14-106377CITY OF
{ . Federal Way
Mr. Ron Sorenson
PepsiCo
33930 9"' Avenue South
Federal Way, WA 98003
Roii.sorensoii@pe,osico.com
Re: File No. 14-106377-00-AD; APPROVAL
Frito Lay Tree Removal; 33930 91h Avenue South, Federal Way
Dear Mr. Sorenson:
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
December 16, 2014
FILE
The Community Development Department has completed review of the request to remove potentially
hazardous trees in the wetland buffer at the Frito Lay site at 33930 9"' Avenue South. In your December
12, 2014, written request, you are proposing to fall eight hazardous cottonwood trees in the wetland
buffer on the subject property. Because the trees are located in an open space greenbelt and critical area
buffer, any modification to them is subject to review by the Federal Way Community Development
Department. The Department has issued Interpretation # 10-01 that provides clarification of the proper
procedure and decision criteria for vegetation removal within identified critical areas.
In addition, you are proposing to remove and replace six existing fir trees in a required perimeter
landscape buffer area along the east property line in a non -wetland and non -wetland buffer area.
DECISION ON FALLING TREES IN WETLAND BUFFER
Mr. Steve Bird, a Certified Arborist, has detennined that in their current condition the trees in question
are hazardous and therefore deemed necessary for removal. Mr. Bird has proposed falling the eight
cottonwood trees with liandlield chainsaws and leaving the downed trees in the wetland buffer. Mr. Bird
provided a December 12, 2014 recommendation, in conjunction with an analysis of Interpretation #10-01.
The city hereby authorizes the falling of the above -mentioned trees as determined by Mr. Bird.
CONDITIONS
The tree roots of the above -mentioned trees are not to be disturbed in the completion of this work.
ANALYSIS OF INTERPRETATION #10-01 CRITERIA
Approval criteria for Interpretation #10-01 are addressed below:
The proposed activity will not adversely affect water quality. Tree roots will not be disturbed and
adequate erosion protection to the wetland buffer will be retained.
2. The proposed activity will not destroy nor damage a significant habitat area. The trees are located
within a wetland buffer. As such, it provides potential habitat for birds and small mammals. The
falling of the trees will not impact wildlife habitat as there is a population of trees of similar size
nearby.
Mr. Ron Sorenson
Page 12
December 16, 2014
I The proposed activity will not adversely affect drainage or stormwater retention capabilities. The
work will have no impact on drainage courses.
4. The proposed activity will not lead to unstable earth conditions, nor create erosion hazards. The
maintenance is limited in scope. The tree stumps, along with the remaining un-touched vegetation,
will stabilize any possible erosion.
Y r
5. The proposed activii� will not be materially detrimental to any other property, nor to the city as a
whole, including the.ioss of significant open space. The tree fall ing work wi I l remove potentially
hazardous trees, which could fall onto developed areas of the Frito Lay site. Removal of these trees
will not have a detrimental impact on open space.
6. The proposed activity is necessary to: a) maintain existing pathways and landscaping, ensure the
health of existing vegetation, achieve limited pruning to allow for view maintenance, reduce tree mass
or redirect tree growth, or similar purposes; and/or b) the proposed activity is necessary to minimize
potential impacts from dead, dying, diseased, or otherwise dangerous or nuisance vegetation
(emphasis added). Mr. Bird has examined the trees in question and deemed them necessary for falling.
7. The proposed activity does not require review under the State Environmental Policy Act (SEPA). The
department concludes that this activity is exempt from SEPA review.
8. The proposed activity is consistent with the requirements of [Federal Way Revised Code] FWRC
Chapter 19.120, "Clearing, Grading, and Tree and Vegetation Retention. " The maintenance of the
vegetation is consistent with the purpose statement and regulations of FWRC Chapter 19.120.
DECISION ON REMOVING AND REPLACING TREES IN PERIMETER LANDSCAPE BUFFER
The city hereby authorizes removal of six existing fir trees within the Frito Lay site east perimeter
landscape buffer area, which is a non -wetland and non -wetland buffer area. These six existing fir trees
have partial canopies and will be replaced by ten new, six-foot tall cedar trees.
CLOSING
This administrative decision shall not waive compliance with future City of Federal Way codes, policies,
and standards relating to this site. If you have any questions regarding this letter, please contact Contract
Planner Jim Harris at "itn.harris ci offederalwa .c m.
