HomeMy WebLinkAboutPlanning 2018-01-11 ITEM 4 - TMC 18.54 TREE REGULATIONS UPDATE - STAFF REPORTCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila Planning Commission
FROM: Carol Lumb, Senior Planner
Andrea Cummins, Urban Environmentalist
DATE: December 28, 2017
SUBJECT: January 11, 2018 Public Hearing on TMC 18.54, Tree Regulations and
TMC 18.06, Definitions
On January 11, 2018, the Planning Commission will hold a public hearing on revisions
to the City's tree regulations, found in TMC 18.54, and Zoning Code definitions found in
TMC 18.06.
The following changes have been made to the draft regulations, based on Planning
Commission direction to -date (these changes are also highlighted in yellow in the draft
regulations):
1. TMC 18.06 Definitions:
• Nuisance Tree definition has been revised to add "underground utilities".
2. TMC 18.54, Tree Regulations:
a. 18.54.020 D. "Exceptional Tree" deleted from requirement to provide an
arborist's report.
b. 18.54.040 A. spell out "CRZ": Critical Root Zone.
c. 18.54.040 Table A — Arborist report not required for trees 18 inches or
greater in diameter within a 36 -month period.
d. 18.54.060 D. The Planning Commission requested that the language of the
first sentence be revised. Staff suggests the following:
If the number of trees to be removed exceeds the permitted amount in a 36 -
month period on a property zoned Low Density Residential and improved with
a single-family dwelling, those trees shall be replaced based on the
replacement requirements set forth in TMC 18.54.080 and Table B.
e. 18.54.080 B. new last sentence exempts trees damaged or destroyed due to
a natural disaster from replacement.
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Informational Memo
Planning Commission
1-11-18 Pubic Hearing
Page 2
18.54.100 D. The Planning Commission expressed concerns about possible
liability from trees planted in the right-of-way. Staff has requested guidance
from the City Attorney and Public Works on this issue.
g. 18.54.210 B. The Planning Commission requested clarification about
requesting injunctive relief on the basis on someone threatening to violate the
tree regulations. Staff has researched the question and has the following
information:
Typically, a request for injunctive relief must be authorized by the City
Council, which can be time consuming as an item must be scheduled on the
Council's meeting calendar. The language in this subsection would permit
the Director of the Department to initiate legal proceedings in the event of an
emergency, which would save time. This language is in the current TMC
18.54 and is proposed to carry forward into the draft going to the City Council.
Attachment F is a memo from Assistant City Attorney Ann Marie Soto responding to
questions about liability and Attachment G is information from Robin Tischmak, Acting
Public Works Director, and City Engineer, regarding trees in the right-of-way and also
requesting two changes to the draft tree regulations. DCD staff are in agreement with
the requested changes from Public Works to the draft tree regulations.
RECOMMENDATION
Conduct the public hearing on the proposed revisions to TMC 18.06 and TMC 18.54,
deliberate and make a recommendation to the City Council.
ATTACHMENTS
A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing
staff proposed changes, Advisory Committee and Planning Commission
revisions.
B. Draft revisions to TMC 18.54, Tree Regulations, with the staff proposed changes
accepted, Advisory Committee and Planning Commission revisions shown in
strikeout/underline.
C. Comprehensive Plan Urban Forestry Goals and Policies.
D. Current TMC 18.54.
E. Staff Report on land use file L17-0077, Revisions to TMC 18.06 and TMC 18.54
F. Memo from Ann Marie Soto, Assistant City Attorney
G. Email from Robin Tischmak, Acting Public Works Director
H. Significant Tree Comparison Chart.
CL 1/4/2018 2:50 PM
11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Draft Tree Code\Planning Commission\PC Info Memo 12-28-17