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HomeMy WebLinkAbout09-21-2021 - Agenda Packet MEDINA, WASHINGTON JOINT CITY COUNCIL AND PLANNING COMMISSION SPECIAL MEETING Virtual/Online Tuesday, September 21, 2021 – 4:00 PM AGENDA MAYOR | Jessica Rossman DEPUTY MAYOR | Cythnia F. Adkins COUNCIL MEMBERS | Roger Frey, Jennifer Garone, Harini Gokul, Alex Morcos, Bob Zook CITY MANAGER | Michael Sauerwein CITY ATTORNEY | Scott Missall CITY CLERK | Aimee Kellerman COMMISSION CHAIR | Laurel Preston COMMISSION VICE-CHAIR | Shawn Schubring COMMISSIONERS | Laura Bustamante, David Langworthy, Mark Nelson, Mike Raskin, Randy Reeves PLANNING MANAGER | Stephanie Keyser Virtual Meeting Participation With the passage of the City’s Proclamation of Local Emergency, City Hall is closed to the public. Council and Planning Commission participation in this meeting will be by teleconference/online only. Members of the public may also participate by phone/online. Individuals wishing to speak live during the Virtual Joint City Council and Planning Commission meeting will need to register their request with the City Clerk at 425.233.6411 or email akellerman@medina-wa.gov and leave a message before 2PM on the day of the September 21 Joint City Council and Planning Commission meeting. Please reference Public Comments for September 21 Joint City Council and Planning Commission Meeting on your correspondence. The City Clerk will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you reach the 3 minute limit. Joint Microsoft Teams Meeting +1 360-302-2562United States, Seattle (Toll) Conference ID: 843 614 033# Council may take action at this meeting. 1. SPECIAL MEETING - CALL TO ORDER / ROLL CALL Council Members Adkins, Frey, Garone, Gokul, Morcos, Rossman and Zook Planning Commissioners Members Bustamante, Langworthy, Nelson, Preston, Raskin, Reeves and Schubring 1 2. SPECIAL MEETING TOPIC(S) 2.1 Tree Code Retention and Replacement Proposal Recommendation: N/A Contact(s): Stephanie Keyser, Planning Manager Time Estimate: 90 minutes 2.2 Comp Plan 101 Recommendation: N/A Staff Contact(s): Stephanie Keyser, Planning Manager Time Estimate: 15 minutes 2.3 2021-2022 Proposed Planning Commission Work Plan Recommendation: Approve Contact(s): Stephanie Keyser, Planning Manager Time Estimate: 15 minutes 3. ADJOURNMENT CERTIFICATION OF POSTING AGENDA The agenda for the Tuesday, September 21, 2021 Special Meeting of the Joint City Council and Planning Commission was posted and available for review on Friday, September 17, 2021 at City Hall of the City of Medina, 501 Evergreen Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina-wa.gov. 2 MEDINA, WASHINGTON AGENDA BILL Tuesday, September 21, 2021 Subject: Tree Code Retention and Replacement Proposal Category: Discussion Staff Contact(s): Stephanie Keyser, Planning Manager Summary At the September 2020 joint meeting, City Council placed a review of the tree code on Planning Commission’s work plan. Wanting to keep the scope of the discussion narrow to ensure the code amendments could be adopted by the end of 2021, Council requested a review of the tree retention and replacement requirements for new single-family construction (MMC 20.52.110) and the minimum performance standards for land under development (MMC 20.52.130). The result of many months of hard work and thoughtful discussions is attached. A redlined draft as well as a clean copy are included as well as the tree permit date from 2015 to the present. Attachment(s) 1. Staff Memo 2. Tree Code Draft (redlined) 3. Tree Code Draft (clean) 4. Tree Permit Data 2015 - present 5. City of Medina’s List of Suitable Tree Species 6. Tree Activity Permit – 2019 79th Ave NE 7. Detailed Lot Analysis 8. Guide to Tree Appraisals Budget/Fiscal Impact: N/A Recommendation: N/A City Manager Approval: N/A Proposed Council Motion: N/A Time Estimate: 90 minutes 3 AGENDA ITEM 2.1 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: September 21, 2021 TO: Medina City Council and Planning Commission FROM: Stephanie Keyser, AICP, Planning Manager RE: Tree Code Retention and Replacement Proposal This memorandum is the product of months of thoughtful discussions and thorough analysis done by the Planning Commission. The discussion in this packet will hopefully provide a roadmap of reasoning as to why certain decisions were made, culminating in the proposed tree code amendment (Attachment A). The goal of these amendments is to preserve the wooded environment that Medina residents have come to know and love while balancing property owners’ rights to redevelop their land. Included in this packet is a redlined version of the proposed code (Attachment A), a clean version with all proposed changes accepted (Attachment B), the raw tree permit data from 2015 to the present (Attachment C), City of Medina’s List of Suitable Tree Species (Attachment D), the tree activity permit from 2019 79th Ave NE which is the property that ignited this reinvestigation into the tree code (Attachment E), a detailed analysis of six lots using the proposed code (Attachment F), and Purdue University’s guide to appraising trees (Attachment G). When reading the redlined draft code, the language that is currently in the code but has been moved to a new section is underlined, while completely new language is red and underlined. BACKGROUND In 2020, a handful of redevelopment projects caused a visceral reaction from the community. These redevelopments appeared to be able to cut down a significant number of trees which gave the land a stark, clear-cut appearance. The city is unable to mandate or enforce anything beyond what the code provides. A review of the tree activity permits for these properties revealed that they did meet the requirements of the code. This information illuminated the fact that the tree code, which was last updated in 2015, was not working as originally intended. During the September 2020 joint meeting, Council placed a review of the tree code on Planning Commission’s work plan with a deadline to adopt an amendment by the end of 2021. To ensure Planning Commission met this deadline, the scope of the work plan item was narrowed to looking at the tree retention and replacement requirements for new single-family construction (MMC 20.52.110) and the minimum performance standards for land under development (MMC 20.52.130). The actual work plan task is presented below: 4 AGENDA ITEM 2.1 Review tree retention and replacement requirements for new single-family construction Description Medina’s sylvan nature is something that distinguishes it from the surrounding jurisdictions and contributes to its high-quality residential character. Recent projects have demonstrated a deficiency in the tree code regarding new construction. This task would only review the sections of the tree code that relate to new single-family site redevelopment. Requests to Staff The first step will be to examine the retention and replacement requirements for lots undergoing redevelopment. Deliverable The initial deliverable from PC to CC would be a high-level recommendation regarding changes to the retention and replacement requirement in the tree code for new single-family development (MMC 20.52.110) and/or the minimum performance standards for land under development (MMC 20.52.130). TREE ACTIVITY PERMITS AND EXISTING CODE ANALYSIS The first step to any code amendment is an analysis of the existing conditions. For this work plan task, the existing conditions are determined by two components: 1) the tree permits that have been approved since the most recent tree code amendment in 2015 and 2) a review of the current tree code. While there are multiple types of tree permits, only the permit associated with land under development was reviewed; this type of permit is called tree activity permit. Tree Activity Permits 2015 – Present Medina’s tree code has different requirements for land that is under development and land that is not. For this work plan item, Planning Commission was direct to only look at the section of the code that regulate land under development, or new construction. The most recent tree code amendment went into effect on July 31, 2015. The first tree permits to be vested under the new code were submitted in August of that year. Staff reviewed the records that are available and analyzed 110 approved tree activity permits associated with land under development (Attachment C). This does not include tree activity permits that were submitted for non-residential uses such as the Overlake Golf and Country Club or the St. Thomas School, permits that were missing data, or permits still under review. To understand the data, one must first be aware that Medina’s code converts trees into tree units. Only a significant tree, which is a tree with at least 6-inch DBH and is a species identified on the City of Medina List of Suitable Tree Species (Attachment D), is assigned a tree unit. The tree unit number is based upon the size of the tree in diameter breast height (DBH) and the type of tree (deciduous vs. coniferous) it is. The current code’s tree unit table is below: 5 AGENDA ITEM 2.1 To gain a clearer picture of what is happening, Attachment C includes not just the tree units, which are the existing trees converted according to Table 20.52.130(C), but also the number of actual trees. The 110 tree activity permits span August 2015 until July 21, 2021. Those permits were comprised of 2,146 tree units, or 2,290 total trees on site. There were 785 tree units (839 actual trees) removed for a net 1,361 tree units (1,451 actual trees). Of the 110 tree activity permits, 44 of them (40%) were required to plant supplemental trees which resulted in 116 supplemental tree units (209 actual trees). It should be noted that the reason for the large discrepancy between the required supplemental tree units and actual trees planted is that some projects planted significantly more trees than were required. The redevelopment of these lots resulted in a decrease of 31.17% in tree units (27.52% reduction of actual trees on site). Existing Tree Code Analysis The existing tree code analysis began with a review of the sections that were called out the in the work plan item: tree retention requirements (MMC 20.52.110) and the minimum performance standards for land under development (MMC 20.52.130). As the discussions evolved, it became clear that a comprehensive analysis could not be done without considering the legacy tree section (MMC 20.52.120). Additionally, the lack of guidance in the code over where trees should be preserved or replanted and whether larger lots should have location requirements rounded out the review. Tree Retention and Minimum Performance Standard In the existing code, the two main sections that regulate tree activity for land under development are the tree retention requirements (MMC 20.52.110) and the minimum performance standards (MMC 20.52.130). One of the first things that became evident is that there is a conflict between these two sections. The retention section gives applicants a choice on the percentage of trees that they are required to retain on site when their land is under development. The percentages range from 50, 40, 35 and 25 and which option is utilized is dependent on the DBH of the existing trees on site. The minimum performance standards look at the square footage of the entire site, converts the existing trees into tree units, and sets a minimum tree density ratio for the lot at .35 (for example, a 10,000 square foot lot would be required to have a minimum of 3.5 tree units on site – 6 AGENDA ITEM 2.1 10,000/1,000 = 10 * .35 = 3.5). However, there is a clause in the retention portion of the code that reads, the requirement for tree retention…shall not exceed the trees necessary to meet the required tree units set forth in MMC 20.52.130 (MMC 20.52.110(C)). This means that regardless of whatever percentage option a homeowner elects to utilize, they will never be required to keep more trees on their property than the tree units required by the tree density ratio. While the current tree retention requirement section has good intentions, the inclusion of this clause effectively negates the entire section and simply steers people toward the actual guiding framework for tree preservation in the code which is the density ratio. Location While the intent of the tree code might be to retain trees, there is no further guidance or example of what or where that means. This is, in staff’s opinion, a fatal flaw when writing any code. This resulting ambiguity was no more perfectly exemplified than with the approval of the tree activity permit for 2019 79th Avenue NE (Attachment E). The owners met the requirements of the code but because the code is silent on where trees should be retained, they opted to only keep those along the back perimeter of their property. While reviewing the tree codes of other jurisdictions1, many of them have created priorities on where trees should be retained. Areas such as critical areas and their buffers, low impact development (LID) stormwater retention facilities, and site perimeters are commonly prioritized areas. Legacy Trees Legacy trees are supposed to be those trees that, due to their size, are collectively recognized as contributing to the character of the community. Concern was raised by the Planning Commission that the code fails to disincentivize the removal of these trees by requiring three supplemental trees to be planted and paying $400 for each replacement inch not accounted for in the planting of replacement trees. If a property removed a 50-inch DBH legacy tree and planted three 2-inch replacement trees, they would be required to pay $17,600 (50-inches removed, three 2-inch replacements trees = 6 replacement inches, 50 – 6 = 44 x 400 = 17,600). For a multi-million dollar project, paying $17,600 to get a better view or have a larger driveway is clearly not going to be an issue. Another consideration for legacy trees that was discussed was perhaps the threshold for what qualifies as a legacy is too large at 50-inch DBH. If trees are as valuable as the community says they are, then perhaps more trees should be protected under that umbrella of legacy status. Large Lot Considerations It is difficult to analyze any portion of Medina’s development code without calling out the disparity amongst lot sizes. It is not surprising that larger lots (anything 20,000 square feet or larger) statistically have more trees than smaller lots. Nor should it be surprising that these lots are then able to cut down more trees. While no one wants to penalize a property owner that just happens to own a heavily wooded lot, it might make sense for them to have additional considerations. For example, requiring that trees be preserved in different areas of the lot and not just along a back 1 Bellevue, Mercer Island, and Sammamish all have location requirements depending on the type of activity associated with development. 7 AGENDA ITEM 2.1 property line. This type of requirement would not be appropriate for smaller lots that may only have two or three trees to begin with. PROPOSED TREE CODE AMENDMENTS It was not the desire of Planning Commission to completely reinvent the tree code. Working within the existing framework, the following proposed changes are intended to simplify the code while also increasing tree preservation. Preservation Not Retention – Throughout The word preservation has replaced retention in the code. Although a minor change, the Commission felt the distinction in preservation aligns better with the intention and spirit of the tree code. General Provisions and Applicability – New Section A new section has been created (MMC 20.52.015). The purpose of this is to provide one section of clear direction that is applicable to all tree removal projects that are associated with development. This section is a combination of existing text and new language to fill out some of the missing guidance in the code, specifically identifying that tree preservation is a key step in site planning process. Tree Retention Requirements – Repealed The Tree Retention Requirements (MMC 20.52.110) has been repealed. This does not mean we are not requiring sites to preserve trees. As explained in the existing tree code analysis above, the retention section conflicted with the performance standard/density ratio requirement for each lot. To provide clearer direction to applicants, other mechanisms in the code have been both created and increased (see legacy and landmark trees, updated tree density ratio, updated tree unit, supplemental tree standards and priorities, and tree preservation plan below). The cumulative result of the proposed amendments will be the preservation of more trees with greater consideration given to their location. Legacy and Landmark Trees – Existing Section Amended The threshold for what qualifies as a Legacy tree has been reduced from 50-inches to 36-inches and a new category of tree called Landmark tree, which are those trees with a DBH of 100-inches and above, has been created. This will create three classes of trees: significant (those with 6-inch DBH but less than 36-inches); Legacy (those with 36-inch DHB up to less than 100-inches); and Landmark (those with 100-inch DBH and greater). By lowering the threshold of what counts as a legacy tree, it sends a clear policy direction to homeowners that the city values these trees and does not want to lose them. The mitigation required for removal of one of these trees increases with each class of tree with Landmark having the most stringent requirements. 8 AGENDA ITEM 2.1 By lowering the threshold for what qualifies as a Legacy tree, it became clear that the mitigation needed to be adjusted as well. The current code calculates replacement trees by multiplying the DBH of the removed tree by 50% to establish replacement inches. In order to prevent small lots from being burdened with planting an absurd amount of replacement trees if a 36-inch DBH Legacy tree were removed2, a new scale relative to lot size has been created. In the proposal, lot sizes are broken out into the same five groupings used for the setback requirements (MMC 20.22.030). These groupings are: less than 10,001; from 10,001 to 13,000; from 13,001 to 15,000; from 15,001 to 20,000; greater than 20,000. The required replacement DBH is a sliding scale from 10% up to 50%. Examples of how this would translate for each grouping may be found below: Lot size: 10,000 sq. ft. Legacy tree DBH removed: 36” Required replacement inches: 10% removed DBH Required inches = 3.6 = 4 rounded up (36 x .1 = 3.6 = 4) Lot size: 12,000 sq. ft. Legacy tree DBH removed: 36” Required replacement inches: 15% removed DBH Required inches = 5.4 = 6 rounded up (36 x .15 = 5.4 = 6) Lot size: 15,000 sq. ft. Legacy tree DBH removed: 36” Required replacement inches: 25% removed DBH Required inches: 9 (36 x .25 = 9) Lot size: 18,000 sq. ft. Legacy tree DBH removed: 36” Required replacement inches: 35% removed DBH Required inches: 12.6 = 13 rounded up (36 x .35 = 12.6 = 13) Lot size: 20,000 sq. ft. Legacy tree DBH removed: 36” Required replacement inches: 50% removed DBH Required inches: 18 (36 x .5 = 18) There is no sliding scale option for Landmark trees which have a one-for-one replacement inch requirement. If a healthy Landmark tree that has a DBH of 100-inches is removed, the quantity of replacement inches required is 100. It is acknowledged that very few properties would be able to 2 Removing a 36-inch tree would require 18 replacement inches or 9 tree minimum. This requirement would be nearly impossible to meet on an 8,000 square foot lot. 9 AGENDA ITEM 2.1 accommodate planting that many supplemental trees. In this instance, fee-in-lieu of plantings would be accepted (see fee-in-lieu below). Increase Tree Density Ratio – Existing Table Amended The density ratio (Table 20.53.130(B)) determines how many tree units are required onsite. The proposal increases this number from .35 to .4 which will require more trees to be retained on site. For example, a 15,000 square foot lot currently is required to have 5.25 tree units on site (15,000 / 1,000 = 15 * .35 = 5.25). Increasing the density ratio to .4 would require 6 tree units on site (15,000 / 1,000 = 15 * .4 = 6). Decrease Existing Tree Unit – Existing Table Amended Once the tree density ratio is determined, the existing trees on site are assigned a tree unit based on type (deciduous vs. coniferous) and DBH. The proposal reduces the tree unit by .25 for each category (Table 20.52.130(C)). The rationale for doing this is that more trees will be required to meet the density ratio. Using the same example from above, achieving the required 6 units could be met multiple ways. One possibility would be to preserve 6 36-inch DBH trees while another option would be to preserve 12 6-inch DBH trees; how a property meets this requirement depends on what exists on site. Throughout the detailed lot analysis (Attachment F) it was discovered that increasing the density ratio and decreasing the tree unit number resulted in the most required trees (either by preservation or through supplementation). The reduction of the Legacy tree threshold from 50-inches to 36-inches also amends the cut off for the assigned tree unit for conifers. Trees from 6-10 inches are assigned a unit of 0.5, 10-less than 36-inches are assigned a unit of 0.75, and 36-inches and larger are assigned a unit of 1.0 as shown below. Table 20.52.130(C) Existing Tree Unit Tree Type Diameter Breast Height of Existing Tree Tree Unit Deciduous 6 to 10 inches 0.5 Greater than 10 inches 0.75 Coniferous 6 to 10 inches 0.5 Greater than 10 inches, but less than 50 36 inches 0.75 50 36 inches and greater 1.0 10 AGENDA ITEM 2.1 Supplemental Tree Standards and Priorities Not Off-Site Tree Planting – Existing Section Amended Off-Site Tree Planting (MMC 20.52.140) has become Supplemental Tree Standards and Priorities. The purpose of amending this section is to establish priorities where supplemental trees (when applicable) should be planted. This will hopefully prevent future projects from only preserving the trees along the back property line. Supplemental trees may be planted on site, off site, or if there is insufficient area to replant, the director or designee may authorize payment of a fee-in-lieu. When planted on site, the following is the order of priority: 1) adjacent to critical areas and their associated buffers, 2) adjacent to low impact development (LID) stormwater facilities, 3) within the first 15-feet of the front property line, 4) within the immediately adjacent right-of-way. Tree Preservation Plan Not Tree Removal and Planting Plan – Existing Section Amended Tree Removal and Planting Plan (MMC 20.52.320) has become Tree Preservation Plan. Every tree permit for land under development is required to submit a plan that identifies where the trees on site are located, what type of tree they are, whether they are going to be removed or preserved, and how the preserved trees will be protected. The proposed amendments would require the preservation plan to show compliance with new objectives that include: trees being incorporated as a site amenity with forested sites, to the extent possible, retaining their forested look; trees being preserved as vegetated islands and stands rather than isolated trees; and trees being healthy. When it specifically comes to the preservation of significant trees, the following priorities have been established for preserving significant trees: trees that form a continuous canopy; trees adjacent to critical areas and their associated buffers; trees located within the first 15-feet adjacent to a property line; trees that will be used as part of a low impact development (LID) storm water facility; and trees taller than 60 feet or greater than 24-inch DBH. As Planning Commission found when discussing bulk, larger lots have a different baseline from smaller lots. Regarding trees, these lots typically have more trees on site to begin with and are therefore able to take down more trees which creates that clear-cut appearance. To try and address this, an additional requirement is suggested to be placed on lots larger than 20,000 square feet (excluding lots in the Shoreline Jurisdiction, which have their own regulations). The suggestion would be for some of the required trees to be preserved equally along the front and rear property lines and the remaining required trees to be preserved in the site interior. Fee-in-Lieu – New Section A new section has been created for fee-in-lieu to consolidate the multiple mentioning of the process into one location. Fee-in-lieu has always been an option, but now it is only available if the director or designee determines that there is insufficient area on the property to replant. To address the concern that the fees are too low and fail to act as a deterrent, it is suggested that the fees themselves will tied to the most current Council of Tree and Landscape Appraisers Guide for Plant Appraisal3. This is a book published by the International Society of Arboriculture (ISA) and is becoming a standard for determining the value of a tree. The Council of Tree and Landscaper Appraisers 3 Purdue University put out a brochure that succinctly explains the benefits of using the Council of Tree and Landscape Appraisers Guide for Plant Appraisal much better than staff ever could. It is available as Attachment G. 11 AGENDA ITEM 2.1 periodically updates their appraised values, which will take the burden off the city having to raise the fees every few years. TIMELINE FOR ADOPTION The proposed timeline for adoption is below: Action Date Status Draft Tree Code Available Online Late August Completed Joint PC/CC Meeting September 21 Pending PC Meeting September 28 Pending SEPA and Department of Commerce October 1 Pending Tree Code Open House (online) October 14 Pending PC Tree Code Public Hearing and Recommendation October 19 Pending CC Tree Code Public Hearing November 8 Pending CC Tree Code Final Adoption December 13 Pending 12 AGENDA ITEM 2.1 For ease of identifying what’s new, the code language that is existing but has been moved to a new section is underlined, while the completely new language is red and underlined. Chapter 20.52 TREE MANAGEMENT CODE Sections: 20.52.010 Purpose and intent. 