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HomeMy WebLinkAboutPlanning 2018-01-25 Item 4 - TMC 18.54 Tree Regulations Update - Attachment J: 1/10/18 Email from the ZaputilsCarol Lumb From: G Zap <zzzapspeed@hotmail.com> Sent: Wednesday, January 10, 2018 8:17 PM To: Carol Lumb Subject: Re: Public Hearing on Revisions to Tree Regulations Attachments: Tukwila Tree Code Proposal 1-10-18 Zaputil Letter.docx Please find attached our comments to be added to the record for the 1/11/18 Tukwila Planning Commission Meeting. Sincerely, Greg & Vanessa Zaputil From: Carol Lumb <Carol.Lumb@TukwilaWA.gov> Sent: Friday, January 5, 2018 9:56 AM To: Andy Padvorac; bmarie2@earthlink.net; Dana Ramsey; Daryl Tapio; David Bayard; David Mutchler; Eli Brocker; Glen Allen; Greg Allwine, AIA; Heather McLeland-Wiser; Heidi Narte; Hung van Pham; jeff.beckwith@pse.com; John Rucker; Kathy Graff; Kelli Turner (greenrosel0@msn.com); Kerrt Kriner; 'Liliana Cardenas'; meayotte@comcast.net; Nathan Elliott; Paula Williams; pslinder@comcast.net; Rev. Alien Mosley; Roger; Sunny Mulholland; Thelma Gustafson; Vanessa Zaputil; Vicki Lockwood; Wayne Werle Subject: Public Hearing on Revisions to Tree Regulations Dear Interested Party, Materials for the Tukwila Planning Commission's public hearing on proposed revisions to the City's tree regulations and Zoning Code definitions have been posted on the City's web site here: http://records.tukwilawa.gov/WebLink/l/fol/300177/Rowl. aspx. The public hearing will begin at 6:30 p.m. in the Tukwila City Council chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. If you want to comment, but cannot attend the hearing, you may send comments to me at the address below by 5:00 p.m., January 11, 2018. Please let me know if you have any questions. Sincerely, Carol Lumb Caroliumb, MCP, Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, 1N.4 98188 206-431-3661 1 62 Greg & Vanessa Zaputil 15171 52nd Ave. S. #5 Tukwila, 98188 (206) 242-9945 01/10/18 City of Tukwila Planning Commission 6300 Southcenter Blvd. Tukwila, WA 98188 After reviewing the 12/14/ 17 Planning Commission Work Session recording, staff did not accurately represent current TMC code with respect to tree removal permit exemptions. TMC 18.54.050 is very clearly written. This is a Major Change to TMC 18.54. Currently, under this chapter, Tukwila only_requires permits for tree removal in sensitive areas. Non -sensitive areas are exempt. Under the new proposal all trees in Tukwila will be regulated. Current Code and Tree Removal Permit (highlighted for emphasis): 1 .- Tempt Activr :we exempt i'E`.!ff1 :• :t Tree Clearing f 1 Cfeattng at any vegetation UN a .J S tt e site o which ming isi to ,accur is located in a sensitive area, sensitive a buffer. al shoreline zone. 2_ On sites 'watt ein a 8§tasitilm swot,. of sen ive at , buffer, or sltoret,ne ;forte: a mar$ a__; c• yap to 4 ' to,olfrant trees on s" the I% tf. cft i r er i..... __ , I>1%` - s::' ;?r5 and f• ._., ! t t r::!,' acid easements Ord. 1'758 §1 wart), 1995) 63 CITY OF TUKJULA Department of Community Development 6300Solitficeci e]' IBoo:evay'c7; T!2 c0a, T:4 98:58 Telephone: (_'06 431-3670 FAX. 206) 431-366? TREE REMOVAL AND LANDSCAPE AIODIFIC ATION PERMIT INFORMATION Tukwtla's 'Tree Rezulations (TMC.' 1S. -1'i reguMtc the clear ng of trees :tnd 11Thierstcry vegetation w Cilvtronime ttatly sensitive areas i:‘vctlands, cvatercourses. and steep slopes. including their buffers). The City's Sensitive Areas Regulations also regulate vegetation removal within sensitive areas and their buffers. Generally. when significant (4 inches or snore in diameter trees are removed from sensitive areas, tree replacement Ia required. This permit should be used Ior tree removal in sen itive areas, when it sloes not involve significant vegetation clearing, i.e., when one or tWo trees are being removed. Trees must be replaced according to the replacement ratios established in die Tree Regulations (ansa presented below). Tree; to be removed must be identified as to species and diameter at 4 feet above the ground (Ciba). A plan must be submitted detailing the number of replacement trees recluoedd_ the proposed speeics and the proposed locations. Removal of trees thatt arc hazardous do not require a tree removal permit_ but the propc: tv owner 1111181 be able to document that the tree is hazardous ` (dare hazard is not otic Mils. :a risk assessment by a certified tree risk assessor- niay be required. and it in a wetland or water OOilrse or their buffer. replanting is required Replacement tress 111 wetlands. watercourses and their buffers must be :species native to the Pit_<_et `inundlr.=ion and appropriate for t-11. site (taking_ into account shade, moisture. and space requirements. New Impacts of concern: 1. Single family home property owners will now be required to buy a permit for all trees larger than 8" in both sensitive areas and non -sensitive areas. –Typically trees being removed fall into this size category. 2. All non single family home property owners will have to buy permits and arborist reports for all tree removal greater than 4"– in both sensitive areas and non -sensitive areas. This has a regressive impact on small businesses. Further Concerns/Questions (Under proposal) 1. 18.54.040 (B) (5)— identify contractor – what if property owner wants to remove themselves? (Example removing a 4"tree- rights and liability should be that of the property owner.) 2. 18.54.040 (B) Table A- removal of a tree greater than 8" for a single family home requires a Permit, but does not require an arborist report. However, Tree Removal Permit application itself is burdensome and will most likely require a landscape architect, (Site Plan required, Landscape Plan required, and specifies a professional (arborist) recommendation/ report) – 18.54.040 (A) 1,2&3 3. No provision or accommodation based on lot size. Small, zero lot line, single family home property can remove up to 4 trees, and the same for a Targe 1 acre single family home property- Not equitable. 4. 18.54.160 (C) (1) Tree Maintenance and Pruning "...all pruning must be done in accordance with ...ANSI 300- A specification, as it now reads and as it is hereafter amended..."- Likelihood of compliance for homeowners and small businesses/ small landscapers will be very low. 5. Can a tree removal permit application be denied for a healthy tree that an owner simply wants removed? Not a required landscape plan tree, but for example, a property owner wanting to change personal or business preferences for landscape, or wants a less nuisance tree- pitch over driveways, allergic to pollen, etc. We respectfully request that the above concerns be mitigated and any new regulations be implemented for new development and all existing developed properties grandfathered, with an educational focus. Greg & Vanessa Zaputil Party of Record 64