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15-102522C Z �Lm GLtL July 17, 2015 Jim Ferrell, Mayor David and Katharine Ellingson Emailed: dellintzson@pinai l.coni 31006 391h Place SW Federal Way, WA 98023 RE: Permit #15-102522-AD; APPROVED W/ CONDITIONS Ellingson Vegetation Removal, 31006 39`h Ave. SW (Parcel 4758200-0080) Dear Mr. & Mrs. Ellingson: The Community Development Department is in receipt of your correspondence dated May 22, 2015, and has completed a review of your request to remove and perform general maintenance on dying trees and shrubs, and re -plant and add topsoil on the rear slope of your property. The request requires administrative approval from the Planning Division for clearing and grading activities on geologically hazardous areas and within the 50 ft. shoreline setback. BACKGROUND The subject property is located within the Urban Conservancy Environment of a regulated shoreline and zoned RS15.0 (1 Unit/15,000 sq. ft.). Review of the City's Critical Area Mapping indicates the parcel is within 50 ft. of an erosion hazard and landslide hazard area. This review addresses a code violation (15- 100993-VO) for land surface modifications and clearing. FINDINGS The request is for the following activities. Additional findings of fact are found below: 1. Removal of seven diseased Juniper trees in 2012, and several others from 2014-2015. 2. Removal of two dying fruit trees in 2012. 3. Planting of groundcover (heather bushes) on the slope at the rear of the property affecting approximately 3,500 sq. ft. and abutting an existing bulkhead. 4. Activities were conducted within 50 ft. of the Ordinary High Water Mark (OHWM). Clearing and land modifications were also located within the shoreline vegetation conservation area pursuant to Federal Way Revised Code (FWRC) 15.05.020 and FWRC 15.05.090(5). ANALYSIS Tree Retention The property is zoned RS15.0 and per Federal Way Revised Code (FWRC) 19.120.130, the property is required to maintain 25 tree units/acre. The site is approximately 0.47 acres, and requires 9.4 tree units (25 x 0.47 =9.4). "Tree unit" is a measurement that gives a value to the number of trees retained on a site based upon the size of the tree. The larger the tree, the more tree units that single tree qualifies for. Based 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 • www.cityoffederalway.com Mr. Ellingson July 17, 2015 Page 2 on satellite imagery existing trees may achieve the tree density requirements. The following discussion describes requirements within the shoreline vegetation conservation arca (VCA). Vegetation Conservation Area (Shorelines) The impacted area is within the required 50 ft. shoreline setback, and considered the VCA. Within the VCA, no more than 15 percent of the area with existing native shoreline vegetation shall be cleared, and a minimum of 80 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. In this decision the director shall allow the removal of dying and diseased trees exceeding the above -mentioned requirements, if the owner agrees to replace plantings that demonstrate a greater benefit to ecological shoreline processes (i.e. terrestrial habitats). The owner shall plant native tree species in addition to the heather planted. Geologically Hazardous Area The installation and maintenance of landscaping associated with single family residences may not occur within 50 feet of a geologically hazardous area, unless no reasonable alternative exists and if the clearing and grading will not lead to or create increased slide or erosion hazard. As tree removal has occurred, no reasonable alternative exists. The tree removal and soil placement performed was conducted in a sloped area - geologically hazardous area. The area did not contain non -living ground cover; however, the removed diseased and dying juniper and fruit trecs shall be replaced per FWRC 15.10.160(4) with a minimum of five native trees to stabilize and prevent future erosion of the slope. City of Federal Way and Department of Ecology tree species and sizing guidance sheets are enclosed. CONCLUSION The city concurs with removal of the diseased fruit and juniper trees within the 50-foot shoreline setback and within 50 ft. of a geologically hazardous area. The owner shall plant additional native trees species to prevent soil erosion, stabilize the slope, and support terrestrial foreshore ecological processes. DECISION Pursuant to FWRC 15.05.090(e) and FWRC 15.10.160 the vegetation/tree removal outlined in the `Findings' section of this letter is hereby APPROVED with conditions. CONDITIONS 1. Per FWRC 15.10.160(4)(d) and (e) and 15.05.090 (e), the property owner shall install five native trees with a > 6 " to 12 " d.b.h. (diameter breast height) in the disturbed areas of the VCA to the satisfaction of the Planning Division. 