.2 (cue'
TYPE OF TREE PERMIT (CHECK APPROPRIATE BOX):
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A.
Tree Removal for trees larger than 8-inches in diameter and on sites zoned single family and developed
with a single-family dwelling;
B.
Work in the Critical Root Zone;
/':
C.
Heritage Tree Removal or pruning of Heritage Tree over 20% of existing crown
//
D.
mergency Tree Removal/Utility Work
.
Tree Removal in sensitive area outside of the shoreline jurisdiction.
F.
Extreme or high risk tree removal. •
BRIEF DESCRIPTION OF PROJECT: ,C/4-C/,11 7 e2(e r .vEED
LOCATION OF PROJECT/DEVELOPMENT: Give street
subdivision, access street, and nearest intersection.
4/ 2 3 S /30 —7--( f v/`wt L4 7c /
LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement).
?AaLe—(4 73`(.02yy
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. r f,,,;,r,����
011,1‘IkU't'O,
Name: /4/21i
Address: ?9217 S /�(.S 7 ST
Phone: .2-P6. (, 96 e(`(13---
Signature:
dress or, if vacant, indicate lot(s), block and
E-mail: G'c Gte
Date: � (�,;^�S>��
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Page 3 of 7
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431-3670
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHINGTON
COUNTY OF KING
The undersigned being duly sworn and upon oath states as follows:
1. I am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real
property, located at 4 i z3 5 ) 3QTV(s 1vf_iv. (,¢. /114- (Q/it for the purpose of application review,
for the limited time necessary to complete that purpose. - -
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without
refund of fees.
EXECUTED at
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5 - ,20
(Print N e)s
(Address)
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(Phone N ber)
gnature)
On this day personally appeared before me -2)K. to me known to be the individual who
executed the foregoing instrument and acknowledged that &she signed the st as EgYher voluntary act and deed for the uses and
purposes mentioned therein.
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS
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DAY OF
• NOTARY PUBIC in and for the State of Washington
residing at ; C
My Commission expires on I (CI — t
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Page 4 of 7
•
EXCEPTIONS:
Per TMC 18.54.140, exceptions to the requirements of the tree regulations may be granted when undue hardship may be created
by strict compliance with the provisions of TMC 18.54. Please use the Tree Exceptions Permit application to request an
exception to the adopted tree regulations.
COMPLETE APPLICATION CHECKLIST
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.
ADDITIONAL MATERIALS MAY BE REQUIRED.
Department of Community Development (DCD) City Staff are available to answer questions about application. materials at
(206) 431-3670 at the DCD offices at 6300 Southcenter Blvd, Suite 100, Tukwila, WA 98188.
Check items
submitted
with
application
Information Required. May be waived in unusual cases, upon approval of Planning. Please review the
criteria that staff will use to evaluate your request. These are found at the end of this application.
APPLICATION MATERIALS:
1. Application Checklist one (1) copy, indicating items submitted with application.
2. Permit Fee: See Land Use Fee Schedule for standard application fee.
3. Completed Application Form and drawings (2 copies).
4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property
(1 copy attached).
5. An electronic set of all plans in PDF format.
6. Assessment of a Qualified Tree Professional (if applicable), refer to TMC 18.06, Definitions.
7. Proposed time schedule of tree removal, relocation and/or replacement, or limits of construction, as
applicable.
SITE PLAN:
8. (a) The site plan must include the following. Maximum size 24" x 36".
(b) Existing and proposed building footprints and utilities.
(c) Limits of construction.
(d) Parking lots, driveways and fire access lanes.
(e) Fences, rockeries and retaining walls.
(f) Existing and proposed topography at 2-foot contour intervals.
(g) Tree protection methods, if applicable.
(h) Diameter, species name, location and canopy of significant trees to be removed.
(i) Location of all sensitive areas (e.g. streams, wetlands, slopes over 15%, and their buffers and
setbacks).
PROPOSED TREE REPLACEMENT PLAN:
9. (a) For tree removal for utility work and tree removal in a sensitive area or its buffer, a landscape
planting plan by a Washington State Landscape Design Professional, certified arborist, or biologist.
