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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 04/30/1990 KENT PLANNING COMMISSION MINUTES April 30, 1990 The meeting of the Kent Planning Commission was called to order by Vice Chair Faust at 7: 30 p.m. April 30, 1990 in the Kent City Hall, City Council Chambers. COMMISSION MEMBERS PRESENT: Tracy Faust, Vice Chair Anne Biteman Frank Chopp Willie Gregory Coleen Miller Raymond Ward PLANNING COMMISSION MEMBERS ABSENT: Linda Martinez, Chair Elmira Forner Greg Greenstreet PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Lois Ricketts, Recording Secretary CERTIFICATES OF APPOINTMENT Vice Chair Faust presented Planning Commission Certificates of Appointment to Commissioners Miller, Chopp and Gregory. APPROVAL OF PLANNING COMMISSION MINUTES OF FEBRUARY 26 , 1990 Vice Chair Faust pointed out that the name Linda Faust should be changed to Tracy Faust. Commissioner Ward MOVED that the minutes of the February 26, 1990 meeting be approved as corrected. Commissioners Miller and Gregory SECONDED the motion. Motion carried. TREE PRESERVATION REGULATIONS (ZCA 90-1) FS Fred Satterstrom presented the need for an update of the tree preservation ordinance. When trees are illegally removed during development or prior to development, they should be replaced. He expressed the need for a new purpose statement. The underlined statements are additional language to Section 15. 08 . 240 PRESERVATION OF TREES. Following is the new purpose statement: Kent Planning Commission Minutes April 30, 1990 A. Purpose Retention of significant trees as required by this section is necessary to maintain and protect property values, to enhance the visual appearance of the City, to preserve the natural wooded character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a transition between various land uses in the City. He pointed out that "seven-inch caliper" was the recommended size of trees in 1985. This has been changed to "six-inch diameter, " the current industry standard. The term "caliper" has been eliminated and replaced with the term "diameter" . B. Regulations Application of regulations for the preservation of significant trees: 1. on all undeveloped property in the City of Kent, all trees of a six (6) inch diameter or greater shall be retained on the property where they are growing. 2 . Where it is not feasible to retain all trees on site due to proposed development, a site specific Tree Plan, drawn to scale, shall be prepared. The Tree Plan shall indicate the precise location of all trees of six (6) inch diameter or greater on the site, in relation to proposed buildings, streets, parking areas, storm drainage facilities and utilities. Trees to be retained shall be protected during construction and the drip line shall be delineated with boundary markers. No grade changes or storage of materials shall be allowed within the tree drip line. Drainage patterns shall not be significantly altered that may be detrimental to the subject trees. 3 . The Tree Plan shall be submitted to the Kent Planning Department for their review prior to the issuance of a zoning or building permit. 4. The Planning Department shall review the tree plan in relation to the proposed development and make a determination of which trees will be permitted to be removed. 2 Kent Planning Commission Minutes April 30, 1990 Mr. Satterstrom felt there was a need to include flexibility in site planning. The Planning Director should be able to waive specific requirements in order to make adjustments in the siting of buildings when special trees need to be preserved. 5. The Planning Department may cause a modification of the development plan to ensure the retention of the maximum number of trees. Should the applicant elect to alter the development plan in order to preserve special trees or wooded areas in a natural state, the Planning Director may waive specific requirements to allow for flexibility and innovation of design. 6. There shall be no clear cutting of trees of six (6) inch diameter or greater on undeveloped land for the purpose of preparing that site for future development. The enforcement section contains new language which applies to trees which are illegally removed from undeveloped land. He presented the staff's amended language: C. Enforcement Illegal removal and restoration of trees 1. Trees removed illegally from undeveloped land or trees designated for retention which are damaged or destroyed shall be replaced as follows: a. One existing tree at six (6) inches diameter shall be replaced by two (2) new trees. b. For each additional three (3) inches of diameter, one new replacement tree shall be added up to a maximum of six (6) trees. c. Replacement deciduous trees shall be at least three (3) inches in diameter at time of planting, and evergreens shall be at least twelve (12) feet in height. In addition to the above amendments, the Planning Department recommends the following modifications to Definitions, Section 15. 