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PLN20170014 staff report w atts.pdfCITY OF EDMONDS 121- 5TH AVENUE NORTH, EDMONDS, WA 98020 ADMINISTRATIVE CONDITIONAL USE PERMIT FINDINGS, CONCLUSIONS AND DECISION To: Arnt and Chris Koser (for RtOrBennett) From: Mike Clugston, AI Associate Planner Date: May 2, 2017 File: PLN20170014 I. INTRODUCTION The Applicants are proposing to re -top some previously topped alder and maple trees on the Property Owner's site at 1428 Olympic Avenue for view maintenance. Critical areas are present on the site. Under the old critical areas ordinance (Ord. 3527), re -topping trees to their previously topped level had been allowed as a maintenance activity. The critical areas ordinance adopted in May 2016 (Ord. 4026) requires that re -topping be done every five (5) years for it to be considered normal maintenance of vegetation. According to the Applicants, the proposed re -topping is being done about eight (8) years after the last topping and so this land clearing/tree cutting permit is required for the work. A. Application 1. Property Owner/Applicants: h Bennett / Arnt & Chris Koser 2. Site Location: 1428 Olympic Avenue 3. Request: A conditional use permit to allow the alteration of trees (maintenance re -topping) in a critical area 4. Review Process: An administrative conditional use permit is a Type II permit. Following a public comment period, the Director (or designee) makes an administrative decision. 5. Compliance with: a. Edmonds Community Development Code (ECDC) Chapter 18.45 — Land Clearing and Tree Cutting b. ECDC Chapter 20.01— Types of Development Project Permits Bennett/KoserTree Permit File No. PLN20170014 Page 2 of 6 c. ECDC Chapter 20.02 — Development Project Permit Applications d. ECDC Chapter 20.03 — Public Notice Requirements e. ECDC Chapter 20.06 — Open Record Public Hearings (Notice of Final Decision) f. ECDC Chapters 23.40, 23.80 and 23.90 — Environmentally Critical Areas - General Provisions; Geologically Hazardous Areas; and Fish and Wildlife Habitat Conservation Areas B. Permit Processing and Public Notice The subject application was submitted on March 9, 2017 and determined to be complete on March 29, 2017. Public notice of the project was provided on April 12, 2017 in accordance with ECDC 20.03 (Attachment 6). No public comments were received. II. FINDINGS OF FACT AND CONCLUSIONS A. Edmonds Community Development Code (ECDC) Compliance 1. ECDC Chapter 18.45 (Land Clearing and Tree Cutting) a. Facts: 1) "Tree" shall mean any living woody plant characterized by one main stem or trunk and many branches and having a caliper of six inches or greater or a multi -stemmed trunk system with a definitely formed crown. (ECDC 18.45.040.Q) 2) "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation. (ECDC 18.45.040.C) 3) According to ECDC 18.45.030, a permit is not required for clearing if the circumstances identified in 030(A) through 030(F) apply. 4) There are critical areas on or adjacent to the Bennett parcel. A critical area checklist was completed for the site (CRA20170053) which identified a portion of Fruitdale Creek running near the north side of the property and steep slopes on and adjacent to the site. 5) The subject trees are located along the north and west sides of the property near Fruitdale Creek and in areas of slope with grades of approximately 30% (Attachment 3). b. Conclusions: 1) The exemptions in ECDC 18.45.030 do not apply in this case because the subject trees are located in a critical area near a stream and where the slope is in excess of 25%. As a result, a permit for tree cutting is required. 2) The Applicant applied for a tree cutting permit on March 9, 2017. Bennett/KoserTree Permit File No. PLN20170014 Page 3 of 6 2. ECDC Chapters 23.40, 23.80 & 23.90 (Environmentally Critical Areas) a. Facts: 1) The critical areas code applies as an overlay and is in addition to zoning, site development, building, and other regulations adopted by the City of Edmonds. 2) Through CRA20170053, several critical areas were identified on the parcel including a portion of Fruitdale Creek and steep slopes on and adjacent to the parcel in accordance with ECDC 23.80.020 and 23.90.010. 