20.52.015 General provisions and applicability. 20.52.020 Applicability of the tree management code. 20.52.025 Repealed. 20.52.030 Exemptions. 20.52.040 Using this chapter. 20.52.050 Designation of significant tree species. 20.52.060 Repealed. 20.52.070 Repealed. 20.52.080 Repealed. 20.52.090 Repealed. 20.52.100 Designation of land under development. 20.52.110 Tree retention requirements. Repealed. 20.52.120 Legacy and Landmark tree protection measures. 20.52.130 Minimum performance preservation standards for land under development. 20.52.140 Off-site tree planting Supplemental tree standards and priorities. 20.52.150 Minimum restoration standards for land not under development. 20.52.160 Repealed. 20.52.200 Hazard tree risk assessment. 20.52.210 Nuisance tree. 20.52.220 City arborist established. 20.52.300 Notice of tree removal involving no construction. 20.52.310 Tree activity permits. 20.52.320 Tree removal and planting preservation plan. 20.52.330 Fee-in-lieu of supplemental plantings. 20.52.340 Tree protection measures during construction. 20.52.400 City tree removals. 20.52.410 Minimum street tree standards. 20.52.420 Owner responsibility within city rights-of-way. 20.52.500 Liability. 20.52.510 Other general provisions. 20.52.010 Purpose and intent. A. The purpose of the tree management code is to preserve the existing sylvan appearance through long-term retention preservation and planting of trees that contribute to the community’s distinct features including proximity to the lakeshore, views, heavily landscaped streetscapes, and large tracts of public and private open spaces. B. The intent of this chapter is to establish regulations and standards that: 13 AGENDA ITEM 2.1 1. Protect and preserve the existing tree canopy; 2. Provide homeowners flexible standards that encourage the preservation of trees while recognizing the importance of having access to sunlight and views; 3. Recognize through the standards in this chapter that certain factors may require the removal or pruning of certain trees due to circumstances such as disease, danger of falling, proximity to structures and improvements, interference with utility services, protection of view and sunlight, and the reasonable enjoyment of property; 4. Encourage best practices for the planting and managing of trees appropriately to minimize hazards, nuisances, and maintenance costs while allowing access to sunlight and views; 5. Prevent the indiscriminate removal or destruction of trees except as provided for in accordance with this chapter; 6. Promote building and site planning practices consistent with the purpose and intent of this chapter; 7. Ensure prompt development, restoration, replanting and effective erosion control of property after tree removal with landscape plans and other reasonable controls; and 8. Foster public education on the local urban forestry program and encourage good tree management consistent with this chapter. (Ord. 923 § 9, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.015 General provisions and applicability: Where land is designated as under development pursuant to MMC 20.52.100, the preservation of healthy trees shall be considered in accordance with the following guidance: 1. Tree preservation shall be included as a primary step in site planning and shall be achieved by meeting the minimum required tree units established in Table 20.52.130(B). 2. Site design strategies and specific development site areas demonstrating preservation of significant trees shall be presented at the pre-application meeting with the city. 3. A tree preservation plan shall be required that demonstrates the objectives outlined in MMC 20.52.320. 4. Any applicable grading plans, pursuant to MMC Chapter 20.43, shall be developed to avoid significant alteration to the grades around preserved trees. 5. Multiple applications of the tree retention preservation requirements in this section chapter over a 10-year period shall not cause the number and size of trees required to be 14 AGENDA ITEM 2.1 retained to be reduced below the number and size of trees required to be retained with the first application. 6. When calculating retention requirements tree preservation requirements, trees excluded from retention preservation requirements shall not be included in the calculation. 7. For the purpose of calculating tree density requirements, critical areas and their associated buffers shall be excluded from the lot area used for calculation (example: a 16,000 square foot lot has a stream on site that encompasses 1,500 square feet including the stream buffer. The lot area used for tree density calculation would be 14,500 square feet (16,000 – 1,500 = 14,500) provided: a. Critical areas shall be limited to wetlands, streams, geologically hazardous areas, conservation easements, and their associated buffers as described in MMC Chapters 20.50 and 20.67; and b. Removal of any vegetation or woody debris, including trees, from a critical area is subject to the regulations in MMC Chapters 20.50 and 20.67. 8. All of the following shall be excluded from the requirements of this section chapter: a. Hazard trees designated pursuant to MMC 20.52.200; b. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable, re-development does not remedy the conditions causing the nuisance; c. Those significant trees having less than a 36 24-inch diameter breast height size and located within the footprint of the principal building on the lot. 20.52.020 Applicability of the tree management code. A. No person or their representative, directly or indirectly, shall remove or destroy trees located on private property or public property within the jurisdictional boundaries of the city except as provided for in accordance with this chapter. B. Additional tree management requirements are set forth in the Medina shoreline master program as provided in MMC 20.66.050. (Ord. 923 § 10, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.025 Using this chapter. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.030 Exemptions. The following are exempt from the requirements in this chapter: A. Trees less than six inches diameter breast height unless the tree is used to satisfy a requirement of this chapter; 15 AGENDA ITEM 2.1 B. Normal and routine trimming and pruning operations and maintenance of trees and vegetation on private property following the most current ANSI standards; C. Emergency tree removal or hazard pruning for any tree that poses an imminent threat to life or property provided: 1. The city is notified within seven days after the emergency tree removal or hazard pruning takes place and evidence is provided of the imminent threat supporting the emergency tree removal; and 2. If evidence of the imminent threat is not provided, or the director determines the evidence does not warrant an emergency tree removal, the director may require the responsible person to obtain a permit as prescribed by this chapter and require compliance with the requirements of this chapter; D. Trimming and pruning operations and maintenance of trees and vegetation following the most current ANSI standards or removal of trees performed by the city or a contractor contracted by the city within a public right-of-way or city-owned parkland; E. Removal of trees and vegetation management by the city or an agency under contract with the city for purposes of installing and maintaining fire hydrants, water meters, pumping stations, or similar utilities; or F. The removal of a dead tree where the director pre-determines that the tree died from naturally occurring causes. (Ord. 923 § 12, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.040 Using this chapter. This chapter prescribes the requirements for tree retention preservation and planting on lands undergoing development, and the requirements for removal of significant trees on private and public lands. Diagram 20.52.040 offers a user’s guide that outlines the general process for applying the provisions of this chapter. 16 AGENDA ITEM 2.1 Diagram 20.52.040 * Denotes no further action required. 20.52.050 Designation of significant tree species. A. A list of suitable tree species consisting of coniferous and deciduous trees is set forth in the document entitled “City of Medina List of Suitable Tree Species,” adopted by Ordinance No. 923 and on file with the city for the purpose of establishing significant tree species on private Is a tree being removed? Tree Code Is the land under development? See MMC 20.52.100 Determine Required Tree Units MMC 20.52.130(B) Yes No Is the tree a significant species? See MMC 20.52.050 & Suitable Tree Species List No* Yes Yes Determine Tree Restoration Requirements See MMC 20.52.150 Submit tree removal & planting preservation plan See MMC 20.52.320 Follow tree retention requirements objectives of tree preservation plan In MMC 20.52.110 & MMC 20.52.120 20.52.320 Is a tree being removed? Yes No Is the proposal exempt? See MMC 20.52.030 Determine Net Existing Tree Units MMC 20.52.130(C) Determine if supplemental trees are required MMC 20.52.130(D) Is the tree a Legacy or Landmark Tree? See MMC 20.52.120 Yes No Determine tree permit See MMC 20.52.310 Determine tree permit See MMC 20.52.310 City Trees See MMC 20.52.400 No* Retain Tree* 17 AGENDA ITEM 2.1 property, public property, and city rights-of-way; and tree species that are eligible for credits in this chapter. B. The director shall maintain the “City of Medina List of Suitable Tree Species” document at Medina City Hall and may administratively modify the list consistent with the following criteria: 1. The designation of coniferous trees should include all species excluding tree species known to have invasive root structures and to be fast growing such as Leyland cypress and should also exclude trees planted, clipped or sheared to be used as a hedge; 2. The designation of deciduous trees should include those suitable to United States Department of Agriculture Plant Hardiness Zones 8 and 9, excluding those trees with crown diameter of 10 feet or less at maturity; 3. Plantings of the following tree species within the city’s rights-of-way shall be prohibited: London plane, quaking aspen, Lombardy poplar, bolleana poplar, cottonwood, and bigleaf maple. C. The director shall submit proposals to modify the “City of Medina List of Suitable Tree Species” to the city council for their consideration. The city council may approve, modify or deny the proposed modifications. The city council may also decline to take action on the proposed modifications, in which case the modifications shall be incorporated into the list and take effect five days after the date the city council declines to take action. D. The “City of Medina List of Suitable Tree Species” is used in conjunction with the definition of significant tree set forth in MMC 20.12.200 to denote the term significant tree as used in this chapter. (Ord. 923 § 14, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.060 Notice of tree removal involving no construction. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.070 Tree removal and replacement plan. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.080 Designation of significant tree species. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.090 Tree replacement requirements. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.100 Designation of land under development. Land is designated as under development for purposes of this chapter if one or more of the following conditions is present: A. Any development activity requiring a building permit where: 1. Construction of a dwelling having a gross floor area of 2,500 square feet or more; 18 AGENDA ITEM 2.1 2. Construction of accessory buildings on property containing a residential use, or supporting a residential use, where the total gross floor area of all accessory buildings on the lot is 1,000 square feet or more; 3. Any building constructed to be occupied principally by a nonresidential use where the gross floor area of the building is 1,000 square feet or more; 4. Any series of exterior alterations, modifications or additions that over a four-consecutive- year period increases the total building footprint on a lot by more than 500 square feet or 15 percent, whichever is larger; 5. Construction of any structures, including but not limited to driveways, decks, patios, and walkways, that over a four-consecutive-year period increases the impervious surface on the lot by a total of 2,000 square feet or more; 6. Grading that over a four-consecutive-year period totals 2,000 cubic yards or more. B. Any development activity requiring a building permit, a right-of-way permit, and/or a land use or shoreline permit where: 1. One or more significant trees are removed, with at least one tree having a 10-inch diameter breast height or larger size; or 2. Four or more significant trees are removed, provided each has less than a 10-inch diameter breast height size; and 3. The criteria in subsections (B)(1) and (2) of this section shall include the following trees: a. Significant trees removed within two years prior to the submittal of an application for such permits; or b. Significant trees removed within two years after such permits are finalized by the city and the project completed. C. Clearing or grubbing of land that: 1. Is located outside of city rights-of-way; 2. Requires no permits, except for a tree permit; and 3. Removes four or more significant trees, with at least four trees having a 10-inch diameter breast height or larger size, over a four-consecutive-year period. D. The counting of removed trees under subsections (B) and (C) of this section shall not include those trees designated as a hazard or nuisance tree pursuant to MMC 20.52.200 and 20.52.210, respectively. (Ord. 925 § 1, 2015; Ord. 923 § 16, 2015; Ord. 909 § 2 (Att. A), 2014) 19 AGENDA ITEM 2.1 20.52.110 Tree retention requirements Repealed. A. Where land is designated as under development pursuant to MMC 20.52.100, trees within the boundaries of the lot (retention of trees in the city right-of-way are governed by MMC 20.52.400) shall be retained in accordance with any one of the following: 1. Preserve at least 50 percent of the existing trees that are: a. Six inches diameter breast height and larger; and b. Of a native species eligible for credit on private property as set forth in the “City of Medina List of Suitable Tree Species”; or 2. Preserve at least 40 percent of the existing trees that are: a. Six inches diameter breast height and larger with at least half of those required to be retained each having 10 inches diameter breast height or larger size; and b. Of a native species eligible for credit on private property as set forth in the “City of Medina List of Suitable Tree Species”; or 3. Preserve at least 35 percent of the existing trees that are: a. Six inches diameter breast height and larger with at least half of those required to be retained meeting the following: i. All shall have a diameter breast height size of 10 inches or larger; and ii. Forty percent shall have a diameter breast height size of 24 inches or larger; and b. Of a native species eligible for credit on private property as set forth in the “City of Medina List of Suitable Tree Species”; or 4. Preserve at least 25 percent of the existing trees that are: a. Six inches diameter breast height and larger with at least 75 percent of those required to be retained each having 24 inches diameter breast height or larger size; and b. Of a native species eligible for credit on private property as set forth in the “City of Medina List of Suitable Tree Species.” B. All fractions in subsection (A) of this section shall be rounded up to the next whole number. C. The requirement for tree retention under subsection (A) of this section shall not exceed the trees necessary to meet the required tree units set forth in MMC 20.52.130. D. Multiple applications of the tree retention requirements in this section over a 10-year period shall not cause the number and size of trees required to be retained to be reduced below the number and size of trees required to be retained with the first application. 20 AGENDA ITEM 2.1 E. When calculating retention requirements, trees excluded from retention requirements shall not be included in the calculation. F. All of the following shall be excluded from the requirements of this section: 1. Hazard trees designated pursuant to MMC 20.52.200; 2. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable, re- development does not remedy the conditions causing the nuisance; 3. Those significant trees having less than a 36-inch diameter breast height size and located within the footprint of the principal building on the lot. (Ord. 923 § 17, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.120 Legacy and Landmark tree protection measures. This section applies to trees designated as lLegacy and Landmark trees, which are native trees that because of their age, size and condition are recognized as having exceptional outstanding value in contributing to the character of the community. Legacy and Landmark trees within the shoreline jurisdiction are regulated in MMC 20.66.050. A. A Legacy or Landmark tree meeting all of the following criteria shall be designated as a legacy tree by meeting the following criteria: 1. Legacy tree: 1a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable Tree Species”; and 2b. The diameter breast height of the tree is 50 36 inches or larger but less than 100 inches; and 3c. The city arborist determines the tree to be healthy with a likelihood of surviving more than 10 years based on assumptions that: ai. The tree is properly cared for; and bii. The risk of the tree declining or becoming a nuisance is unenhanced by any proposed development; and. 2. Landmark tree: a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable Tree Species”; and b. The diameter breast height of the tree is 100 inches or larger; and c. The city arborist determines the tree to be healthy with a likelihood of surviving more than 10 years based on assumptions that: i. The tree is properly cared for; and 21 AGENDA ITEM 2.1 ii. The risk of the tree declining or becoming a nuisance is unenhanced by any proposed development. 4. The tree is not: a. A hazard tree pursuant to MMC 20.52.200; or b. A nuisance tree pursuant to MMC 20.52.210; excluding those trees where, if applicable and feasible, redevelopment can remedy the conditions causing the nuisance; or c. Located within the footprint of the principal building on the lot, excluding those trees where alternative design of the building is feasible in retaining the tree. B. Legacy and Landmark trees shall be preserved and retained unless replacement trees are planted in accordance with the following: 1. Legacy tree: 1a. The quantity of replacement trees is calculated by multiplying the diameter breast height of the each subject lLegacy tree by 50 percent the required percentage standards in Table 20.52.120(B) to establish the number of replacement inches; and 2. Where more than one legacy tree is removed, the replacement inches for each legacy tree being removed shall be added together to produce a total number of tree replacement inches; and b. All fractions of this section shall be rounded up to the next whole number. 3. The total number of replacement trees is determined by the total caliper inches of the replacement trees equaling or exceeding the required tree replacement inches established in subsections (B)(1) and (2) of this section. Table 20.52.120(B) Legacy Tree Replacement Requirements Square Footage of the Lot Area Required number of replacement inches Less than 10,001 10% removed DBH From 10,001 to 13,000 15% removed DBH From 13,001 to 15,000 25% removed DBH From 15,001 to 20,000 35% removed DBH Greater than 20,000 50% removed DBH 22 AGENDA ITEM 2.1 The following example illustrates how to calculate legacy tree replacement units on a lot that is less than 10,001 square feet: Lot size: 8,120 sq. ft. Required tree units: 8,120 / 1,000 x 0.4 (tree density ratio) = 3.2 (rounded up to the next whole number) = 4 Total existing tree units on site: 6.5 units Eight 10-inch DBH trees – 4 units (.5 units per tree) Two 24-inch DBH trees - 1.5 units (.75 units per tree) One 44-inch DBH Tree – 1 unit (1 unit per tree) Total tree units removed: 3 Four 10-inch DBH trees = 2 units removed One 44-inch DBH tree = 1 unit removed Net tree units: 3.5 Supplemental Units Required: Yes (4 required tree units – 3.5 net tree units) = .5 Legacy Tree Removed: Yes – One 44-inch DHB tree Legacy Tree Supplemental Units: 10% x 44 = 4.4 (rounded up to the next whole number) = 5 Landmark Tree Removed: No Total supplemental Requirements = 5.5 units (.5 supplemental units + 5 legacy supplemental units) = 6 trees 2. Landmark tree: a. The quantity of replacement inches is calculated by multiplying the diameter breast height of each subject Landmark tree by 100 percent to establish the minimum number of replacement inches; and b. All fractions of this section shall be rounded up to the next whole number. C. In lieu of planting the replacement trees prescribed in subsection (B) of this section, an applicant may satisfy the tree replacement requirements by: meeting the criteria set forth in MMC 20.52.330. 1. Planting at least three replacement trees; and 2. Contributing to the Medina tree fund at a rate of $400.00 per each replacement inch not accounted for in the planting of replacement trees; and 3. The sum of the tree replacement inches accounted for by contributing to the Medina tree fund and the total caliper inches of the replacement trees planted shall not be less than the total replacement inches calculated in subsection (B) of this section. D. Other Provisions. 1. Each replacement tree shall meet the standards prescribed in MMC 20.52.1340(D)(4)(a) through (d) and (g); 23 AGENDA ITEM 2.1 2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall apply to the removal of a lLegacy and Landmark trees in lieu of and in addition to requirements for removing nonlegacy trees; 3. The tree replacement requirements set forth in this section for a lLegacy and Landmark tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing tree unit gap; 4. If the minimum performance preservation standards in MMC 20.52.130 are used, and if supplemental tree units are required, the tree replacement requirements set forth in subsections (B) and (C) of this section shall together count as one supplemental tree unit; 5. Off-site tree planting as described in MMC 20.52.140(A), (B), (C)(2), and (E) are acceptable alternatives to on-site replacement tree planting provided the director or designee approves of the off-site location in writing. 20.52.130 Minimum performance preservation standards for land under development. A. The requirements and procedures set forth in this section shall apply to lands that are designated as under development pursuant to MMC 20.52.100. Figure 20.52.130 outlines the primary steps prescribed by this section in establishing requirements and determining compliance with this chapter. Figure 20.52.130 Tree Performance Preservation Process B. Lots with land under development shall contain a sufficient number of significant trees to meet the minimum required tree units established by the following procedures: Calculate Net Existing Tree Units Calculate Required Tree Units (Minimum Performance Preservation Standard) Lot Area / 1,000 Multiply by Tree Density Ratio Determine Existing Tree Units Subtract Tree Units of Trees Removed Calculate Required Supplemental Trees If Difference is Zero or Negative If Difference is Positive No Supplemental Trees Required Subtract Net Existing Tree Units from Required Tree Units 24 AGENDA ITEM 2.1 1. The lot area is divided by 1,000 square feet; and 2. The quotient is multiplied by the corresponding tree density ratio applicable to the lot as set forth in Table 20.52.130(B); and 3. The resulting product is rounded up to the next whole number to establish the minimum number of required tree units. Table 20.52.130(B) Tree Density Ratio Zoning District Category of Land Use Tree Density Ratio R-16, R-20, R-30 & SR-30 Residential 0.3540 Golf Course 0.15 Nonresidential other than specifically listed 0.25 Public Schools 0.15 Parks 0.42 Residential 0.3540 Nonresidential other than specifically listed 0.25 N-A All 0.25 State Highway All 0.12 C. To determine compliance with the required tree units applicable to the lot, apply the following procedures: 1. Inventory all existing significant trees on the subject lot; and 2. Assign a tree unit to each significant tree using the corresponding tree unit set forth in Table 20.52.130(C); and 3. Add the tree units together to compute the total existing tree units and subtract the tree units of those significant trees removed to determine the net existing tree units (do not round fractions); and 4. Subtract the net existing tree units from the required tree units determined in this subsection (C) to establish: a. If the net existing tree units equal or exceed the required tree units then no supplemental trees are required; or b. If the net existing tree units are less than the required tree units then supplemental trees are required pursuant to subsection (D) of this section. 