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HomeMy WebLinkAboutPlanning 2016-11-10 Item 4 - TMC Chapter 18.52 Landscaping Code Update: Attachment F - Daryl Tapio Email with AttachmentsATTACHMENT F Carol Lumb From: Daryl Tapio <dtolympic @yahoo.com> Sent: Wednesday, August 10, 201611:05 AM To: Mayor, Tukwila City Council; Carol Lumb; Nora Gierloff Subject: Tukwila Tree Ordinance Update Attachments: Tukwila Tree Letter 031213.pdf Tukwila Mayor, City Council, and City Planners, I have been informed that Tukwila is starting a process to update the Tree and Landscaping Ordinance in the coming year. I have owned property in the city for over 20 years and have built many houses in Tukwila. I also attended the Tree Committee meetings in March 2013 which led to updating the Comprehensive Plan. Attached is a letter I prepared regarding tree policy that I sent to the city as well as many citizens in the community at that time (See attached). Tukwila prepared a Tree Canopy Report in 2012 which identified the current conditions. The assessment indicated that Tukwila property owners, who currently have control over their trees, are doing an exceptional job in maintaining a high level of tree canopy. For the residential single family neighborhood the canopy was 47 %, for multifamily 51 %, numbers much higher than other cities. People like trees and landscaping and plant them on their own without government controls. Trees also start growing on their own and thrive in this climate. Creating tree regulations which always transfer rights from the property owners to the city creates added work for the city, is highly controversial, and is not something many property owners favor. It also makes building and developing more difficult, expensive, and frustrating. There are many reasons and justifications for removing, altering, and planting landscaping and having the city and neighbors highly involved in the decision making process makes it a cumbersome process. Please keep in mind that control over a tree either lies with the the property owner or the city. There is no middle ground, one or the other has control. If a permit is required or a city planner needs to agree if a tree be removed then the city has control. Currently, property owners have control over their trees with the exception of trees within critical areas. If changes are made to the ordinance which require city approval that will be a major transfer of rights from property owners to the city. I look forward to being part of this discussion and will assist in informing other property owners on proposed changes to the tree ordinance. Sincerely, Daryl Tapio. 95 U-9 Daryl Tapio P.D. Box 69736, Seattle WA 98168, Email: dtolymplc(@yahoo.com. Phone (206)9313998 Carol Lumb and Sandra Whiting March 12, 2013 Tukwila Planning Dept. City of Tukwila 6200 Southcenter Blvd SENT VIA EMAIL Tukwila, WA 98188 CC: Tukwila City Council, Planning Commission, Mayor, and City Administrator RE: Comments on Staff Comp Plan Amendment Proposal on Urban Forestry Attn: Carol and Sandra I reviewed the Tukwila Planning Department's proposed Comp Plan Amendments that were posted on the city website for the March 13, 2013 Tree Committee meeting. I have also attended two committee meetings and listened to the audio of the last meeting. I have the following comments to share with the Committee, Staff, Mayor, Council, and Planning Commission. This will also be shared with property owners in Tukwila and throughout the region. There are two paths to choose with tree and environmental policy; paths that diverge significantly in the cost of administration, reputation for a municipality, and the outcomes for positive development and tree canopy. One path is a positive approach that involves education, organizing tree planting programs, preparing recommended tree lists and sharing best practices, and helping property owners achieve their dreams of improving their property. This path recognizes the complexity of redevelopment and the many factors that go into a property owner's decision to modify their homes or property. The other path is a negative approach that starts with the assumption that property owners make poor decisions regarding their landscaping and need to be micromanaged by the city and monitored closely by neighbors utilizing methods such as 24/7 hotlines. This involves transferring the control of trees from the property owners to the city and then requiring permits, expensive surveys /studies/reports from so- called experts, regulations, code enforcement, penalties, tree assessments, financial guarantees, covenants, maintenance agreements, and prohibiting any construction activity in large diameter areas around trees. This path involves the city being an obstacle for property owners in the effort to improve their property. According to the Canopy Report dated Dec. 2012, residential property owners in Tukwila without government regulations are currently doing an exceptional job protecting tree canopies in residential areas. For single - family property the tree canopy is 47 %, and for multi - family 51 %, numbers much higher than many other cities. This empirical data is being ignored and arbitrary goals of desired canopy targets are being proposed. Tapio Letter, Page 1 of 2 WA Daryl Tapio P.O. Box 69736, Seattle WA 98168, Email. dtolyn:picr&ahoo.com. Phone (206)931 -3998 Is the goal of this effort about trees or is it about control? This is a fundamental question that needs to be adequately discussed and answered definitively. It