3) The subject trees are located in areas with slopes of approximately 30% and near Fruitdale Creek on the north side of the property. 4) According to ECDC 23.40.320, for the purposes of the critical areas code: "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling, dredging, draining, channelizing, cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants, paving, construction, application of gravel, modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. 5) Select vegetation such as invasive species or hazardous trees may be altered or removed as an allowed activity without a permit pursuant to ECDC 23.40.220.C.8. 6) As defined in ECDC 23.40.005, "normal maintenance of vegetation" means "removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years." Normal maintenance of vegetation is an activity exempt from the critical area regulations per ECDC 23.40.230.C.2. b. Conclusions: 1) The proposed tree topping is not an allowed activity. The work is also not normal maintenance of vegetation in this case since re -topping trees in a critical area more than 5 years after a previous topping is an alteration which requires a permit. The subject re -topping is approximately 8 years after the previous topping. Bennett/Koser Tree Permit File No. PLN20170014 Page 4of6 2) The review criteria of ECDC 23.40.160 are satisfied by the subject permit and conditions as follows: a) The proposal minimizes the impact on critical areas in accordance with ECDC 23.40.120, Mitigation sequencing; No disturbance to the slope or stream is proposed. The identified alders and maples will be re -topped to their previously topped level. There is already a large amount of cuttings on the bank and across Fruitdale Creek so all cuttings should be removed from the site. A row of alders north of the stream are in the Forest Dell Drive right-of-way and will not be altered — work on trees in the right-of-way must be done in accordance with the City's policy on that (Attachment 8). b) The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site, The re -topping of alder and maple trees does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal sites. A condition will be added that all downed wood be removed from the site. c) The proposal is consistent with the general purposes of this title and the public interest, The re -topping of the subject trees is consistent with the Purposes identified in ECDC 23.40.000 where the goal is to balance preservation and protection of critical areas while allowing for reasonable use of private property. While tree topping is a poor maintenance practice generally and is discouraged by the International Society of Arborists, re -topping of previously topped trees is viewed as an acceptable maintenance practice for the purposes of this code. d) Any alterations permitted to the critical area are mitigated in accordance with ECDC 23.40.110, Mitigation requirements, Because the alders and maples are not being removed, just re -topped, no replacement tree or vegetation planting is required at this time. e) The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and The tree re -topping will not result in a net loss of critical area functions and values. Should the trees need to be removed entirely at some point in the future, replacement vegetation would be required. f) The proposal is consistent with other applicable regulations and standards. Bennett/Koser Tree Permit File No. PLN20170014 Page 5 of 6 The proposal is consistent with both the tree code of ECDC 18.45 and the critical areas code of ECDC 23.40, 23.80 and 23.90. D. Technical Committee The proposal has also been evaluated by the Engineering Division, who suggested several conditions which have been added to this decision (Attachment 7). III. DECISION Based on Findings of Fact, Conclusions, and Attachments in this report, a land clearing permit for tree re -topping at 1428 Olympic Avenue is GRANTED, subject to the following conditions: 1. Tree trimmings shall be fell onto private property. All cuttings must be removed from the site. 2. The tree limbs and branches that are being trimmed as part of this permit may be re - topped to their previously cut levels in the future as a maintenance activity without a separate permit in accordance with ECDC 18.45 and 23.40.230.C.2. 