By Rob Karlinsey, City Manager
Rightfully so, many Kenmore residents were devastated to learn about the downing of a large Sequoia tree at the site of a future new housing development off of 68th Avenue earlier this month. The site developer argued that the site could not be developed as proposed and less housing units would be built if the tree remained. City staff advocated for the retention of the tree, but when push came to shove, the developer was allowed to remove the tree. Why? Because the City’s current code allows for tree replacement in lieu of tree retention. So the developer will be required to plant a lot of new trees in place of the Sequioa. But we all know that nothing can replace the grandeur, beauty, and ecological value of that giant Sequioa.
So what has the City been doing about this?
It’s very important that our residents know the City Council is doing everything they can to save our significant trees, and we are taking action to prevent such dramatic losses to our environment from happening again.
Tree retention and expanding the City’s tree canopy has been a top priority for the City Council. In early 2022, the City Council adopted new regulations protecting trees (see below), and for quite some time, the City Council has been wanting to adopt additional new regulations requiring tree retention on developable sites and preserving what we call “exceptional” trees; however, due to recent legal challenges against tree regulations in nearby cities, new tree regulations in Kenmore have been temporarily on hold pending the outcome of these challenges.
What can we do now?
Because we’re learning that these legal challenges could go on indefinitely, the City Council will consider whether to move forward with an exceptional tree ordinance at the September 11 City Council meeting. Are there risks with moving forward with such an ordinance? Perhaps, but these risks need to be weighed against the ever-increasing pressure to develop on ever-increasingly scarce developable property—and the resulting loss of tree canopy.
What about property rights and the need for more housing?
Tree retention, property rights, and increasing housing stock are not mutually exclusive. It’s not trees vs. _______ (fill in the blank). It’s Yes, trees, and ________ (fill in the blank). We can increase our housing stock and preserve the right to develop property without stripping the city of its trees. And vice versa is also true—we can retain and even expand our tree canopy while still allowing property to develop and new homes to be built. It’s about striking the right balance.
Next steps?
Under the City Council’s direction, city staff wrote a draft of the exceptional tree ordinance almost a year ago, and we’re bringing it back for the City Council to discuss on September 11. Note that adoption of the proposed ordinance will not take place on September 11. The ordinance is required to go through procedural steps, including State-level review and a “SEPA checklist.” These procedures are already underway, and the ordinance may be ready for City Council final consideration by late September or October.
What can you do to take action?
There is a Gathering for Our Trees, Sunday, August 13 at 2 pm at the Hangar on the Town Square, and there will be City Councilmembers in attendance to listen and answer questions (see the invitation below). You can also come to a City Council meeting and share your perspective on tree protection during public comments. The next regular City Council meeting will be on September 11 at 7 pm.
Let us know where you stand on this issue. You can email cityhall@kenmorewa.gov or Deputy City Clerk at mkang@kenmorewa.gov. You can also call us at 425-398-8900. In the meantime, if you see any tree cutting going on the city, don’t hesitate to call us right away. We can quickly determine whether it’s a permitted tree cutting. If it’s not legitimate, the City Council has imposed hefty fines for illegal tree cutting.
Is there any good news?
Yes. The City recently received a draft of the latest tree canopy assessment for Kenmore. The good news is that the City’s tree canopy has increased by 5% (about 200 acres) since the last assessment was completed several years ago.
Can I get a history of the City tree regulations that have been adopted in the last few years?
Yes. Here you go:
In 2015, the City Council adopted a “tree windthrow” ordinance to protect trees from being thinned out and subject to being blown over by the wind.
In 2022, the following new tree regulations were adopted by the City Council:
- Change the definition of “significant tree” so it includes smaller diameter at breast height (DBH) trees.
- Revise tree retention requirements so certain “nuisance species” (i.e., cottonwood and alder) do not receive credit for retention. This will encourage retention of preferred species that are expected to thrive long term.
- Codify the tree removal application process for existing single-family residences (code clean up item).
- Update the removal penalty language for consistency (code clean up item).
- Have tree removal permits valid for a shorter period of time so replacement trees get into the ground faster.
What tree regulations does the City Council want to adopt next?
- Establish an exceptional tree program whereby removal of exceptional trees is prohibited except under very limited and exigent circumstances. Exceptional trees shall be a list of trees native to the Puget Sound lowlands, with diameters at breast height specified for each tree. All other trees not identified on the list shall be deemed significant when their DBH reaches or exceeds 48 inches. (This ordinance will be brought forward for City Council consideration in September)
- Increase the minimum tree density requirement from 30 tree units per net buildable acre to 40 tree units per net buildable acre.
- Decrease the allowance for single-family tree removal to one per year, regardless of lot size.
- Always require replacement when significant trees are removed. Establish a fee-in-lieu of replacement when site constraints make full replacement infeasible.
- When replacing trees that have been removed, require native trees.
- Retain existing significant trees within required building setbacks (similar to the Gig Harbor policy, also recently adopted by Bellevue).
For more information on trees in Kenmore, go to https://www.kenmorewa.gov/government/departments/development-services/permits/trees
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