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HomeMy WebLinkAboutCDN 2018-02-27 Item 2C - Ordinances - TMC 18.06 Definitions / TMC 18.54 Tree RegulationsCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Nora Gierloff, Deputy Director, Department of Community Development BY: Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: February 21, 2018 SUBJECT: Itol_ate of TMC 18.06. Definitions and TMC 18.54, Tree Regulations ISSUE Additional revisions to the draft tree regulations under consideration by the Committee and contained in the binder provided to Committee members. BACKGROUND The Community Development and Neighborhoods Committee began its review of revisions to urban forestry and landscaping definitions, found in TMC 18.06, and revisions to TMC 18.54, Tree Regulations, at its meeting on February 13, 2018. Staff continued to review the materials that were provided to the Committee and has identified several additional changes/corrections and a new Whereas clause that are needed. DISCUSSION Staff is recommending the following additional changes to the draft tree regulations, or the Whereas clauses as follows below. An explanation is provided after the proposed change. I. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees within the City of Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay.;" Chapter 18.45;.. "E,n ;, m,Ffall Sensitive -Areas,,, and Chapter 18.52, "Landscape Requirements." Related to the above revision, the following new Whereas clause is recommended: WHEREAS, this chapter is intended to apply to the sensitive areas otherwise regulated by TMC chapter 18.45 until such time as the sensitive area regulations are amended to explicitly provide for tree protection in sensitive areas within that chapter; and Staff comments: We expected that there would be revisions forwarded to the Council adding specific tree regulations to the Sensitive Area Ordinance, found in TMC 18.45, close to when the Council would be considering changes to the City's overall tree regulations. As a result, the draft tree regulations, as proposed, did not apply to Environmentally Sensitive Areas. Unfortunately, the changes to the environmental regulations are not ready for Council review, so it is necessary to have TMC 18.54 continue to apply to sensitive areas until such time as the environmental regulations are updated. The proposed change noted above also requires the addition of a new Whereas clause that acknowledges that TMC 18.54 will continue to apply to sensitive areas until such time as the SAO is updated to include explicit tree protection regulations. CL 2/21/2018 10:18 AM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelTree CodelCouncil Review\CDN Info Memo 2-27-18 Mtg. 27 INFORMATIONAL MEMO February 21, 2018 Page 2 We are also requesting to strike the reference to TMC Chapter 18.52, Landscaping, as that chapter requires applicants who are retaining significant trees on-site to utilize the tree protection standards found in TMC 18.54. II. TMC 18 54.030Q - afifi Term -tofession, . Repo#,..— A1;-T7ee-Pecmits malt -req ++ C alif+ed TreeRrefess; ert_...amess-tither o+se-••-stated--ie--th4&-chapter... alified Tree R-rofessieRal .repeat.-.-Fequiredhe _.pe ted removal -of -trees, sthar •4han F4eFitge Tr- ee> seri.... l t zened 1.ey.t_DenSi es ...e }tiai-an4-i-n}t'� r-oved.-with a single- family awaiting,1 Staff Comments: In reviewing the "Permit Required" section, we determined that the guidance on when a Qualified Tree Professional Report is needed should be located in the Permit Submittal Requirements section, TMC 18.54.040, rather than where it is currently located in the draft regulations. Staff recommends deleting TMC 18.54.030 D. and inserting similar language in TMC 18.54.040 A., as identified below. III. TMC 18.54.040 A. 3. Professional review or recommendation. In cedai ireumstanees;wwwwthe Direeter....y require pre-feasie al -mew or -recommendation prcpar-ed..by-aa--Quatified Treem l°rcfessional address ollowi= g: All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter, or when the Director determines that tree clearing, site clearing or work within the CRZ may result in adverse impacts requiring remedial measures. A Qualified Tree Professional report is not required for the permitted removal of trees. other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. Third party review of the report or recommendation may be required. The report or recommendation shall address the following:, a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on-site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the proposed regulations and pass them on to the Committee of the Whole for a public hearing. ATTACHMENTS No new Attachments. Please bring the binders provided for the February 13, 2018 meeting. CL 2/21/2018 10:18 AM 28 W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review\CDN Info Memo 2-27-18 Mtg.