RE_ Tree Removal at 12765 SW Blue Heron.msg Debbie Manning
From: Planner on Duty
Sent: Wednesday, October 27, 2021 12:04 PM
To: Sandra Burtzos; Planner on Duty
Cc: Ken Ross
Subject: RE:Tree Removal at 12765 SW Blue Heron
Hello Sandra,
I apologize for the confusion. Both the tree in the backyard and the tree in the island would need permits to be
removed.The map Lina sent you earlier this year is accurate;there are sensitive lands overlays on the property in
question as well as at the location of the median tree.This is especially true given, as you state,these are native tree
species.
I do not see any tree removal permits on file for 12765 SW Blue Heron. If you believe the property owner there is
removing trees without a permit, you can submit a formal code compliance complaint here. I've also cc'd our
compliance officer Ken Ross to this email; he will be able to assist with the complaint as well.
In the event that you need to apply to remove the island tree,you can submit a tree removal application (see form
here). Again, I greatly apologize for this confusion; it looks like there was a mix-up regarding sensitive lands on our end.
If you have any further questions, I am happy to assist.
Sincerely,
Sean Vermilya
Planner on Duty
City of Tigard I Community Development
13125 SW Hall Boulevard
Tigard, Oregon 97223
Monday-Thursday 8am-5pm
Phone: 503.718.2421
Email:Tigardplanneronduty@tigard-or.gov
From:Sandra Burtzos<sburtzos@gmail.com>
Sent: Wednesday, October 27, 202111:44 AM
To: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Cc: Nikki Tuason <nikkit@tigard-or.gov>
Subject: Re:Tree Removal
Caution! This message was sent from outside your organization.
Hello,
FYI, large native Douglas fir tree(s) at 12765 SE Blue Heron PI that I was told previously require removal permit are
coming down as I write this.
i
I'm not sure who or how else to ask if this is a permitted removal for trees that were required to be preserved as part of
the development approval process. I've received two different answers now from COT Planning staff, as per the email
strings below.
This is now the third day this week that an arborist firm has been working all day on trees in this backyard. I am unsure
how many they are removing.
Monica's VM is full, so I am unable to leave a message or contact her directly.
Thanks,
Sandra Burtzos Fathizadeh
503.816.5015
On Oct 27, 2021, at 6:24 AM, Sandra Burtzos<sburtzos@gmail.com>wrote:
Monica,
Thank you.The green areas on the map you attached all fall on the HOA owned tracts east of the private home lot lines.
However, I am confused. What was this map indicating,then,that Lina sent in March I've re-pasted in below when I was
asking for info on HOA owned trees, one of which we need to remove in our private street center island area and one of
which is not dead that that one of our owners vocalizing a minority(single) opinion, was advocating be removed? It is
titled Goal 5 Significant Habitat Areas. Lina indicated in her below email that the more yellow-ish color indicates lower
habitat value area trees that are required to be retained if native and needing a permit if one does require removal as a
Hazard Tree. In this map,the backyard trees at the lot I was inquiring about yesterday, and in many other privately
owned (i.e. non-HOA owned) and front and back yards and HOA owned areas of our development,fall in that lower
habitat value category, while a few areas on private home lots fall in the moderate habitat value area.
We are going to be proceeding with removal of the dead street island tree in a few months, so if we are required to get
that removal permitted, as it falls in the yellow-ish area on the map below,then I will submit the permit application.
However, the map you provided yesterday further below showing only a green area that you are saying is the Sensitive
Lands mapping would indicate that a permit is not required.
Please clarify which mapping applies and where removal permits are required or not.
Thanks,
Sandra Burtzos
503.816.5015
On Oct 26, 2021, at 7:17 PM, Planner on Duty<tigardplanneronduty@tigard-or.gov>wrote:
Backyard trees at 12765 SW Blue Heron would not need tree removal permits, no sensitive lands there.
There are sensitive lands back behind 12770-see image below.Those would need to be looked at.
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Thanks,
Monica Bilodeau
Associate Planner
City Of Tigard I COMMUNITY DEVELOPMENT
13125 SW Hall Boulevard
Tigard,Oregon 97223
www.tigard-or.gov
Phone j 503.718.2427
Email j MonicaB@tigard-or.gov
From:Sandra Burtzos<sburtzos@gmail.com>
Sent:Tuesday, October 26, 20211:39 PM
To: Planner on Duty<tigardplanneronduty@tigard-or.gov>
3
Cc: Nikki Tuason <nikkit@tigard-or.gov>
Subject: Re:Tree Removal
Hello,
I just left a VM for the Planner on Duty, but since I've corresponded with you in the past concerning our neighborhood's
trees, I will email as well, in case it's easier for you to respond that way .
