HomeMy WebLinkAbout4209AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 15.02
and Chapter 15.08 of the Kent City Code
pertaining to preservation of trees.
RECITALS
A. Kent City Code section 15.08.240 establishes that the
purpose of retention of trees is 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.
B. While trees and other vegetation serve vital ecological
functions when located in or near environmentally sensitive areas such as
wetlands and steep slopes, development impacts to trees and vegetation
within these areas are minimized and addressed by the regulations in Kent
City Code chapters 11.06, Critical Areas, and 11.04, Shoreline Master
Program.
C. Trees and vegetation suited to development in multifamily,
commercial and industrial zoning districts are addressed in the landscaping
requirements for perimeter and parking areas in Kent City Code chapters
15.05 and 15.07.
Y Amend KCC Tit/e I5
RE: Tree Preservation
D. Policies LU -8.1 and LU -8.4 of the 2015 Comprehensive Plan
support achievement of allowable density in single family developments
and encourage infill development through flexible and innovative site
design. Goal LU -8 is to revise development regulations to encourage
development that is more flexible and innovative.
E. Policies LU -17.2 and LU -17.7 of the 2015 Comprehensive Plan
are to conserve energy resources, improve air and water quality, minirnize
the loss of vegetation and recognize the value of trees as new
development occurs. These policies support Goal LU -17 of recognizing the
role of the natural environment in shaping a sustainable community by
contributing to health, environmental justice, and economic vitality.
F. Goal E-5 of the 2015 Economic Development Plan is to update
design standards of residential, commercial, and downtown development,
in support of the City's vision to "
Beautify Kent."
G. By specifying retention of fifteen percent of the total diameter
inches of existing significant trees, the tree preservation requirements
adopted in 2007 have yielded inconsistent results and often not achieved
the goals as intended. Few to no trees are required to be retained or
planted in development of sites having little to no forest cover. On forested
sites, trees proposed to be retained often have grown in a location and
manner that adds little value to the developed site or the neighborhood.
Such trees subsequently risk damage from wind or disease, and are often
removed by City residents for reasons of safety, utility, and aesthetics.
H. In the context of Comprehensive Plan and community goals
supporting increasing urbanization of residential areas, the value of trees
in contributing to the aes�fi�eiics, environmen a qua i y, an unc ion o
urban infrastructure systems is becoming increasingly important. Trees
Z Amend KCC Title 15
RE: Tree Preservation
planted or retained in a context -appropriate manner will add perceived and
functional value and be retained accordingly. Such trees will be more likely
tV survive to maturity and thus provide benefits to property vUluesf
neighborhood aesthetics, air and water quality, stormwater systems, and
wildlife.
I. On February 9, 2015, staff received direction from the
Economic and Community Development Committee to explore alternatives
to the City's existing tree retention standards.
J. On April 13, 2015, staff presented options for updating the
requiremenI.,
s for tree preservation ata Land Use and Planning Board
("LUPB") workshop meeting. Substituting the standards adopted in 2007
with a tree credit system based on net project acreage was selected from
several alternatives.
K. On May 9, 2016, staff presented a draft code amendment to
replace the previous requirements for tree retention with a tree credit
system, requiring a certain number of tree diameter credits per net acre of
development, to the LUPE at a workshop meeting.
L. On May 5, 2016, the City requested expedited review under
RCW 36.70A.106 from the Washington State Department of Commerce
regarding the proposed code amendment. The Washington State
Department of Commerce granted the request for expedited review on May
23, 2016.
M. The City's State Environmental Policy Act (SEPA) Responsible
Official conducted an environmental analysis of the impacts of the
June 17, 2016.
3 Amend iCCC Title 15
RE: Tree Preservation
N. On June 27, 2016, after holding a public hearing, the LUPE
made its recommendation to the City Council on the proposed code
amendments.
