HomeMy WebLinkAboutPlanning 2018-01-25 Item 4 - TMC 18.54 Tree Regulations Update - Attachment E: 12/28/17 Staff Report on Land Use L17-0077 / TMC 18.06 and TMC 18.54 RevisionsCity of Tukwila
Department of Community Development - Jack Pace, Director
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared December 28, 2017
Allan Ekberg, Mayor
FILE NUMBERS: L17-0077: Revisions to TMC 18.54, Tree Code and revisions to TMC18.06,
Definitions
E17-0015: SEPA Checklist
REQUEST:
Public Hearing regarding revisions to TMC 18.06, Definitions to add urban
forestry and landscaping terminology to the City's Zoning Code and the
revision of TMC 18.54, Tree Regulations and. Based on direction from the
Planning Commission staff will revise the regulations, which will then be
forwarded to the City Council for review.
PUBLIC HEARING: January 11, 2018
LOCATION: City wide
STAFF: Carol Lumb, Senior Planner
Andrea Cummins, Environmental Specialist
ATTACHMENTS:
A. Draft TMC 18.06: Revisions to Zoning Code Definitions
B. Draft TMC 18.54: Clean Version with Advisory Committee and Planning Commission revisions
C. Comprehensive Plan Urban Forestry Goals and Policies
D. Current TMC 18.54
INTRODUCTION
The current tree regulations were adopted 22 years ago in 1995, with minor revisions to the chapter in
recent years. The landscaping regulations were adopted at the same time as the 1995 Comprehensive
Plan was adopted. The update of the tree regulations is the final phase of a three-phase process:
Phase 1: Establishment of the Tukwila Tree and Environment Advisory Committee: a team of
Tukwila residents, business and professional experts, and Planning Commission and City Council
representatives were appointed to guide development of Comprehensive Plan goals and policies on
the natural environment and urban forestry. The Committee met from September, 2012 to May,
2013 and provided recommendations to the Planning Commission on the goals and policies.
Attachment E
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
48
Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the
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: Revise landscape and tree regulations in the Zoning Code to implement the new
Comprehensive Plan goals and policies on urban forestry. The Tukwila Tree and Environment
Advisory Committee met in September and October, 2016 to review and revise draft landscaping
regulations to forward to the Planning Commission. The Planning Commission then sent revised
landscaping regulations to the City Council, which approved these regulations in March, 2017. The
Advisory Committee met again in late September, 2017 through November 1, 2017 to review
revisions to TMC 18.54, Tree Regulations, and TMC 18.06, Zoning Code Definitions and forwarded
a recommendation on these two regulations to the Planning Commission for its review.
A SEPA checklist was prepared for the update of the regulations; public notice was published in the
Seattle Times November 16, 2017. No comments were received on the checklist. A Determination of
Non -Significance was issued on December 27, 2017.
BACKGROUND
The Tukwila Planning Commission advises the Mayor and City Council on matters relating to land use,
comprehensive planning and zoning (TMC2.36.030.) Additionally, all code cities are required to adopt
development regulations that are consistent with and implement the City's Comprehensive Plan. (RCW
35A.63.105)
The Tukwila Comprehensive Plan has the following policies regarding urban forestry. Any proposed
regulation must implement and be consistent with these policies.
Goal 4.12
Trees are recognized by Tukwila citizens, business, City staff and decision -makers for their
benefits to the environment, urban infrastructure and their aesthetic value.
4.12.2: Ensure that the benefits of trees are factored into site design and permit decisions.
4.12.3: Ensure that regulations recognize that larger trees provide more benefits than
small trees.
4.12.8: Consider developing and "exceptional" or "heritage" tree program to foster tree
appreciation in the community
Goal 4.13
Overall city-wide tree canopy increased to a total of 29% by 2034. Canopy cover in individual
zoning categories increased by 2034 as listed below:
Light Industrial zones: 3% increase from 20% to achieve 23% cover
Heavy Industrial zones: 1% increase from 9% to achieve 10% cover
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Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
Tukwila Urban Center and Tukwila South: 5% increase from 13%to achieve 18% cover
Office and Commercial: 3% increase from 29 %to achieve 32% cover
Parks: 5% increase from 38% to achieve 43% cover
Public Rights -of -Way: increase canopy coverage through street tree planting. Specific
canopy goal to be established based on future assessment.