Can you please confirm whether trees located on privately owned (non-HOA owned) lots are subject to the sensitive
lands requirements as well? There are several large existing native trees that were preserved as part of the
development that are located in private owners'yards. One owner appears to currently be having one or more large firs
removed as I write this email. (I say appears, as I cannot see the trees in question very well from my vantage point, due
to other trees blocking, but Tree Care Unlimited has now been working at the property for two full days, and it appears
at least one tree may have been completely stripped of its branches in preparation for taking it down or as a very severe
pruning.) Can you please confirm whether 12765 SW Blue Heron Place is required to have a tree removal permit for
their backyard large native trees, and if so, whether one has been obtained?
Thank you,
Sandra Burtzos
On Mon, Mar 15, 2021 at 5:22 PM Planner on Duty<tigardplanneronduty@tigard-or.gov>wrote:
Hi Sandra,
We reviewed this information with our supervisor and determined the following:
• Yes, even though the tree is located in a private street,the City still considers it to be a sensitive lands tree
because it is a native tree located in a significant habitat area (please see attached map)
o This means that City approval and a permit is required to remove this tree
• From reading the Declaration of Restrictions, Conditions and Covenants Applicable to Blue Heron Park, Article
VI, Section 4, it sounds like your HOA also has a process for reviewing tree removals
o It also states that a tree cannot be removed unless the tree dies or a certified arborist determines the
tree is a hazard
Therefore, in order to remove the tree, a certified arborist would need to be hired to conduct a hazard tree risk
assessment on the tree (since it sounds like the tree is not dead). I've attached the City's hazard tree risk assessment
form and included our definition of a "hazard tree" below.Then, if the arborist determines the tree is a hazard,you
would need to obtain both a City tree removal permit and HOA approval to remove the tree.
Please let us know if you have further questions.
Thank you,
Lina Smith
Assistant Planner
City of Tigard Planning Division
13125 SW Hall Blvd.Tigard, OR 97223
Phone: (503) 718-2421
E-mail: tigardplanneronduty@tigard-or.gov
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"Hazard tree" means any tree or tree part that has been or could be determined by an independent tree risk
assessor to constitute a high level hazard requiring hazard tree abatement with an overall minimum risk rating of 8
for trees or tree parts up to four-inch DBH,9 for trees or tree parts greater than four-inch and up to 20-inch DBH, or
10 for trees or tree parts greater than 20-inch DBH using the tree risk assessment methodology in Appendix 1 of the
Urban Forestry Manual. http://gcode.us/codes/tigard/view.php?topic=8-8 02-8 02 050&frames=on
From:Sandra Burtzos<sburtzos@gmail.com>
Sent:Thursday, March 11, 20216:01 PM
To: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Subject: Re:Tree Removal
Lina,
Sure, I'll look forward to hearing from you Monday.
Thank you,
Sandra
On Thu, Mar 11, 2021 at 4:46 PM Planner on Duty<tigardplanneronduty@tigard-or.gov>wrote:
Thank you Sandra. Could we review this information and get back to you next week? (City offices are closed on
Fridays).
Lina Smith
Assistant Planner
City of Tigard Planning Division
13125 SW Hall Blvd.Tigard, OR 97223
Phone: (503) 718-2421
E-mail: tigardplanneronduty@tigard-or.gov
From:Sandra Burtzos<sburtzos@gmail.com>
Sent:Thursday, March 11, 202112:51 PM
To: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Cc: Nikki Tuason <nikkit@tigard-or.gov>
Subject: Re:Tree Removal
HI Lina,
Thanks for your response.
Attached are the two recorded documents we have- the Declaration of Restrictions, Conditions and Covenants
Applicable to Blue Heron Park. I also attached the CC&R's,just in case those are helpful.
The tree in question is located in the private street island in Tract A(Private Street), not in the open space (Tract C) or
water quality(Tract B). Does that still make it qualify as a "sensitive lands tree"?
Thank you,
Sandra Burtzos Fathizadeh
5
On Wed, Mar 10, 2021 at 5:36 PM Planner on Duty<tigardplanneronduty@tigard-or.gov>wrote:
Hi Sandra,
Since this Western Red Cedar is a native tree located in a significant habitat area, the City would consider this to be a
sensitive lands tree, which means City approval would be required prior to its removal. Please read through Section 6
of the attached Urban Forestry Manual for our Sensitive Lands Tree Removal & Replacement Standards. Could you
also send us a copy of the "Declaration of Restrictions, Conditions and Covenants Applicable to Blue Heron Park" and
the deed restriction that's referenced in that document?That'd be helpful for city staff to see if there are additional
restrictions regarding the trees.