3. Vehicles and equipment shall be located on private property. Should it be necessary to use any portion of the City right-of-way, including the street or sidewalk, to perform any of this work then the contractor shall apply for and obtain a right-of-way construction permit in advance of starting work. A traffic control plan will be required as part of the right-of-way permit application. 4. Contractor/owner/applicant is responsible for keeping all debris on site and preventing any silt laden runoff from leaving the site and/or entering the city storm system. 5. Contractor/owner/applicant shall repair/replace any damaged sections of curb/gutter, sidewalk or other public improvements in City right-of-way per City standards that is caused by or occurs during the permitted project. 6. Contractor/owner/applicant is responsible for locating all on -site utilities. The water utility purveyor for this site is the City of Edmonds. Relocation/revision/repair to any utilities may require separate permit. 7. In accordance with ECDC 23.40.270.13, a notice to title is required for the subject site as part of this permit application due to the field -verified presence of critical areas including Fruitdale Creek and steep slopes. Bennett/KoserTree Permit File No. PLN20170014 Page 6 of 6 IV. APPEAL A party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. V. LAPSE OF APPROVAL Section 18.45.045.C. states "Any permit granted under the provisions of this section shall expire one year from the date of issuance. No work may commence on the permit until the appeal time limit has expired. Upon receipt of a written request, a permit may be extended for six months." VI. ATTACHMENTS 1. Land use application 2. Cover letter 3. Aerial photo of site 4. Arborist letter 5. Photos of subject trees 6. Letter of complete application and public notice materials 7. Departmental comments 8. City's right-of-way tree policy VII. PARTIES OF RECORD Rita Bennett Arnt & Chris Koser Planning Division 1428 Olympic Ave. 9509 Forest Dell Dr. Engineering Division Edmonds, WA 98020 Edmonds, WA 98020 ritaben nett.cra@frontier. chris.koser@comcast.net net City of Edmonds Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW ❑ COMPREHENSIVE PLAN AMENDMENT D FILE # f LA/ZCt70U ZONE ❑ CONDITIONAL USE PERMIT ❑ HOME OCCUPATION DATE 9 1 7 REC'D BY _011C S ❑ FORMAL SUBDIVISION 01 FEE �•0 0 RECEIPT# ❑ SHORT SUBDIVISION ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT 17 HE STAFF ❑ PB C ADB J CC ❑ OFFICIAL STREET MAP AMENDMENT STREET VACATION REZONE ,;ZE1n 0VW — CJ SHORELINE PERMIT ❑ VARIANCE/REASONABLE USE EXCEPTION �� N//e OTHER: IS69 GPPIN�7._A1A11V0. �/V,g9Ut.1s L✓� /' , J • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION /� �;z �zt(� Q� - - PROJECT NAME (IF APPLICABLE) ;�Vf©43L3�(Smo 77 V O / n PROPERTY OWNER P ITA �G `� e-1 _ 1 PHONE # (qtaf)_ ~ •Z" ADDRESS�gze 0L�I� PIO—kifis �moN17S WA -17 --w E-MAIL Y 1A_9 > e yt h e 44Gar, ,%dD;V6Vt+ i e 1r FAX # CaR'' TAX ACCOUNT # SEC. TWP. RNG. OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS N DESCRIBE HOW THE PROJECT JOEETS APPLICABLE CODES (ATTACH COVER LETTER AS APPLICANT mJT l� �l N5 f�DS— PHONE # ADDRESS E-MAIL ( CONTACT PERSON/AGENT Ago_-r PHONE# ADDRESS E-MAIL FAX# /y�A The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information fumished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on thethe be ofof �ttn below. SIGNATURE OF APPLICANT/AGENT ����G -DATE DA Property Property Owner's Authorization I, J<1T11 gl • '6g, Alye—/1 certify under the penalty of perjury under the laws of the State of Washington that the following is a true aid correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. I SIGNATURE OF OWNER \ CL � DATE + ` Questions? Call (425) 771-0220. Revised on8122112 B- LandUseApplication Rage Attachment 1 PLN20170014 City of Edmonds Permits & Planning Department 121 