2. The Public Works Development Services Division requires impacted areas to be maintained in a stabilized condition. 3. The owner shall schedule a landscaping inspection by palling Leila at 253-835-2644. SHORELINE EXEMPTION REQUIRED An associated shoreline substantial development permit exemption (15-101531-SH) is currently under review. 15- 102522-AD Doc 1 D 70034 Mr. Ellingson July 17, 2015 Page 3 CLOSING This administrative decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this site. To schedule an inspection call the contact below. If you have any questions regarding this letter, please contact Associate Planner Leila Willoughby -Oakes at (253) 835- 2644, or leila.willoughby-oakes@cityoffederalway.com. Sincerely, �- Isaac Conlen Planning Manager enc: Approved Site -Plan W. Mark -Lips Ecology Plant Selection — Erosion Control/Slope Stabilization Bulletin #060 Recommended Tree Species Bulletin#070 Tree Retention Bulletin c: Leila Willoughby -Oakes, Associate Planner E.J. Walsh, Development Services Manager LD. 70034 I5- 102522-AD Doc F6L�' CITY OF l Aeral Way Shoreline Exemption Conditions Federal Way Revised Code (FWRC) 15.05.130 `Shoreline Exemption' Ellingson Shoreline Exemption (Land Surface Modification & Boat House) File #15-101531-SH (Related File #15-102522-AD) Background The applicant proposes to modify a legal nonconforming bulkhead within the Urban Conservancy Shoreline Environment designation. The proposal includes an 8 ft. tall, 104 sq. ft. boat house as an appurtenant structure to a single family home, not to exceed 150 sq. ft. of building footprint, and associated walkway pavers/concrete. The applicant removed trees and vegetation in a geologically hazardous area abutting the bulkhead. This portion of the shoreline exemption is a result of a code violation and the 2012 King County Shoreline survey. Actions included the removal of several dead juniper trees and ornamental shrub plantings. However, the applicant has since replaced the juniper trees with several native trees and replanted the area with approximately 100 scotch heather plants stabilizing the slope. Decision Pursuant to FWRC 15.05.070, the proposed boat house complies with bulk dimensional requirements (i.e., maximum height and maximum footprint of structures within the shoreline setback). Work within geologically hazardous areas meets the provisions of FWRC 15.10.160, and was conditionally approved under permit number 15-102522-AD. Conditions of Approval 1. The associated building permit (15-105629-SF) shall be issued prior to construction. 2. A final planning inspection is required. To schedule an inspection call 253-835-2644. 3. Creosote treated wood shall not be used to construct the boat house or improvements. 4. During construction (i.e. jack -hammering) within the improved area, the applicant shall keep all materials off of the beach and dispose concrete upland. Prepared by: Leila Willoughby -Oakes, Associate Planner Date: June 9, 2016 IS-101?:I-00-SH Doc. ID .70211 Tim Grace Skidmore From: David Ellingson <dlellingson@gmail.com> Sent: Friday, May 22, 2015 9:02 PM To: Permit Center Subject: Fwd: Vegetation and Tree Removal Approval Attachments: 20150423151312.pdf, Replanted Slope jpg Per Leila's email below regarding 31006 39th Ave SW - 0752Z I am requesting retroactive approval to remove Junipers from the slope between my house and bulkhead. We purchased the house in January of 2012, and approximately three of the 7-8 Junipers on the slope were dead. We removed the dead Junipers bushes (I did it personally with a small saw). Two more died that Fall and the others were browning and we decided to remove all of them and replant the entire slope with a heather intended to blanket the slope. We also planted a Japanese Maple tree and a few other shrubs. There have never been stability issues, it was not a view issue, we simply needed to replant something to replace the dying Juniper bushes. I have attached a picture of that project finished. Per the document attached, none of the trunks were 6" in diameter or greater, so I do not believe these would qualify, as "trees". The tallest was approximately 8 feet high, most were 3 to 5 feet. I do not have before pictures. There was not a site plan drawn, although we did use a reputable landscaper - NW Landscape Management to replant the bulkhead. Please let me know what other steps I may need to take to receive approval for this - my apologies for the inconvenience, since the Junipers were dying off a couple at a time it did not occur to us to review the entire plan. I would also be