Sincerely,
Larry Frazier
Interim Director of Community Development
c: Jim Harris, Contract Planner
Margaret Clark, Principal Planner
File 914-106377-00-AD Doc ID 967490
W
iL(- to6377- A
Jim Harris
From: Sorenson, Ron {FLNA} <Ron.Sorenson@pepsico.com>
Sent: Friday, December 12, 2014 9:16 AM
To: Margaret Clark; Jim Harris; Jack.hunden@devcoapts.com
Cc: James, Bob {FLNA}
Subject: Frito Lay Site Meeting
Margaret, Jim,
We appreciate you taking time out of your busy schedules to meet with Bob and I yesterday. I've dropped off the site
plan for the removal of the fir trees with Margaret's name on it at the reception desk. The Arborist couldn't schedule the
removal of the tree's until next week Friday . We would however appreciate the approval for both the fir tree removal
and wetlands removal by Wednesday 12/17 if at all possible. Right now he's proposing to install 10 each 6ft Western
Red Cedars in place of the firs. He said they have a better root system for this location since the planting bed is-ndt very
wide. With taxes, this will cost us $3805.13.
We are concerned with proposed parking area and how tall they filled the area against our fence. Today a person could
place a 2 x6 from the top of the fill to our fence and climb right over compromising our site security. We're also'
concerned about the lack of screening / buffer between our commercial business and the apartments.
Clearly #2 below was not considered when issuing the permits. Not only have our trees been compromised but our
building has also had damage due to the funneling effects of the easterly winds. The building that lost the molding along
the roof has been there since 1982 with no issues. It wasn't until the forest was removed that we incurred all of these
issues.
There was damage done to our fence during the removal of the trees that has not been fixed.
A meeting with the Developer would be nice to see how they plan to address our concerns.
19.120.090 Aesthetics,
L: SHirRf F� ,
jI , �.II natursl a etati n shall stain_d on th= �.ite e�: pt Ehat �s°hici� n3.9;r ! s r�mau�sd as.sh �a°n �r..�cc� a-� =n;ins=ring cls^a.
d:ti Cleating and grading shall Mini-nize impacs tc, adjaQent prvpe ice, and clearing, gracing, snd v--w, un aetsr, n 1ss shall
inolu _ p tecti r: nEeasuresf •r _.Fisting v=_gststicn I cat=d n adj.ac nt F'c. erti ,.
{;3s If �evel�paYent is t� � phas=_ti, clearing ar,d gaming _hall aF� �s pha��sd unless an altsrneti��a plan fit interim s�sthsti��eatn�snt
cf the de->el�prnEnt Site has be=n a,pprovac, under F*VgRC 19-2.3_-Jlo 2;,c;�.
RidsshaulZ: foIIcwe iAng cznt"c s in �ardde€t niininiizsgrsdirig .
f5 DsvelopmsntOnsitss-&ith--IeaS.Ofs1Up=_sC?f15cer.--ntcagreat =_rshaIIr�'mpIyevithF•R--1a-1Y 118,6eve Iopm:-ntofsites-aitn
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their natuzal state.
Jim Harris
From: Sorenson, Ron {FLNA} <Ron.Sorenson@pepsico.com>
Sent: Thursday, December 11, 2014 2:25 PM
To: Margaret Clark; Jim Harris
Cc: James, Bob {FLNA}
Subject: Frito Lay Wet Land Tree Removal
Attachments: SPEPPRT051014121114140.pdf
Importance: High
Jim,
Attached is the report from Jim Harris our Arborist. I'm scheduling him for next Friday for the firs and hopefully we can
take care of the Cottonwoods in the wet lands at the same time.
Please let know if you need any additional information.
Thanks
Ron Sorenson
PAC NW Region Bin Manager
33930 9th Ave So
Federal Way, WA. 98003
ron.sorenson rD oecsico.com
O - 253-838-0286
C - 253-318-9000
F - 253-815-0298
From: Ron.Sorenson@pepsico.com mailto:Ron.Sorenson a sico.com]
Sent: Thursday, December 11, 2014 2:15 PM
To: Sorenson, Ron {FLNA}
Subject: Message from KM_C454e
1
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Thanks
Thanks
Rost Sorenson:
PAC NW Region Bin Manager
33930 9th Ave So
Federal Way, WA. 98003
ron.sorenscnPoeosico, om
0 - 253-838-0286
C - 253-318-9000
F - 253-815-0298
Pi
l°- tfj�377 - �O
P.O. Box 1847
AUBURN, WA 98071-1847
OFFICE 2 53-288-TREE (8733)
FAX: 253.939.5126
WWW.THUNDERINGOAK.COM
Good afternoon,
The following information is for Pepsico located at 33930 9Th Av S, Federal Way WA
The proposal is to fall the 8 cottonwood trees marked on the attached plans which
are considered hazardous due to the removal of the adjacent timber land that once
protected these trees from heavy winds. The trees would be fallen with handheld
chainsaws and left as habitat for the wetlands.
1. No adverse effect on water quality with the removal of the 8 cottonwood
trees within the wetlands.