5 h Ave. N. Edmonds, WA 98020 Attn: Mike Clugston Dear Mike, Arnt & Chris Koser 9509 Forest Dell Dr. Edmonds, WA 98020 March 8, 2017 RECEIVED MAR 0 9 2017 DEVELOPMENT SERVICES COUNTER Attached is our application for the tree topping at 1428 Olympic Ave. As we discussed with you when we came in to get the application, this is a maintenance issue. These trees have been topped several times over the years and this is just taking them back to the last topping level. There will be no tree removal of any kind or topping of any evergreens. This permit application applies only to Alders and a couple of Maples as outlined in the proposal from Edmonds Tree Service. Also attached is the description of the project proposal from Edmonds Tree Service, permit area radius map, address labels and pictures of the trees involved. If you have any questions, please be sure to give me a call. I'd also be happy to go to the site with you, if you'd like. Thank you for your help! Sincerely, Arnt Koser Attachment 2 PLN20170014 �•,•' "" �(• f `, r 1�. nr- • ... _ . - r ,C' d� !►.� i�! .� ''�)• �. n. •5 i 'yam R K � � �tow s ,i, .` � �,: �y � •'r•� '• ;�.. .[ _ . � Y: - Dom. •' � �'• ' ,tom .� 4. `-•� r VIPL i 428 01yJ11*PI j Google Earth 91 ProposalEdmonds Tree Removal • • • �. . "Professional Affordable" r 206-851-9580 Steve Sch lecht, Owner Steve-425-761-8005 PROPrL SUBMITTED TO �' APHONE C DAT STREET � JOB N E rX C4 n C��cc�s . - CITY, STATE AND ZIP CODE lEa4• 1 ot-L JS JOB LOCATION / �;z yWe hereby propose to furnish materials and labor necessary for the completion of V 1 IV V tr i rn rn r /"1 c, dZ j . i7 F ,'- 4t i,rJ. tA—)0 O l r.�GL h P h, ' 1" ;� Edmondstreesvc@comcast.net V Disclaimer: Edmonds Tree is not responsible for any damage incurred from any undisclosed or hidden obstacles, i.e. sprinkler systems, septic t nkS lectric wires and gas or oil lines etc. %��� ��� `; , Contractor EDMONTR844CJ We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Payment to be made as follows: AT TIME OF SERVICE, THANK YOU! dollars ($ Edmonds Tree Service will not assume liability for property line disputes or failure to obtain local permits. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving Authorized extra costs will be excluded only upon written orders, and will become an extra charge over and Signature above the estimate. All agreements contingent upon strikes, accidonts or delays boyond our control. Owner to carry fire. tornado and other necessary Insuranco. Our workers are fully covered Note: T is proposal may be withdrawn if not accepted within days. by Workmen's compensation Insurance. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature Attachment 4 to do the work as specified. Payment will be made as outlined above. P LN 20170014 Date of Acceptance _ - Signature----------- (PT Chris Koser From: Chris Koser <chris.koser@comcast.net> Sent: Monday, February 27, 2017 6:30 PM To: chris.koser@comcast.net Subject: FW: Permit From: edmondstreesvc [mailto:edmondstreesvc@comcast.net] Sent: Monday, February 27, 2017 3:33 PM To: Chris Koser <chris.koser@comcast.net> Subject: RE: FW: Permit to whom it may concern edmonds tree would ask that we are able to do a canopy reduction on previously topped tree's for chris koser we intend to reduce canopy to previous level to maintain the health of the tree's we intend to leave cuttings along bank unless otherwise specified thank you, edmonds tree Sent from inv T-Mobile 4G LTE Device Edmonds Tree Re Large and Dangerous Tree Removal, View Clearing, Tree Pruning and Thinning Lot Clearing, Hedge Trimming, Logging 2e Mu, Emergency Licensed, Bonded & Insured $em0e EDMONTRWCJ (206) 851-9580 • Free Estimates (425) 761-8005 edmondstreesvc@comcast.net Steve Schlecht Olt,' - bp c y1 MAI MAN :oil .. �if - a!,. 1 �. � 't'�\ (' (1 K'w!r '/�.y�'j'e°,y� ��. •{,: - 1 ''�� 1 \.! 1,1(i• �/ 1I ,f `�}1f\ i�• • 1..�Mt'?te l y.. r 'r. �y �. 4`}�•`.Li. �, '= � V , to �� '+ v.+ � � .e •� � A� 1.;���j'� OA `� `► 1 { .. - ..yiV .