also should be clearly specified in the Comp Plan. If this effort is truly about trees and achieving a certain percentage of tree canopy in each zone, then the goal can be met by the second approach described above with relative ease. We are fortunate enough to live in a climate that is virtually ideal for growing trees. They grow quickly and if properly selected and planted require very little maintenance or watering. I have planted many trees in the area and some of the trees planted four years ago are now 8 to 10 feet in height. On some of my property a grove of trees appeared without planting, both coniferous and deciduous, and many grew to heights of 30 feet in 5 years. The staff proposed Comp Plan- embraces the negative approach. I have attached a copy of the Staff Comp Plan Proposal with all of the sections highlighted in yellow that could result in regulations, fees, permits, and ultimately transferring the control of trees from property owners to the city. In the meetings I have attended and listened to it is apparent that there is nobody on the committee or in the room with first -hand experience in the areas of building homes or small -site development. This is a critical piece of the puzzle that is missing. The discussion of the committee is a one -sided discussion. Without input from property owners who want to improve their property and have permitting and construction experience it is impossible to create a policy that would allow efficient redevelopment in a city that desperately needs more redevelopment. Some of the discussion at the last meeting was offensive, outrageous and truly despicable. A committee member referred to creating an enforcement policy that embraced high fines and financial penalties on property owners for cutting or pruning their own trees as follows: "HIT THEM HARD! We may not catch every one, but those that we do, MAKE THEM PAY! MAKE AN EXAMPLE!" The most telling part of this discussion was that nobody in the room countered this statement or said that they disagreed. A policy created in this environment will not result in a harmonious relationship between property owners and the city. The committee and city staff are deliberately ignoring empirical data, presenting a one -sided argument and proposing Comp Plan amendments that would lead to transferring the control over trees from the property owners to the city. There is a better policy choice that would lead to better relationships with property owners and builders and result in a better and greener city. The Mayor, Council, and management needs to provide clear direction on this issue prior to more city resource expenditures. Sincerely, Daryl Tapio Attachments: Highlighted Comp Plan Proposal, Tree Canopy Report p. 17 Tapio Letter, Page 2 of 2 The majority of High Density Residential land cover is impervious (56 %), with 33% canopy. Pervious surface represents 11 % while bare soil represents less than one percent (0.1 %) Landcover: Medium Density Residential Medium Density Residential: allows up to 14.5 dwelling units per net acre. The district is intended to provide areas for family and group residential uses, and serves as an alternative to lower density family residential housing and more intensively developed group residential housing and related uses. Slightly over half of Medium Density Residential landcover is canopy (51 %), while 35% is impervious and 14% is pervious. Bare soil represents less than one percent (0.05 %). Landcover: Low Density Residential Low Density Residential: allows a maximcan of 6.7 dwelling units per net acre. It is intended to provide low density fancily residential areas together with a full range of urbann infrastructure services in order to maintain stable residential neighborhoods and to prevent intrusions by incompatible land uses. Almost half of the landcover in the Low Density Residential zone is canopy (47 %) while 29% is pervious. Impervious land cover represents 22% and bare soil and open water represent 1% each. Bare Soil 0.1% Figure 8 — High Density Residential 0.05% Figure 9 - Medium Density Residential Figure 10 -Low Density Residential Soil ✓o pen ater .% Tukwila, WA Urban Tree Canopy Assessment 17 •. Staff Proposed Goals /Policies for Urban Forestry March 13, 2013 Meeting Proposed Urban Forestry Goals, Policies for the Natural Environment Chapter The following goals are an expansion of the existing goals and policies in Chapter 1 of the Comprehensive Plan: See Goal 1.3 and Policies 1.3.1,1.3.2; Goal 1.4 and policies 1.4.1 and 1.4.2; Goal 1.6, second bullet; Policy 1.6.4; Goal 1.7 and policy 1.7.4; Goal 1.8, policy 1.8.3 and 1.8.6; Goal 1.10, Policy 1.10.12 Goal 1: Trees are recognized by Tukwila citizens, businesses, City staff and decision- makers for their benefits to the environment (air quality, habitat, climate change), urban infrastructure (stormwater attenuation, slope stability, temperature) and their aesthetic value (economic benefits, safety /crime reduction, visual and recreational benefits, etc.) Note: a discussion of the benefits of trees will be included in a narrative section that introduces the goal, so they won't need to be in the goal itself). Policies for Goal 1: 1. Develop a formal urban forest management plan to promote and guide preservation, restoration and maintenance of a sustainable urban forest, using the goals and policies of this chapter (as a basis) for guidance. 2. Ensure that the benefits of trees are factored into site design and permit decisions. 