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HomeMy WebLinkAboutCDN 2017-09-25 Item 2D - Update - Tree Regulations (TMC Chapter 18.54)City 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: September 15, 2017 SUBJECT: TMC 18.54, Tree Regulations Update ISSUE Update the Community Development and Neighborhoods Committee on the status of the 2016- 2017 DCD work program task to revise the tree regulations to implement new urban forestry Comprehensive Plan goals and policies. BACKGROUND The current current tree regulations were adopted 22 years ago in 1995, with minor Zoning Code revisions in recent years. Recognizing the sensitive nature of the policy decisions to balance environmental quality, property rights, aesthetics and natural functions, the Council developed a three-phase process to update this code, as well as the landscaping code as follows: Phase 1: Tree and Environment Advisory Committee: team of Tukwila residents, business and professional experts, and Planning Commission and City Council representatives appointed to guide development of goals and policies on the natural environment and urban forestry. Committee met from September, 2012 to May, 2013 and provided recommendations to the Planning Commission. Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the new policy direction from the Advisory Committee: Planning Commission and City Council review and adoption of the revised Natural Environment Element, June to December, 2013. Phase 3: Using the Advisory Committee process again, revise landscape and tree regulations in the Zoning Code to implement the Comprehensive Plan. The landscaping regulation changes were approved by the City Council in March, 2017. The current effort to update the tree regulations will complete work on implementing the Comprehensive Plan urban forestry goals and policies. DISCUSSION The Tree and Environment Committee is re -convening to assist with the initial review of draft changes to the tree regulations found in TMC 18.54 and to review revisions to existing definitions in the Zoning Code and proposed new terms that relate to trees and landscaping, particularly the goal establishing tree canopy percentages for all zoning districts in the City. First, no change is proposed to the size of a significant tree, which is four inches in diameter, measured at breast height (DBH) or the number of trees that can be removed from a single CL 9/15/2017 11:39 AM W:\Sharepoint\Long Range PlanningI2016-2017 Landscape & Tree Code Update\Tree Code\ Council Review \CON Memo 9-25-17 19 INFORMATIONAL MEMO Page 2 family lot, which is four (4) in a three year period. These existing provisions are proposed to be carried over to the new code. Code changes being considered; • A no -fee permit for the removal of 1-4 trees on a single family property. This will allow the City to track the number of trees removed each year to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single family residential is being met. • No tree removal on vacant lots prior to approval of a development proposal. • Removal of more than 4 trees in a 3 year period would require a permit (fee required) and an arborist's report, if necessary, and replacement either on-site or payment into the tree fund. This is the same as the current code, except for requiring an arborist: report at the Director's discretion. As part of development such as a short plat or subdivision, tree protection is required for trees that are retained. Trees that are removed must be replaced based on a sliding scale (same replacement ratio as used in the shoreline regulations, TMC 18.44). Alterations may be required to the layout of development to preserve trees on-site (this same language is found in the shoreline regulations). Exceptional trees, those over 24 -inches DBH, cannot be removed without an arborist report and a tree permit. Replacement at the appropriate ratio would be required. A Heritage Tree program is proposed to recognize trees that are exceptional in size, or have historical significance to the community etc. The property owner must agree to the designation of a Heritage Tree for a tree on their property. Similar to the landscaping code — the violations section is expanded and penalties are proposed for the removal of trees without a permit The tree replacement fund is codified and uses of funds specified. SCHEDULE Tree and Environment Advisory Committee Planning Commission City Council Re -convene late September, 2017 for 5-6 weekly meetings November— review revisions to Zoning Code definitions related to urban forestry; December— public hearing on definitions and proposed revisions to tree regulations February -March, 2018 —public hearing and deliberations on proposed code revisions FINANCIAL IMPACT No financial impact. RECOMMENDATION This memorandum is for information only. The Council review process for the code revisions will occur in the first quarter of 2018. ATTACHMENTS None CL WAISharepointIong Range Planning \2016-2017 Landscape & Tree Code Updateree C elCouncil Review \CDN Memo 9-25-17 20 9/15/2017 1 39 AM