•iY �R: o' y-W a AN �§x NI..V I/ r / , ka .t. �•�-fir•, Lm AAV IF,. fit I s ` CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 a Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION /"c. 1 $9v March 29, 2017 Arnt Koser 9509 Forest Dell Drive Edmonds, WA 98020 chris.koser@comcast.net Subject: COMPLETE APPLICATION — TREE TRIMMING PERMIT AT 1428 OLYMPIC AVENUE (PLN20170014) Dear Arnt, Thank you for submitting the required documentation and application fees for the above - referenced permit; the application is complete according to ECDC 20.02.003. The City will proceed with the public notice requirements identified in ECDC 20.03 which will include posting a small blue sign at the site, likely along the Forest Dell Drive frontage. If you have any questions, please contact me at (425) 771-0220. Sincerely, Mike Clugston, AICP Associate Planner Cc: Rita Bennett 1428 Olympic Ave. Edmonds, WA 98020 ritabennett.cra@frontier.com Attachment 6 PLN20170014 CITY OF EDMONDS NOTICE OF APPLICATION AND REQUEST FOR PUBLIC COMMENT NAME OF APPLICANT: Arnt & Chris Koser (for Rita Bennett) DATE OF APPLICATION: March 9, 2017 DATE OF COMPLETENESS: March 29, 2017 DATE OF NOTICE: April 12, 2017 FILE NO.: PLN20170014 PROJECT LOCATION: 1428 Olympic Ave., Edmonds, WA PROJECT DESCRIPTION: The Applicant is proposing to maintain several alder and maple trees at the subject site by re -topping them to a previously topped level. Since the trees are located within a critical area and were last maintained more than five years ago, a permit is required for their alteration. Because the trees are not being removed, replanting is not required. REQUESTED PERMITS: Administrative conditional use permit (Type II decision by staff) OTHER REQUIRED PERMITS: N/A REQUIRED STUDIES: Arborist report EXISTING ENVIRONMENTAL Critical area determination DOCUMENTS: COMMENTS DUE: April 27, 2017 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Development Services Department, 121 5th Ave North, Edmonds, WA 98020 between the hours of 8:00 A.M. and 4:30 P.M. Monday through Friday (8:30 — 12:00 only on Wednesdays) or online through the City's website at https://perm its.edmonds.wa.us/citizen. Search for permit PLN20170014. CITY CONTACT: Mike Clugston, Associate Planner michael.clugston@edmondswa.Rov 425-771-0220 PUBLISH: April 12, 2017 A - \ r WSW 'li Ail it4 �k_ �J -Ala 41 Sq_ DELL DR La • �ff.4 J07 E IOR P @09 49 ViJIaAY se WIS MRS 00434600008801 3/1/2017 PARENT PIERRE or RESIDENT 231 DANVILLE DR LAS GATOS, CA 95032 00434600005904 3l1/2017 MUSLAND PETER K or RESIDENT PO BOX 1509 EDMONDS, WA 98020 00434600008602 3/1/2017 PERRY KYLEENE E or RESIDENT 19311 OLYMPIC VIEW DR EDMONDS, WA 98020 00434600008803 3/112017 BENNETT RITA M or RESIDENT 1428 OLYMPIC AVE EDMONDS, WA 98020 00434600009001 3/l/2017 STAPLETON WILLIAM J or RESIDENT 1109 EXCELSIOR PL EDMONDS, WA 98020 00434600009102 CANTWELL R A or RESIDENT 1116 EXCELSIOR ST EDMONDS, WA 98020 00434600005803 3/1/2017 LANDSVERK HOWARD or RESIDENT 19518 94TH PL W EDMONDS, WA 98020 00434600008503 311/2017 MONROE ROSS J/ERIN S or RESIDENT 19303 OLYMPIC VIEW DR EDMONDS, WA 98020 00434600008604 3/112017 BUSH GRANT A & CAROLIN or RESIDENT 19315 OLYMPIC VIEW DRIVE EDMONDS, WA 98020 00434600008900 31112017 DODD DOROTHY J or RESIDENT 1420 OLYMPIC AVE EDMONDS, WA 98020 00434600009002 311/2017 DECAMP ROGER A or RESIDENT 1416 OLYMPIC AVE EDMONDS, WA 98020 3/1/2017 00531904500005 3/l/2017 TUTTLE RICHARD P or RESIDENT 1440 OLYMPIC VIEW DR EDMONDS, WA 98020 00736900000100 3/112017 WHITETHORN MARVIN & JO or RESIDENT 9515 FOREST DELL DR EDMONDS, WA 98020 27031300409400 3/l/2017 SCHLECHTE SHIRLEY or RESIDENT 1515 OLYMPIC VIEW DR EDMONDS, WA 98020 00434600009104 3/l/2017 MILLER GEORGE W & WINI or RESIDENT 1112 EXCELSIOR PL EDMONDS, WA 98020-2555 00736900000400 3/l/2017 KOSER ARNT J or RESIDENT 9509 FOREST DELL DR EDMONDS, WA 98020-2556 00736900000200 3/l/2017 KIRSHBAUM EDWARD H III or RESIDENT 9513 FOREST DELL DR EDMONDS, WA 98020 27031300411900 311/2017 ARSVOLD RAY or RESIDENT 1505 OLYMPIC VIEW DR EDMONDS, WA 98020 00434600008603 311/2017 GROUT DAVID C or RESIDENT 9531 FOREST DELL DR EDMONDS, WA 98020-2556 00531904500006 3/112017 KOCHAROV NATALIYA M & or RESIDENT 1417 OLYMPIC AVE EDMONDS, WA 98020-2557 00434600005901 3/1/2017 