4.13.1 Promote tree retention throughout the City by:
a. implementing educational programs for property owners and managers regarding tree
selection and care, applicable regulations, selecting a qualified arborist, and other
issues;
b. except for hazard trees or trees that interfere with underground or overhead utilities,
prohibiting removal of any tree four inches or larger in diameter at breast height (dbh)
on all undeveloped property without an approved development or other land use permit,
to provide the opportunity to preserve healthy trees during development;
c. promoting the mutual goals of tree protection and urban development through the
implementation of incentive programs and flexible site development regulations,
especially to retain tree groves; and
d. requiring financial assurances for required tree replanting and maintenance.
4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger
canopies than the removed tree(s), except where existing or future infrastructure and/or public
or private utilities impede the planting of large trees.
4.13.6 Establish criteria for requiring professional assessment and corrective actions by
property owners who damage code -required landscaping, street trees, or other required
trees by topping, poor pruning practices, or root disturbance.
4.13.7 Where trees are regulated and required replacement trees cannot be accommodated
on a site, establish procedures for off-site planting of replacement trees or payment into a
dedicated tree replacement fund.
Goal 4.14
Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban
forest is healthy, diverse, and safe.
4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in
Tukwila's public spaces.
4.17.9 Work with electric utility providers to limit trimming of trees and other vegetation
to that which is necessary for the safety and maintenance of transmission lines, where
feasible and according to American National Standards Institute (ANSI) professional
arboricultural specifications and standards.
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Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
DISCUSSION OF PROPOSED CHANGES
The Tukwila Tree and Environment Advisory Committee draft tree regulations (Attachments A and B)
and draft revisions to the Zoning Code's Definitions, TMC 18.06 (Attachment C) contains proposed
changes to the City's the Zoning Code. Below is a summary of each subsection of the draft Tree
Regulations and Definitions.
The proposed draft tree regulations and changes to definitions have been annotated to provide sources of
the material and to note when the Advisory Committee or Planning Commission made changes to the
initial staff draft.
A. Proposed Revisions to TMC 18.06, Definitions
A number of new definitions are proposed to be added to the Zoning Code to incorporate terminology
that is related to urban forestry and the management of the City's tree canopy resources. Many of the
proposed revisions are annotated to provide sources for the proposed changes. Proposed new definitions
include: at -risk tree, critical root zone, diameter at breast height (DBH), dripline, exceptional tree,
heritage tree or heritage grove, invasive plant and tree list, invasive tree, nuisance tree, pruning,
qualified tree professional, risk, site disturbance, street tree, target or risk target, tree risk assessment,
tree risk assessor, tree removal, topping, viable tree and windfirm.
B. Proposed TMC 18.54, Urban Forestry and Tree Regulations:
TMC 18.54.010. Purpose: The purpose section of the chapter has been expanded to add references to
the new Comprehensive Plan goals and policies related to urban forestry, and low impact development
and to recognize the benefits that trees provide to the built environment.
TMC 18.54.020: Scope: This subsection is a carry-over from the current regulations.
TMC 18.42.030. Tree Permit Required: Revisions to this subsection anticipate a variety of Tree
Permits, depending on whether: tree removal is the objective; or work will occur in the critical root
zone; a Heritage Tree is proposed for removal or more than 20% of existing crown is proposed for
pruning; or removal is related to utility work. The subsection also identifies activities that are exempt
from the need for a Tree Permit and when an arborist's report must be submitted as part of the Tree
Permit.
TMC 18.54.040. Permit Submittal Requirements: Most of this subsection is from existing Tree Code.
Single family tree removal is proposed to be regulated differently with a Tree Inventory Survey rather
than a Tree Permit required.
TMC 18.54.050. Permit Approval Criteria, General: This subsection has been revised to provide
general guidance on the criteria for permit approval. The criteria are then spelled out in more detail in
proposed TMC 18.54.060, 18.54.070, 18.54.080 and 18.54.110.