25 AGENDA ITEM 2.1 Table 20.52.130(C) Existing Tree Unit Tree Type Diameter Breast Height of Existing Tree Tree Unit Deciduous 6 to 10 inches 0.75 Greater than 10 inches 1.0 0.75 Coniferous 6 to 10 inches 0.75 Greater than 10 inches, but less than 50 36 inches 1.0 0.75 50 36 inches and greater 1.250 D. If supplemental trees are required, the quantity of trees is determined by applying the following procedures: 1. Determine if a pre-existing tree unit gap exists by subtracting the total existing tree units from the required tree units: a. If the difference is less than zero round to zero; b. A difference of zero means no pre-existing tree unit gap is present; c. If the difference is greater than zero, the difference is the pre-existing tree unit gap; 2. To calculate the quantity of supplemental trees required, apply the provisions in subsection (D)(3) of this section first to those supplemental trees replacing an existing significant tree starting in order with the largest tree to the smallest tree, and then, if applicable, apply subsection (D)(3) of this section to those filling a pre-existing tree unit gap; 3. The quantity of supplemental trees is determined by: a. Assigning a tree unit to each supplemental tree using Table 20.52.130(D); b. Two supplemental trees shall be required for replacing each existing significant tree having a diameter breast height of 24 inches and larger subject to the limitation in subsection (D)(3)(d) of this section, and consistent with subsection (D)(2) of this section these shall be counted first; c. The quantity of supplemental trees shall be of a sufficient number that their total assigned tree units added to the net existing tree units shall equal or exceed the minimum required tree units established in subsection (B) of this section; and d. Supplemental trees in excess of those needed to meet the minimum required tree units shall not be required. 26 AGENDA ITEM 2.1 e. See Diagram 20.52.130 for an example of calculating supplemental trees. Table 20.52.130(D) Supplemental Tree Unit Purpose of Supplemental Tree Diameter Breast Height of Removed Tree Tree Unit for Supplemental Trees Replace an existing significant tree 6 inches to less than 24 inches 1.0 24 inches and larger 0.5 Fill a pre-existing tree unit gap Not applicable 1.0 Diagram 20.52.130 Example Calculating Supplemental Trees 4. Minimum Development Standards Applicable to All Supplemental Trees. Inventory Existing Significant Trees: • Three 30-inch DBH trees • One 10-inch DBH tree • One 6-inch DBH tree Determine Required Tree Units: • 15,000 sq. ft./ 1,000 sq. ft. X 0.40 Tree Density Ratio Significant Trees Removed: • Two 30-inch DBH trees • One 6-inch DBH trees Calculate Required Supplement Trees: • 2 to replace 30-inch DBH tree = 1.0 tree unit • 2 to replace 30-inch DBH tree = 1.0 tree unit • 1 to replace 6-inch DBH tree = 1.0 tree unit • 23 to Fill 12.75 Pre-existing Gap = 23.0 tree units • Net Existing Tree Units = 1.725 tree units Total: 67.725 tree units Determine if Supplemental Trees required: • 6.0 Tree Units – 1.725 Tree Units 78 supplemental trees required 43.25 Existing Tree Units 12.75 Pre-existing Tree Unit Gap 6.0 Required Tree Units 1.725 Net Existing Tree Units 4.275 Tree Units Determine pre-existing tree unit gap 27 AGENDA ITEM 2.1 a. To be eligible as a supplemental tree, the tree species must be selected from the appropriate list set forth in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050; b. Trees shall be planted on the subject lot; c. Each supplemental tree shall have a minimum caliper of two inches or, if the tree is coniferous, it shall have a minimum height of six feet at the time of final inspection by the city; d. Trees shall be planted in a manner of proper spacing and lighting that allows them to grow to maturity; e. Existing trees within the boundaries of the lot having less than six inches diameter breast height may count as supplemental trees provided the tree meets all other requirements applicable to a supplemental tree; f. Supplemental trees replacing existing significant trees shall have at least one tree be of the same plant division (coniferous or deciduous) as the significant tree it is replacing; and g. The owner of the subject lot shall take necessary measures to ensure that supplemental trees remain healthy and viable for at least five years after inspection by the city and the owner shall be responsible for replacing any supplemental trees that do not remain healthy and viable for the five years after inspection by the city. E. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as a significant tree for purposes of this chapter. F. In lieu of the supplemental tree requirements prescribed by this section, an owner may satisfy the requirements for supplemental trees by meeting the requirements for off-site tree planting set forth in MMC 20.52.140. 20.52.140 Off-site tree planting Supplemental tree standards and priorities. A. Where this chapter authorizes off-site tree plantings, an owner may use the provisions of this section to satisfy requirements for planting trees on site. B. Except where contribution to the Medina tree fund is used in lieu of planting required trees, application of this section shall not result in planting trees below the minimum requirements for on-site plantings. C. An owner may plant required trees at on off-site location provided all of the following are satisfied: 1. The off-site location is within the boundaries of the city including: a. Private property with the written consent of the owner of the off-site location; b. City property with the written approval of the director; 28 AGENDA ITEM 2.1 c. Other public property with the written consent of the entity with jurisdiction over the off-site location; 2. Existing trees at the off-site location shall not be included as satisfying tree planting requirements; 3. Trees planted off site in lieu of on-site requirements shall not be counted as an existing tree on the property where the off-site tree is located; 4. Trees planted off site in lieu of on-site requirements shall meet development standards including: a. Having a minimum caliper of two inches or, if the tree is coniferous, having a minimum height of six feet at the time of final inspection by the city; b. If applicable, having at least one tree of the same plant division (coniferous or deciduous) as the significant tree it is replacing; c. The owner of the off-site property shall take necessary measures to make certain that the trees planted to satisfy the requirements of this chapter remain healthy and viable for at least five years after inspection by the city, and the owner shall be responsible for replacing any subject trees that do not remain healthy and viable for the five years after inspection by the city. D. In lieu of planting trees, an owner may contribute to the Medina tree fund provided the following are satisfied: 1. When the contribution is for replacing an existing significant tree, payment is at a rate of: a. Two hundred dollars per each diameter breast height inch of the significant tree where the tree removed has less than a 20-inch diameter breast height size; b. Two hundred fifty dollars per each diameter breast height inch of the significant tree where the tree removed has at least a 20-inch diameter breast height, but less than 36- inch diameter breast height size; c. Four hundred dollars per each diameter breast height inch of the significant tree where the tree removed has at least a 36-inch diameter breast height or larger size; 2. When the contribution is for required tree plantings used to satisfy the pre-existing tree unit gap determined in MMC 20.52.130(D)(1), payment shall be at a rate of $1,700 per required tree not planted. E. An owner may select to apply a combination of planting trees on site, off site and/or contributing to the Medina tree fund provided: 1. The combination is consistent with the provisions of this chapter; and 2. The combination results shall be equivalent to or greater than the minimum requirements for on-site plantings. 29 AGENDA ITEM 2.1 F. Consistent with the authority granted in MMC 20.10.040, the director may establish additional administrative rules as necessary relating to the care and maintenance of off-site trees. A. To be eligible as a supplemental tree, the tree species must be selected from the appropriate list set forth in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050 and shall meet the following general requirements: 1. Each supplemental tree shall have a minimum caliper of two inches, or, if the tree is coniferous, it shall have a minimum height of six feet at the time of final inspection by the city; 2. Trees shall be planted in a manner of proper spacing and lighting that allows them to grow to maturity; 3. Existing trees within the boundaries of the lot having less than six inches diameter breast height may count as supplemental trees provided the tree meets all other requirements applicable to a supplemental tree; 4. Supplemental trees replacing existing significant trees shall have at least one tree be of the same plant division (coniferous or deciduous) as the significant tree it is replacing; and 5. The owner of the subject lot shall take necessary measures to ensure that supplemental trees remain healthy and viable for at least five years after inspection by the city and the owner shall be responsible for replacing any supplemental trees that do not remain healthy and viable for the five years after inspection by the city. B. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as a significant tree for the purpose of this chapter. C. Where supplemental trees are required pursuant to MMC 20.52.130(D), the trees shall be planted in the following order of priority: 1. On-site and adjacent right-of-way. The preferred locations for on-site supplemental trees are in the following order of priority from most important to least important: a. Adjacent to critical areas and their associated buffers as defined in MMC Chapters 20.50 and 20.67; b. Adjacent to a low impact development (LID) stormwater facility; c. Within the first 15 feet of the front property line. d. Within the immediately adjacent right-of-way. 2. Off-site. An owner may elect to plant the required trees off-site upon written request, and approval from the City. Except where contribution to the Medina tree fund is used in lieu of planting required trees, application of this section shall not result in planting trees below the minimum requirements for on-site plantings. Off-site locations include: 30 AGENDA ITEM 2.1 a. City-owned properties; b. Street rights-of-way not immediately adjacent to the property; c. Private property with the written consent of the owner of the off-site location; d. Other public property with the written consent of the entity with jurisdiction over the off-site location; e. Any other property determined appropriate by the director. 3. Fee-in-Lieu. If the director or designee determines there is insufficient area to replant on- site or within the adjacent public right-of-way, the director or designee may authorize payment of a fee-in-lieu in accordance with MMC. 20.52.330. D. An owner may elect a combination of planting trees on site, off site and/or fee-in-lieu upon written request, and approval by the City, provided: 1. The combination is consistent with the provisions of this chapter; and 2. The combination results shall be equivalent to or greater than the minimum requirements for on-site plantings. E. Consistent with the authority granted in MMC 20.10.040, the director may establish additional administrative rules as necessary relating to the care and maintenance of off-site trees. F. Existing trees at the off-site location shall not be included as satisfying tree planting requirements. G. Trees planted off-site in lieu of on-site requirements shall not be counted as existing trees on the property where the off-site tree is located. 20.52.150 Minimum restoration standards for land not under development. A. The requirements set forth in this section apply to tree removals on lots not meeting the criteria for land under development set forth in MMC 20.52.100. B. Removal of significant trees on a lot, including hazard and nuisance trees, is authorized only if the restoration requirements in Table 20.52.150 are satisfied, or if the property meets the requirements prescribed in subsection (K) of this section. Table 20.52.150 Tree Restoration Standards Diameter Breast Height of Removed Tree Restoration Requirements 6 to 10 inches Plant one tree 31 AGENDA ITEM 2.1 Diameter Breast Height of Removed Tree Restoration Requirements Each Significant Tree Greater than 10 inches, but less than 24 inches Plant two trees 24 inches and larger Plant three trees Legacy trees See MMC 20.52.120 Hazard trees – 10 inches and larger Plant one tree C. To be eligible as a restoration tree, the tree species must be selected from the appropriate list in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050. D. Restoration trees shall be planted within the boundaries of the lot, except as authorized pursuant to subsection (J) of this section. E. Restoration trees shall be planted in a manner of proper spacing and lighting that allows them to grow to maturity. F. Each restoration tree shall have a minimum caliper of two inches or, if the tree is coniferous, it shall have a minimum height of six feet at the time of final inspection by the city. G. Existing trees on site having less than six inches diameter breast height may be included as restoration trees provided: 1. The subject tree is located within the boundaries of the lot; and 2. The subject tree meets all of the other requirements applicable to restoration trees. H. The owner of the subject lot shall take necessary measures to make certain that restoration trees remain healthy and viable for at least five years after inspection by the city and the owner shall be responsible for replacing any restoration trees that do not remain healthy and viable for the five years after inspection by the city. I. All trees used to satisfy the restoration requirements of this chapter shall be included as a significant tree for purposes of this chapter. J. In lieu of the tree restoration requirements prescribed by this section, an owner may satisfy the requirements for restoration trees by meeting the requirements for off-site tree planting set forth in MMC 20.52.140. K. The restoration requirements in Table 20.52.150 for removing significant trees shall be waived if the following criteria are satisfied: 1. The subject lot contains a sufficient number of significant trees to meet the performance standard for required trees established in MMC 20.52.130; and 2. The owner demonstrates that removal of the significant tree, including hazard and nuisance trees, will not result in a failure to meet the performance standards for required trees established in MMC 20.52.130. (Ord. 923 § 20, 2015; Ord. 909 § 2 (Att. A), 2014) 32 AGENDA ITEM 2.1 20.52.160 Lots 12,000 square feet or less. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.200 Hazard tree risk assessment. A. Hazard trees are trees assessed by the city arborist as having a high to extreme risk rating using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) method in its most current form. B. Steps in the TRAQ method in developing a tree risk rating include the following: 1. Identify possible targets and estimate occupancy rate; 2. Inspect tree and identify tree parts that could fail and strike targets (referred to as failure mode); 3. For each significant failure mode identified: a. The likelihood of failure is assessed; b. The likelihood of a tree part impacting a target is assessed; c. The likelihood of a tree failure impacting a target is assessed; d. Consequences of failure are estimated; e. The risk is designated pursuant to the matrix in Table 20.52.200(C); f. Possible mitigation treatments to reduce the risk are identified; g. The risk is again designated pursuant to the matrix in Table 20.52.200(C) after mitigation treatment is completed. 4. When assessing the risk of a tree, the city arborist shall evaluate the tree based on existing conditions and shall exclude possible impacts caused by new development, any land alteration activity, or other similar such activities that might otherwise unnaturally cause the risk rating to increase. C. The following table is from the International Society of Arborists TRAQ method and denotes the risk rating matrix used to assess levels of tree risk as a combination of likelihood of a tree failing and impacting a specified target, and the severity of the associated consequences should the tree or any part of the tree fail: Table 20.52.200(C) Tree Risk Rating Matrix Likelihood of Failure or Impact Consequences Negligible Minor Significant Severe Very Likely Low Risk Moderate Risk High Risk Extreme Risk Likely Low Risk Moderate Risk High Risk High Risk 33 AGENDA ITEM 2.1 Likelihood of Failure or Impact Consequences Negligible Minor Significant Severe Somewhat likely Low Risk Low Risk Moderate Risk Moderate Risk Unlikely Low Risk Low Risk Low Risk Low Risk 1. The consequences listed in Table 20.52.200(C) have meanings as follows: a. Extreme Risk. This category applies to trees in which failure is “imminent” and there is a high likelihood of impacting a target, and the consequences of the failure are “severe.” b. High Risk. This category applies to situations in which consequences are significant and likelihood is “very likely” or “likely,” or when consequences are “severe” and likelihood is “likely.” c. Moderate Risk. This category applies to trees in which consequences are “minor” and likelihood is “very likely” or “likely” or when likelihood is “somewhat likely” and the consequences are “significant” or “severe.” d. Low Risk. This category applies to trees in which consequences are “negligible” and likelihood is “unlikely”; or when consequences are “minor” and likelihood is “somewhat likely.” 2. Definitions of TRAQ method terminology that are not set forth in this chapter or Chapter 20.12 MMC can be found in the article “Qualitative Tree Risk Assessment” by E. Thomas Smiley, Nelda Matheny, and Sharon Lilly on file at Medina City Hall. 3. Potential targets are permanent structures or an area of moderate to high use. Where a target does not exist, applicants should consider routine pruning and maintenance to mitigate hazards. D. Where a tree is found to have a high or extreme risk, the city arborist may authorize hazard pruning to mitigate the risk rather than removing the entire tree. E. If the city arborist assesses a tree to have a high or extreme risk and mitigation of the risk through pruning or moving of potential targets is not feasible, the city arborist shall designate the tree a hazard tree. (Ord. 923 § 22, 2015) 20.52.210 Nuisance tree. A. A nuisance tree, for purposes of this chapter, is a tree whose branches, stem and/or roots cause one or more of the following conditions to exist: 1. Substantial physical damage to public or private structures; 2. A qualified professional provides verification based on conditions on the property that substantial physical damage will occur within five years to a building containing a principal use; 34 AGENDA ITEM 2.1 3. Substantially impairs, interferes or restricts streets, sidewalks, sewers, power lines, utilities or other public improvements; 4. Substantially impairs, interferes, or obstructs any street, private lane, or driveway; or 5. The tree is diseased and restoration of the tree to a sound condition is not practical. B. Designation of a nuisance tree is by the director following receipt of a written request and findings are made supporting a nuisance designation using the following criteria: 1. One or more of the conditions in subsection (A) of this section is present; 2. The nuisance associated with the subject tree cannot be corrected by reasonable measures including, but not limited to, pruning, cabling, bracing, or if feasible, relocating structures and other improvements; and 3. Other relevant information provided by the applicant and the city’s inspection of the subject tree. (Ord. 923 § 23, 2015) 20.52.220 City arborist established. The director shall appoint a person to the position of city arborist who shall be assigned responsibility for evaluating the hazardousness of trees and other duties consistent with the requirements of this chapter. (Ord. 923 § 24, 2015) 20.52.300 Notice of tree removal involving no construction. A. Property owners removing a significant tree requiring a permit under MMC 20.52.310, but not undergoing new construction or land alteration activity, shall notify the city at least 10 calendar days prior to the date the tree will be removed. The director may reduce this time with receipt of a written request from the applicant and upon finding that the lesser time will provide the city reasonable notification. B. All property owners removing a nonsignificant tree that does not require a permit are encouraged, but not required, to notify the city of the tree removal at least 48 hours prior to the tree being removed. (Ord. 923 § 25, 2015) 20.52.310 Tree activity permits. A. This section sets forth the criteria for applying permits that implement this chapter. All uses and activities not requiring a permit must still comply with this chapter. B. An administrative tree activity permit meeting the requirements set forth in MMC 20.70.050 is required for the following activities unless a permit is required elsewhere under this section: 1. Land designated under development as determined in MMC 20.52.100; 2. Removal at any time of a significant tree, including hazard and nuisance trees, located on private property or Washington State controlled land associated with the SR 520 highway; 3. Removal of any nonsignificant tree, including hazard and nuisance trees, located on private property or Washington State controlled land associated with the SR 520 highway that is located within 200 feet of Lake Washington pursuant to MMC 20.60.050; 35 AGENDA ITEM 2.1 4. Removal or pruning of any tree that is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; and c. Designated a hazard tree pursuant to MMC 20.52.200, or involving hazard pruning authorized by the director. C. An administrative right-of-way tree activity permit meeting the requirements set forth in MMC 20.71.050 is required for the following activities: 1. Removal of any tree, excluding hazard trees, that is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; c. Application for the permit is made by the owner of property adjoining the right-of- way where the tree is located measured to the centerline of the right-of-way; and d. The removal does not require a nonadministrative right-of-way activity permit under subsection (D) of this section. 2. Pruning of any tree, excluding hazard pruning, that is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; c. Application for the permit is made by an owner of property adjoining the right-of-way where the tree is located measured to the centerline of the right-of-way; and d. Excluding pruning activity that: i. Follows ANSI standards in their most recent form; ii. Does not endanger the life of the tree in the opinion of the director; iii. Does not remove more than 25 percent of the natural canopy of the tree; iv. Does not remove a limb having a diameter greater than three inches; and v. Application for the pruning is made by an owner of property adjoining the right-of- way where the tree is located measured to the centerline of the right-of-way. D. A nonadministrative right-of-way tree activity permit meeting the requirements set forth in MMC 20.72.090 is required for the following activities: 1. Removal of any tree, excluding hazard trees, which is: a. Six inches or larger diameter breast height size; 36 AGENDA ITEM 2.1 b. Located in any open or closed city right-of-way; and c. Application for the permit is made by an owner of property who is not adjoining the right-of-way where the tree is located measured to the centerline of the right-of-way. 2. Pruning or removal of any tree, excluding hazard trees and hazard pruning, for any purpose, which is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; and c. Application for the permit is made by a public or private utility or their agent. 3. Removal at any time of a significant tree, excluding hazard trees, which is: a. Fifty inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; and c. Application for the permit is made by an owner of property adjoining the right-of-way where the tree is located measured to the centerline of the right-of-way. E. A nonadministrative tree activity permit meeting the requirements set forth in MMC 20.72.100 is required for the following: 1. Removal at any time of a significant tree, excluding hazard trees, which is: a. Fifty inches or larger diameter breast height size; b. Located on private property; and c. Located outside of the footprint of a building containing the principal use of the property. 2. The director may modify the procedures for deciding a nonadministrative tree activity permit and approve the application using a Type 2 decision process provided: a. The subject tree is designated a nuisance tree pursuant to MMC 20.52.210; and b. During the public comment period, the city does not receive any written objection to a Type 2 decision decided by the director being used; and c. The approval criteria in MMC 20.72.100 are satisfied. (Ord. 923 § 26, 2015) 20.52.320 Tree removal and planting preservation plan. A. Permits for lands under development and permits for removing city trees in city rights-of-way shall include a tree removal and planting preservation plan containing the following information: 1. A survey plan prepared by a Washington State licensed surveyor that includes the following: 37 AGENDA ITEM 2.1 a. The location, genus, species, common name, and size of all significant trees located within the boundaries of the property and within any adjoining city rights-of-way; ba. Topography of the site at two-foot contour intervals;. cb. Critical areas as defined in Chapters 20.50 and 20.67 MMC; and. d. If existing trees that are less than six inches diameter breast height are to be counted as supplemental trees, the location, genus, common name, and size of such tree. 2. A site plan drawing showing the following: a. Proposed improvements, alterations or adjustments to the subject property including, but not limited to, buildings, driveways, walkways, patios, decks, utilities, and proposed contours;. b. Existing structures, whether proposed to remain or proposed for removal; and. c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property. 