TUTTLE OLGA or RESIDENT 19516 94TH AVE W EDMONDS, WA 98020 00434600008601 3/l/2017 MILLER GREG J & HEATHE or RESIDENT 19309 OLYMPIC VIEW DR EDMONDS, WA 98020 00434600008605 31112017 BRANNON KEVIN / WHITTE or RESIDENT 9525 FOREST DELL DR EDMONDS, WA 98020 00434600008901 31112017 MUSLAND PETER K or RESIDENT PO BOX 1509 EDMONDS, WA 98020 00434600009101 3/l/2017 SMITH MICHAEL & SOMA or RESIDENT 1412 OLYMPIC AVE EDMONDS, WA 98020 00531904601800 3/1/2017 CARROLL DANIEL W/OLDWY or RESIDENT 1512 OLYMPIC VIEW DR EDMONDS, WA 98020 00736900000500 3/112017 WONG JOWENE/WONG YU MA or RESIDENT 9507 FOREST DELL DR EDMONDS, WA 98020 00434600006005 31112017 ANDERSON JAMES & DOROT or RESIDENT 19314 94TH AVE W EDMONDS, WA 98020-2553 00736900000300 31112017 TRUONG TO Q or RESIDENT 9511 FOREST DELL DR EDMONDS, WA 98020-2556 00425100000300 3/l/2017 DERR BARON W & RHONDA or RESIDENT 19316 OLYMPIC VIEW DR EDMONDS, WA 98020-2561 sieges aetumd }e(lul / J99e-1 ZQtOOANn 6Og Lg sAjanp se ezis awe$ 00531904000800 3/1/2017 ABRAHAMSON SCOTT & CIN or RESIDENT 1449 OLYMPIC VIEW DR EDMONDS, WA 98020-2639 00434600008502 3/1,/2017 PREVIS RANDY S & KATIE or RESIDENT 22819 WOODWAY PARK RD , WOODWAY, WA 98020-6135 00531904600100 3/112017 ORTEGA GREGG or RESIDENT 12421 123RD AVE NE LAKE STEVENS, WA 98258 00531904101100 3/112017 CARLSON TROY W or RESIDENT 1439 OLYMPIC VIEW DR EDMONDS, WA 98020-2689 00434600005806 3/112017 TAUB SYLVIA J or RESIDENT 9123 196TH ST SW EDMONDS, WA 98026-6333 00531904600200 3/1/2017 LAWRENCE MAGGIE or RESIDENT 12015 MARINE DR, APT 125 TULALIP, WA 98271 00531904500007 3/l/2017 CHANCELLOR ANN MARGARE or RESIDENT 1432 OLYMPIC VIEW DR EDMONDS, WA 98020-2690 00531904600500 3/l/2017 WESTLING TOM or RESIDENT 712 S GRANITE AVE GRANITE FALLS, WA 98252-9703 sisam aaiuijd ia(mui ijase-i ZOLOOANn- Cm OF 80MONOS NOTICE OF APPLICATION AND REQUEST FOR PUBLIC COMMENT NAME OF APPLICANT: Aml d Chris Koser (tor Rita Bennett) DATE OF APPLICATION: March 9, 2017 DATE OF COMPLETENESS: March 29. 2017 DATE OF NOTICE: AApprril 12.2017 FILE NO.: PLN20170014 PROJECT LOCATION: 1428 Olympic Ave.. Edmonds, WA PROJECT DESCRIPTION: The Applicant Is proposing to maintain several alder and maple trees at the subject site by re - lopping them to a previously topped level. Since the trees are located wilhin a critical area and were Iasi maintained more than five years ago. a permit Is (squired lot their alteration. Because the trees are not being removed, replanting is not required, REQUESTED PERMITS: Administrative condilional use permit OTHER REQUIRED PERMITS: P�eA II decision by staff) (77yyW REQUIRED STUDIES: Arborist report EXISTING ENVIRONMENTAL DOCUMENTS: Critical area determination COMMENTS DUE: April 27, 2017 Anperson has the right to comment on this application during gulic comment period, receive notice and participate In any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecislon hearing. If t or, If no open record rdd0C13Ion hearing Is provided, prior tom declal m en the pr eci Permlt. Only parties of record as dellned In ECDC 20.0 .003 have standing to Initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Development Services Department. 121 Sin Ave North, Edmonds, WA 08020 between the hours of 8:00 A.M. and 4:30 P.M. Monday through Friday (8.30 — 12:00 only an Wednesdays) or online through the Cily's wabsite at hitRs:U� 09710114. 4d91itsl.l�Cciltte0• Search for permit P 20170014. CITY CONTACT: Mite Clugsion. Associate Plannor mlehaell lonQedrnondswa.o0y 425.771.02 0 ublished: April 12, 2017. EDH752340 ,J Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH752340 PLN20170014 BENNETT as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 04/12/2017 and ending on 04/12/2017 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $72.24. Subscribed and sworn before m on this day of ` DEBRA ANN GRIGG Notary Public State of Washington My COMMISsibrY. Expires Notary Public in and for the State of October 31, 2017 Washington. x. ► �. _-- --. City or Edmonds- LEGAL ADS 114101416 DUNE CUNNINGHAM FILE NO.: PLN20170014 APPLICANT: KOSER I BENNETT DECLARATION OF MAILING NOTICE OF APPLICATION On the 12 