glad to conduct a walk through for someone if that would help! Thanks! David ---------- Forwarded message ---------- From: Leila Willoughby -Oakes <Leila. Willoughby-Oakes(Z7cityoffederalway.com> Date: Thu, May 21, 2015 at 4:51 PM Subject: Vegetation and Tree Removal Approval To: David Ellingson <dlellin son mail.com> Hi David, I hope this email finds you well. I've been caught up in other projects/work, as I am sure you have too! In order for us to hgve, the right approvals in place for the shoreline exemption review, could you submit a formal request via email to the Federal Way permit center(PermitCenter@Lcityyffederalway.com) for the removal of the vegetation and dead junipers on your slope? This will be a retroactive approval, with no associated review cost. Vegetation/tree removal.in geologically hazardous areas (a type of environmentally "critical area") are regulated but the Director of Community Development may approve these activities under certain criteria. I have attached how we evaluate these requests if you are interested or need to remove trees in the future. Have a great day and thanks again, Leila L. Willoughby -Oakes, BES, MPA Associate Planner Federal Way 33325 8 h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www.ci13LolYederalway.co Please consider the environment before printing this email wA coo or 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 ternp oraryintrusions 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." Tins interpretation is intended to clarify the intent of language in the Federal Way 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 andposes a hazard to a permanent structure or high use outdoor area. Invasive species include non-native species of plants or animals that out-con4)ete native species in a specific habitat and that cause or are likely to cause economic or environmental 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 alsoNattve Vegetation and Nuisance,Vegetation. Native Vegetation includes native, undisturbed areas or rehabilitation ofpreviously 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. Muisance Vegetation shall mean any tree or vegetation that, in the opinion of the city or an expert approved by the city (such as, butnot limited to a professional forester, certified arborist, or landscape architect), is an invasivgor "F�"�econ:-dolmzrigc eq or due to its location is causing or is likely to cause damage to a permanent striictur or environmental harm or harmto human, animal or plant health that cannot be rn!ggatv 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 ,,ydefmite crown, maturing at a height of at least 20 feet above ground level. v 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 Page 1 of 3 File Ml0-100087-00-UP / Doc. M 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 prolubited 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 Hazardous 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 ruse on or within 25 feet of a geologically hazardous area if no reasonable alternative exists and only if the development activity or land surface a-toditicat ion 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 permit ... the applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as ... invasive, normative 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 19.175.03 0 states the director may permit or require rehabilitation and maintenance of a regulated wetland per removal of detrin-ymtal material such as inappropriate vegetation and replacement with native vegetation. Conclusions The purpose and intent of FWRC Chapter 19.120 includes: rrri►fi-nizing disturbance of vegetation and soils, preventing the untimely and indiscriminate removal or destruction of trees andvegaation, 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 governedby 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. In 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- PiFe#[D-100087-DO-UPIDuw LD. 52705 Therefore, review of all requests for vegetation maintenance within a critical area, including hazard tree removal, removal of nuisance vegetation, and limitedprunning 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. 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. Treclvcgetation replacement proposed: ifrequired to maintain the ecological fimction 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: I - 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 drainage 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 ni-Inimize potential impacts from dead, dying, diseased, or otherwise dangerous or nuisance vegetation. 