3. A conceptual or definitive tree-planting plan that includes: a. Identification of all trees having a six inches or larger diameter breast height size to be retained and those to be removed; The location, genus, species, common name, and size of all significant trees located within the boundaries of the property and within any adjoining city rights-of-way and notation of which significant trees will be retained and which are proposed to be removed. b. Analysis of required tree units, existing tree units, and net tree units; If existing trees that are less than six inches diameter breast height are to be counted as supplemental trees, the location, genus, common name, and size of such tree. c. Compliance with the following objectives: i. Trees shall be incorporated as a site amenity with strong emphasis on tree protection. To the extent possible, forested sites should retain their forested look, value, and function after development. ii. Trees should be preserved as vegetated islands and stands rather than as individual, isolated trees scattered throughout the site. iii. Trees to be preserved shall be healthy and wind-firm as identified by a qualified arborist. iv. Preservation of significant trees as follows: 1. Significant trees which form a continuous canopy. 2. Significant trees located adjacent to critical areas and their associated buffers. 38 AGENDA ITEM 2.1 3. Significant trees located within the first 15 feet adjacent to a property line. 4. Significant trees which will be used as part of a low impact development (LID) storm water facility. 5. Significant trees over sixty (60) feet in height or greater than twenty-four (24) inches diameter breast height. c. For lots larger than 20,000 square feet, excluding lots within the shoreline jurisdiction as defined by MMC 20.66.050, the tree density ratio shall be achieved as follows: i. At least 20 percent of the required significant trees as determined by MMC 20.52.130 shall be retained equally within the site perimeter as follows: 1. 10 percent within the first 15-feet of the front property line. 2.10 percent within the first 15-feet of the rear property line. ii. At least 20 percent of the required significant trees as determined by MMC 20.52.130 shall be retained within the site interior. e. Compliance with the required tree density ratio pursuant to MMC Table 20.52.130(B). cf. If applicable, a list of supplemental trees to be planted consistent with the requirements of this chapter;. dg. If right-of-way trees are proposed for removal, an analysis of the tree mitigation and a list of replacement trees to be planted;. eh. The list of required tree plantings shall include the size, genus, species and common names; and. fi. As applicable, a proposed general planting landscaping plan that includes the required tree plantings and other vegetation being planted, as appropriate, for determining compliance with other provisions of the Medina Municipal Code (i.e., grading and drainage and shoreline master program regulations). B. The director may authorize modifications to the tree removal and planting preservation plan on a case-by-case basis that reduce submittal requirements if the director concludes such information to be unnecessary. C. The director may require additional information to be included with the tree removal and replacement preservation plan, such as tree protection measures, where the director concludes the information is necessary to determine compliance with this chapter. D. The applicant may combine the survey, site plan drawing, and/or tree replacement preservation plan into a single document, or may combine the required information with other 39 AGENDA ITEM 2.1 documents, provided the city determines the submitted information is reasonably easy to understand. All plans shall be drawn to a scale acceptable by the director. E. Permits not involving land under development do not require a tree removal and planting preservation plan. However, this shall not preclude the director from requiring such information as necessary to determine compliance with this chapter. 20.52.330 Fee-in-lieu of supplemental plantings. A. The director or designee may authorize payment of a fee-in-lieu provided: 1. There is insufficient area on the lot or adjacent right-of-way to meet the number of replacement inches prescribed by MMC 20.52.130; or 2. Tree replacement provided within public right-of-way or a city park in the vicinity will be of greater benefit to the community. 3. Fees shall be provided in lieu of on-site tree replacement based upon the following: a. The expected tree replacement cost including labor, materials, and maintenance for each replacement tree; and b. The most current Council of Tree and Landscape Appraisers Guide for Plant Appraisal. 5. The applicant executes a written agreement with the City demonstrating compliance with the criteria in this section. 20.52.3340 Tree protection measures during construction. A. Tree protection measures shall be implemented and maintained before and during all construction activities to ensure the preservation of significant trees that are planned to be retained. Tree protection measures shall be shown on grading and drainage plans, tree protection plans, and construction mitigation plans. B. Tree protection measures shall include, but are not limited to, the following: 1. Establish tree protection zones and install protective fencing at the drip line or other barriers that are at least four feet in height, except where tree protection zones are remote from areas of land disturbance, and where approved by the director, alternative forms of tree protection may be used in lieu of tree protective fencing; provided, that the critical root zones of protected trees or stands of trees are clearly delineated and protected; 2. Limit grading levels around subject trees to not raise or lower grades within the larger of the following areas: a. The drip line area of the tree; or b. An area around the tree equal to one foot in diameter for each inch of tree diameter measured at DBH; 3. Installation of a tree well, but only where necessary and only with pre-approval of the city; 40 AGENDA ITEM 2.1 4. Designation of areas on site for parking, material and equipment storage, construction ingress and egress, and similar designated areas that do not negatively impact significant trees; 5. Locate trenches for utilities that minimize negative effects on the tree root structure with provisions for filling the trenches with a suitable growing medium in the vicinity of the trees; 6. Employ measures to protect critical root systems from smothering and compaction; 7. Implement a tree care program during construction to include watering, fertilizing, pruning and pest control; and 8. Measures for the disposal of potentially harmful items such as excess concrete, polluted water runoff, and other toxic materials. C. The director may approve deviations to the tree protection measures set forth in subsection (B) of this section if the director determines that the deviation will provide equal or better tree protection than the required tree protection measure. (Ord. 923 § 28, 2015) 20.52.400 City tree removals. A. This section sets forth the requirements applicable to all trees located on city-owned property and city rights-of-way. B. General Provisions. 1. This section is intended to be of general application for the benefit of the public at large; it is not intended for the particular benefit of any individual person or group of persons other than the general public; 2. In addition to the limits set forth in MMC 20.52.020, no city tree shall be broken, injured, mutilated, killed, destroyed, pruned or removed unless authorized by the provisions of this section; and 3. The exemptions in MMC 20.52.030 apply to this section. C. Pruning and trimming of city trees is permitted provided ANSI standards in their most recent form are followed and the trimming and pruning comply with the requirements for tree activity permits set forth in MMC 20.52.310. D. Removal of a city tree located within an open or closed city right-of-way may be allowed for the following: 1. Hazard trees designated pursuant to MMC 20.52.200; 2. Nuisance trees designated pursuant to MMC 20.52.210; 3. Trees not suitable under utility lines, or in the city right-of-way, as prescribed in the “City of Medina List of Suitable Tree Species”; 41 AGENDA ITEM 2.1 4. Any tree having less than a 10-inch diameter breast height size; and any trees not included on the “City of Medina Suitable Tree Species List” for the right-of-way having less than a 36-inch diameter breast height size; 5. Trees where pruning and trimming for utilities caused significant defects to the primary stem of the tree resulting in significant abnormal growth; 6. Trees where removal is necessary to allow vehicle access to a property; 7. Trees where removal is necessary to restore a view significantly obstructed by the tree provided all of the following criteria are satisfied: a. The owner of the adjoining property to the subject tree and the city both accept allowance to have the tree removed; b. The person claiming the view obstruction establishes the tree causes an unreasonable view obstruction using the provisions established in MMC 18.16.040 through 18.16.080; and c. The approval of a nonadministrative right-of-way activity permit is obtained pursuant to MMC 20.72.090. E. Where subsection (D) of this section allows removal of a city tree, the following shall apply: 1. Removal of city trees, including hazard and nuisance trees, is permitted only if replacement trees are planted in accordance with the requirements in Table 20.52.400(E)(1), except as allowed otherwise by this section; Table 20.52.400(E)(1) Replacement City Trees Diameter Breast Height of Removed Tree Significant/Nonsignificant Tree Species Tree Replacement Each Tree (Include Nuisance Trees) Less than 6 inches All None 6 to 10 inches All Plant one tree Greater than 10 inches, but less than 24 inches Nonsignificant Plant one tree Significant Plant two trees 24 inches and larger Nonsignificant Plant two trees Significant Plant three trees Each Hazard Tree 6 to 10 inches All None Greater than 10 inches All Plant one tree 2. Replacement trees shall meet the following standards: 42 AGENDA ITEM 2.1 a. To be eligible as a replacement tree, the tree species must be selected from the appropriate list in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050; b. Replacement trees shall be planted within the city right-of-way adjoining the subject lot; c. Each replacement tree shall have a minimum caliper of two inches or, if the tree is coniferous, it shall have a minimum height of six feet at the time of final inspection by the city; d. Replacement trees shall be planted in a manner of proper spacing and lighting that allows them to grow to maturity; e. At least one replacement city tree shall be of the same plant division (coniferous or deciduous) as the city tree removed; f. Approval to remove a city tree shall include conditions to make certain that replacement trees remain healthy and viable for at least five years after inspection by the city, including measures to replace those replacement trees that do not remain healthy and viable; 3. In addition to the requirement for replacement trees in subsections (E)(1) and (2) of this section, the public benefits lost due to the removal of the city tree shall be mitigated by paying a contribution to the Medina tree fund in accordance with the following: a. The contribution shall be determined by multiplying the diameter breast height inches of the tree removed (significant and nonsignificant tree species) by a rate of $25.00; b. Where more than one city tree is removed, the contribution for each removed tree shall be added together to produce the total payment to the Medina tree fund; c. The contribution rate for a city tree designated a hazard pursuant to MMC 20.52.200 is zero; d. If removal of the city tree was not authorized by the city at the time of its removal, the contribution rates shall triple and be in addition to any other penalties that might apply; e. Unless a city tree qualifies for the emergency exemption pursuant to MMC 20.52.030(B), city trees removed before a hazard or nuisance determination is made by the city shall be presumed not to be a hazard or a nuisance. F. The following planting requirements apply within the city right-of-way when a city tree is removed: 1. The maximum number of trees in the city right-of-way shall be one tree for each 17 feet of linear public street frontage, or one tree for each 300 square feet of plantable area within the city right-of-way, whichever is greater, adjoining the subject lot; 43 AGENDA ITEM 2.1 2. The director may increase the maximum number of city trees prescribed in subsection (F)(1) of this section, provided there is sufficient space in the city right-of-way adjoining the lot to accommodate the increase in city trees; 3. If the tree replacement requirements prescribed in subsection (E) of this section would result in the total number of city trees in the right-of-way to exceed the maximum prescribed in subsection (F)(1) or (2) of this section, an applicant shall contribute $290.00 to the Medina tree fund for each replacement tree above the maximum in lieu of planting replacement trees above the maximum; 4. If the tree replacement requirements prescribed in subsection (E) of this section would result in the total number of city trees in the right-of-way to be below the maximum prescribed in subsection (F)(1) or (2) of this section, an applicant may plant additional trees in the right-of-way, subject to the limits in subsection (F)(1) or (2) of this section, and reduce contributions to the Medina tree fund by: a. Six hundred dollars for each coniferous tree planted; b. Five hundred dollars for each deciduous tree planted; and 5. New trees shall not be planted within three feet of the edge of any paved roadway. G. The requirements of this section may be used to satisfy the requirements set forth in MMC 20.52.410. H. Where a proposal includes application of this section and application of MMC 20.52.130 and/or 20.52.150, the requirements for supplemental trees and restoration trees shall be applied independent of the requirements in this section for replacement trees. (Ord. 958 § 3, 2018; Ord. 923 § 29, 2015) 20.52.410 Minimum street tree standards. A. This section shall apply to properties adjoining the following city rights-of-way: 1. Minor arterial and collector street rights-of-way as defined in Chapter 10.08 MMC; 2. NE 8th Street; 3. 82nd Avenue NE between NE 8th Street and NE 12th Street; 4. 84th Avenue NE south of NE 12th Street; and 5. Evergreen Point Road north of 78th Place NE. B. The following street tree standards shall apply when the lot adjoining the right-of-way is under development pursuant to MMC 20.52.100: 1. There shall be at least one city tree planted for each 300 square feet of plantable area within the city right-of-way adjoining the lot with a minimum of two trees planted; and 2. The new city trees planted shall have a minimum two-inch caliper with coniferous trees also having a minimum height of six feet at the time of final inspection; and 44 AGENDA ITEM 2.1 3. The requirements of this subsection may be satisfied with existing trees in the adjoining city right-of-way measured to the centerline; and 4. New city trees shall not be planted within three feet of the edge of any paved roadway; and 5. Trees shall be planted in an informal pattern to create a natural appearance. C. The following exceptions shall apply: 1. Shrubs, trees and plantings within the required sight line areas at private drives, private lane outlets and street intersections shall not interfere with required sight distances; 2. The director may waive the requirements of this section if the right-of-way to be planted is planned for modification in the Medina capital improvements plan. (Ord. 923 § 30, 2015) 20.52.420 Owner responsibility within city rights-of-way. A. All owners of property adjoining a city right-of-way shall be responsible for maintaining all trees, shrubs, and other landscaping planted in the adjoining right-of-way by the property owner or previous owner of the property, or for which responsibility has been assumed by the owner through a recorded agreement with the city. B. All owners of the property adjoining a city right-of-way shall ensure the trees, shrubs and landscaping in the right-of-way adjoining their property do not interfere with the free passage of vehicles and pedestrians or cause any risk of danger to the public or property. C. No hazardous or destructive tree species shall be planted in the city rights-of-way. The city shall maintain a list of suitable trees that are acceptable to be planted in city rights-of-way consistent with MMC 20.52.050. D. The requirements of this section shall apply equally to the city rights-of-way whether the city’s title to the right-of-way was obtained by dedication, condemnation, deed or in any other manner. E. For the purpose of this chapter, an owner shall be considered adjoining up to the centerline of the city right-of-way. (Ord. 923 § 31, 2015) 20.52.500 Liability. Consistent with MMC 20.10.070, nothing contained in this chapter shall be construed or form the basis for any liability on the part of the city, or its officers, agents, consultants or employees, for any injury or damage resulting from any person’s failure to comply with the provisions of this chapter or by reason of or in consequence of any act or omission in connection with the implementation of or enforcement of this chapter. (Ord. 923 § 32, 2015) 20.52.510 Other general provisions. A. Implementation and Costs. 1. All costs associated with trimming and removal of trees shall be the responsibility of the applicant or property owner; and 45 AGENDA ITEM 2.1 2. Any tree trimming or removal governed by this chapter shall be performed by a state of Washington licensed tree service contractor, bonded and insured for the liabilities associated with tree removal. B. Survey. The city may require as a condition of approving a tree removal permit that the applicant obtain a survey by a state of Washington licensed surveyor to determine if the trees described in the application are located on the subject property, or if a tree is located within a city right-of-way. C. Supplemental Notice. The following shall supplement noticing requirements set forth in MMC 20.80.140(A) when applied to tree activity permits: 1. Notice shall be posted on or near the subject tree or trees in a manner that clearly identifies all trees being considered under the application; 2. The director may approve the use of a variety of reasonable methods to identify trees provided the methods clearly identify all trees being considered under the application; and 3. The director may require additional notices to be posted when, in the opinion of the director, it is determined necessary to provide reasonable notification to the public of a pending application. D. Limitations on Occupancy. A certificate of occupancy shall not be issued until all required tree plantings and landscaping associated with this chapter is complete and receives final approval from the city. Temporary occupancy may be granted pursuant to MMC 20.40.100 before completion of the tree planting and landscaping work provided all of the following criteria are satisfied: 1. The property owner provides a financial guarantee to the city to ensure completion of the tree planting and landscaping; 2. The financial guarantee may take the form of a bond, line of credit, cash deposit, or another form acceptable to the city; 3. The minimum amount of the financial guarantee shall be 150 percent of the estimated cost of landscaping and required tree plantings not completed at the time of the inspection; and 4. Terms of the financial guarantee shall include, but are not limited to, conditions for approving the financial guarantee, a timeframe for the work to be completed, and terms under which the city shall release the financial guarantee. E. View and Sunlight Obstructions Caused by Trees. Pursuant to MMC 18.16.040, unreasonable obstructions of views or sunlight by uncontrolled growth or maintenance of trees may constitute a private nuisance subject to redress as set forth in Chapter 18.16 MMC. (Ord. 923 § 33, 2015) 46 AGENDA ITEM 2.1 Chapter 20.52 TREE MANAGEMENT CODE Sections: 20.52.010 Purpose and intent. 20.52.015 General provisions and applicability. 20.52.020 Applicability of the tree management code. 20.52.025 Repealed. 20.52.030 Exemptions. 20.52.040 Using this chapter. 20.52.050 Designation of significant tree species. 20.52.060 Repealed. 20.52.070 Repealed. 20.52.080 Repealed. 20.52.090 Repealed. 20.52.100 Designation of land under development. 20.52.110 Repealed. 20.52.120 Legacy and Landmark tree protection measures. 20.52.130 Minimum preservation standards for land under development. 20.52.140 Supplemental tree standards and priorities. 20.52.150 Minimum restoration standards for land not under development. 20.52.160 Repealed. 20.52.200 Hazard tree risk assessment. 20.52.210 Nuisance tree. 20.52.220 City arborist established. 20.52.300 Notice of tree removal involving no construction. 20.52.310 Tree activity permits. 20.52.320 Tree preservation plan. 20.52.330 Fee-in-lieu of supplemental plantings. 20.52.340 Tree protection measures during construction. 20.52.400 City tree removals. 20.52.410 Minimum street tree standards. 20.52.420 Owner responsibility within city rights-of-way. 20.52.500 Liability. 20.52.510 Other general provisions. 20.52.010 Purpose and intent. A. The purpose of the tree management code is to preserve the existing sylvan appearance through long-term preservation and planting of trees that contribute to the community’s distinct features including proximity to the lakeshore, views, heavily landscaped streetscapes, and large tracts of public and private open spaces. B. The intent of this chapter is to establish regulations and standards that: 1. Protect and preserve the existing tree canopy; 47 AGENDA ITEM 2.1 2. Provide homeowners flexible standards that encourage the preservation of trees while recognizing the importance of having access to sunlight and views; 3. Recognize through the standards in this chapter that certain factors may require the removal or pruning of certain trees due to circumstances such as disease, danger of falling, proximity to structures and improvements, interference with utility services, protection of view and sunlight, and the reasonable enjoyment of property; 4. Encourage best practices for the planting and managing of trees appropriately to minimize hazards, nuisances, and maintenance costs while allowing access to sunlight and views; 5. Prevent the indiscriminate removal or destruction of trees except as provided for in accordance with this chapter; 6. Promote building and site planning practices consistent with the purpose and intent of this chapter; 7. Ensure prompt development, restoration, replanting and effective erosion control of property after tree removal with landscape plans and other reasonable controls; and 8. Foster public education on the local urban forestry program and encourage good tree management consistent with this chapter. (Ord. 923 § 9, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.020 Applicability of the tree management code. A. No person or their representative, directly or indirectly, shall remove or destroy trees located on private property or public property within the jurisdictional boundaries of the city except as provided for in accordance with this chapter. B. Additional tree management requirements are set forth in the Medina shoreline master program as provided in MMC 20.66.050. (Ord. 923 § 10, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.025 Using this chapter. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.030 Exemptions. The following are exempt from the requirements in this chapter: A. Trees less than six inches diameter breast height unless the tree is used to satisfy a requirement of this chapter; B. Normal and routine trimming and pruning operations and maintenance of trees and vegetation on private property following the most current ANSI standards; C. Emergency tree removal or hazard pruning for any tree that poses an imminent threat to life or property provided: 1. The city is notified within seven days after the emergency tree removal or hazard pruning takes place and evidence is provided of the imminent threat supporting the emergency tree removal; and 48 AGENDA ITEM 2.1 2. If evidence of the imminent threat is not provided, or the director determines the evidence does not warrant an emergency tree removal, the director may require the responsible person to obtain a permit as prescribed by this chapter and require compliance with the requirements of this chapter; D. Trimming and pruning operations and maintenance of trees and vegetation following the most current ANSI standards or removal of trees performed by the city or a contractor contracted by the city within a public right-of-way or city-owned parkland; E. Removal of trees and vegetation management by the city or an agency under contract with the city for purposes of installing and maintaining fire hydrants, water meters, pumping stations, or similar utilities; or F. The removal of a dead tree where the director pre-determines that the tree died from naturally occurring causes. (Ord. 923 § 12, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.040 Using this chapter. This chapter prescribes the requirements for tree preservation and planting on lands undergoing development, and the requirements for removal of significant trees on private and public lands. Diagram 20.52.040 offers a user’s guide that outlines the general process for applying the provisions of this chapter. 49 AGENDA ITEM 2.1 Diagram 20.52.040 * Denotes no further action required. 