O. On July li, 2016, the Economic and Community Development
Committee considered the recommendations of the LUPB at its regularly
scheduled meeting, and recommended to the full City Council adoption of
the proposed code amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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SECTIOiiI I. -Amendment. Section 15.08.240 of the Kent City
Code, entitled "Preservation of trees," is hereby amended as follows:
A. Purpose. Trees have a significant role in contributing to the qualitx
of life in urban environments. The planting or rRetention of significant
trees as required by this section is necessary to maintain and protect
property values, to enhance the visual appearance of the city,_ te preserve
he natural wooded eharaeter of the area, to premete i
systems; to reduce the impacts of development on the storm drainage
system, to improve air quality, to provide habitat for wildlife4 and to
provide a transition between various land uses in the city.
4 Amend KCC Title Y5
RE; Tree Preservation
51
General res c Ions for all dis c
Except as provided for in this section�9on eN—undeveloped
property in the city, all trees of a six II inch ealipe�diameter or greater
shall be retained on the property wherethey are growing.
'7 1A/he,re it is net feasible to retain II tFee's DTT—thesite due
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RE: Tree Preservation
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C. Applicability.
The requirements of this section shall
evelopment that is not subject to a previously approved tree plan,
ncluding but not limited to subdivisions, short subdivisions, planned unit
evelopments, development of undeveleped 'and, and/or when a ehang.
-- - - - -
Ito
adeand development of existing lots.
peFFnit feF a single. family
welling, unless i=estFietiens en the rengeval ef signifleant trees en
ndividua' single family lets have been
imposed
---- through . i i i
2, Developments other than new single family or duplex
•evelopments,commercial,• or •
evelooments., are exempt from the requirements of this section.
D. e
reposed Fengeval ef signifieant trees with eaeh applieatien within the
seetie,.Tree density credits requirements. The number
of trees required for new development shall be measured in tree density
credits. Development proposals shall provide a minimum of 20 tree
density credits per net acre. Tree density credits may be achieved by
preservation of existing trees, planting of supplemental trees, or a
6 Amend KCC Title IS
RE: Tree Preservation
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C. Applicability.
The requirements of this section shall
evelopment that is not subject to a previously approved tree plan,
ncluding but not limited to subdivisions, short subdivisions, planned unit
evelopments, development of undeveleped 'and, and/or when a ehang.
-- - - - -
Ito
adeand development of existing lots.
peFFnit feF a single. family
welling, unless i=estFietiens en the rengeval ef signifleant trees en
ndividua' single family lets have been
imposed
---- through . i i i
2, Developments other than new single family or duplex
•evelopments,commercial,• or •
evelooments., are exempt from the requirements of this section.
D. e
reposed Fengeval ef signifieant trees with eaeh applieatien within the
seetie,.Tree density credits requirements. The number
of trees required for new development shall be measured in tree density
credits. Development proposals shall provide a minimum of 20 tree
density credits per net acre. Tree density credits may be achieved by
preservation of existing trees, planting of supplemental trees, or a
6 Amend KCC Title IS
RE: Tree Preservation
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C. Applicability.
The requirements of this section shall
evelopment that is not subject to a previously approved tree plan,
ncluding but not limited to subdivisions, short subdivisions, planned unit
evelopments, development of undeveleped 'and, and/or when a ehang.
-- - - - -
Ito
adeand development of existing lots.
peFFnit feF a single. family
welling, unless i=estFietiens en the rengeval ef signifleant trees en
ndividua' single family lets have been
imposed
---- through . i i i
2, Developments other than new single family or duplex
•evelopments,commercial,• or •
evelooments., are exempt from the requirements of this section.
D. e
reposed Fengeval ef signifieant trees with eaeh applieatien within the
seetie,.Tree density credits requirements. The number
of trees required for new development shall be measured in tree density
credits. Development proposals shall provide a minimum of 20 tree
density credits per net acre. Tree density credits may be achieved by
preservation of existing trees, planting of supplemental trees, or a
6 Amend KCC Title IS
RE: Tree Preservation
trees is
shown
in
Table
A.