Maximum size 24" x 36". Please check with planning staff to determine which professional is
appropriate for your project.
(b) Diameter, species name, spacing, size and location of replacement trees to be used to replace trees
that are to be removed.
(c) Proposed tree relocation plan (methods, protection of tree during process) — if applicable
(d) Proposed tree maintenance plan (watering, weeding, mulching, etc.)
Page 2 of 7
•
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431-3670
TREE APPLICATION
A. Tree Removal >8"
B. Work in Critical Root Zone
C. Heritage Tree Removal
Emergency Tree Removal/
Utility Work
E. Sensitive Area Tree Removal
F. High/Extreme Risk Tree
INFORMATION
This document applies to the removal of trees larger than 8-inches in diameter from single family zoned property developed
with a single-family home, and for tree removal on any vacant property in the City of Tukwila. The City of Tukwila updated its
tree regulations, TMC 18.54, April 10, 2018. Tree removal on vacant parcels is now prohibited prior to requesting permits for
development of the site, with only a few exceptions.
For removal of trees 6-8-inches in diameter, on single family zoned sites, developed with a single-family dwelling please use
the Tree Inventory Form. For requests to remove trees from existing multi -family, commercial and industrial zoned and
developed sites in other zones, please use the Landscape Modification Permit. Tree removal without a permit is subject to
canopy replacement requirements and penalties of TMC 18.54.080 or TMC 18.52.110, as applicable.
The following activities require a Tree Permit:
A. Removal of trees larger than 8-inches in diameter on sites zoned single-family and developed with a single-family
dwelling or on a vacant lot;
B. Construction that will impact a tree's Critical Root Zone in any zoning district;
C. Heritage Tree removal or pruning over 20% of existing crown;
D. Tree removal for utility work; and
E. Tree removal in sensitive areas outside of the shoreline jurisdiction: wetlands, streams and steep slope areas.
F. Removal of high risk or extreme risk trees. (arborist report required)
The following actions do not require a Tree Permit:
• The removal of trees that are less than 6 inches in Diameter at Breast Height on property zoned Low Density Residential
and improved with a single-family dwelling.
• The removal of Dead Trees outside the shoreline jurisdiction or a sensitive area or its buffer.
• Routine maintenance of trees necessary to maintain the health of cultivated plants or to contain noxious weeds or
invasive species.
• Routine maintenance within the right-of-way related to Interference, Sight Distance, Emergencies or Topping as
codified in TMC 11.20.
• Removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees,
where there is adequate room in the right-of-way.
• Removal of trees as allowed with a Class I -IV forest practices permit issued by the Washington State Department of
Natural Resources. (RCW 76.09)
For tree removal in the Green/Duwamish Shoreline, the Shoreline Tree Removal and Vegetation Clearing Permit is used.
For tree removal in the public Right -of -Way, a permit is required from the Public Works Department.
PROCEDURES: At the time you submit your application you must have all of the items listed on the attached "Complete
Application Checklist." You may request a waiver from items on the checklist that are not applicable to your project. Please
discuss this waiver request with City staff either at a pre -application meeting or at the time of application submittal. Within 28
days of receiving your application, City staff will determine if it is complete based on the attached checklist. If not complete
City staff will contact you and identify what additional information is needed. If you do not submit requested materials within 90
days from the City's request for additional information, the City may cancel your application. Once the application is complete it
will be reviewed and a decision to approve, modify or deny the application will be issued based on the permit evaluation.
Page 1 of 7
Ekberg 4123 S 130th
s 13(0 St
0
a-
d
3
0-
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Location of tree along fence line: •
Map Satellite
ENE
r
I. J
Map data ®2018 Google Turns of Use
The corner "tree" — consist of
three starts with individual trunks.
Left trunk = 24 in circ = 7.64
Center tnk= 24 in circ = 7.64
Right trunk=23 in circ = 7.32
The South Fence "tree" — consist
of three starts with individual
trunks.
Left trunk = 17 in circ = 5.41
Center tnk= 19 in circ = 6.05
Right trunk= 24 in circ = 7.64