20.52.050 Designation of significant tree species. A. A list of suitable tree species consisting of coniferous and deciduous trees is set forth in the document entitled “City of Medina List of Suitable Tree Species,” adopted by Ordinance No. 923 and on file with the city for the purpose of establishing significant tree species on private property, public property, and city rights-of-way; and tree species that are eligible for credits in this chapter. B. The director shall maintain the “City of Medina List of Suitable Tree Species” document at Medina City Hall and may administratively modify the list consistent with the following criteria: 1. The designation of coniferous trees should include all species excluding tree species known to have invasive root structures and to be fast growing such as Leyland cypress and should also exclude trees planted, clipped or sheared to be used as a hedge; Is a tree being removed? Tree Code Is the land under development? See MMC 20.52.100 Determine Required Tree Units MMC 20.52.130(B) Yes No Is the tree a significant species? See MMC 20.52.050 & Suitable Tree Species List No* Yes Yes Determine Tree Restoration Requirements See MMC 20.52.150 Submit tree preservation plan See MMC 20.52.320 Follow objectives of tree preservation plan In MMC 20.52.320 Is a tree being removed? Yes No Is the proposal exempt? See MMC 20.52.030 Determine Net Existing Tree Units MMC 20.52.130(C) Determine if supplemental trees are required MMC 20.52.130(D) Is the tree a Legacy or Landmark Tree? See MMC 20.52.120 Yes No Determine tree permit See MMC 20.52.310 Determine tree permit See MMC 20.52.310 City Trees See MMC 20.52.400 No* Retain Tree* 50 AGENDA ITEM 2.1 2. The designation of deciduous trees should include those suitable to United States Department of Agriculture Plant Hardiness Zones 8 and 9, excluding those trees with crown diameter of 10 feet or less at maturity; 3. Plantings of the following tree species within the city’s rights-of-way shall be prohibited: London plane, quaking aspen, Lombardy poplar, bolleana poplar, cottonwood, and bigleaf maple. C. The director shall submit proposals to modify the “City of Medina List of Suitable Tree Species” to the city council for their consideration. The city council may approve, modify or deny the proposed modifications. The city council may also decline to take action on the proposed modifications, in which case the modifications shall be incorporated into the list and take effect five days after the date the city council declines to take action. D. The “City of Medina List of Suitable Tree Species” is used in conjunction with the definition of significant tree set forth in MMC 20.12.200 to denote the term significant tree as used in this chapter. (Ord. 923 § 14, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.060 Notice of tree removal involving no construction. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.070 Tree removal and replacement plan. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.080 Designation of significant tree species. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.090 Tree replacement requirements. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.100 Designation of land under development. Land is designated as under development for purposes of this chapter if one or more of the following conditions is present: A. Any development activity requiring a building permit where: 1. Construction of a dwelling having a gross floor area of 2,500 square feet or more; 2. Construction of accessory buildings on property containing a residential use, or supporting a residential use, where the total gross floor area of all accessory buildings on the lot is 1,000 square feet or more; 3. Any building constructed to be occupied principally by a nonresidential use where the gross floor area of the building is 1,000 square feet or more; 4. Any series of exterior alterations, modifications or additions that over a four-consecutive- year period increases the total building footprint on a lot by more than 500 square feet or 15 percent, whichever is larger; 51 AGENDA ITEM 2.1 5. Construction of any structures, including but not limited to driveways, decks, patios, and walkways, that over a four-consecutive-year period increases the impervious surface on the lot by a total of 2,000 square feet or more; 6. Grading that over a four-consecutive-year period totals 2,000 cubic yards or more. B. Any development activity requiring a building permit, a right-of-way permit, and/or a land use or shoreline permit where: 1. One or more significant trees are removed, with at least one tree having a 10-inch diameter breast height or larger size; or 2. Four or more significant trees are removed, provided each has less than a 10-inch diameter breast height size; and 3. The criteria in subsections (B)(1) and (2) of this section shall include the following trees: a. Significant trees removed within two years prior to the submittal of an application for such permits; or b. Significant trees removed within two years after such permits are finalized by the city and the project completed. C. Clearing or grubbing of land that: 1. Is located outside of city rights-of-way; 2. Requires no permits, except for a tree permit; and 3. Removes four or more significant trees, with at least four trees having a 10-inch diameter breast height or larger size, over a four-consecutive-year period. D. The counting of removed trees under subsections (B) and (C) of this section shall not include those trees designated as a hazard or nuisance tree pursuant to MMC 20.52.200 and 20.52.210, respectively. (Ord. 925 § 1, 2015; Ord. 923 § 16, 2015; Ord. 909 § 2 (Att. A), 2014) 20.52.015 General provisions and applicability: Where land is designated as under development pursuant to MMC 20.52.100, the preservation of healthy trees shall be considered in accordance with the following guidance: 1. Tree preservation shall be included as a primary step in site planning and shall be achieved by meeting the minimum required tree units established in Table 20.52.130(B). 2. Site design strategies and specific development site areas demonstrating preservation of significant trees shall be presented at the pre-application meeting with the city. 3. A tree preservation plan shall be required that demonstrates the objectives outlined in MMC 20.52.320. 52 AGENDA ITEM 2.1 4. Any applicable grading plans, pursuant to MMC Chapter 20.43, shall be developed to avoid significant alteration to the grades around preserved trees. 5. Multiple applications of the tree preservation requirements in this chapter over a 10-year period shall not cause the number and size of trees required to be retained to be reduced below the number and size of trees required to be retained with the first application. 6. When calculating tree preservation requirements, trees excluded from preservation requirements shall not be included in the calculation. 7. For the purpose of calculating tree density requirements, critical areas and their associated buffers shall be excluded from the lot area used for calculation (example: a 16,000 square foot lot has a stream running through its property that encompasses 1,500 square feet including the stream buffer. The lot area used for tree density calculation would be 14,500 square feet (16,000 – 1,500 = 14,500) provided: a. Critical areas shall be limited to wetlands, streams, geologically hazardous areas, conservation easements, and their associated buffers as described in MMC Chapters 20.50 and 20.67; and b. Removal of any vegetation or woody debris, including trees, from a critical area is subject to the regulations in MMC Chapters 20.50 and 20.67. 8. All of the following shall be excluded from the requirements of this chapter: a. Hazard trees designated pursuant to MMC 20.52.200; b. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable, re-development does not remedy the conditions causing the nuisance; c. Those significant trees having less than a 24-inch diameter breast height size and located within the footprint of the principal building on the lot. 20.52.110 Repealed. 20.52.120 Legacy and Landmark tree protection measures. This section applies to trees designated as Legacy and Landmark trees, which are native trees that because of their age, size and condition are recognized as having outstanding value in contributing to the character of the community. Legacy and Landmark trees within the shoreline jurisdiction are regulated in MMC 20.66.050. A. A Legacy or Landmark tree shall be designated by meeting the following criteria: 1. Legacy tree: a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable Tree Species”; and 53 AGENDA ITEM 2.1 b. The diameter breast height of the tree is 36 inches or larger but less than 100 inches; and c. The city arborist determines the tree to be healthy with a likelihood of surviving more than 10 years based on assumptions that: i. The tree is properly cared for; and ii. The risk of the tree declining or becoming a nuisance is unenhanced by any proposed development. 2. Landmark tree: a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable Tree Species”; and b. The diameter breast height of the tree is 100 inches or larger; and c. The city arborist determines the tree to be healthy with a likelihood of surviving more than 10 years based on assumptions that: i. The tree is properly cared for; and ii. The risk of the tree declining or becoming a nuisance is unenhanced by any proposed development. B. Legacy and Landmark trees shall be preserved and retained unless replacement trees are planted in accordance with the following: 1. Legacy tree: a. The quantity of replacement trees is calculated by multiplying the diameter breast height of each subject Legacy tree by the required percentage standards in Table 20.52.120(B) to establish the number of replacement inches; and b. All fractions of this section shall be rounded up to the next whole number. Table 20.52.120(B) Legacy Tree Replacement Requirements Square Footage of the Lot Area Required number of replacement caliper inches Less than 10,001 10% removed DBH From 10,001 to 13,000 15% removed DBH From 13,001 to 15,000 25% removed DBH From 15,001 to 20,000 35% removed DBH 54 AGENDA ITEM 2.1 Square Footage of the Lot Area Required number of replacement caliper inches Greater than 20,000 50% removed DBH The following example illustrates how to calculate legacy tree replacement units for a lot less than 10,001 square feet: Lot size: 8,120 sq. ft. Required tree units: 8,120 / 1,000 x 0.4 (tree density ratio) = 3.2 (rounded up to the next whole number) = 4 Total existing tree units on site: 6.5 units Eight 10-inch DBH trees – 4 units (.5 units per tree) Two 24-inch DBH trees - 1.5 units (.75 units per tree) One 44-inch DBH Tree – 1unit (1 unit per tree) Total tree units removed: 3 Four 10-inch DBH trees = 2 units removed One 44-inch DBH tree = 1 unit removed Net tree units: 3.5 Supplemental Units Required: Yes (4 required tree units – 3.5 net tree units) = .5 Legacy Tree Removed: Yes – One 44-inch DHB tree Legacy Tree Supplemental Units: 10% x 44 = 4.4 (rounded up to the next whole number) = 5 Landmark Tree Removed: No Total supplemental Requirements = 5.5 units (.5 supplemental units + 5 legacy supplemental units) = 6 trees 2. Landmark tree: a. The quantity of replacement inches is calculated by multiplying the diameter breast height of each subject Landmark tree by 100 percent to establish the minimum number of replacement inches; and b. All fractions of this section shall be rounded up to the next whole number. C. In lieu of planting the replacement trees prescribed in subsection (B) of this section, an applicant may satisfy the tree replacement requirements by meeting the criteria set forth in MMC 20.52.330. D. Other Provisions. 1. Each replacement tree shall meet the standards prescribed in MMC 20.52.140; 2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall apply to the removal of a Legacy and Landmark trees in lieu of and in addition to requirements for removing nonlegacy trees; 55 AGENDA ITEM 2.1 3. The tree replacement requirements set forth in this section for a Legacy and Landmark tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing tree unit gap; 4. If the minimum preservation standards in MMC 20.52.130 are used, and if supplemental tree units are required, the tree replacement requirements set forth in subsections (B) and (C) of this section shall together count as one supplemental tree unit; 5. Off-site tree planting as described in MMC 20.52.140(C)(2) are acceptable alternatives to on-site replacement tree planting provided the director or designee approves of the off-site location in writing. 20.52.130 Minimum preservation standards for land under development. A. The requirements and procedures set forth in this section shall apply to lands that are designated as under development pursuant to MMC 20.52.100. Figure 20.52.130 outlines the primary steps prescribed by this section in establishing requirements and determining compliance with this chapter. Figure 20.52.130 Tree Preservation Process B. Lots with land under development shall contain a sufficient number of significant trees to meet the minimum required tree units established by the following procedures: 1. The lot area is divided by 1,000 square feet; and 2. The quotient is multiplied by the corresponding tree density ratio applicable to the lot as set forth in Table 20.52.130(B); and Calculate Net Existing Tree Units Calculate Required Tree Units (Minimum Preservation Standard) Lot Area / 1,000 Multiply by Tree Density Ratio Determine Existing Tree Units Subtract Tree Units of Trees Removed Calculate Required Supplemental Trees If Difference is Zero or Negative If Difference is Positive No Supplemental Trees Required Subtract Net Existing Tree Units from Required Tree Units 56 AGENDA ITEM 2.1 3. The resulting product is rounded up to the next whole number to establish the minimum number of required tree units. Table 20.52.130(B) Tree Density Ratio Zoning District Category of Land Use Tree Density Ratio R-16, R-20, R-30 & SR-30 Residential 0.40 Golf Course 0.15 Nonresidential other than specifically listed 0.25 Public Schools 0.15 Parks 0.42 Residential 0.40 Nonresidential other than specifically listed 0.25 N-A All 0.25 State Highway All 0.12 C. To determine compliance with the required tree units applicable to the lot, apply the following procedures: 1. Inventory all existing significant trees on the subject lot; and 2. Assign a tree unit to each significant tree using the corresponding tree unit set forth in Table 20.52.130(C); and 3. Add the tree units together to compute the total existing tree units and subtract the tree units of those significant trees removed to determine the net existing tree units (do not round fractions); and 4. Subtract the net existing tree units from the required tree units determined in this subsection (C) to establish: a. If the net existing tree units equal or exceed the required tree units then no supplemental trees are required; or b. If the net existing tree units are less than the required tree units then supplemental trees are required pursuant to subsection (D) of this section. 57 AGENDA ITEM 2.1 Table 20.52.130(C) Existing Tree Unit Tree Type Diameter Breast Height of Existing Tree Tree Unit Deciduous 6 to 10 inches 0.5 Greater than 10 inches 0.75 Coniferous 6 to 10 inches 0.5 Greater than 10 inches, but less than 36 inches 0.75 36 inches and greater 1.0 D. If supplemental trees are required, the quantity of trees is determined by applying the following procedures: 1. Determine if a pre-existing tree unit gap exists by subtracting the total existing tree units from the required tree units: a. If the difference is less than zero round to zero; b. A difference of zero means no pre-existing tree unit gap is present; c. If the difference is greater than zero, the difference is the pre-existing tree unit gap; 2. To calculate the quantity of supplemental trees required, apply the provisions in subsection (D)(3) of this section first to those supplemental trees replacing an existing significant tree starting in order with the largest tree to the smallest tree, and then, if applicable, apply subsection (D)(3) of this section to those filling a pre-existing tree unit gap; 3. The quantity of supplemental trees is determined by: a. Assigning a tree unit to each supplemental tree using Table 20.52.130(D); b. Two supplemental trees shall be required for replacing each existing significant tree having a diameter breast height of 24 inches and larger subject to the limitation in subsection (D)(3)(d) of this section, and consistent with subsection (D)(2) of this section these shall be counted first; c. The quantity of supplemental trees shall be of a sufficient number that their total assigned tree units added to the net existing tree units shall equal or exceed the minimum required tree units established in subsection (B) of this section; and d. Supplemental trees in excess of those needed to meet the minimum required tree units shall not be required. e. See Diagram 20.52.130 for an example of calculating supplemental trees. 58 AGENDA ITEM 2.1 Table 20.52.130(D) Supplemental Tree Unit Purpose of Supplemental Tree Diameter Breast Height of Removed Tree Tree Unit for Supplemental Trees Replace an existing significant tree 6 inches to less than 24 inches 1.0 24 inches and larger 0.5 Fill a pre-existing tree unit gap Not applicable 1.0 Diagram 20.52.130 Example Calculating Supplemental Trees 20.52.140 Supplemental tree standards and priorities. A. To be eligible as a supplemental tree, the tree species must be selected from the appropriate list set forth in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050 and shall meet the following general requirements: Inventory Existing Significant Trees: • Three 30-inch DBH trees • One 10-inch DBH tree • One 6-inch DBH tree Determine Required Tree Units: • 15,000 sq. ft./ 1,000 sq. ft. X 0.40 Tree Density Ratio Significant Trees Removed: • Two 30-inch DBH trees • One 6-inch DBH trees Calculate Required Supplement Trees: • 2 to replace 30-inch DBH tree = 1.0 tree unit • 2 to replace 30-inch DBH tree = 1.0 tree unit • 1 to replace 6-inch DBH tree = 1.0 tree unit • 3 to Fill 2.75 Pre-existing Gap = 3.0 tree units • Net Existing Tree Units = 1.25 tree units Total: 7.25 tree units Determine if Supplemental Trees required: • 6.0 Tree Units – 1.25 Tree Units 8 supplemental trees required 3.25 Existing Tree Units 2.75 Pre-existing Tree Unit Gap 6.0 Required Tree Units 1.25 Net Existing Tree Units 4.75 Tree Units Determine pre-existing tree unit gap 59 AGENDA ITEM 2.1 1. Each supplemental tree shall have a minimum caliper of two inches, or, if the tree is coniferous, it shall have a minimum height of six feet at the time of final inspection by the city; 2. Trees shall be planted in a manner of proper spacing and lighting that allows them to grow to maturity; 3. Existing trees within the boundaries of the lot having less than six inches diameter breast height may count as supplemental trees provided the tree meets all other requirements applicable to a supplemental tree; 4. Supplemental trees replacing existing significant trees shall have at least one tree be of the same plant division (coniferous or deciduous) as the significant tree it is replacing; and 5. The owner of the subject lot shall take necessary measures to ensure that supplemental trees remain healthy and viable for at least five years after inspection by the city and the owner shall be responsible for replacing any supplemental trees that do not remain healthy and viable for the five years after inspection by the city. B. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as a significant tree for the purpose of this chapter. C. Where supplemental trees are required pursuant to MMC 20.52.130(D), the trees shall be planted in the following order of priority: 1. On-site and adjacent right-of-way. The preferred locations for on-site supplemental trees are in the following order of priority from most important to least important: a. Adjacent to critical areas and their associated buffers as defined in MMC Chapters 20.50 and 20.67; b. At a minimum 20% of the trees shall be within the site perimeter as follows: i. 10% within the first 15 feet of the front property line. ii. 10% within the first 15 feet of the rear property line. c. Adjacent to a low impact development (LID) stormwater facility; d. Within the immediately adjacent right-of-way. 2. Off-site. An owner may elect to plant the required trees off-site upon written request, and approval from the City. Except where contribution to the Medina tree fund is used in lieu of planting required trees, application of this section shall not result in planting trees below the minimum requirements for on-site plantings. Off-site locations include: a. City-owned properties; 60 AGENDA ITEM 2.1 b. Street rights-of-way not immediately adjacent to the property; c. Private property with the written consent of the owner of the off-site location; d. Other public property with the written consent of the entity with jurisdiction over the off-site location; e. Any other property determined appropriate by the director. 3. Fee-in-Lieu. If the director or designee determines there is insufficient area to replant on- site or within the adjacent public right-of-way, the director or designee may authorize payment of a fee-in-lieu in accordance with MMC. 20.52.330. D. An owner may elect a combination of planting trees on site, off site and/or fee-in-lieu upon written request, and approval by the City, provided: 1. The combination is consistent with the provisions of this chapter; and 2. The combination results shall be equivalent to or greater than the minimum requirements for on-site plantings. E. Consistent with the authority granted in MMC 20.10.040, the director may establish additional administrative rules as necessary relating to the care and maintenance of off-site trees. F. Existing trees at the off-site location shall not be included as satisfying tree planting requirements. G. Trees planted off-site in lieu of on-site requirements shall not be counted as existing trees on the property where the off-site tree is located. 20.52.150 Minimum restoration standards for land not under development. A. The requirements set forth in this section apply to tree removals on lots not meeting the criteria for land under development set forth in MMC 20.52.100. B. Removal of significant trees on a lot, including hazard and nuisance trees, is authorized only if the restoration requirements in Table 20.52.150 are satisfied, or if the property meets the requirements prescribed in subsection (K) of this section. Table 20.52.150 Tree Restoration Standards Diameter Breast Height of Removed Tree Restoration Requirements Each Significant Tree 6 to 10 inches Plant one tree Greater than 10 inches, but less than 24 inches Plant two trees 61 AGENDA ITEM 2.1 Diameter Breast Height of Removed Tree Restoration Requirements 24 inches and larger Plant three trees Legacy trees See MMC 20.52.120 Hazard trees – 10 inches and larger Plant one tree C. To be eligible as a restoration tree, the tree species must be selected from the appropriate list in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050. D. Restoration trees shall be planted within the boundaries of the lot, except as authorized pursuant to subsection (J) of this section. E. Restoration trees shall be planted in a manner of proper spacing and lighting that allows them to grow to maturity. F. Each restoration tree shall have a minimum caliper of two inches or, if the tree is coniferous, it shall have a minimum height of six feet at the time of final inspection by the city. G. Existing trees on site having less than six inches diameter breast height may be included as restoration trees provided: 1. The subject tree is located within the boundaries of the lot; and 2. The subject tree meets all of the other requirements applicable to restoration trees. H. The owner of the subject lot shall take necessary measures to make certain that restoration trees remain healthy and viable for at least five years after inspection by the city and the owner shall be responsible for replacing any restoration trees that do not remain healthy and viable for the five years after inspection by the city. I. All trees used to satisfy the restoration requirements of this chapter shall be included as a significant tree for purposes of this chapter. J. In lieu of the tree restoration requirements prescribed by this section, an owner may satisfy the requirements for restoration trees by meeting the requirements for off-site tree planting set forth in MMC 20.52.140. K. The restoration requirements in Table 20.52.150 for removing significant trees shall be waived if the following criteria are satisfied: 1. The subject lot contains a sufficient number of significant trees to meet the performance standard for required trees established in MMC 20.52.130; and 2. The owner demonstrates that removal of the significant tree, including hazard and nuisance trees, will not result in a failure to meet the performance standards for required trees established in MMC 20.52.130. (Ord. 923 § 20, 2015; Ord. 909 § 2 (Att. A), 2014) 62 AGENDA ITEM 2.1 20.52.160 Lots 12,000 square feet or less. Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014) 20.52.200 Hazard tree risk assessment. A. Hazard trees are trees assessed by the city arborist as having a high to extreme risk rating using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) method in its most current form. B. Steps in the TRAQ method in developing a tree risk rating include the following: 1. Identify possible targets and estimate occupancy rate; 2. Inspect tree and identify tree parts that could fail and strike targets (referred to as failure mode); 3. For each significant failure mode identified: a. The likelihood of failure is assessed; b. The likelihood of a tree part impacting a target is assessed; c. The likelihood of a tree failure impacting a target is assessed; d. Consequences of failure are estimated; e. The risk is designated pursuant to the matrix in Table 20.52.200(C); f. Possible mitigation treatments to reduce the risk are identified; g. The risk is again designated pursuant to the matrix in Table 20.52.200(C) after mitigation treatment is completed. 