Thank you,
Lina Smith
Assistant Planner
City of Tigard Planning Division
13125 SW Hall Blvd.Tigard, OR 97223
Phone: (503) 718-2421
E-mail: tigardplanneronduty@tigard-or.gov
From:Sandra Burtzos<sburtzos@gmail.com>
Sent: Wednesday, March 10, 20219:24 AM
To: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Subject:Tree Removal
Hello,
Can you please look up our development, Blue Heron Park, and let me know what the requirements are, if any,for
tree removal of a large native tree, not dead, dying or dangerous, located in our private street island?
I am a landscape architect for City of Portland Parks, and live in the Blue Heron Park development on Blue Heron
Place off Walnut. I am asking the question to assist our HOA board, so they can respond to one of our newer
residents who is suggesting removing a large Western Red Cedar in an island in the middle of our private street. It
was existing prior to development, along with 4 doug firs located in another street island. The resident is claiming
the tree is a hazard, due to delivery trucks having dinged it. There was a pre-existing bark wound that likely occurred
during construction, but it healed over nicely. There may be a little more bark damage from more recent delivery
truck dinging one side.Those street islands were designed to be able to get a fire truck in,which is tight, but THPRD
did approve it and we've had conversations with Fire about this, so I do not believe this would be considered a
justified reason for tree removal. The trees in the islands also serve as traffic calming devices. I don't really think a
majority of neighbors would vote to approve removal of the tree in question, if it were to come to a vote, as the
series of trees provides a nice entry feature that I believe attracted many of us to buy here. But,we need to answer
the question, and I raised the issue of COT tree code.
To find the tree's location, if you have access to the approved development plans, it is tree#658, the one closest to
Walnut in the middle of our private street, Blue Heron Place, located in Tract A of the development. There are also
Tracts B and C that are Open Space and Water Quality that we've done a lot of native restoration work on.
I did a lot of research into several issues when the development was new and we were forming our HOA, particularly
the existing trees that were preserved. I came in to CH and read through and copied info on the process of approving
the development, conditions of approval,the appeals, etc. I spoke with several City staff, including the City Forester
at the time. We hired a certified arborist to do a tree assessment and advise us on how to best care for the existing
large trees that had been stressed by construction and to address any concerns of trees that might now make
it. Based on his recommendations,for many years, we had a landscape maint contractor do some fertilization to
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help encourage new root growth, since we know those trees lost a lot during the construction process and paving
around them. The tree in question had pre-existing bark damage that very likely happened during construction, but
it continues to look pretty vibrant to me, though I am not an arborist. But, I do work on a lot of park development
and redevelopment projects with both private certified arborists and our Urban Forestry staff, and just my unofficial
guess is this tree would be considered in "fair" to "good" condition, not dead, dying or dangerous.
The HOA board sent me this from the "Declaration of Restrictions, Conditions and Covenants Applicable to Blue
Heron Park", approved by COT Planning Division and recorded in 2002:
Article VI - Maintenance
4. NATIVE PLANTINGS . IT IS REQUIRED THAT NATIVE PLANTINGS THAT DO NOT
SURVIVE THE FIRST TWO YEARS MUST BE REPLACED AND THAT REPLACEMENT
PLANTS MUST BE MAINTAINED FOR TWO YEARS FOLLOWING REPLACEMENT. THE
CC&R'S SHALL OBLIGATE THE PRIVATE PROPERTY OWNERS WITHIN THE
SUBDIVISION TO CREATE A HOMEOWNERS ASSOCIATION TO ENSURE THAT THE
PLANTINGS ARE MAINTAINED.
ALL TREES GREATER THAN 12" IN DIAMETER SHALL NOT BE REMOVED UNLESS
THE TREE DIES OR IS HAZARDOUS ACCORDING TO A CERTIFIED ARBORIST. A
COPY OF THE DEED RESTRICTION DOCUMENT SHALL BE REVIEWED AND
APPROVED BY THE CITY PRIOR TO FINAL PLAT APPROVAL.THE HOMEOWNERS
ASSOCIATION WILL REVIEW AND APPROVE REQUESTS FOR REMOVAL OF A TREE
THAT IS 12" DIAMETER OR LARGER AFTER THE MAJORITY OF UNITS HA VE BEEN
SOLD. UNTIL THAT TIME,THE CITY SHALL REVIEW SUCH REQUESTS.
Question: Does the HOA really have the authority to remove a large native tree in our private street median
without City approval? Or are these trees in our private street islands considered "Trees That Were Required with
Development", per TMC 8.12.030, since I believe they were required to be preserved?
http://qcode.us/codes/tigard/?topic=8&frames=off
Thank you,
Sandra Burtzos
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Sandra Burtzos
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