day of April, 2017, the attached Notice of Application was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. I, Denise Nelson, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 12 day of April, 2017 at Edmonds, Washington. Signed: fBFP747887.DOC;1\00006.900000\ } File No.: PLN20170014 Applicants: Koser, Bennett DECLARATION OF POSTING On the 12th day of April, 2017, the attached Notice of Application and Comment Period was posted as prescribed by Ordinance and in any event where applicable on or near the subject property. I, Michael D. Clugston, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 12th day of April, 2017, at Edmonds, Washington. Signed: u MEMORANDUM Date: March 31, 2017 To: Mike Clugston, Associate Planner From: Jeanie McConnell, Engineering Program Manager Subject: PLN20170014 — Conditional Use — Tree Trimming Bennett —1428 Olympic Ave Engineering has reviewed the conditional use application for the Bennett property at 1428 Olympic Ave. The information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. Fruitdale Creek is within the vicinity of the project and extra care shall be taken with equipment and debris so as not to disturb the creek. It is requested that the following be included as a condition of project approval. 1) Trees trimmings shall be fell onto private property. 2) Vehicles and equipment shall be located on private property. Should it be necessary to utilize any portion of the City right-of-way, including the street or sidewalk, to perform any of this work then the contractor shall apply for and obtain a right-of-way construction permit in advance of starting work. A traffic control plan will be required as part of the right-of-way permit application. 3) Contractor/owner is responsible for keeping all debris on site and preventing any silt laden runoff from leaving the site and/or entering the creek and/or city storm system. 4) Contractor/owner shall repair/replace any damaged sections of curb/gutter, sidewalk or other public improvements in City right-of-way per City standards that is caused by or occurs during the permitted project. 5) Contractor/owner is responsible for locating all on -site utilities. The water utility purveyor for this site is the City of Edmonds. Relocation/revision/repair to any utilities may require separate permit. Thank you. City of Edmonds Attachment'T PLN20170014 CITY OF EDMONDS DAVE EARLING MAYOR CITY HALL • 121 5"" AVE N, EDMONDS, WA 98020 (425) 771-0220 • FAx (425) 771-0221 • WWW.EDMONDSWA.GOV PUBLIC WORKS & UTILITIES DEPARTMENT OPERATIONS • MAINTENANCE • ENGINEERING C . 18 9 DEVELOPMENT SERVICES DEPARTMENT PLANNING • BUILDING • CODE ENFORCEMENT PROCEDURES FOR OBTAINING PERMITTING AND APPROVAL FOR TREE REMOVAL OR TRIMMING WITHIN CITY OF EDMONDS RIGHTS -OF -WAY Pursuant to Edmonds Community Development Code (ECDC) 18.00.040, this memorandum is to clarify City of Edmonds regulations, policies, and procedures for the permit approval process and permit issuance for tree removal or trimming within City rights -of -way. These procedures shall apply to tree removal or trimming within City of Edmonds rights -of - way by any individuals or entities other than the City of Edmonds. These procedures do not apply to tree removal or trimming performed by the Public Works & Utilities Department or Parks, Recreation, & Cultural Services Department in the course of routine maintenance or repair of public -owned facilities or in emergency response to public safety situations. §1 — Permit Required. A Right -of Way Construction Permit is required for any party other than the City of Edmonds to perform any removal or trimming of trees located within City rights -of -way under any of the following conditions: ➢ Any removal or trimming of a "street tree" as defined in the City Street Tree Plan'. ➢ Any removal of a tree as defined in ECDC 18.45.040QZ. ➢ Any trimming of a tree over a height of eight feet (8') above the ground, as measured from the downslope side of the tree. ➢ Any trimming of a tree requiring or using equipment other than handheld equipment. ➢ Any trimming or removal of a tree in the City right-of-way