4. When assessing the risk of a tree, the city arborist shall evaluate the tree based on existing conditions and shall exclude possible impacts caused by new development, any land alteration activity, or other similar such activities that might otherwise unnaturally cause the risk rating to increase. C. The following table is from the International Society of Arborists TRAQ method and denotes the risk rating matrix used to assess levels of tree risk as a combination of likelihood of a tree failing and impacting a specified target, and the severity of the associated consequences should the tree or any part of the tree fail: Table 20.52.200(C) Tree Risk Rating Matrix Likelihood of Failure or Impact Consequences Negligible Minor Significant Severe Very Likely Low Risk Moderate Risk High Risk Extreme Risk Likely Low Risk Moderate Risk High Risk High Risk 63 AGENDA ITEM 2.1 Likelihood of Failure or Impact Consequences Negligible Minor Significant Severe Somewhat likely Low Risk Low Risk Moderate Risk Moderate Risk Unlikely Low Risk Low Risk Low Risk Low Risk 1. The consequences listed in Table 20.52.200(C) have meanings as follows: a. Extreme Risk. This category applies to trees in which failure is “imminent” and there is a high likelihood of impacting a target, and the consequences of the failure are “severe.” b. High Risk. This category applies to situations in which consequences are significant and likelihood is “very likely” or “likely,” or when consequences are “severe” and likelihood is “likely.” c. Moderate Risk. This category applies to trees in which consequences are “minor” and likelihood is “very likely” or “likely” or when likelihood is “somewhat likely” and the consequences are “significant” or “severe.” d. Low Risk. This category applies to trees in which consequences are “negligible” and likelihood is “unlikely”; or when consequences are “minor” and likelihood is “somewhat likely.” 2. Definitions of TRAQ method terminology that are not set forth in this chapter or Chapter 20.12 MMC can be found in the article “Qualitative Tree Risk Assessment” by E. Thomas Smiley, Nelda Matheny, and Sharon Lilly on file at Medina City Hall. 3. Potential targets are permanent structures or an area of moderate to high use. Where a target does not exist, applicants should consider routine pruning and maintenance to mitigate hazards. D. Where a tree is found to have a high or extreme risk, the city arborist may authorize hazard pruning to mitigate the risk rather than removing the entire tree. E. If the city arborist assesses a tree to have a high or extreme risk and mitigation of the risk through pruning or moving of potential targets is not feasible, the city arborist shall designate the tree a hazard tree. (Ord. 923 § 22, 2015) 20.52.210 Nuisance tree. A. A nuisance tree, for purposes of this chapter, is a tree whose branches, stem and/or roots cause one or more of the following conditions to exist: 1. Substantial physical damage to public or private structures; 2. A qualified professional provides verification based on conditions on the property that substantial physical damage will occur within five years to a building containing a principal use; 64 AGENDA ITEM 2.1 3. Substantially impairs, interferes or restricts streets, sidewalks, sewers, power lines, utilities or other public improvements; 4. Substantially impairs, interferes, or obstructs any street, private lane, or driveway; or 5. The tree is diseased and restoration of the tree to a sound condition is not practical. B. Designation of a nuisance tree is by the director following receipt of a written request and findings are made supporting a nuisance designation using the following criteria: 1. One or more of the conditions in subsection (A) of this section is present; 2. The nuisance associated with the subject tree cannot be corrected by reasonable measures including, but not limited to, pruning, cabling, bracing, or if feasible, relocating structures and other improvements; and 3. Other relevant information provided by the applicant and the city’s inspection of the subject tree. (Ord. 923 § 23, 2015) 20.52.220 City arborist established. The director shall appoint a person to the position of city arborist who shall be assigned responsibility for evaluating the hazardousness of trees and other duties consistent with the requirements of this chapter. (Ord. 923 § 24, 2015) 20.52.300 Notice of tree removal involving no construction. A. Property owners removing a significant tree requiring a permit under MMC 20.52.310, but not undergoing new construction or land alteration activity, shall notify the city at least 10 calendar days prior to the date the tree will be removed. The director may reduce this time with receipt of a written request from the applicant and upon finding that the lesser time will provide the city reasonable notification. B. All property owners removing a nonsignificant tree that does not require a permit are encouraged, but not required, to notify the city of the tree removal at least 48 hours prior to the tree being removed. (Ord. 923 § 25, 2015) 20.52.310 Tree activity permits. A. This section sets forth the criteria for applying permits that implement this chapter. All uses and activities not requiring a permit must still comply with this chapter. B. An administrative tree activity permit meeting the requirements set forth in MMC 20.70.050 is required for the following activities unless a permit is required elsewhere under this section: 1. Land designated under development as determined in MMC 20.52.100; 2. Removal at any time of a significant tree, including hazard and nuisance trees, located on private property or Washington State controlled land associated with the SR 520 highway; 3. Removal of any nonsignificant tree, including hazard and nuisance trees, located on private property or Washington State controlled land associated with the SR 520 highway that is located within 200 feet of Lake Washington pursuant to MMC 20.60.050; 65 AGENDA ITEM 2.1 4. Removal or pruning of any tree that is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; and c. Designated a hazard tree pursuant to MMC 20.52.200, or involving hazard pruning authorized by the director. C. An administrative right-of-way tree activity permit meeting the requirements set forth in MMC 20.71.050 is required for the following activities: 1. Removal of any tree, excluding hazard trees, that is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; c. Application for the permit is made by the owner of property adjoining the right-of- way where the tree is located measured to the centerline of the right-of-way; and d. The removal does not require a nonadministrative right-of-way activity permit under subsection (D) of this section. 2. Pruning of any tree, excluding hazard pruning, that is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; c. Application for the permit is made by an owner of property adjoining the right-of-way where the tree is located measured to the centerline of the right-of-way; and d. Excluding pruning activity that: i. Follows ANSI standards in their most recent form; ii. Does not endanger the life of the tree in the opinion of the director; iii. Does not remove more than 25 percent of the natural canopy of the tree; iv. Does not remove a limb having a diameter greater than three inches; and v. Application for the pruning is made by an owner of property adjoining the right-of- way where the tree is located measured to the centerline of the right-of-way. D. A nonadministrative right-of-way tree activity permit meeting the requirements set forth in MMC 20.72.090 is required for the following activities: 1. Removal of any tree, excluding hazard trees, which is: a. Six inches or larger diameter breast height size; 66 AGENDA ITEM 2.1 b. Located in any open or closed city right-of-way; and c. Application for the permit is made by an owner of property who is not adjoining the right-of-way where the tree is located measured to the centerline of the right-of-way. 2. Pruning or removal of any tree, excluding hazard trees and hazard pruning, for any purpose, which is: a. Six inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; and c. Application for the permit is made by a public or private utility or their agent. 3. Removal at any time of a significant tree, excluding hazard trees, which is: a. Fifty inches or larger diameter breast height size; b. Located in any open or closed city right-of-way; and c. Application for the permit is made by an owner of property adjoining the right-of-way where the tree is located measured to the centerline of the right-of-way. E. A nonadministrative tree activity permit meeting the requirements set forth in MMC 20.72.100 is required for the following: 1. Removal at any time of a significant tree, excluding hazard trees, which is: a. Fifty inches or larger diameter breast height size; b. Located on private property; and c. Located outside of the footprint of a building containing the principal use of the property. 2. The director may modify the procedures for deciding a nonadministrative tree activity permit and approve the application using a Type 2 decision process provided: a. The subject tree is designated a nuisance tree pursuant to MMC 20.52.210; and b. During the public comment period, the city does not receive any written objection to a Type 2 decision decided by the director being used; and c. The approval criteria in MMC 20.72.100 are satisfied. (Ord. 923 § 26, 2015) 20.52.320 Tree preservation plan. A. Permits for lands under development and permits for removing city trees in city rights-of-way shall include a tree preservation plan containing the following information: 1. A survey plan prepared by a Washington State licensed surveyor that includes the following: 67 AGENDA ITEM 2.1 a. Topography of the site at two-foot contour intervals;. b. Critical areas as defined in Chapters 20.50 and 20.67 MMC. 2. A site plan drawing showing the following: a. Proposed improvements, alterations or adjustments to the subject property including, but not limited to, buildings, driveways, walkways, patios, decks, utilities, and proposed contours;. b. Existing structures, whether proposed to remain or proposed for removal. c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property. 3. A tree-planting plan that includes: a. The location, genus, species, common name, and size of all significant trees located within the boundaries of the property and within any adjoining city rights-of-way and notation of which significant trees will be retained and which are proposed to be removed. b. If existing trees that are less than six inches diameter breast height are to be counted as supplemental trees, the location, genus, common name, and size of such tree. c. Compliance with the following objectives: i. Trees shall be incorporated as a site amenity with strong emphasis on tree protection. To the extent possible, forested sites should retain their forested look, value, and function after development. ii. Trees should be preserved as vegetated islands and stands rather than as individual, isolated trees scattered throughout the site. iii. Trees to be preserved shall be healthy and wind-firm as identified by a qualified arborist. iv. Preservation of significant trees as follows: 1. Significant trees which form a continuous canopy. 2. Significant trees located adjacent to critical areas and their associated buffers. 3. Significant trees located within the first 15 feet adjacent to a property line. 4. Significant trees which will be used as part of a low impact development (LID) storm water facility. 68 AGENDA ITEM 2.1 5. Significant trees over sixty (60) feet in height or greater than twenty-four (24) inches diameter breast height. c. For lots larger than 20,000 square feet, excluding lots within the shoreline jurisdiction as defined by MMC 20.66.050, the tree density ratio shall be achieved as follows: i. At least 20 percent of the required significant trees as determined by MMC 20.52.130 shall be retained equally within the site perimeter as follows: 1. 10 percent within the first 15-feet of the front property line. 2.10 percent within the first 15-feet of the rear property line. ii. At least 20 percent of the required significant trees as determined by MMC 20.52.130 shall be retained within the site interior. e. Compliance with the required tree density ratio pursuant to MMC Table 20.52.130(B). f. If applicable, a list of supplemental trees to be planted consistent with the requirements of this chapter;. g. If right-of-way trees are proposed for removal, an analysis of the tree mitigation and a list of replacement trees to be planted;. h. The list of required tree plantings shall include the size, genus, species and common names. i. As applicable, a proposed landscaping plan that includes the required tree plantings and other vegetation being planted, as appropriate, for determining compliance with other provisions of the Medina Municipal Code (i.e., grading and drainage and shoreline master program regulations). B. The director may authorize modifications to the tree preservation plan on a case-by-case basis that reduce submittal requirements if the director concludes such information to be unnecessary. C. The director may require additional information to be included with the tree preservation plan, such as tree protection measures, where the director concludes the information is necessary to determine compliance with this chapter. D. The applicant may combine the survey, site plan drawing, and/or tree preservation plan into a single document, or may combine the required information with other documents, provided the city determines the submitted information is reasonably easy to understand. All plans shall be drawn to a scale acceptable by the director. E. Permits not involving land under development do not require a tree preservation plan. However, this shall not preclude the director from requiring such information as necessary to determine compliance with this chapter. 69 AGENDA ITEM 2.1 20.52.330 Fee-in-lieu of supplemental plantings. A. The director or designee may authorize payment of a fee-in-lieu provided: 1. There is insufficient area on the lot or adjacent right-of-way to meet the number of replacement inches prescribed by MMC 20.52.130; or 2. Tree replacement provided within public right-of-way or a city park in the vicinity will be of greater benefit to the community. 3. Fees shall be provided in lieu of on-site tree replacement based upon the following: a. The expected tree replacement cost including labor, materials, and maintenance for each replacement tree; and b. The most current Council of Tree and Landscape Appraisers Guide for Plant Appraisal. 5. The applicant executes a written agreement with the City demonstrating compliance with the criteria in this section. 20.52.340 Tree protection measures during construction. A. Tree protection measures shall be implemented and maintained before and during all construction activities to ensure the preservation of significant trees that are planned to be retained. Tree protection measures shall be shown on grading and drainage plans, tree protection plans, and construction mitigation plans. B. Tree protection measures shall include, but are not limited to, the following: 1. Establish tree protection zones and install protective fencing at the drip line or other barriers that are at least four feet in height, except where tree protection zones are remote from areas of land disturbance, and where approved by the director, alternative forms of tree protection may be used in lieu of tree protective fencing; provided, that the critical root zones of protected trees or stands of trees are clearly delineated and protected; 2. Limit grading levels around subject trees to not raise or lower grades within the larger of the following areas: a. The drip line area of the tree; or b. An area around the tree equal to one foot in diameter for each inch of tree diameter measured at DBH; 3. Installation of a tree well, but only where necessary and only with pre-approval of the city; 4. Designation of areas on site for parking, material and equipment storage, construction ingress and egress, and similar designated areas that do not negatively impact significant trees; 5. Locate trenches for utilities that minimize negative effects on the tree root structure with provisions for filling the trenches with a suitable growing medium in the vicinity of the trees; 70 AGENDA ITEM 2.1 6. Employ measures to protect critical root systems from smothering and compaction; 7. Implement a tree care program during construction to include watering, fertilizing, pruning and pest control; and 8. Measures for the disposal of potentially harmful items such as excess concrete, polluted water runoff, and other toxic materials. C. The director may approve deviations to the tree protection measures set forth in subsection (B) of this section if the director determines that the deviation will provide equal or better tree protection than the required tree protection measure. (Ord. 923 § 28, 2015) 20.52.400 City tree removals. A. This section sets forth the requirements applicable to all trees located on city-owned property and city rights-of-way. B. General Provisions. 1. This section is intended to be of general application for the benefit of the public at large; it is not intended for the particular benefit of any individual person or group of persons other than the general public; 2. In addition to the limits set forth in MMC 20.52.020, no city tree shall be broken, injured, mutilated, killed, destroyed, pruned or removed unless authorized by the provisions of this section; and 3. The exemptions in MMC 20.52.030 apply to this section. C. Pruning and trimming of city trees is permitted provided ANSI standards in their most recent form are followed and the trimming and pruning comply with the requirements for tree activity permits set forth in MMC 20.52.310. D. Removal of a city tree located within an open or closed city right-of-way may be allowed for the following: 1. Hazard trees designated pursuant to MMC 20.52.200; 2. Nuisance trees designated pursuant to MMC 20.52.210; 3. Trees not suitable under utility lines, or in the city right-of-way, as prescribed in the “City of Medina List of Suitable Tree Species”; 4. Any tree having less than a 10-inch diameter breast height size; and any trees not included on the “City of Medina Suitable Tree Species List” for the right-of-way having less than a 36-inch diameter breast height size; 5. Trees where pruning and trimming for utilities caused significant defects to the primary stem of the tree resulting in significant abnormal growth; 6. Trees where removal is necessary to allow vehicle access to a property; 71 AGENDA ITEM 2.1 7. Trees where removal is necessary to restore a view significantly obstructed by the tree provided all of the following criteria are satisfied: a. The owner of the adjoining property to the subject tree and the city both accept allowance to have the tree removed; b. The person claiming the view obstruction establishes the tree causes an unreasonable view obstruction using the provisions established in MMC 18.16.040 through 18.16.080; and c. The approval of a nonadministrative right-of-way activity permit is obtained pursuant to MMC 20.72.090. E. Where subsection (D) of this section allows removal of a city tree, the following shall apply: 1. Removal of city trees, including hazard and nuisance trees, is permitted only if replacement trees are planted in accordance with the requirements in Table 20.52.400(E)(1), except as allowed otherwise by this section; Table 20.52.400(E)(1) Replacement City Trees Diameter Breast Height of Removed Tree Significant/Nonsignificant Tree Species Tree Replacement Each Tree (Include Nuisance Trees) Less than 6 inches All None 6 to 10 inches All Plant one tree Greater than 10 inches, but less than 24 inches Nonsignificant Plant one tree Significant Plant two trees 24 inches and larger Nonsignificant Plant two trees Significant Plant three trees Each Hazard Tree 6 to 10 inches All None Greater than 10 inches All Plant one tree 2. Replacement trees shall meet the following standards: a. To be eligible as a replacement tree, the tree species must be selected from the appropriate list in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050; b. Replacement trees shall be planted within the city right-of-way adjoining the subject lot; 72 AGENDA ITEM 2.1 c. Each replacement tree shall have a minimum caliper of two inches or, if the tree is coniferous, it shall have a minimum height of six feet at the time of final inspection by the city; d. Replacement trees shall be planted in a manner of proper spacing and lighting that allows them to grow to maturity; e. At least one replacement city tree shall be of the same plant division (coniferous or deciduous) as the city tree removed; f. Approval to remove a city tree shall include conditions to make certain that replacement trees remain healthy and viable for at least five years after inspection by the city, including measures to replace those replacement trees that do not remain healthy and viable; 3. In addition to the requirement for replacement trees in subsections (E)(1) and (2) of this section, the public benefits lost due to the removal of the city tree shall be mitigated by paying a contribution to the Medina tree fund in accordance with the following: a. The contribution shall be determined by multiplying the diameter breast height inches of the tree removed (significant and nonsignificant tree species) by a rate of $25.00; b. Where more than one city tree is removed, the contribution for each removed tree shall be added together to produce the total payment to the Medina tree fund; c. The contribution rate for a city tree designated a hazard pursuant to MMC 20.52.200 is zero; d. If removal of the city tree was not authorized by the city at the time of its removal, the contribution rates shall triple and be in addition to any other penalties that might apply; e. Unless a city tree qualifies for the emergency exemption pursuant to MMC 20.52.030(B), city trees removed before a hazard or nuisance determination is made by the city shall be presumed not to be a hazard or a nuisance. F. The following planting requirements apply within the city right-of-way when a city tree is removed: 1. The maximum number of trees in the city right-of-way shall be one tree for each 17 feet of linear public street frontage, or one tree for each 300 square feet of plantable area within the city right-of-way, whichever is greater, adjoining the subject lot; 2. The director may increase the maximum number of city trees prescribed in subsection (F)(1) of this section, provided there is sufficient space in the city right-of-way adjoining the lot to accommodate the increase in city trees; 3. If the tree replacement requirements prescribed in subsection (E) of this section would result in the total number of city trees in the right-of-way to exceed the maximum prescribed in subsection (F)(1) or (2) of this section, an applicant shall contribute $290.00 to the 73 AGENDA ITEM 2.1 Medina tree fund for each replacement tree above the maximum in lieu of planting replacement trees above the maximum; 4. If the tree replacement requirements prescribed in subsection (E) of this section would result in the total number of city trees in the right-of-way to be below the maximum prescribed in subsection (F)(1) or (2) of this section, an applicant may plant additional trees in the right-of-way, subject to the limits in subsection (F)(1) or (2) of this section, and reduce contributions to the Medina tree fund by: a. Six hundred dollars for each coniferous tree planted; b. Five hundred dollars for each deciduous tree planted; and 5. New trees shall not be planted within three feet of the edge of any paved roadway. G. The requirements of this section may be used to satisfy the requirements set forth in MMC 20.52.410. H. Where a proposal includes application of this section and application of MMC 20.52.130 and/or 20.52.150, the requirements for supplemental trees and restoration trees shall be applied independent of the requirements in this section for replacement trees. (Ord. 958 § 3, 2018; Ord. 923 § 29, 2015) 20.52.410 Minimum street tree standards. A. This section shall apply to properties adjoining the following city rights-of-way: 1. Minor arterial and collector street rights-of-way as defined in Chapter 10.08 MMC; 2. NE 8th Street; 3. 82nd Avenue NE between NE 8th Street and NE 12th Street; 4. 84th Avenue NE south of NE 12th Street; and 5. Evergreen Point Road north of 78th Place NE. B. The following street tree standards shall apply when the lot adjoining the right-of-way is under development pursuant to MMC 20.52.100: 1. There shall be at least one city tree planted for each 300 square feet of plantable area within the city right-of-way adjoining the lot with a minimum of two trees planted; and 2. The new city trees planted shall have a minimum two-inch caliper with coniferous trees also having a minimum height of six feet at the time of final inspection; and 3. The requirements of this subsection may be satisfied with existing trees in the adjoining city right-of-way measured to the centerline; and 4. New city trees shall not be planted within three feet of the edge of any paved roadway; and 74 AGENDA ITEM 2.1 5. Trees shall be planted in an informal pattern to create a natural appearance. C. The following exceptions shall apply: 1. Shrubs, trees and plantings within the required sight line areas at private drives, private lane outlets and street intersections shall not interfere with required sight distances; 2. The director may waive the requirements of this section if the right-of-way to be planted is planned for modification in the Medina capital improvements plan. (Ord. 923 § 30, 2015) 20.52.420 Owner responsibility within city rights-of-way. A. All owners of property adjoining a city right-of-way shall be responsible for maintaining all trees, shrubs, and other landscaping planted in the adjoining right-of-way by the property owner or previous owner of the property, or for which responsibility has been assumed by the owner through a recorded agreement with the city. B. All owners of the property adjoining a city right-of-way shall ensure the trees, shrubs and landscaping in the right-of-way adjoining their property do not interfere with the free passage of vehicles and pedestrians or cause any risk of danger to the public or property. C. No hazardous or destructive tree species shall be planted in the city rights-of-way. The city shall maintain a list of suitable trees that are acceptable to be planted in city rights-of-way consistent with MMC 20.52.050. D. The requirements of this section shall apply equally to the city rights-of-way whether the city’s title to the right-of-way was obtained by dedication, condemnation, deed or in any other manner. E. For the purpose of this chapter, an owner shall be considered adjoining up to the centerline of the city right-of-way. (Ord. 923 § 31, 2015) 20.52.500 Liability. Consistent with MMC 20.10.070, nothing contained in this chapter shall be construed or form the basis for any liability on the part of the city, or its officers, agents, consultants or employees, for any injury or damage resulting from any person’s failure to comply with the provisions of this chapter or by reason of or in consequence of any act or omission in connection with the implementation of or enforcement of this chapter. (Ord. 923 § 32, 2015) 20.52.510 Other general provisions. A. Implementation and Costs. 