2. The removal of the cottonwood trees will add to the habitat of the wetlands.
3. The removal will have no effect on drainage or retention capabilities.
4. The activity will not create any erosion hazards or unstable oarth conditions.
5. Adjoining property is not affected.
6. The proposed activity is necessary to eliminate a dangerous hazard.
7. No
8. Yes
If 1 can be of any further assistance please don't hesitate to contact me.
Sincerely,
Steve Bird
253-288-8733
Certified Arborist
#PN0916
CITY OF
Federal Way
33325 8th Ave S. P.O.Box 9718
Federal Way, WA. 98063-9718
Department of Community Development Services
Interpretation #10-01
Subject
Allowing for temporary intrusions within a critical area and associated buffer areas for vegetation maintenance,
including, but not limited to, removal of hazard trees and nuisance vegetation.
Interpretation
This interpretation rescinds the interpretation issued July 31, 1997, on the subject: "Temporary Encroachment in
Environmentally Sensitive Area Setback for Vegetation Control and View Enhancement."
This interpretation is intended to clarify the intent of language in the Federal fty Revised Code (FWRC) Title
19, Division V, Critical Areas, to allow for temporary intrusions within a critical area and associated buffer
areas for vegetation maintenance, including removal of hazard trees and nuisance vegetation and limited
pruning for view maintenance, subject to the Director's approval.
Relevant Definitions from Chapter 19.05 FWRC
Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical methods.
Hazard tree shall mean any tree which, in the opinion of the city or an expert approved by the city (such as, but
not limited to, a professional forester, certified arborist, or landscape architect), poses an unreasonable risk of
failure and poses a hazard to a permanent structure or high use outdoor area.
Invasive species include non-native species of plants or ani pals that out -compete native species in a specific
habitat and that cause or are likely to cause economic or enviromnental harm or harm to human, animal or plant
health. Invasive species include species on the noxious weed list maintained by the King County Noxious
Weed Control Board. See also Native Vegetation and Nuisance Vegetation.
Native Vegetation includes native, undisturbed areas or rehabilitation of previously disturbed areas that consist
of trees, plants, forest litter, and understory indigenous to the Pacific Northwest or near natives that are suitable
for the Pacific Northwest climate. Invasive species, such as Himalayan Blackberry or Scotch Broom are not
native species.
Nuisance Vegetation shall mean any tree or vegetation that, in the opinion of the city or an expert approved by
the city (such as, but not limited to a professional forester, certified arborist, or landscape architect), is an
invasive variety, is an allergen, or due to its location is causing or is likely to cause damage to a permanent
structure, or other economic, or enviromnental harm or harm to human, animal or plant health that cannot be
mitigated without removal of the tree or vegetation.
Tree means any self-supporting perennial woody plant characterized by one main stem or trunk of at least six
inches in diameter measured four and one-half feet above ground, or a multi -stemmed trunk system with a
definite crown, maturing at a height of at least 20 feet above ground level.
Discussion
General vegetation maintenance, as well as removal of hazard trees and nuisance vegetation, is addressed in
FWRC Chapter 19.120, Clearing, Grading, and Tree and Vegetation Retention. In particular, FWRC
19.120.030(11) exempts routine maintenance of trees and vegetation to maintain the health of cultivated plants,
Interpretation #10-01 Pagel of3 File 410-100087-00-UP/Doc I.D. 52705
and FWRC 19.12.030(12) exempts removal of overhanging vegetation and fire hazards, or removal of invasive
species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director
or his/her designee. However, FWRC 19.120.030 also specifies that nothing in this section allows clearing and
grading activities that are prohibited under FWRC Title 19, Division V, Critical Areas.
Within FWRC Title 19, Division V, Critical Areas, there is some guidance regarding vegetation maintenance
activities as follows:
Emergency Exemption: FWRC 19.150.080 states, "Emergencies that, in the opinion of the director of
community development, threaten the public health, safety, and welfare," are exempt from the provisions of
the division. However, most tree and vegetation maintenance activities, including most cases of hazard
trees, do not constitute an emergency.
Geologically Hrawdons Areas: FWRC 19.160.010 states, "The director of community development may
permit development activities, land surface modification, or the installation and maintenance of landscaping
normally associated with residential, commercial or park use on or within 25 feet of a geologically
hazardous area if no reasonable alternative exists and only if the development activity or land surface
modification will not lead to or create any increased slide, seismic or erosion hazard."
Streams: FWRC 19.165.060 states, "The director of community development may pen -nit ... the applicant
to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as ...invasive,
nomnative vegetation."
Lakes: FWRC 19.170.040 allows for, "...installation and maintenance of normal residential or park -like
landscaping within the required setback area; provided that no fertilizers, pesticides or other chemicals or
substances are applied that will degrade water quality. Additionally, rehabilitation/maintenance activities
such as removing inappropriate vegetation and planting of native vegetation may be permitted."
