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HomeMy WebLinkAboutPlanning 2017-12-14 Minutes - Work Session - Continuance of 11/16/17 Tree Regulations and Zoning Code Review City of Tukwila Planning Commission PLANNING COMMISSION WORKSESSION MINUTES Date: December 14, 2017 Time: 6:30 PM Location: Council Chambers Present: Commissioners Sharon Mann, Mike Hansen, Louise Strander, and Dennis Martinez Absent: Chair, Miguel Maestas; Vice-Chair Nhan Nguyen Staff: Nora Gierloff, Deputy Director, Carol Lumb, Senior Planner; Andrea Cummins, Urban Environmentalist, and Wynetta Bivens, Planning Commission Secretary Chair Pro Tem, Sharon Mann called the meeting to order. This work session is a continuance from the 11/16/17 work session on the proposed revisions to TMC 18.54, Tree Regulations and revisions to definitions found in TMC 18.06 related to landscaping, urban forestry and trees. Chair Pro Tem allowed comments from one citizen. Vanessa Zaputil , a citizen, said that the third bullet in the staff memo is incorrect, that what is proposed is not the same as what is currently in TMC 18.54.050, Permit Exempt Activities verbiage. She also said adding the arborist fee report cost to the permit fees will be a financial burden to the small business owners and residents. She also expressed concern with a property owner not being able to remove a tree due to cost, which she said is a safety concern. She does not want the situation where people aren’t taking out trees because financial cost and regulatory requirements are too burdensome. Commissioner Mann requested staff address the citizen’s concerns on the permit activities verbiage. Staff said the difference in the codes requirement is based on the tree size. There was further discussion. Commissioner Martinez expressed concern for long-term residents being on fixed incomes and having the financial burden to senior citizens. Commissioner Mann requested to note this as a concern. Carol Lumb , Senior Planner, and Andrea Cummins, Urban Environmentalist, Department of Community Development went over the proposed definitions and proposed tree regulations and answered questions. Page 2 Public Hearing Minutes December 14, 2017 Staff responded to the following questions raised by Commissioner Strander: Staff’ 1)What is the difference between exemptions and exception? : For an exemption – you do not have to address the tree regulations. An exception is a way of dealing with a variance. If there are some special circumstances that make it difficult or impossible to meet the requirement of the tree code this process is to state the case. 2)How is the City going to fulfill/encourage more housing for single-family and multi-family and Staff keep the tree canopy? : The code requires to the extent possible trees be retained on site. For multi-family defer to the Landscaping Code, for single-family there is no requirement. For sub-divisions, try to preserve the trees that can be incorporated into the development, otherwise there are street tree requirements for sub-divisions, and requirement for replacement in sensitive areas. Also, try to maintain some protection of the trees on the older homes that currently exist. 3)The current regulation states a person can remove four to eight trees – what if a property only Staff has eight trees and they remove them all, how does that keep the tree canopy? : it doesn’t, a property owner is allowed up to four trees in a three period. 4)How much is a tree permit, how often does it increase, and what is the enforcement for not Staff getting a tree permit? : currently $116.55, the price increases annually, enforcement consist of a courtesy letter requesting compliance and working through the process at the highest and friendliest level first. 5)Is there a plan if the tree canopy falls below 47%? Staff: Not currently. 6)Is it correct that a residential home owner can prune a tree up to 25% and other trees up to 20%, Staff and no permit is required? : Yes, it’s 25% of the canopy other than fruit trees, without a permit. 7)Which City Department is responsible for during the canopy assessment in the parks or the public right-a-way, Would the condition of the tree also be assessed? Staff: primarily DCD, partnering with the Parks n Recreation Department. The condition of the tree is a separate assessment, regarding defects or health concerns. Staff 8)What is a laurel? : An invasive species? ACTION ITEMS: - Bring back to the Commission, definition of significant tree size compared to other jurisdictions - Send information to the Commission on the comparison difference of other Cities for significant tree sizes as soon as possible. Commissioner Hansen noted that the comparison of neighboring Cities is quite important in their discussion and, said he was disappointed that the Commission didn’t have the information for this discussion. - Bring back to the Commission, documentation on Tree maintenance in the public right-a-way (page 110) - Provide a chart on significant trees 4” versus 6” -Provide more information from the City Attorney on Injunctive relief Page 3 Public Hearing Minutes December 14, 2017 REVISIONS: -Page 96, nuisance trees – add underground utilities. -Page 97 – send significant tree size chart as soon as possible -Page 103, D. change wording to match chart on page 104– no arborist report for trees greater than 18” -Page 106 clean up verbiage, paragraph D, nuisance tree. -Page 108, if tree is damaged by an act of nature, it is not required to be replaced (see page 110 18.54.110 C. for language) -Page 110, D. top of page, need more information about liability -Page 118, Injunctive Relief – “threatening to violate” – need information about this phrase. DIRECTOR’S REPORT : -Commissioner Nguyen will be the chair for 2018, and Commissioner Martinez, Vice-Chair. -Heidi Watters the new Planning Commissioner will go to City Council for confirmation on January 2, 2018. -Overview of the 2018 Planning Commission schedule. Staff asked how they could help the Commission the process to go smoothly next in 2018. PC Responses: - Provide packets with completed work on the project before coming to PC. - Have representatives from the Police or Fire department present when Variances, parking, or set-backs are being considered. - Commitment for enforcement regarding the decisions PC make. - Better outreach to citizens regarding projects in their neighborhood. - Staff gave an overview of the upcoming schedule of items to come to PC. - Staff thanked the Commission for all their work in 2017. Adjourned: 9:15 PM Submitted by: Wynetta Bivens Planning Commission Secretary Adopted: 1/25/18