1. All costs associated with trimming and removal of trees shall be the responsibility of the applicant or property owner; and 2. Any tree trimming or removal governed by this chapter shall be performed by a state of Washington licensed tree service contractor, bonded and insured for the liabilities associated with tree removal. B. Survey. The city may require as a condition of approving a tree removal permit that the applicant obtain a survey by a state of Washington licensed surveyor to determine if the trees 75 AGENDA ITEM 2.1 described in the application are located on the subject property, or if a tree is located within a city right-of-way. C. Supplemental Notice. The following shall supplement noticing requirements set forth in MMC 20.80.140(A) when applied to tree activity permits: 1. Notice shall be posted on or near the subject tree or trees in a manner that clearly identifies all trees being considered under the application; 2. The director may approve the use of a variety of reasonable methods to identify trees provided the methods clearly identify all trees being considered under the application; and 3. The director may require additional notices to be posted when, in the opinion of the director, it is determined necessary to provide reasonable notification to the public of a pending application. D. Limitations on Occupancy. A certificate of occupancy shall not be issued until all required tree plantings and landscaping associated with this chapter is complete and receives final approval from the city. Temporary occupancy may be granted pursuant to MMC 20.40.100 before completion of the tree planting and landscaping work provided all of the following criteria are satisfied: 1. The property owner provides a financial guarantee to the city to ensure completion of the tree planting and landscaping; 2. The financial guarantee may take the form of a bond, line of credit, cash deposit, or another form acceptable to the city; 3. The minimum amount of the financial guarantee shall be 150 percent of the estimated cost of landscaping and required tree plantings not completed at the time of the inspection; and 4. Terms of the financial guarantee shall include, but are not limited to, conditions for approving the financial guarantee, a timeframe for the work to be completed, and terms under which the city shall release the financial guarantee. E. View and Sunlight Obstructions Caused by Trees. Pursuant to MMC 18.16.040, unreasonable obstructions of views or sunlight by uncontrolled growth or maintenance of trees may constitute a private nuisance subject to redress as set forth in Chapter 18.16 MMC. (Ord. 923 § 33, 2015) 76 AGENDA ITEM 2.1 Tree Permit Number Address Total Tree Units Total Actual Trees (not in units) Sig. Tree Units Removed Actual Sig. Trees Removed Sig. Tree Units Remain Actual Remaining Sig. Trees Required Tree Units Required Supplemental Tree Units Actual Suplemental Trees Planted (not in units) Sq. Ft. TREE-15-023 2403 76TH AVE NE 60.5 71 20.5 26 40 45 19 None required 0 52,345 TREE-15-024 7916 NE 22ND ST 21.5 22 1.75 1 19.75 21 9 None required 0 24,487 TREE-15-026 1425 80TH AVE NE 5.75 6 1 1 4.75 5 4 None required 0 10,975 TREE-15-032 923 76TH AVE NE 141.75 145 1 1 140.75 144 82 None required 0 232,610 TREE-15-038 3242 78TH PL NE 11.5 13 4.5 5 7 8 7 None required 0 20,023 TREE-15-040 8703 NE 11TH ST 7.75 7 1 1 6.75 6 5 None required 0 12,653 TREE-15-042 3239 EVEGREEN PT RD 22 23 14 15 8 8 7 None required 0 20,000 TREE-15-043 7640 NE 12TH ST 11.25 12 0 0 11.25 12 7 None required 0 19,844 TREE-16-002 8658 NE 7TH ST 33 34 7.5 8 25.5 26 9 None required 0 24,550 TREE-16-003 3225 EVERGREEN POINT RD 0 0 0 0 0 0 8 8 8 20,350 TREE-16-006 2209 79TH AVE NE 5.25 6 2.5 3 2.75 3 3 0.5 1 8,119 TREE-16-013 2000 79TH AVE NE 35.5 38 20.5 22 15 16 14 None required 0 40,642 TREE-16-015 820 80TH AVE NE 8.5 9 2 2 6.5 7 5 None required 0 13,815 TREE-16-023 830 80TH AVE NE 15.25 16 5 5 10.25 11 5 None required 0 13,816 TREE-16-026 1456 76TH AVE NE 15.5 16 10 10 5.5 6 8 3 6 20,373 TREE-16-027 2656 78TH AVE NE 5 6 2 2 3 4 6 3 5 15,564 TREE-16-030 2637 77TH AVE NE 22.25 23 0.75 1 21.5 22 7 None required 0 16,240 TREE-16-031 2426 78TH AVE NE 4.75 5 0.75 1 4 4 3 None required 0 8,119 TREE-16-032 7650 NE 10TH ST 24.5 26 14.25 18 10.25 8 6 None required 0 16,051 TREE-16-033 3311 EVERGREEN POINT RD 33.75 35 8.25 9 25.5 26 10 None required 0 26,136 TREE-16-036 1632 77TH AVE NE 6.25 6 0 0 6.25 6 7 1 1 18,449 TREE-16-037 7841 NE 21ST ST 2.5 3 1.5 2 1 1 9 8 8 24,911 TREE-16-042 1013 84TH AVE NE 8.5 10 0 0 8.5 10 5 None required 0 12,163 TREE-16-048 1625 RAMBLING LN 22.5 23 0 0 22.5 23 18 None required 0 52,707 TREE-16-051 911 87TH AVE NE 6.75 7 2 2 4.75 5 6 1.25 3 17,030 TREE-16-053 7842 NE 21ST ST 35.5 36 17.75 18 17.75 18 9 None required 0 24,345 TREE-16-057 2750 EVERGREEN POINT RD 23 25 13.5 15 9.5 10 6 None required 0 16,963 TREE-16-061 7842 NE 14TH ST 20 21 9 9 11 12 8 None required 0 19,868 TREE-17-001 8400 NE 7TH ST 7.25 8 3 3 4.25 5 9 4.75 7 23,784 TREE-17-003 520 EVERGREEN PT RD 1.25 1 0 0 1.25 1 3 1.75 2 9,600 TREE-17-008 543 OVERLAKE DR E 23 25 1 1 22 24 5 None required 0 13,826 TREE-17-010 619 84TH AVE NE 17.75 18 8 8 9.75 10 8 None required 0 21,625 TREE-17-011 2625 82ND AVE NE 6.75 7 1 1 5.75 6 6 0.25 2 16,355 TREE-17-013 7871 NE 21ST ST 53 55 25.5 26 27.5 29 9 None required 0 25,763 TREE-17-022 3401 EVERGREEN POINT RD 27.25 29 1 1 26.25 28 10 None required 0 27,007 TREE-17-025 2209 79TH AVE NE 2.75 3 0.75 1 2 2 3 1 2 8,119 TREE-17-028 7819 NE 10TH ST 6.75 8 2.5 2 4.25 6 4 None required 0 10,650 TREE-17-033 1306 EVERGREEN POINT RD 20 21 11.75 12 8.25 9 6 None required 0 16,368 TREE-17-038 8233 OVERLAKE DR W 3.5 4 0 0 3.5 4 5 1.5 2 10,668 TREE-17-040 8700 NE 11TH ST 6.25 7 2 2 4.25 5 4 None required 0 11,288 TREE-17-041 7842 NE 10TH ST 11.25 12 6.5 7 4.75 5 6 1.25 2 16,000 TREE-17-044 2612 79TH AVE NE 10 10 2 2 8 8 6 None required 0 16,240 TREE-17-046 2610 82ND AVE NE 4 4 3 3 1 1 5 4 5 15,388 TREE-17-047 7545 NE 28TH PL 24.25 27 12.5 13 11.75 14 13 1.25 15 36,370 TREE-17-048 2841 76TH AVE NE 76 80 11.25 12 64.75 68 16 None required 0 44,789 TREE-17-051 3244 76TH AVE NE 12.25 13 6.5 7 5.75 6 7 1.25 1 21,208 TREE-17-054 8423 Midland Road 5.5 6 2.5 3 3 3 5 2 2 12,920 TREE-17-060 1201 76TH AVE NE 67 67 7 6 60 61 48 None required 0 136,900 TREE-18-002 7852 NE 14TH ST 9.5 10 5.5 6 4 4 3 None required 0 8,675 TREE-18-005 433 86TH AVE NE 5.25 6 0.75 1 4.5 5 7 2.75 5 17680 TREE-18-013 1221 EVERGREEN POINT RD 79.5 86 48.75 51 30.75 35 23 None required 0 67,700 TREE-18-017 202 OVERLAKE DR E 19.25 20 13 14 6.25 6 9.5 3.25 4 26,400 TREE-18-019 515 OVERLAKE DR E 7.5 9 1 1 6.5 8 4 None required 0 9,900 TREE-18-022 3265 EVERGREEN PT RD 18.5 19 11 11 7.5 8 7 None required 0 20,023 TREE-18-023 3267 EVERGREEN PT RD 17 17 12 12 5 5 8.5 3.5 8 23,967 TREE-18-024 3263 EVERGREEN PT RD 19.5 21 10.5 11 9 10 12.25 3.5 8 34,342 TREE-18-031 8426 OVERLAKE DR W 11.75 15 8 10 3.75 5 9 5.25 6 25,828 TREE-18-032 7747 OVERLAKE DR W 23.75 25 13.5 14 10.25 11 22 1.75 5 62,153 TREE-18-035 1024 82ND AVE NE 4 4 1 1 3 3 2.5 None required 0 6,925 TREE-18-037 1655 73RD AVE NE 15.25 18 6 7 9.25 11 9 None required 8 21,720 TREE-18-038 111 84th AVE NE 53 57 24.75 27 28.25 30 28 None required 0 79,918 TREE-19-009 1637 77TH AVE NE 25 26 5.75 6 19.25 20 12 None required 0 32,614 TREE-19-019 607 86th Ave NE 14.25 15 8.75 9 5.5 6 6 0.5 1 17,036 TREE-19-021 2519 82nd Ave NE 9.5 10 2.75 3 6.75 7 5 None required 0 12,024 TREE-19-023 2230 Evergreen Point Rd 14.75 15 7.75 8 7 7 6 None required 0 16,238 TREE-19-024 8080 NE 24TH ST 4.75 5 2 2 2.75 3 6 3.25 5 15,952 TREE-19-026 7648 NE 12th St 25.5 26 16.5 17 9 9 7 None required 0 19,850 TREE-19-032 7838 NE 8TH ST 17 18 7.25 8 9.75 10 6 None required 0 15,971 TREE-19-034 2436 82nd Ave NE 24 24 4.25 4 19.75 20 6 None required 0 15,948 TREE-19-038 2231 78TH AVE NE 10.25 11 4.75 5 5.5 6 12 6.5 9 32,485 TREE-19-044 1848 77th Ave NE 17.25 18 10.75 11 6.5 7 9 2.5 4 25,586 TREE-19-045 226 Overlake Dr E 4.25 5 1.75 2 2.5 3 7 5.5 7 17,820 TREE-19-049 3300 78TH PL NE 21.25 22 12.75 13 8.5 9 7 None required 0 18,675 TREE-19-057 1405 Evergreen Point Rd 39.25 44 0.75 1 38.5 43 12 None required 0 34,105 TREE-19-058 8015 NE 28th St 10.5 11 5.75 6 4.75 5 4 None required 0 9,382 77 AGENDA ITEM 2.1 TREE-19-062 7823 NE 14TH ST 21.25 26 12.75 14 8.5 12 7 None required 0 19,862 TREE-19-063 2019 79TH AVE NE 42.5 43 32.75 33 9.75 10 9 None required 0 23,219 TREE-19-072 2033 77TH AVE NE 2 2 1 1 1 1 3 2 2 8,188 TREE-19-076 8297 Overlake Dr W 24.25 26 7.25 8 17 18 11 None required 0 124,636 TREE-19-080 1010 84TH AVE NE 6.75 9 3.75 5 3 4 4 1 1 8,979 TREE-19-081 442 87TH AVE NE 63 73 28.5 33 34.5 40 21 None required 0 59,480 TREE-20-002 850 80TH AVE NE 20.25 21 11 11 9.25 10 7 None required 0 17,904 TREE-20-004 8909 GROAT PT 3.75 5 0.75 1 3 4 8 5 5 23,188 TREE-20-005 444 OVERLAKE DR E 8.25 10 5 6 3.25 4 5 1.75 3 13,950 TREE-20-006 438 OVERLAKE DR E 20 22 10 12 10 10 7 None required 0 19,970 TREE-20-008 2626 78TH AVE NE 10 10 7 7 3 3 3 None required 0 8,120 TREE-20-009 2632 78TH AVE NE 7 7 2 2 5 5 3 None required 0 8,120 TREE-20-010 1407 76TH AVE NE 23.25 25 5.5 6 17.75 19 11 None required 0 30,004 TREE-20-011 2451 78TH AVE NE 6.75 7 4 4 2.75 3 3 0.25 2 8,119 TREE-20-012 619 84TH AVE NE 21.5 23 2.75 3 18.75 20 8 None required 0 21,625 TREE-20-013 7815 NE 28TH ST 11.5 14 8.5 9 3 5 3 None required 0 8,120 TREE-20-014 1645 73RD AVE NE 5.25 6 5.25 6 0 0 5 5 5 13,300 TREE-20-019 7619 NE 22ND ST 17.25 18 9.5 10 7.75 8 6 None required 0 16,303 TREE-20-042 2036 EVERGREEN POINT RD 17 18 5 5 12 13 6 None required 0 14,850 TREE-20-049 707 OVERLAKE DR E 36.75 39 21.5 23 15.25 16 7 None required 0 19,753 TREE-20-055 8024 NE 8TH ST 60.25 69 41.75 47 18.5 22 8 None required 0 22,879 TREE-20-060 1800 77TH AVE NE 26 27 10.75 11 15.25 16 11 None required 0 29,250 TREE-20-075 7811 NE 10TH ST 14.75 17 0 0 14.75 17 9 None required 0 24,127 TREE-20-080 8425 RIDGE RD 3.5 4 2.5 3 1 1 5 4 4 12,768 TREE-20-081 2621 78TH AVE NE 2 2 2 2 0 0 3 3 3 8,120 TREE-20-082 1686 77TH AVE NE 15.25 15 8 8 7.25 7 11 3.75 8 31,082 TREE-20-085 2627 78TH AVE NE 0 0 0 0 0 0 3 3 3 8,120 TREE-21-001 2226 79TH AVE NE 10 10 4.25 4 5.75 6 9 3.25 8 23,144 TREE-21-008 2604 79TH AVE NE 5.75 6 3.75 4 2 2 4 2 6 10,734 TREE-21-013 7777 OVERLAKE DR W 87.25 90 0.75 1 86.5 89 81 None required 0 230,103 TREE-21-014 550 OVERLAKE DR E 11.75 13 7 7 4.75 6 9 4.25 9 24,756 TREE-21-016 7611 NE 12TH ST 12.75 15 0.75 1 12 14 3 None required 0 8,473 TREE-21-027 2450 78TH AVE NE 1.75 2 1.75 2 0 0 3 3 4 8,119 TREE-21-032 8604 NE 6TH ST 3.5 4 1 1 2.5 3 4 1.5 2 10,239 TREE-21-053 1312 76TH AVE NE 6 6 1 1 5 5 6 1 2 16,200 Total:2146 2290 785 839 1361 1451 1025.75 116 209 78 AGENDA ITEM 2.1 Page 1 of 7 List of Suitable Trees Ordinance 923 July 31, 2015 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 PURPOSE: The suitable tree species listed under each section are for the purpose of establishing significant trees under the Medina Tree Code (Chapter 20.52 Medina Municipal Code). This list includes trees species eligible towards planting requirements.* LIST 1: SIGNIFICANT TREE SPECIES ON PRIVATE PROPERTY** The following trees are designated as significant tree species pursuant to MMC 20.52.050. List 1 is used in conjunction with the definition of “significant tree” set forth in MMC 20.12.200 to denote the application of the term “significant tree” in the Medina Tree Code (Chapter 20.52 MMC). Please note that not all trees in this list are eligible for credit as supplemental or restoration trees. See List 4 for tree species eligible for supplemental tree or restoration tree credit. A. EVERGREENS (CONIFERS): 1. All, except the following: a. Leyland Cypress – Cupressocyparis leylandii b. Arborvitae – Thuja occidentalis c. Italian Cypress - Cupressus sempervirens d. Blue Surprise Port Orford Cedar – Chamaecyparis lawsoniana ‘Blue Surprise’ e. Wissel’s Saguaro False Cypress – Chamaecyparis lawsoniana ‘Wissels Saquaro’ f. Other species not listed that typically have a crown diameter of less than 10 feet at maturity g. Trees planted, clipped or sheared into use as a hedge regardless of species B. DECIDUOUS 1. All that coincide with United States Department of Agriculture hardiness zones 8b and 9a, except the following: a. Swedish Aspen – Populus tremula “Erecta’ b. Skyward Bald Cypress – Taxodium districhum ‘Skyward’ c. Other species not listed that typically have a crown diameter of less than 10 feet at maturity d. Trees planted, clipped or sheared into use as a hedge regardless of species * The list of native trees are those that are naturally occurring and propagating in the Puget Sound lowlands in the last 100 years and coincide with the USDA hardiness zone 8b. ** Private property includes state highway right-of-way. Note: The USDA Plant Hardiness Zones helps determine which plants are most likely to thrive at a location. The zones are based on the average annual minimum winter temperature, divided into 10-degree F zones. CITY OF MEDINA DEVELOPMENT SERVICES 425-233-6414 425-233-6400 Lists of Suitable Trees 79 AGENDA ITEM 2.1 Page 2 of 7 List of Suitable Trees Ordinance 923 July 31, 2015 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 LIST 2: SIGNIFICANT TREE SPECIES ON CITY RIGHTS-OF-WAY This list shall apply only where a tree is removed from city rights-of-way. It is used to distinguish significant and non-significant trees. Tree species eligible for replacement credit in the city right -of-way are set forth in List 6 and 7. A. EVERGREENS (CONIFERS) - NATIVE: 1. Lawson Cypress – Chamaecyparis lawsoniana 2. Alaska Yellow Cedar – Chamaecyparis nootkatensis 3. Western Red Cedar – Thuja plicata 4. Douglas Fir – Pseudotsuga menziesii 5. Engelmann Spruce – Picea engelmannii 6. Grand Fir – Abies grandis 7. Pacific Silver Fir – Abies amabilis 8. Rocky Mountain Juniper – Juniperous scopulorum 9. Mountain Hemlock – Tsuga mertansiana 10. Western Hemlock – Tsuga heterophylla 11. Shore Pine – Pinus contorta var. contorta 12. Sitka Spruce – Picea sitchensis 13. Western White Pine – Pinus monticola B. EVERGREENS (CONIFERS) – NON-NATIVE: 1. None C. DECIDUOUS - NATIVE: 1. Pacific or Western Flowering Dogwood -- Cornus nuttallii 2. Vine Maple --Acer circinatum 3. Red Alder --Alnus rubra 4. Western Hazelnut -- Corylus cornuta 5. Oregon Ash -- Fraxinus latifolia 6. Narrow-leaved Cherry – Prunus emarginata var. mollis 7. Western Serviceberry - Amelanchier alnifolia 8. Black Hawthorn - Crataegus douglasii 9. Cascara - Rhamnus purshiana 10. Oregon White Oak - Quercus garryana 11. Pacific Crabapple - Malus fusca 12. Pacific Willow - Salix lasiandra D. DECIDUOUS – NON-NATIVE: 1. None 80 AGENDA ITEM 2.1 Page 3 of 7 List of Suitable Trees Ordinance 923 July 31, 2015 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 LIST 3: LEGACY TREE SPECIES LIST The following trees are Legacy Tree species that if the criteria in MMC 20.52.120 are present are subject to the replacement requirements for a Legacy Tree. A. EVERGREENS (CONIFERS): 1. Lawson Cypress – Chamaecyparis lawsoniana 2. Alaska Yellow Cedar – Chamaecyparis nootkatensis 3. Western Red Cedar – Thuja plicata 4. Douglas Fir – Pseudotsuga menziesii 5. Grand Fir – Abies grandis 6. Mountain Hemlock – Tsuga mertansiana 7. Western Hemlock – Tsuga heterophylla 8. Pacific Madrone – Arbutus menziesii 9. Shore Pine – Pinus contorta var. contorta 10. Western White Pine – Pinus monticola 11. Sitka Spruce – Picea sitchensis B. DECIDUOUS: 1. None LIST 4: TREE SPECIES ELIGIBLE FOR CREDIT ON PRIVATE PROPERTY This list establishes eligibility requirements for receiving supplemental tree unit or restoration credits under MMC 20.52.130 and MMC 20.52.150 respectively. This list is used for determinin g existing trees that may be included as credit; and new tree plantings on private property that are eligible for credit. The list of native species in Sub-list 4A and 4C apply to determining tree retention requirements in MMC 20.52.110. A. EVERGREENS (CONIFEROUS) - NATIVE: 1. Lawson Cypress – Chamaecyparis lawsoniana 2. Alaska Yellow Cedar – Chamaecyparis nootkatensis 3. Western Red Cedar – Thuja plicata 4. Douglas Fir – Pseudotsuga menziesii 5. Engelmann Spruce – Picea engelmannii 6. Grand Fir – Abies grandis 7. Pacific Silver Fir – Abies amabilis 8. Rocky Mountain Juniper – Juniperous scopulorum 9. Mountain Hemlock – Tsuga mertansiana 10. Western Hemlock – Tsuga heterophylla 11. Shore Pine – Pinus contorta var. contorta 12. Sitka Spruce – Picea sitchensis 13. Western White Pine – Pinus monticola 81 AGENDA ITEM 2.1 Page 4 of 7 List of Suitable Trees Ordinance 923 July 31, 2015 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 B. EVERGREENS (CONIFEROUS) – NON-NATIVE: 1. Korean Fir – Abies koreana 2. Spanish Fir – Abies pinsapo 3. White Fir – Abies concolor 4. Incense Cedar – Calocedrus decurrens 5. Deodar Cedar – Cedrus deodara 6. Atlas Cedar – Cedrus atlantica 7. Cedar of Lebanon – Cedrus libani 8. Moss Cypress – Chamaecyparis pisifera 9. Dwarf Hinoki Cypress – Chamaecyparis obtusa 10. Smooth-barked Arizona Cypress – Cupressus glabra 11. Dawn Redwood – Metasequoia glyptostroboides 12. Swiss Stone Pine – Pinus cembra 13. Austrian Black Pine – Pinus nigra 14. Japanese Black Pine – Pinus thunbergii 15. Japanese Red Pine – Pinus densiflora 16. Japanese Cryptomeria – Cryptomeria japonica 17. Serbian Spruce – Picea omorika 18. Umbrella Pine – Sciadopitys verticillata 19. Bald Cypress – Taxodium distichum 20. Hiba Cedar – Thujopsis dolobrata 21. Canadian Hemlock – Tsuga candadensis C. DECIDUOUS - NATIVE: 1. Pacific or Western Flowering Dogwood -- Cornus nuttallii 2. Vine Maple --Acer circinatum 3. Red Alder --Alnus rubra 4. Western Hazelnut -- Corylus cornuta 5. Oregon Ash -- Fraxinus latifolia 6. Narrow-leaved Cherry – Prunus emarginata var. mollis 7. Western Serviceberry - Amelanchier alnifolia 8. Black Hawthorn - Crataegus douglasii 9. Cascara - Rhamnus purshiana 10. Oregon White Oak - Quercus garryana 11. Pacific Crabapple - Malus fusca 12. Pacific Willow - Salix lasiandra D. DECIDUOUS – NON-NATIVE: 1. None 82 AGENDA ITEM 2.1 Page 5 of 7 List of Suitable Trees Ordinance 923 July 31, 2015 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 LIST 5: REPLACEMENT TREE SPECIES FOR CREDIT ON CITY RIGHTS-OF-WAY The following trees are designated as eligible for receiving replacement credit on the city right-of-way. Trees planted in the rights-of-way shall ensure that sight-distance requirements are maintained and utilities will not become encumbered. If overhead power distribution or transmission lines are within 20 horizontal feet of the planting location, the replacement tree species shall be selected from List 6. A. EVERGREENS (CONIFERS) - NATIVE: 1. Lawson Cypress – Chamaecyparis lawsoniana 2. Alaska Yellow Cedar – Chamaecyparis nootkatensis 3. Western Red Cedar – Thuja plicata 4. Douglas Fir – Pseudotsuga menziesii 5. Engelmann Spruce – Picea engelmannii 6. Grand Fir – Abies grandis 7. Pacific Silver Fir – Abies amabilis 8. Rocky Mountain Juniper – Juniperous scopulorum 9. Mountain Hemlock – Tsuga mertansiana 10. Western Hemlock – Tsuga heterophylla 11. Shore Pine – Pinus contorta var. contorta 12. Sitka Spruce – Picea sitchensis 13. Western White Pine – Pinus monticola B. EVERGREENS (CONIFERS) – NON-NATIVE: 1. Korean Fir – Abies koreana 2. Spanish Fir – Abies pinsapo 3. White Fir – Abies concolor 4. Incense Cedar – Calocedrus decurrens 5. Deodar Cedar – Cedrus deodara 6. Atlas Cedar – Cedrus atlantica 7. Cedar of Lebanon – Cedrus libani 8. Moss Cypress – Chamaecyparis pisifera 9. Dwarf Hinoki Cypress – Chamaecyparis obtusa 10. Smooth-barked Arizona Cypress – Cupressus glabra 11. Dawn Redwood – Metasequoia glyptostroboides 12. Swiss Stone Pine – Pinus cembra 13. Austrian Black Pine – Pinus nigra 14. Japanese Black Pine – Pinus thunbergii 15. Japanese Red Pine – Pinus densiflora 16. Japanese Cryptomeria – Cryptomeria japonica 17. Serbian Spruce – Picea omorika 18. Umbrella Pine – Sciadopitys verticillata 19. Bald Cypress – Taxodium distichum 20. Hiba Cedar – Thujopsis dolobrata 21. Canadian Hemlock – Tsuga candadensis 83 AGENDA ITEM 2.1 Page 6 of 7 List of Suitable Trees Ordinance 923 July 31, 2015 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 C. DECIDUOUS - NATIVE: 1. Pacific or Western Flowering Dogwood -- Cornus nuttallii 2. Vine Maple --Acer circinatum 3. Red Alder --Alnus rubra 4. Western Hazelnut -- Corylus cornuta 5. Oregon Ash -- Fraxinus latifolia 6. Narrow-leaved Cherry – Prunus emarginata var. mollis 7. Western Serviceberry - Amelanchier alnifolia 8. Black Hawthorn - Crataegus douglasii 9. Cascara - Rhamnus purshiana 10. Oregon White Oak - Quercus garryana 11. Pacific Crabapple - Malus fusca 12. Pacific Willow - Salix lasiandra D. DECIDUOUS – NON-NATIVE: 1. None LIST 6: TREE SPECIES FOR CREDIT IN RESTRICTED CITY RIGHT-OF-WAY The tree species in List 7 shall be used for replacement credit in those locations identified as “Restricted R.O.W” in the Medina Landscape Plan set forth in Figure 3 of the Community Design Element of the Medina Comprehensive Plan. The city may accept other tree species not on the list for replacement credit provided the tree is an appropriate species to be planted where overhead utility lines or view corridors necessitate lower tree heights. LIST 7: LOW-GROWING TREE SPECIES SUITABLE NEAR POWER LINES The tree species in this list may be used for replacement credit when replacement trees are planted under or within 20 horizontal feet of overhead power distribution and transmission lines. The city may accept non-native tree species in this list and other non-native tree species not on the list for replacement credit provided the tree is an appropriate species to be planted near power lines. A. EVERGREENS: 1. Mugo Pine – Pinus mugo 2. Tanyosho Pine – Pinus densiflora ‘Umbraculifera’ 3. Dwarf Hinoki Cypress – Chamaecyparis obtusa 'Nana gracilis' 4. Chinese Juniper – Juniperus chinensis 5. Swiss Stone Pine – Pinus cembra 6. Japanese Umbrella Pine – Sciadopitys verticillata 7. Bristlecone Pine – Pinus aristata 8. Dwarf Japanese Red Pine – Pinus densiflora sp 84 AGENDA ITEM 2.1 Page 7 of 7 List of Suitable Trees Ordinance 923 July 31, 2015 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 B. DECIDUOUS: 1. Vine Maple – Acer circinatum 2. Amur Maple – Acer ginnala 3. Rocky Mountain Maple – Acer grandidentatum 4. Paperbark Maple – Acer griseum 5. Japanese Maple – Acer palmatum 6. Pacific Serviceberry – Amelanchier alnifolia 7. Western Serviceberry – Amelanchier grandiflora 8. Japanese Hornbeam – Carpinus japonica 9. Eastern Redbud – Cercis canadensis 10. Corneliancherry Dogwood – Cornus mas 11. Japanese Dogwood – Cornus officinalis 12. European Filbert – Corylus avellana 13. Smoketree – Cotinus sp. 14. Hawthorn – Crataegus sp. 15. Goldenrain Tree – Koelreuteria paniculata 16. Galaxy Magnolia – Magnolia ‘Galaxy’ 17. Star Magnolia – Magnolia stellata 18. Lily Magnolia – Magnolia liliiflora 19. Victoria Southern Magnolia – Magnolia grandiflora ‘Victoria’ 20. Carmine Crabapple -- Malus x atrosanguinea 21. Sargent Crabapple – Malus sargentii 22. Pink Perfection Crabapple – Malus ‘Pink Perfection’ 23. Radiant Crabapple – Malus ‘Radiant’ 24. Strathmore Crabapple – Malus ‘Strathmore’ 25. Persian Parrotia – Parrotia persica 26. Flowering Cherry/Plum – Prunus sp. 27. Amur Chokecherry – Prunus maackii 28. Mt. Fuji Flowering Cherry – Prunus serrulata ‘Shirotae’ 29. Staghorn Sumac – Rhus typhina 30. Red Cascade Mountain Ash – Sorbus americana 'Dwarfcrown' 31. Japanese Stewartia – Stewartia pseuocamellia 32. Japanese Snowbell – Styrax japonicus 33. Japanese Tree Lilac – Syringa reticulata SOURCE FOR IDENTIFYING NATIVE SPECIES: • Kruckerberg, Arthur R. Gardening with Native Plants of the Pacific Northwest – an illustrated guide. Seattle: University of Washington Press, 1982. Print. • Arno, Stephen F. and Hammerly, Ramona P. Northwest Trees – identifying and understanding the regions native trees. Seattle: The Mountaineers, 1977. Print. • Hitchcock, C. Leo and Cronquist, Arthur. Flora of the Pacific Northwest – an illustrated manual. Seattle: University of Washington Press, 1973. Print. • Breen, Patrick. Oregon State University Department of Horticulture Landscape Plants – Images, identification and information (http://oregonstate.edu/dept/ldplants/, September 12, 2013). Corvallis, OR 97331-4501, USA. • USDA, NRCS. 2013. The PLANTS Database (http://plants.usda.gov, 19 September 2013). National Plant Data Team, Greensboro, NC 27401-4901 USA. • USDA Plant Hardiness Zone Map, 2012. Agricultural Research Service, U.S. Department of Agriculture. Accessed from http://planthardiness.ars.usda.gov. 85 AGENDA ITEM 2.1 86 AGENDA ITEM 2.1 87 AGENDA ITEM 2.1 7 9 t h A V E N E NE 21st ST 107' 106' 105' 104' PENTAL RESIDENCE 2 of 4 SEC 25, TWP 25N, RGE 4E SITE DEVELOPMENT SERVICES 3011 RAVEN CREST BELLINGHAM, WA 98226 (425) 481-9687 DAVESDS49@GMAIL.COM EARTHWORK QUANTITIES DRAINAGE & GRADING PLAN SPECIAL NOTES: 18 ft 12 ft 20 ft 8 ft 20 ft 30 ft 12 ft 28 ft 230 sf 26 sf Existing root zone restrictions 146 sf 21% root zone impacts 18 ft 20 ft REMOVAL OF THIS TREE REQUIRES A ROW TREE ACTIVITY PERMIT; TREE MUST BE RETAINED AND PROTECTED 28 ft 7 f t TREE PROTECTION FENCING, TYP. Approved Medina Tree Activity Permit Plan 05/07/2020 11:43:29 AM Tom Early Medina Tree Consultant Tree #4 Tree #6Tree #7 Tree #31 Tree #32 Tree #33 Tree #36 Tree #37 Tree #39 Tree #44 Tree #30 88 AGENDA ITEM 2.1 Attachment F Detailed Lot Analysis The following are approved tree activity permits analyzed using the proposed code changes. Example 1: 707 Overlake Drive (TREE-20-049) This is one of the permits that Steve Wilcox discussed in his presentation. This is a property on a steep slope critical area and is a heavily wooded site. Lot size: 19,753 Critical Area: 222 sq. ft. Area under proposal: 19,531 Zoning: R-16 As Approved/Permitted Total Existing Tree Units: 35.5 Total Tree Units Removed: 20.75 Net Tree Units: 14.75 Required Tree Units (.35): 6.9 = 7 Supplemental Units Required: No Proposed Amendments Total Existing Tree Units: 26.25 Total Tree Units Removed: 15.5 Net Tree Units: 10.75 Required Tree Units (.4): 7.9 = 8 Supplemental Units Required: No Legacy Tree Removed: Yes – Two 36-inch DBH Legacy Tree Supplemental Inches: 35% x 72 = 25.2 (rounded up to the next whole number) = 26 Landmark Tree Removed: No Total Supplemental Requirements = 26 inches Result Although initially the requirement of supplemental tree units was not required in either case, because this project removed two 36-inch DBH trees, under the proposed code those would be classified as Legacy an would trigger the Legacy tree mitigation is triggered. The size of the lot requires mitigation of 35% of the removed DBH which would be 13-inches (12.6 rounded up to the next whole number) per tree for a total of 26 inches. The location of both 36-inch trees were such that a different design could have easily saved them. One of them was likely cut down to create a better view and one was removed for a new walkway. As this was a fairly heavily wooded site in a critical area, it is probable that if the owner did not want to change the design, they would have opted for the fee-in-lieu as this property would realistically not support 26 replacement inches. 