3. Ensure that regulations recognize that larger trees provide more benefits than small trees. 4. Seek to create and fund an urban forester /municipal arborist position within the City, or contract for such services, to provide expertise for urban forest management planning, oversight of tree planting and maintenance, and assistance to all City departments that have responsibilities for tree management. 5. Educate the public, elected officials and City staff about the importance of and benefits provided by trees in Tukwila. 6. Develop tree valuation methods to reflect the value trees provide, for use in assessing fines, determining damages or estimating loss of tree benefits. 7. Identify funding sources to support urban forestry planning and management and establish an urban forestry budget and account. 8. Consider developing an "exceptional" or "heritage" tree program to foster tree appreciation in the community. 9. Encourage public involvement in urban forest stewardship through volunteer events, free training workshops, and other means. ly y s j�G J y �1�1%oa+ll /-CA- 1 " , r 07 +-e-ej 6 CA4 G�- Page 1 of 3 2/28/2013 3:55 PM W:\ \long Range Projects \Urban Forestry\Advisory Committee Materials\Agendas Memos \Meeting 7 \Staff Proposed Urban Forestry Policies 100 Staff Proposed Goals /Policies for Urban Forestry March 13, 2013 Meeting Goal 2. Tree Canopy Goal: Overall city -wide tree canopy increased to a total of 28% by 2028 by achieving the following goals for different land use categories: Industrial zones: 1 % increase to 14% cover Medium and High Residential Density zones: No net loss to maintain current 40% cover Low Density Residential: No net loss to maintain current 47% cover Office and Commercial: 1% increase to 30% cover Tukwila Urban Center and Tukwila South: 3% increase to achieve 16% cover Policies for Goal 2: 1. Promote tree retention throughout the City by: a. implementing educational programs for property owners and managers; b. exploring incentives for tree retention and planting; c. prohibiting tree removal on all undeveloped property without an approved development permit; d. protecting healthy stands or groves of trees on property proposed for development through changes in regulations, including incentives; and e. requiring financial assurances for required tree replanting and maintenance. 2. Improve retention of trees on steep slopes through modifications in regulations, ensuring the evaluation of the role that trees play in slope stability during geotechnical reviews, and by providing incentives. 3. Require in -kind replacement of trees where removal is allowed to ensure that replacement trees at maturity will have similar canopies to that of the removed tree(s), except where existing or future infrastructure impedes the planting of large trees. 4. Require protection of trees for all public and private infrastructure installation or maintenance, and require the presence of a certified arborist when working in the critical root zone. Where damage to trees is not avoidable, require replanting or payment into a tree replacement fund as compensation. 5. Require professional assessment of damaged trees and require corrective actions to restore tree health or replace trees that are not likely to survive and thrive. 6. When all required replacement trees cannot be accommodated on a site, require off -site planting of replacement trees, or payment into a dedicated tree replacement fund. 7. Identify potential tree planting locations on publicly owned properties and develop tree planting and urban forest rehabilitation programs for City parks and other publicly owned lands. Collaborate with other agencies, such as Washington Department of Transportation to promote planting in highway interchanges and other locations. 8. Collaborate with other government, non - profit organizations and private sector entities to promote urban forest management and restoration. Page 2 of 3 2/28/2013 3S5 PM W:\ \Long Range Projects \Urban Forestry\Advisory Committee Materials\Agendas Memos \Meeting 7 \Staff Proposed Urban Forestry Policies 101 Staff Proposed Goals /Policies for Urban Forestry March 13, 2013 Meeting Goal 3. Tukwila's streetscapes and landscaped areas are sustainable and attractive and its urban forest is healthy, diverse, and safe. Policies for Goal 3: 1. Encourage retention of existing healthy trees wherever possible, through regulations, incentives, and education. 2. Develop tree /urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 3. Develop maintenance plans and programs for trees on City property or rights -of -way to ensure that maintenance pruning is properly carried out, diseases and pest infestations are managed, hazardous trees are identified and managed in a timely manner to reduce risks, and invasive vegetation is managed. 4. Modify codes and educate property owners, property managers, landscape maintenance companies and tree companies to promote best practices for soil preparation, planting techniques, pruning, trenching, and general tree care. 5. Ensure that landscaping and replacement trees in new development or re- development are properly cared for and thrive in perpetuity, through such means as maintenance agreements, monitoring and enforcement. 6. Develop a mechanism to ensure that tree removal and maintenance companies have the necessary qualifications and liability insurance for work in Tukwila. Page 3 of 3 2/28/2013 3:55 PM W:\ \Long Range Projects \Urban Forestry\Advisory Committee Materials \Agendas Memos \Meeting 7\Staff Proposed Urban Forestry Policies 102