02 of the Kent Zoning Code: Drip Line: A circle drawn at the soil line directly under the outermost branches of a tree. 3 Kent Planning Commission Minutes April 30, 1990 Tree: A tree shall mean any living woody plant characterized by one main stem or trunk and many branches, having a diameter of six (6) inches or more measured at three (3) feet from ground level. Special trees: Trees significant due to their size, age, species and variety, or historical importance. He pointed out that the copper beach tree on the Cypress Inn site was preserved at the request of the Planning Department. Undeveloped land: A parcel of land which does not have an inhabitable building and/or the inhabited buildings occupy no more than three percent of the total parcel area. Mr. Satterstrom pointed out that at the present time when staff goes out to enforce the tree regulations, the planner must return to the office, contact the Building Department, and then a Building Department representative must return to the site to red tag the area in violation. By the time the site has been cited, the land often would be stripped of vegetation. Staff needs the ability to red tag the development without coordinating with the Building Department. In order to aid the enforcement of the regulations and provide a procedure for the City to act promptly and directly with violators of the tree regulations, the Planning Department recommends the following language be added to Section 15. 09 . 100 Violations: D. Stop Work Notice Whenever any work is being done or site is being occupied contrary to the provisions of the Kent Zoning Code, the Planning Director or designated representative may order the work stopped or site be vacated by notice in writing served on any persons engaged in the doing or causing such work to be done or site to be occupied and any such persons shall forthwith stop such work or site occupation until authorized by the Planning Director or designated representative to proceed. Mr. Satterstrom noted that the terms "preferred species" and "forest protection areas" have been eliminated from this amendment. Vice Chair Faust felt that the proposed amendment was clearly stated and that the Regulations section included the flexibility that was needed. Commissioner Miller felt that even though the term "preferred species" had been eliminated, the intent had been included, and the proposed ordinance gives latitude to Planning 4 Kent Planning Commission Minutes April 30, 1990 Department to preserve special trees. Commissioner Gregory felt that the reference to the drip line was clearly stated. When asked about the Enforcement section, Mr. Harris explained that in the development of the Shires site the contractor claimed that the site was denuded of trees by mistake. At the present time there is no penalty for unauthorized tree removal. He felt that the proposed amendment would give staff authority to enforce the code. Commissioner Gregory felt that the proposed ordinance included the flexibility and enforcement needed. Mr. Chopp expressed concern that a clear distinction between developed and undeveloped property be stated. Mr. Harris responded that this amendment dealt only with trees on undeveloped land. He was especially concerned with trees on hillsides. Mr. Satterstrom pointed out that staff goes through the development review process with each developer, which includes submitting a tree plan, and superimposes the proposed development over the existing wooded area. After all the permits are in order, the cutting of trees is allowed. Vice Chair Faust commented that the language of the "Stop Work Notice" should parallel the language used in the Uniform Building Code. Discussion followed regarding the placement of definitions. The Commissioners felt that the definitions should be included under the Purpose section so that the terms that are used in those regulations would be clearer. Commissioner Ward MOVED that the Commission recommend to the City Council the staff recommended amendments regarding the Preservation of Trees. Commissioner Miller SECONDED the motion. Motion carried unanimously. Vice Chair Faust commented that the definitions should be moved to the Purpose section. Mr. Harris added that the definitions will appear in the Definition section of the ordinance. ADJOURNMENT Commissioner Ward MOVED to adjourn the meeting. Commissioner Gregory SECONDED the motion. Motion carried. The meeting was adjourned at 8 : 30 p.m. Respectfully submitted, Ja es P. Harris, Planning Director 5