that will result in any branches or portions of the tree exceeding six inches (6") in diameter falling within the traveled way (e.g., street, sidewalk, etc.) of the City right-of-way. ➢ Any trimming or removal of a tree exceeding six inches (6") in diameter on private property if the trees or branches will fall into the traveled way (e.g., street, sidewalk, etc.) of the City right-of-way during the tree removal or trimming process. Attachment 8 Pi PLN20170014 Procedures for Obtaining Permitting and Approval for Tree Removal or Trimming within City of Edmonds Rights -of -Way §2 — Application. Right -of -Way Construction Permits for removal or trimming of trees in City rights -of -way shall be applied for through the Public Works & Utilities Engineering Division at City Hall. Only licensed and bonded contractors authorized to represent the owners of the property abutting the City right-of-way upon which the trees are located, a utility company, or the property owners in limited circumstances3 may apply for a Right -of - Way Construction Permit for tree removal or trimming. §3 — Necessary Criteria. City of Edmonds policy governing the removal or trimming of trees is contained in City Council Resolution 418, ECDC Chapter 18.45 (Land Clearing and Tree Cutting Code), and ECDC Chapter 18.85 (Street Trees). Removal or trimming of trees located in City rights -of -way as described in §1 will be approved only if one of the following conditions is met: ➢ The tree or trees present a safety or sight distance hazard. ➢ The tree root system causes blockage of underground utility systems or damages other public or private improvements such as roadways, sidewalks, driveways, etc. ➢ The tree is damaged or diseased requiring its removal or trimming in the interests of the public health and safety. ➢ The tree has outgrown its location, is nearing the end of its healthy life, and should be replaced by a smaller, location appropriate tree. *Removal or trimming of trees located in City rights -of -way designed to enhance views from abutting properties will not be approved. §4 — Review. Applications shall be reviewed by the Public Works & Utilities Department, Development Services Department, and the Parks, Recreation, and Cultural Services Department, as appropriate, for compliance with this policy, with critical areas ordinances and land clearing permit requirements, and also for impacts on City parks and urban design planning. §5 — Tree Replanting and Replacement Schedule: Caliper4 of Tree Removed Replacement Recommendation _ 6" — 8" 1 tree 8" —12" _ 2 trees 12" —18" 3 trees 18" — 24" 4 trees 24" + 5 trees Page 2 of 3 Procedures for Obtaining Permitting and Approval For Tree Removal or Trimming within City of Edmonds Rights -of -Way ➢ Replacement species to be determined by a City staff/consulting arborist. ➢ City staff/consulting arborist to review recommended tree replacement ratio and make a final determination on appropriate replacement ratio for the site. §6 — Approval. Right -of -Way Construction Permits for removal or trimming of trees in City rights -of -way shall be issued by the Public Works & Utilities Engineering Division following successful review and certification that the permit application meets all necessary criteria. EFFECTIVE THIS 20T" DAY OF NOVEMBER, 2014 PHIL WILLIAMS PUBLIC WORKS & UTILITIES DIRECTOR NOTES: 1. Contact the Parks Maintenance Manager at 425.771.0230 to determine if the tree is officially designated as a street tree by the City. 2. Per ECDC 18.45.040Q a "tree" shall mean any living, woody plant characterized by one main stem or trunk with many branches and having a caliper of six inches (6") or greater, or a multi -stemmed trunk system with a definitely formed crown. 3. Property owners may apply directly if the work will include only trimming of branches utilizing handheld equipment and there is no risk of objects failing into the traveled way of the right-of-way. 4. Per ECDC 18.45.040A "caliper" shall mean the diameter of any tree trunk as measured at a height of four feet (4') above the ground on the upslope side of the tree. Page 3 of 3