A
tree density
calculation that results in a
is
found
in
fraction
shall be
rounded
to
the
nearest whole
number.
1. The net area to be used for tree density calculation
shall include all residential building lots, recreation space, and open space
tracts or easements not designated as critical areas. Public right-of-way,
areas of a project site required to be dedicated as public right-of-way,
critical areas and associated buffers, stormwater tracts, perimeter
landscaping areas required by city code, and vehicular access or utility
tracts shall be excluded from the area used for tree density calculation.
2. The tree credit value that corresponds with a tree`s
diameter
at
breast
height
(DBH)
is
found
in
Table
A.
Diameter
breast
height
(DBH)
of the
tree
shall
be
measured in
inches
at
the height
of four
and one-half feet above the ground.
a. Existing individual trees proposed for retention
shall be at least six inches in diameter at breast height (DBH).
b. For the purpose of fulfilling the required tree
density, the diameter inches of alder and cottonwood trees proposed for
retention shall be discounted by a factor of one-half in the tree density
calculation.
c. Where the existing trees to be retained do not
alone satisfy the tree density requirement, supplemental trees shall be
planted to achieve the required tree density. Credit value for supplem
trees is shown in Table A.
ental
7 Amend KCC Title Y5
RE: Tree Preservation
d. Supplemental trees shall be of a type and variety
that is compatible with development in the Pacific Northwest, such as
those included on the city's approved street tree list.
eI Street trees required by public works standards
shall be counted to fulfill the tree density credit requirement.
f. Supplemental trees shall be planted in the
following locations, in order of priority
i. On individual residential buildin�q lots;
ii. In private access tracts, as approved by
the public works de�artment;
iii. In on-site recreation areas as approved by
the parks and human services department.
g. Trees required to be planted around stormwater
ponds and in site perimeter tracts, pursuant to other city codes,
regulations or development standards, shall not be counted as
supplemental trees for the purpose of achieving the required tree density
credits.
8 Amend KCC Tit/e I5
RE: Tree Preservation
Table A: Tree =j 1%311: Credits
DBH
Tree
Cr i
DBH
Tree
Cr i
DBH
Tree
Credits
*2.0 - 5"
1
6 - 10"
1
24
8
38
15
12"
2
26
9
40
16
14
3
28
10
42
17
16
4
30
11
44"
18
18
5
32
12
46
19
20
6
34
13
48
20
22
—
7
-
36
—rg
14
50 or
eater
21
An evergreen tree shall be at least six feet in height at the time of
planting. See, Kent City Code 15.08.240 (I)(3).
E. � Tree retention plan. ,fin applicant for a
development permit shall submit and receive city approval of a tree
retention plan prior to permit issuance, unless modified by the economic
and community develoment director in accordance with the criteria set
forth in subsection (H) of this section. The tree retention plan shall contain
the following elements:
1. A tree inventory containing the following:
a. Size (DBH) and common genus name of trees proposed
for retention;. and
b. A formalized finding by a licensed arborist stating that
all trees proposed for retention are healthy and ra owing in a condition and
manner that is compatible with the proposed development.
9 Amend KCC Title 15
RE: Tree Preservation
Z, A site plan drawn to a verifiable engineering scale depicting
the following:
a. Accurate location of trees proposed for retention in
relationship to proposed buildings, streets, parking areas, storm drainage
facilitiesA and utilities (surveyed locations may be required);
b. Limits of disturbance (LOD) around retained trees, as
recommended by a licensed arborist to ensure the health of the trees
during and after construction;
c. Location, common genus name, and size of proposed
supplemental trees; and
d. Location of tree protection measures to be maintained
in proximity to retained trees, as recommended by a licensed arborist.
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YO Amend KCC Title Y5
RE: Tree Preservation
11 Amend KCC Title 15
RE: Tree Preservation
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11 Amend KCC Title 15
RE: Tree Preservation
F. Protection of trees during construction. Temporary fencing shall be
placed around the tree and its LOD prior to site development work, and no
construction activities may be carried out within the protected area, except
as allowed by permit, in accordance with the recommendation of a licensed
arborist.