Wetlands: FWRC 19.175.030 states the director may permit or require rehabilitation and maintenance of a
regulated wetland per removal of detrimental material such as inappropriate vegetation and replacement
with native vegetation.
Conclusions
The purpose and intent of FWRC Chapter 19.120 includes: minimizing disturbance of vegetation and soils,
preventing the untimely and indiscriminate removal or destruction of trees and vegetation, preserving important
landscape characteristics, and protecting wildlife habitats by promoting the retention and restoration of
vegetation in habitat areas. As stated in the discussion above, vegetation maintenance and removal of hazard
trees and nuisance vegetation are exempt activities unless located in areas governed by FWRC Title 19,
Division V, Critical Areas. The intent of this language was to ensure that any proposed vegetation removal
within critical areas would be subject to city review and director approval.
The purpose of FWRC Title 19, Division V, Critical Areas, is to protect the environment by precluding or
limiting development in areas were development poses serious or special hazards. As noted in the discussion
above, in most designated critical areas the zoning code states that the director may permit or require
rehabilitation and maintenance activities, which may include maintenance, removal, and replacement of
vegetation. While removal of hazard trees and pruning for view maintenance are not specifically noted, these
actions can also be characterized as vegetation maintenance activities.
lin summary, some vegetation maintenance activities are addressed in FWRC Title 19, Division V, Critical
Areas, while other standard vegetation maintenance activities routinely proposed within the city are not
addressed. In addition, the types of vegetation maintenance activities considered are not consistent between the
critical areas categories. There should be a standard review process for all proposed vegetation maintenance
activities within designated critical areas.
Interpretation # 10-01 Page 2 of 3 File 410-100087-00-UP / Doc. M 52705
Therefore, review of all requests for vegetation maintenance within a critical area, including hazard tree
removal, removal of nuisance vegetation, and limited pruning for view preservation, shall be subject to
director's approval. The applicant shall submit the following application materials to assist in review of the
requested vegetation maintenance activity.
1. A vegetation maintenance plan prepared by an expert approved by the city (such as, but not limited
to a professional forester, certified arborist, or landscape architect), that includes the following:
a. A site plan at appropriate scale denoting the extent of the proposed vegetation
maintenance activity and location of the critical area(s).
b. Tree and vegetation location, and type and caliper of each tree within the area subject to
the proposed vegetation maintenance activity.
c. Identification of methods of vegetation control proposed (limited to hand tools and hand
powered tools).
d. Tree/vegetation replacement proposed: if required to maintain the ecological function of
the critical area and/or to meet requirements of FWRC 19.120.130, Tree and Vegetation
Retention Requirements.
2. When required, special studies such as a wetland or stream analyses, or a soils report prepared
by a qualified professional approved by the city.
The following criteria shall be utilized in reviewing proposed vegetation maintenance activities within a critical area:
1. The proposed activity will not adversely affect water quality.
2. The proposed activity will not destroy nor damage a significant habitat area.
3. The proposed activity will not adversely affect draiiage or stormwater retention capabilities.
4. The proposed activity will not lead to unstable earth conditions nor create erosion hazards.
5. The proposed activity will not be materially detrimental to any other property nor to the city as
a whole, including the loss of significant open space.
6. The proposed activity is necessary to:
a. Maintain existing pathways and landscaping, ensure the health of existing vegetation,
achieve limited pruning to allow for view maintenance, reduce tree mass or redirect tree
growth, or similar purposes; and/or
b. The proposed activity is necessary to minimize potential impacts from dead, dyilg,
diseased, or otherwise dangerous or nuisance vegetation.
7. The proposed activity does not require review under the State Enviromnental Policy Act (SEPA).
8. The proposed activity is consistent with the requirements of Chapter 19.120, Clearing, Grading,
and Tree and Vegetation Retention.
After completing review of the proposed activity per the criteria listed above, the director shall issue a letter
informing the applicant whether or not the proposed activity is approved and of any conditions that apply.
Greg Fewins, Community Development Services Director Date
Interpretation # 10-01 Page 3 of 3 File 910-100057-00-UP / Doc. I.D. 52705
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EXISTING CULVER
APPROXIMATE SCALE
100 0 100 200 feet
REFERENCE:
SITE PLAN PROVIDED BY OTAK, INC.
9MEnvironmental
TERRA
ASSOCIATES
Consultants
WETLAND LOCATION MAP
FRITO-LAY DISTRIBUTION CENTER EXPANSION
FEDERAL WAY, WASHINGTON
Proj.No. 4664-1 1 Date May. 2000 1 Figure 1