7. The proposed activity does not require review under the State Env. -omnentai 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. F Greg Fewins, Development Services Director fro Date Interpretation #10-01 Page 3 of Ffl.910-IWa87-0o-UP/ Dou LD.,52705 77 39 Pi �. 6 391h-PI SIIV�. � ►IIJII _ __ - �bi•• �S.t `/~tip � ••_ 1J� .r M. ., R! � . . �. ,� - : + r ems" �r y. �� ��^.. - - •� _ ter--:y.� ..•r �.. - „��. • °-.. � � - � � r ,kw.1• ,�'l ... .r- __� wry. � r.�►�. M1 _I4t - . ;h-r+r+_--'J -- • _ .-+41-++-sr. j „ Yam• ti±-- CITY OF Federal WaY February 13, 2015 David L. & Katharine Ellingson 31006 39th P W Federal Way, WA 111121 Re: Shoreline Issue — Permits Required CITY HAIL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www-cityaffederahvaY corn Jim Ferrell, Mayor and Mrs. Ellingson: Dean Mr. ernes that have made � 2012 identified several prop The latest shoreline swevey conducted by King County concrete slab on your waterfront and other structures along the shoreline - improvements City of Federal Way observed at to bulkheads cad was removed and replaced with a slope vegetation behind a bulkh last 12-24 months. Our records indicate that s},or provide US sgwitl�its propel app�roxi dfor y e theimprovements. were not abtau�ed for the above referenced ux ds If that is incorrect, please evidence to that effect and we will uP icall require permits because of ecolminimum Impac to the ecological Waterfront smprovemerits 0 hareline pro}eafety co"c" f this land ct can be carefully designed for minim With proper permitting function of the shoreline- s Willoughby -Oakes (�53-835-2G44, or ed and the permitting process Within the next two weeks, please contact Associate Planner improvements Leiia.W illoughby-O akesQci�' offederalway.com) to discuss the work that t shows the the site into conformance. Please prepare a site plan drawh'g to bring hs may also be helpful. that have been made. Photograp y 'Thank you for your prompt et offederalway.com. I can be reached at 253-835-2 39,appreciated- Sincerely, Anna Garner Code Compliance Officer cc-. permit Center Isaac Conlen, manner ivia 99U Official Scott Sprout, Assistant Buildg 1.2% \VdI,ughby-Oakes, Associate planner. � - T Ellingson Shed/Boat House Cover Page Narrative Construction of 11'6" x 9' x 8' tall shed/boat house. Construction materials to be as follows. First 3' of exterior walls to be constructed of CMU blocks filled with concrete with # 3 rebar epoxied into existing concrete slab every 3'. Rebar to be set into existing 8" thick slab at a depth of 4". Remaining 5' of exterior walls to be constructed of PT 2x4 bottom plate and HF 2x4 studs 16" OC with HF 2x4 top plate. Bottom plate attaches to top of CMU wall with wet set 3/8" J bolts W/2"washers and nuts ever 4'. Exterior sheeting to be 1/2" OSB. TyVeck house wrap over sheeting. 8" Hardi lap siding. Z flashing above doors. Roofing system to be constructed of HF 2x8 joist attched to top plate with H1 every joist. Roof sheeting to be 1/2" OSB covered with #15 felt paper. 35yr comp roofing, drip edge around entire roof line. Height of structure NOT to exceed 8'. 91/9/ L L :diva NOSJNIII:1 paUS :iDl odd MS anuanv L116C 9001C :SS]dG0V - �S-00-6Z9901-91 =# 1IW21�ld C. - Framing Notes &Details 2x8 Joist 24" OC. 1/2" OSB sheeting W/#15 felt. Drip edge at entire roof line. 35yr comp. Top platas H1 Every Joist .2x4 Studs 16 OC 3/8" J Bolt PT 2x4 Bottom plate. Attached to top of CMU wall with 3/8" J bolts every 4' CMU block wall filled with concrete attached to existing slab every 3' W/#3 rebar. j #3 Rebar DRAWINGS PROVIDED BY: PRQIEC DESCRIPTION: SHEET TITLE: Y SCALE: DATE: Master Builders NW Ellingson Shed Cover Page bill@masterbuildersmv.com 31006 39th Ave SW 253-363-0398 i • Z 1. 15 NNVAd NI NVId m l I m m v yv nv s p� 1 (D-4 LAO Jis- 4UUOd -idea M KAMA 0 40 ONINNVId a3AOEfddV DRAWINGS PROVIDED BY: PROJECT DESCRIPTION: SHEET TITLE: BY IQATF Master Builders NW Ellingson Shed I Site Plan bill@masterbuildersnw.com 31006 39th Ave SW 253-363-0398 e.d.er.a I. VU a y - - _. . SCALE: DATE: 1/32= 8.21.15 East Elevation M n M M 0 Flat Style Roof Not to Exceed 8' Tall From Grade Existing Concrete Slab South Elevation La out 11'-6" 104 sq ft Flat Style Roof Not to Exceed 8' Tall From Grade Existing Concrete Slab DRAWINGS PROVIDED BY: PROJECT DESCRIPTION: SHEET TITLE: SCALE: DATE: Master Builders NW Ellingson Shed Layout & bill@masterbuildersnw.com 31006 39th Ave SW 253-363-0398 Elevations WATER r- ORDINARY H[W WATER MARK w • . w • _ r r V . Y • . . Y e • - _ r . . i- -.. W w • -- +- r -,'"- • - _ Y-'• ---- - ;L.�' w . . _ . . . w . . _ ` _ . _ . w - . . . . -- - - v . r w r • ♦ r w ` . _ r - _ v - - _ .. . w - - r l • . . . . . • _ . 'GRABS` w i • .© . �. . i k! MUE STONE • • - - - _ - w ' . . . . r w (145 6F) ; • „ HOUSE (4h',5F" SHED (103 SF)