G. Required review. The city planning services division shall review the
tree retention plan concurrently with each application for a development
ep rmit.
FIIF. Alternative tree retenttwenprovislon option. The economic and
community development director may approve a modification of the tree
provision requirements if:
a•1. The modification is consistent with the stated purpose of this
Y2 Amend KCC Titie 15
RE: Tree Preservation
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F. Protection of trees during construction. Temporary fencing shall be
placed around the tree and its LOD prior to site development work, and no
construction activities may be carried out within the protected area, except
as allowed by permit, in accordance with the recommendation of a licensed
arborist.
G. Required review. The city planning services division shall review the
tree retention plan concurrently with each application for a development
ep rmit.
FIIF. Alternative tree retenttwenprovislon option. The economic and
community development director may approve a modification of the tree
provision requirements if:
a•1. The modification is consistent with the stated purpose of this
Y2 Amend KCC Titie 15
RE: Tree Preservation
h2. The modification proposal either-:
t;�-}—incorporates the retention of other-a�vegetation
in consolidated locations which promotes the�uality and
character of the site and neighborhoodineluding use as pasture land or
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t;�-}—incorporates the retention of other-a�vegetation
in consolidated locations which promotes the�uality and
character of the site and neighborhoodineluding use as pasture land or
I6. Replacement of removed or damaged trees. Trees removed illegally
from undeveloped land or trees designated for retention which are
damaged or destroyed shall be replaced as follows:
1. One {�-existing tree with a six {-�}-inch ate,,;-�DBH shall
be replaced by two {2
} -new trees.
2. For each additional three {�}-inches of diameter at breast
height, one {-lj
-new replacement tree shall be added, up to a maximum of
six {6-
,
-trees.
3. Replacement deciduous trees shall be at least two inches +rt
mer-DBH at the time of planting. �A replacement evergreen shall be
Y3 Amend iCCC Title 15
RE: Tree Preservation
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I6. Replacement of removed or damaged trees. Trees removed illegally
from undeveloped land or trees designated for retention which are
damaged or destroyed shall be replaced as follows:
1. One {�-existing tree with a six {-�}-inch ate,,;-�DBH shall
be replaced by two {2
} -new trees.
2. For each additional three {�}-inches of diameter at breast
height, one {-lj
-new replacement tree shall be added, up to a maximum of
six {6-
,
-trees.
3. Replacement deciduous trees shall be at least two inches +rt
mer-DBH at the time of planting. �A replacement evergreen shall be
Y3 Amend iCCC Title 15
RE: Tree Preservation
SECTION 2. - Amendment. Section 15.02.333 of the Kent City
Code, entitled "Planning director," is hereby amended as follows:
Sec. 15.02.333 Planning director. Planning director means the
director of the city of Kent �-economic and community development
department or t>ethe director's authorized designee.
SECTION 3. -Amendment. Section 15.02.529 of the Kent City
Code, entitled "Tree," is hereby amended as follows:
Sec. 15.02.529 Tree. Tree means any living woody plant
characterized by one {-1)—main stem or trunk and many branches, and
having a diameter of six f&) -inches or more measured at three -f3}four and
one-half feet above ground level.
SECTION 4. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 5. -Corrections by City Clerk or Code Reviser. Upon
approvaI
of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 6. -Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
14 Amend KCC Title 15
RE: Tree Preservation
ATTEST:
SUE HANSON, INTERIM CITY CLERK
APPROVED AS TO FORM:
ATTORNEY
PASSED: day o
APPROVED: day o
PUBLISHED: day o
2016.
2016.
2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the city of Kent, Washington, and approved
by the Mayor of the city of Kent as hereon indicated.
SUE HANSON, INTERIM CITY CLERK
P:\Civil\Ordinance\15.08 R 15.02 -Tree Pre emtion.dmx
Y5 Amend KCC Title 15
RE: Tree Preservation