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Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
TMC 18.54.060. Tree Retention Standards: This subsection is an expansion on the current
requirements found in TMC 18.54.130 1. The proposed revisions to this section would allow DCD to
require reasonable alterations to the arrangement of buildings, parking or other elements of proposed
development in order to retain Significant, Exceptional or Heritage non-invasive Trees. The City
currently has the ability to require this for projects within the shoreline jurisdiction. Topping of trees is
prohibited and considered removal. Protection of trees is to be a major factor in the location, design,
construction and maintenance of streets and utilities — removal or significant damage is to be mitigated.
TMC 18.54.070. Tree Protection Standards: This subsection is an expansion on the current tree
protection measures found in TMC 18.54.130 2.a. Many of the standards found in this subsection are
drawn from International Society of Arboriculture guidance on tree protection.
TMC 18.54.080. Tree Replacement Standards: This subsection is an expansion on the current tree
protection measures found in TMC 18.54.130 2.b. The method of determining the number of
replacement trees has been revised to tie replacement to tree canopy lost rather than on the diameter of
the tree at breast height.
TMC 18.54.090. Tree Relocation: The language in this subsection is relocated from current code found
in TMC 18.54.130 5.
TMC 18.54.100. Tree Replacement Fund: A new subsection has been added to codify the City's Tree
Replacement Fund, which applicants may pay into if the number of replacement trees required cannot be
accommodated on-site. This subsection provides criteria for determining how the cost of a replacement
tree is determined, and what the funds may be used for. At the request of single family property owners,
the funds may also be used to plant a street tree in the single-family district on properties improved with
a single family dwelling.
TMC 18.54.110. Performance Assurance: This subsection is an expansion of existing code on
financial security required of applicants. The distinction has been made between assurance required to
ensure tree protection during construction and financial assurance required to ensure required
replacement trees are maintained during the period in which they are becoming established on site.
TMC 18.54.120. Liability: The language in this subsection is currently located in TMC 18.54.190 —
only minor revisions have been made to recognize the proposed name of the tree permit and to correct
referenced to the code enforcement section of the City's municipal code.
TMC 18.54.130. Permit Processing and Duration: The language in this subsection is currently
located in TMC 18.54.150 — only minor revisions have been made to recognize the proposed name of
the tree permit. The duration of the tree permit has also been extended from the current 180 days to one
year for date of issuance.
TMC 18.54.140. Permit Exceptions: The language in this subsection is currently located in TMC
18.54.140 — only minor revisions have been made to the text.
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Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
TMC 18.54.150. Permit Conformance: The text in this subsection is currently found in TMC
18.54.160 A. The remaining items found in TMC 18.54.160, such as tree protection and maintenance
responsibility have been relocated to other subsections of the draft code.
TMC 18.54.160. Soil Preparation, Plant Material and Maintenance: This is a new subsection,
intended to provide guidance for applicants who must plant replacement trees on how to prepare the site,
the selection of plant material and guidance on tree maintenance and pruning The standards in this
subsection are drawn from the recently adopted Landscaping Regulations.
TMC 18.54.170. Heritage Trees and Heritage Groves: This is a new subsection, which would permit
the designation of a tree or groves of trees that have exceptional national, state or local historical
significance to the City. If a nominated tree is on private property, the property owner must consent to
the nomination and designation. The subsection also provides guidance on pruning of Heritage Trees.
TMC 18.54.180. Approved and Prohibited Trees: This is a new subsection establishing authority for
the City develop a list of trees that may be planted and a list of trees that are prohibited from planting for
required replacement trees.
TMC 18.54.190. Violations: This is a new subsection establishing regulations in the event of
violations of the Tree Code. The regulations in this subsection have been adapted from those found in
the Landscaping Chapter, TMC 18.52.110.
TMC 18.54.200. Remedial Measures: Portions of this subsection have been moved from the existing
TMC 18.54.180 Enforcement (items C -F); items A. and B. are new. Among the requirements, the
subsection directs that tree canopy lost due to tree removal shall be replaced — either on site or by
payment into the Tree Replacement Fund.
TMC 18.54.210. Enforcement: The text in this subsection is currently found in TMC 18.54.180 with
minor revisions to recognize the change in the name of the tree permit.
REQUESTED ACTION
Hold the public hearing on the proposed changes, deliberate and make a recommendation to the City
Council on revisions to TMC 18.06 and TMC 18.54.
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