89 AGENDA ITEM 2.1 707 Overlake Drive Tree Credit Analysis Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits Reduced Proposal Madrona 6 x 0.75 0.5 Douglas Fir 6 0.75 0.5 Madrona 6 0.75 0.5 Tree 6 x 0.75 0.5 Cedar 6 x 0.75 0.5 Cedar 6 x 0.75 0.5 Deciduous 8 0.75 0.5 Tree 8 x 0.75 0.5 Hemlock 8 x 0.75 0.5 Cedar 10 0.75 0.5 Cedar 10 0.75 0.5 Deciduous 10 x 0.75 0.5 Cedar 10 x 0.75 0.5 Cedar 10 x 0.75 0.5 Cedar 12 1 0.75 Cedar 12 x 1 0.75 Douglas Fir 12 x 1 0.75 Madrona 12 x 1 0.75 Douglas Fir 14 1 0.75 Douglas Fir 16 x 1 0.75 Cedar 18 x 1 0.75 Douglas Fir 22 x 1 0.75 Deciduous 22 1 0.75 Douglas Fir 24 1 0.75 Hemlock 24 1 0.75 Douglas Fir 24 x 1 0.75 Deciduous 26 1 0.75 Douglas Fir 26 x 1 0.75 Douglas Fir 28 1 0.75 Douglas Fir 30 x 1 0.75 Douglas Fir 30 1 0.75 Cedar 30 1 0.75 Douglas Fir 30 x 1 0.75 Douglas Fir 32 1 0.75 Douglas Fir 32 1 0.75 Douglas Fir 32 x 1 0.75 Douglas Fir 32 x 1 0.75 Douglas Fir 36 x 1 1 Douglas Fir 36 x 1 1 90 AGENDA ITEM 2.1 TOTAL 35.5 26.25 Example 2: 7815 NE 28th ST (TREE-20-013) Lot size: 8,120 sq. ft. Zoning: R-16 As Approved/Permitted Total Existing Tree Units: 12 Total Tree Units Removed: 8.25 Net Tree Units: 3.75 Required Tree Units (.35): 2.9 = 3 Supplemental Units Required: No Proposed Amendments Total Existing Tree Units: 8.75 Total Tree Units Removed: 6.25 Net Tree Units: 2.5 Required Tree Units (.4): 3.2 = 4 Supplemental Units Required: Yes – 1.5 (rounded up to the next whole number) = 2 Legacy Tree Removed: Yes – One 44-inch DBH Legacy Tree Supplemental Inches: 10% x 44 = 4.4 (rounded up to the next whole number) = 5 Landmark Tree Removed: No Total Supplemental Requirements = 2 units plus 5 inches Result Under the proposed amendments, this project would be required to either plant two supplemental trees or preserve trees they were going to remove. The legacy tree mitigation would be 5-inches due to the size of the lot. The removal of the 44-inch DBH Legacy tree was done because of the installation of a new sewer line. It is possible the line could have been rerouted or the tree could have been moved to a different location on site. 7815 NE 28th ST Tree Credit Analysis Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits Reduced Proposal Cedar 7 0.75 0.5 Douglas Fir 7 0.75 0.5 Cedar 7.2 0.75 0.5 Cedar 8 0.75 0.5 Cedar 8.5 0.75 0.5 Plum 9 x 0.75 0.5 Apple 9.5 x 0.75 0.5 91 AGENDA ITEM 2.1 Hawthorne 10 x 0.75 0.5 Plum 12.6 x 1 0.75 Douglas Fir 18 x 1 0.75 Douglas Fir 24 x 1 0.75 Douglas Fir 26 x 1 0.75 Douglas Fir 28 x 1 0.75 Douglas Fir 44 x 1 1 TOTAL 8.25 6.25 Example 3: 2000 79th Ave NE (TREE-16-013) Lot size: 40,108 sq. ft. Zoning: R-20 As Approved/Permitted Total Existing Tree Units: 35.5 Total Tree Units Removed: 20.5 Net Tree Units: 15 Required Tree Units (.35): 14 Supplemental Units Required: No Proposed Amendments Total Existing Tree Units: 26.5 Total Tree Units Removed: 15.5 Net Tree Units: 11 Required Tree Units (.4): 16 Supplemental Units Required: Yes – 5 Legacy Tree Removed: Yes – One 36-inch DBH and one 38-inch DBH Legacy Tree Supplemental Inches: 50% x 36 = 18; 50% x 38 = 19; 18 + 19 = 37 inches Landmark Tree Removed: No Total Supplemental Requirements = 5 units plus 37 inches Result This project removed one 36” tree and one 38” tree, both of which were located well outside of the building envelope. Due to their locations, it is staff’s opinion that these trees were removed to improve the view of the golf course. The proposed amendments would require additional trees or more likely, the owners would have reconsidered removing some of the trees that didn’t need to be removed. Location Requirement The size of this lot (40,108 sq. ft.) would trigger a location requirement in the proposed code which would require 20% of the trees required by the density ratio to be preserved within 15-feet of the front and rear property lines and 20% preserved within the site interior. The required tree units for this property are 16 which means that 2 units would need to be preserved along the front property 92 AGENDA ITEM 2.1 line, 2 units preserved along the rear, and 4 within the interior. The remaining 8 units could be preserved as the owners saw fit. 2000 79th AVE NE Tree Credit Analysis Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits Reduced Dogwood 6 x 0.75 0.5 Dogwood 6 x 0.75 0.5 Dogwood 6 x 0.75 0.5 Dogwood 6 x 0.75 0.5 Dogwood 6 0.75 0.5 Dogwood 6 0.75 0.5 Dogwood 8 x 0.75 0.5 Dogwood 8 x 0.75 0.5 Dogwood 8 0.75 0.5 Dogwood 9 0.75 0.5 Douglas Fir 10 0.75 0.5 Cherry 12 0.75 0.5 Ash 12 0.75 0.5 Ash 14 x 0.75 0.5 Cherry 15 x 1 0.75 Douglas Fir 16 x 1 0.75 Magnolia 16 1 0.75 Douglas Fir 16 1 0.75 Birch 16 1 0.75 Maple 17 1 0.75 Cedar 18 x 1 0.75 Douglas Fir 18 1 0.75 Douglas Fir 18 x 1 0.75 Douglas Fir 20 x 1 0.75 Cherry 20 x 1 0.75 Douglas Fir 24 1 0.75 Douglas Fir 24 1 0.75 Douglas Fir 24 1 0.75 Douglas Fir 25 x 1 0.75 Douglas Fir 26 x 1 0.75 Douglas Fir 30 x 1 0.75 Douglas Fir 30 x 1 0.75 Douglas Fir 30 x 1 0.75 Douglas Fir 32 1 0.75 Douglas Fir 32 x 1 0.75 Douglas Fir 35 x 1 0.75 Hemlock 36 x 1 0.75 Cedar 38 x 1 1 93 AGENDA ITEM 2.1 TOTAL 35.5 26.25 Example 4: 1306 Evergreen Point Road (TREE-17-033) Lot size: 16,364 sq. ft. Zoning: R-16 As Approved/Permitted Total Existing Tree Units: 22.75 Total Tree Units Removed: 14.5 Net Tree Units: 8.25 Required Tree Units (.35): 5.7=6 Supplemental Units Required: No Proposed Amendments Total Existing Tree Units: 16.75 Total Tree Units Removed: 10.75 (no trees 36” or larger) Net Tree Units: 6 Required Tree Units (.4): 6.5=7 Supplemental Units Required: Yes – 1 Legacy Tree Removed: No Legacy Tree Supplemental Inches: N/A Landmark Tree Removed: No Total Supplemental Requirements = 1 unit Result This project did not remove any legacy trees however would be required to plant one supplemental tree unit (2 actual trees). Result of legacy tree removal This project did not have any legacy trees. 1306 Evergreen Point Road Tree Credit Analysis Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits Reduced Dogwood 6 0.75 0.5 Dogwood 6 0.75 0.5 Dogwood 6 0.75 0.5 Dogwood 6 x 0.75 0.5 Dogwood 6 x 0.75 0.5 Dogwood 6 1 0.75 Dogwood 8 x 1 0.75 Dogwood 8 x 1 0.75 94 AGENDA ITEM 2.1 Dogwood x 1 0.75 Dogwood 9 x 1 0.75 Douglas Fir 10 1 0.75 Cherry 12 x 1 0.75 Ash 12 x 1 0.75 Ash 14 1 0.75 Cherry 15 x 1 0.75 Douglas Fir 16 x 1 0.75 Magnolia 16 x 1 0.75 Douglas Fir 16 1 0.75 Birch 16 x 1 0.75 Maple 17 x 1 0.75 Cedar 18 x 1 0.75 Douglas Fir 18 1 0.75 Douglas Fir 18 1 0.75 Douglas Fir 20 x 1 0.75 TOTAL 22.75 16.75 Example 5: 1221 Evergreen Point Road (TREE-18-013) Lot size: 65,556 sq. ft. Zoning: R-30 As Approved/Permitted Total Existing Tree Units: 79.5 Total Tree Units Removed: 29.75 Net Tree Units: 49.75 Required Tree Units (.35): 22.9=23 Supplemental Units Required: No Proposed Amendments Total Existing Tree Units: 59.25 Total Tree Units Removed: 22 (no trees 36” or larger being removed) Net Tree Units: 37.25 Required Tree Units (.4): 26.222=27 Supplemental Units Required: No Legacy Tree Removed: No Legacy Tree Supplemental Inches: N/A Landmark Tree Removed: No Total Supplemental Requirements = N/A Result Due to the size of the lot and the number of existing trees, this lot was not required to plant supplemental trees, nor would it be required to under the proposed code. This property did not remove any Legacy trees. 95 AGENDA ITEM 2.1 Location Requirement This lot is located in the shoreline jurisdiction therefore the location requirement is not applicable. 1221 Evergreen Point Road Tree Credit Analysis Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits Reduced Cedar 6 0.75 0.5 Hazelnut 6 x 0.75 0.5 Cedar 6 0.75 0.5 Cedar 6 0.75 0.5 Cedar 6 0.75 0.5 Cedar 6 0.75 0.5 Cedar 6 0.75 0.5 Cedar 6 0.75 0.5 Cedar 6 0.75 0.5 Cedar 6.5 x 0.75 0.5 Cedar 8 0.75 0.5 Cedar 8 0.75 0.5 Apple 8 x 0.75 0.5 Cedar 8 x 0.75 0.5 Cedar 8 0.75 0.5 Hazelnut 8 0.75 0.5 Hazelnut 8 0.75 0.5 Ash 8 0.75 0.5 Maple 8 0.75 0.5 Cedar 9 x 0.75 0.5 Cedar 9 0.75 0.5 Cedar 9 0.75 0.5 Cedar 9 0.75 0.5 Cedar 9 0.75 0.5 Cedar 9 0.75 0.5 Cedar 9 0.75 0.5 Cedar 10 1 0.75 Cedar 10 1 0.75 Cedar 10 1 0.75 Douglas Fir 10 1 0.75 Douglas Fir 10 1 0.75 Douglas Fir 10 1 0.75 Douglas Fir 10 x 1 0.75 Cedar 10 1 0.75 Hawthorn 10 x 1 0.75 Douglas Fir 10 x 1 0.75 Douglas Fir 10 x 1 0.75 Cherry 10 1 0.75 96 AGENDA ITEM 2.1 Ash 10 1 0.75 Dogwood 10 1 0.75 Maple 10 1 0.75 Douglas Fir 11 1 0.75 Hemlock 11 x 1 0.75 Cedar 11 1 0.75 Douglas Fir 12 1 0.75 Cedar 12 1 0.75 Cedar 12 1 0.75 Cedar 12 1 0.75 Dogwood 12 x 1 0.75 Dogwood 12 x 1 0.75 Plum 12 x 1 0.75 Douglas Fir 12 x 1 0.75 Madrone 12 1 0.75 Madrone 12 1 0.75 Hawthorn 12 1 0.75 Cedar 13 1 0.75 Yew 13 x 1 0.75 Douglas Fir 15 1 0.75 Douglas Fir 15 1 0.75 Apple 15 x 1 0.75 Cedar 16 x 1 0.75 Cedar 16 1 0.75 Douglas Fir 16 1 0.75 Apple 16 x 1 0.75 Apple 16 x 1 0.75 Douglas Fir 16 1 0.75 Cedar 17 x 1 0.75 Douglas Fir 18 1 0.75 Cherry 18 x 1 0.75 Cedar 20 1 0.75 Cottonwood 20 x 1 0.75 Cedrus 22 x 1 0.75 Cypress 22 x 1 0.75 Douglas Fir 23 1 0.75 Cedar 23 x 1 0.75 Cedar 23 x 1 0.75 Cedar 26 x 1 0.75 Cedar 27 x 1 0.75 Cedar 27 x 1 0.75 Cedar 35 x 1 0.75 Cedar 35 x 1 0.75 Douglas Fir 36 1 1 Maple 36 1 1 Cottonwood 36 1 1 97 AGENDA ITEM 2.1 Cottonwood 36 1 1 Cottonwood 38 1 1 TOTAL 79.5 59.25 Example 6: 2626 78th Avenue NE (TREE-20-008) Lot size: 8,120 sq. ft. Zoning: R-16 As Approved/Permitted Total Existing Tree Units: 10 Total Tree Units Removed: 7 Net Tree Units: 3 Required Tree Units (.35): 3 Supplemental Units Required: No Proposed Amendments Total Existing Tree Units: 8 Total Tree Units Removed: 5.75 Net Tree Units: 2.25 Required Tree Units (.4): 3.2=4 Supplemental Units Required: Yes – 2 Legacy Tree Removed: Yes – One 38-inch DBH and one 39-inch DBH Legacy Tree Supplemental Inches: 10% x 38 = 3.8 (rounded up to next whole number) = 4; 10% x 39 = 3.9 (rounded up to next whole number) = 4; 4 + 4 = 8 inches Landmark Tree Removed: No Total Supplemental Requirements = 5 units plus 8 inches Result This project would have been required to plant two supplemental trees under the proposed amendments. Two Legacy trees were removed: one 38-inch tree and one 39-inch tree. The 39-inch tree was located in the front of the property and the 38-inch was located in the rear building envelope. It’s possible that the 39-inch tree would have been saved but the 38-inch tree could have only been saved with a redesign of the house and possibly some sort of variance for setbacks. 2626 78th AVE NE Tree Credit Analysis Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits Reduced Cedar 10 1 0.75 Douglas Fir 15 1 0.75 Douglas Fir 16 x 1 0.75 Douglas Fir 17 1 0.75 98 AGENDA ITEM 2.1 Douglas Fir 17 x 1 0.75 Douglas Fir 26 x 1 0.75 Douglas Fir 29 x 1 0.75 Douglas Fir 33 x 1 0.75 Douglas Fir 38 x 1 1 Douglas Fir 39 x 1 1 TOTAL 10 8 99 AGENDA ITEM 2.1 TREE20-049 Example 1 100 AGENDA ITEM 2.1 30 Example 1 101 AGENDA ITEM 2.1 1 0 0 9 0 8 5 1 0 5 9 5 1 1 5 1 1 0 MP 16 * C E30 D F12CE12 D F32 D F 32 M A 12 C H8CH6 C E 10 H E 8 C E 6 C E 10 C E6 D F 16 D F 22 C E18 H E 14 D S 22 MP 14 * MP 12 D F 30 D F 36 MA 6 C E10 C E10 D F 28 D F 32 D S26 D F 24 D F 26 D F 16 D F 22 D F 32 D S 8 D F 36 D F 26 D F 26 D F 26DF18 D F 16 D F 40DF14 D F 32 D F 28 C E12 M A6 D F 32 D S10 D F 26 D F 24 D F 30 D F 6 D F 30 D F 36 74 7 6 7 8 8 2 8 4 8 6 8 8 9 2 94 96 98 102 104 106 108 112 114 118 74 78 8 2 8 4 8 6 88 9 2 9 4 9 6 9 8 1 0 2 1 0 4 1 0 6 1 0 8 6 8 7 2 7 4 7 6 7 8 8 2 8 4 8 6 8 8 9 2 94 102 1 0 4 1 0 6 1 0 8 112 1 1 4 1 1 6 118 122 96 98 102 1 0 4 64 66 8 0 9 0 100 110 120 7 0 80 90 1 0 0 1 1 0 7 0 8 0 9 0 1 0 0 110 120 10 0 10 0 100 90 90 80 8 0 7 0 80 29.0' 14.6' 13.2' 25.6' 18.6' 7.3' 10.7' 3.1' 5.0' 13.0' 7.7' 19.3' N 3 4 °2 1 '1 9 "E479.4 0 ' T W O ST OR Y HO USE W/ BASEM ENT CARP ORT DECK ABO VE R O OF O VERHAN G (TYPICAL) BUILDIN G OVERHAN G (TYPICAL) DECK DECK DECK TIMBER W ALL FINISH FLOO R BASE M ENT = 93.8' FINISH FLO O R = 103.3' RID GE HEIG HT =127.8' DECK SS MHRIM = 116.34' INV S-N = 109.72' CBRIM = 74.39' INV S W = 69.78' INV N E = 69.51' INV SE = 71.18' TELEPH ONE PEDESTAL PARCEL NO.383550-1955 PARCEL NO.383550-1951 FOUND BENT REBAR 0.69' N & 0.58' W FIRE HYDRANT73' 3 0 ' 3 0 ' ORIGINAL GRAD E NE 7TH STREET O V E R L A K E D R I V E E N74°32'49"E (M) N74°35'19"E (DEED) 133.79' N 5 5 ° 3 8 ' 2 8 " W ( M ) N 5 5 ° 3 5 ' 3 8 " W ( D E E D ) 5 0 . 4 2 ' N 3 4 °2 1 '3 2 "E 2 3 5 .1 5 ' (M 0 2 4 2 .4 7 ' (D E E D ) R =5 3 1 .63 ' A =1 9 1 .7 6' D = 20 °4 0 '0 0 " P HVAC STEEP SLOPE AREA 78 80 82 84 86 88 90 92 94 9698 100 102 104 106 108 110 112 114 116 118120120 118 114 112 110 108 106 104 102 100 98 96 94 90 88 86 84 82 80 78 76 92 90 88 86 84 82 80 78 76 74 72 70 68 O V E R L A K E D R I V E NE 7TH STREET 92 CONSTRUCTION FENCE LINE S I L T F E N C E L I N E KEEP EXISTING CARPORT RETAINING WALLS 1 0 ' M I N . B U F F E R BUFFER FENCE LINE TO BE MARKED & VERIFIED BY LICENSED SURVEYOR8658 NE 7TH STSD SD SD S I L T F E N C E L I N E CONSTRUCTION FENCE LINE T2 T6 T7 T8 T9 T12 T11 T13 T15 T14 T21 T20T23 T1 T10 T16 R 20' - 0"R 6 ' - 0 " R 1 6' - 0" R 4' - 0" R 3' - 0" R 12' - 0" R 13' - 0" R 1 4 ' - 0 " R 1 6 ' - 0"R 5' - 0 " R 5' - 0 " R 3 ' - 0 " R 15' - 0" R 7' - 0" R 1 1 ' - 0 "R 1 5 ' - 0 " R 7 ' - 0 " R 14' - 0" R 1 6' - 0 " R 9' - 0 " R 13' - 0" NEIGHBOR'S TREE DRIP LINE ENCROACHMENT: 5'6"/20' = 28% NEIGHBOR'S TREE DRIP LINE ENCROACHMENT: 3'"/13' = 23% NOTE: SEE RETAINING WALL PLAN AND SECTIONS ON SHEETS B5.0, B5.1-5.4 FOR DETAILS ON EXCAVATION ENCROACHMENT AND RETAINING WALL LOCATION DETAILS. CONSULT WITH ARBORIST BEFORE EXCAVATION. STEEP SLOPE AREA KEEP EXISTING RETAINING WALLSX T1 T2 T3 XT4 XT5 T6 T7 T8T10 T9 T11 T12 T15 T14 T13 T16XT17 T21 T20 XT18 XT19 XT22 T23 XT24 XT25 XT26 XT27XT39 XT36 XT35 XT37 XT38 XT34 XT33 XT30 XT31 XT32 T28 T29 X X NEW RESIDENTIAL PERVIOUS/IMPERVIOUS AREAS DO NOT REMOVE T17 AND T22 STUMPS TO MAINTAIN SLOPED GRADES REGISTERED ARCHITECT MARK CRUZ STATE OF WASHINGTON 20105468 Scale Date Drawn By Checked By Project Number Sheet Title: 70 7 O V E R L A K E D R I V E E A S T ME D I N A , W A , 9 8 0 3 9 PH A M R E S I D E N C E CRUZ ARCHITECTURE+DESIGN T: 971.808.4777 MARK@CRUZAD.COM CruzAD 3/32" = 1'-0" 10 / 2 0 / 2 0 2 0 3 : 1 8 : 0 4 P M B3.0 TREE MANAGEMENT PLAN Checker Author 07/07/2020 A110 3/32" = 1'-0" 01 - TREE PROTECTION PLAN TREE PROTECTION MEASURES THE FOLLOWING GUIDELINES ARE REQUIRED TO ENSURE THAT THE DESIGNATED SPACE SET ASIDE FOR THE PRESERVED TREES, AND THESE TREES ARE PROTECTED AND CONSTRUCTION IMPACTS ARE KEPT TO A MINIMUM. COMPLY TO STANDARDS SET FORTH UNDER BMP T101. 1. ALL RETAINED TREES WILL HAVE A "TREE PROTECTION ZONE" OR TPZ OF 1 FOOT PER DIAMETER INCH AROUND THE DRIPLINE OF THE REMAINING TRESS. 2. TREE PROTECTION FENCING SHALL BE ERECTED PER THE PLAN ON THIS SHEET PRIOR TO MOVING ANY HEAVY EQUIPMENT ON SITE. DOING THIS WILL SET CLEARING LIMITS AND AVOID COMPACTION OF SOILS WITHIN ROOT ZONES OF RETAINED TREES. 3. EXCAVATION LIMITS SHOULD BE LAID OUT IN PAINT ON THE GROUND TO AVOID OVER EXCAVATING. 4. EXCAVATIONS WITHIN THE DRIP LINES OF RETAINED TREES SHALL BE MONITORED BY A QUALIFIED TREE PROFESSIONAL SO NECECESSARY PRECAUTIONS CAN BE TAKEN TO DECREASE IMPACTS TO TREE PARTS. A QUALIFIED TREE PROFESSIONAL SHALL MONITOR EXCAVATIONS WHEN WORK IS AUTHORIZED IN THE CRITICAL ROOT ZONE. 5. TO ESTABLISH SUB GRADE FOR FOUNDATION, CURBS AND PAVEMENT SECTIONS NEAR THE TREES, SOIL SHOULD BE REMOVED AWAY FROM THE ROOT SYSTEM AND NOT AT 90 DEGREE ANGLES TO AVOID BREAKING AND TEARING ROOTS THAT LEAD BACK TO THE TRUNK. ANY ROOTS DAMAGED DURING THESE EXCAVATIONS SHOULD BE EXPOSED TO SOUND TISSUE AND CUT CLEANLY WITH A SAW. CUTTING TOOLS SHOULD BE STERILIZED WITH ALCOHOL. 6. AREAS EXCAVATED WITHIN THE DRIP LINE OF RETAINED TREES SHOULD BE THROUGHLY IRRIGATED WEEKLY DURING DRY PERIODS. 7. PREPARATIONS FOR FINAL LANDSCAPING SHALL BE ACCOMPLISHED BY HAND WITHIN THE DRIP LINES OF RETAINED TREES. LARGE EQUIPMENT SHALL BE KEPT OUTSIDE OF THE TREE PROTECTED ZONES. 8.REMOVE IVY GROUND COVERS PRIOR TO CONSTRUCTION PROJECT COMPLETION. 9.COVER EXPOSED GROUND WITH WOOD CHIPS TO RETAIN GROUND MOISTURE. 10.RE-PLANT REMOVED HEALTHY TREES AS FEASIBLE 3/32" = 1'-0" 01 - EXISTING SITE - TREES ID No. Description Date 6'-2 " 5' - 4 " 5'-3" 6'-3" 2'-1" 2 ' - 0 " 2 ' - 4 " 5'-9 " 5'- 5 " 2 ' - 8 " 4'-4 " 6' - 7 " Approved Medina Tree Activity Permit Plan 12/18/2020 Tom Early Medina Tree Consultant Example 1 102 AGENDA ITEM 2.1 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6400 I declare under penalty of perjury that I am the owner of the above property or the duly authorized agent of the owner(s) and that all applicable information furnished in support of this application is true, correct and complete. Print Name:__________________________________________________ Owner Agent (check one) Signature:___________________________________________________ Date:_______________________________ City Use Only Application Fee: Receipt # Planning Review: / / Tech Fee: Date paid: Tree Consultant Review: / / Advanced Deposit: Check if issued same day as submittal Final Inspection: / / Rev. 07.31.2015 CITY OF MEDINA DEVELOPMENT SERVICES 425-233-6414 425-233-6400 Administrative Tree Activity Permit T-01 Instructions: Complete this form for the following: •The property is designated as under development (MMC 20.52.100) •Removal of any significant tree on private property having a 6-inch DBH and larger size that is not a legacy tree •Removal of any non-significant tree on private property within 200 feet of the shoreline having a 6-inch DBH and larger size that is not a legacy tree •Removal of a hazard tree from the city right-of-way New Application Supplemental Staff Only Date Received: By: Permit No. Property Information Property Address: Check if tree is: Within 200 feet of shoreline Within a critical area (MMC 20.50) Tax Parcel No. Legal Property Owner Information Name: Email: Mailing Address: City State Zip Phone: Contact/ Agent Information Name: Email: Address: Phone: Contractor Information Email & Phone: Project Information Is the property under development? Yes No Check One: Application is for tree performance standards (attach form T-01a) Application is for tree restoration standards (attach form T-01b) Application Submittal Checklist The following materials are required for a complete application: Copies Material to be submitted Applicant N/A City 2 This form completed……………………………………………………………………………… 1 Proof of ownership…………………………………………………………………………………. 1 Declaration of Agency…………………………………………………………………………….. 2 Completed T-01a form if performance standards apply (See MMC 20.52.130)……………. 2 Completed T-01b form if restoration standards apply (See MMC 20.52.150)………………. 2 Tree removal and planting plan (required for tree performance standards)………………… 2 Tree protection measures (required for properties under development)……………………. 1 Critical Areas Report (if applicable)……………………………………………………………… 1 City Hazard Tree Assessment (if applicable)……………………………………………………. Tree 20-013 9/16/2020 Example 2 7815 NE 28th St Medina 3262300903 Dmitriy@Americanclassichomes.com 9675 SE 36th ST #105 Mercer Island WA 98040 206-588-1147 x114 Dmitriy Mayzlin Dmitriy@Americanclassichomes.com 9675 SE 36th ST #105 Mercer Island WA 98040 206-588-1147 x114 Same Same Dmitriy Mayzlin 8/28/20 Spot 2019 LLC n n n n n n n n n 103 AGENDA ITEM 2.1 CITY OF MEDINA | 501 EVERGREEN POINT ROAD, MEDINA, WA 98039 | PHONE: (425) 233-6416 Instructions: Complete and attach this form to T-01 for the following: •The property is designated as under development pursuant to MMC 20.52.100 •The applicant is using the tree performance standards in MMC 20.52.130 File No. New Revision STEP 1: Inventory existing tree units Conduct an inventory of all significant trees within the boundaries of the lot. No. Tree DBH No. Tree DBH 1 7 2 8 3 9 4 10 5 11 6 12 STEP 2: Calculate Existing Tree Units From Table 20.52.130(C): add together the number of significant trees in each range below and multiply by the corresponding value to produce Existing Tree Units. A. Total number of trees at least 6 inches, but less than 10 inches DBH X 0.75 = D.TOTAL EXISTING TREE UNITS (A + B + C) B. Total number of trees 10 inches DBH and larger X 1.00 = C. Total number of conifer trees 50 inches DBH and larger X 1.25 = STEP 3: Inventory removed trees List the significant trees that are proposed for removal. This information will be used in Step 4 and 7 (if applicable). No. Tree DBH No. Tree DBH STEP 4: Calculate Net Existing Tree Units To calculate Net Existing Tree Units, add together the number of significant trees in each range below that are proposed for removal and multiply by the corresponding value. Then follow H and I. E. Total number of trees removed at least 6 inches, but less than 10 inches DBH X 0.75 = H.TOTAL TREE UNITS TO BE REMOVED (E + F + G)F. Total number of trees removed 10 inches DBH and larger X 1.00 = G. Total number of conifer trees 50 inches DBH and larger X 1.25 = I.Net Existing Tree Units (subtract H from D)STEP 5: Calculate Required Tree Units To calculate Required Tree Units, perform the calculations in J through M. Lot Area (sq. ft.) Divide J by 1,000 Tree Density Ratio (check one) M.REQUIRED TREE UNITS (Multiply K x L) (round up) J. K. L. 0.35 (residential) ____Table 20.52.130.B STEP 6: Determine if Supplemental Trees are required Subtract the Tree Units in M from the Tree Units in I. •If the difference is zero or a positive number - stop. No supplemental trees are required. •If the difference is a negative number then go to Step 7. N. See Page 2 for Step 7 and for additional inventory tables Rev July 31, 2015 CITY OF MEDINA DEVELOPMENT SERVICES 425-233-6414 425-233-6400 Tree Performance Worksheet T-01a Example 2 Apple 9.5 Douglas-fir 7 plum (8+9+4)12.6 Plum 9 western redcedar 8 douglas-fir 28 western redcedar 8.5 douglas-fir 26 7 5.25 7 7 0 0 12.25 1 douglas fir 18 11 douglas fir 28 2 douglas fir 44 12 douglas fir 26 9 plum 12.6 13 douglas fir 24 10 plum 9 14 hawthorne 10 3 2.25 7 7 9.25 0 0 3 8120 8.210 3 0 Douglas-fir 18 Douglas-fir 44 Western redcedar 7 Western redcedar (6+4)7.2 104 AGENDA ITEM 2.1 TREE SCHEDULE ONSITE TREES: SYM DBH TYPE REMARKS 1 18" FIR REMOVE 2 44" FIR REMOVE 3 7" CEDAR SA VE 4 6" CEDAR SAVE 5 B" CEDAR SA VE 6 8.5" CEDAR SAVE 7 9.5" APPLE REMoVE B 7" FIR SAVE 9 B" PLUM REMOVE 11 28" FIR REMOVED 12 26" FIR REMOVE 13 24" FIR REMOVE SSMH RIM=101. 77' CENTER OF 8" OI CHANNEL(W,E&S)=93.47' 14 10" ENGLISH HAWTHORNE REMOVE OFFSITE TREES: SYM DBH TYPE REMARKS A 6" MAP SAVE F 28" FIR SA VE M 6" CED SAVE N 6" CED SAVE Q 6" CED SAVE R 6" CED SAVE S 6" CED SAVE T 8" CED SAVE I I'I I ' ' I ' I SITE PLAN NEB 0 5' 10' 20' SCALE: 1" = 10' OWNER ACH HOMES LLC / CONTACT: MARISSA GOSS 9675 SE 36TH STREET, SUITE 105 / MERCER ISLAND, WA 98040 PH: 206.588.1147 EX 107 EMAIL: MARISSA@AMERICANCLASSICHOMES.COM SITE ADDRESS 7815 NE 28TH ST, MEDINA WA 98039 LEGAL DESCRIPTION HERRONS ADD W 1/2, PLAT BLOCK: 9, PLAT LOT: 19-20 PARCEL NUMBER 326230-0903 ZONING R-16 MIN FRONT SETBACK: 25' -0" MIN REAR SETBACK: 25' -o• MIN SIDE SETBACK: 10'-0" MAX BLDG HEIGHT: FROM ORIGINAL GRADE 25'-o" FROM FINISHED GRADE 28'-0" MAX STRUCTURAL COV'G: 30% MAX IMPERVIOUS AREA: 55% STRUCTURAL COV'G GROSS LOT AREA: BLDG FOOTPRINT: PORCHES: TOTAL LOT COV'G AREA: % OF LOT AREA: ALLOWED LOT COV'G AREA: ALLOWED % OF LOT AREA: IMPERVIOUS LOT AREA: ROOF & GUTTERS AREA: CONC WALKS AREA: DRIVEWAY AREA: UNCOVERED PATIO AREA: TOTAL IMPERVIOUS AREA: % OF LOT AREA: ALLOWED IMPERVIOUS AREA: ALLOWED % OF LOT AREA: 8,118 SF 2,162 SF 265 SF 2,427 SF =29.89% 2,435 SF =30.00% 8,118 SF 2,782 SF 38 SF 445 SF 196 SF 3,461 SF =42.6 % 4,465 SF =55.00% <( :z:-Cl w � :::c :zI-::500 a.. w w :z: 00 R£1/ISED 1.17.2020 3.12.2020 5.11.2020 1 "=1 o' -o" SCALE 1.6.2020 OA1£ COIIPU1£R Fil£ NAME SITE SI/EH NUJIBER XTO BE REMOVED Approved Medina Tree Activity Permit Plan 09/16/2020 Tom Early Medina Tree Consultant 12 f t 12 ft 6 f t 5 f t 12 ft 6 ft tree protection fencing, typ. SS connection on site shall be downstream of tree protection fencing per coordination at pre-con meeting Example 2 105 AGENDA ITEM 2.1 tree #22 to be removed per 8/17/2016 conversation with Jim Sanders Tree #5 to be retained per 8/18/2016 conversation with Jim Sanders Example 3 106 AGENDA ITEM 2.1 Example 4 107 AGENDA ITEM 2.1 Example 4 108 AGENDA ITEM 2.1 Example 4 109 AGENDA ITEM 2.1 A Douglas fir, 28" DBH to be removed per email exchange with Chad Kulper 9/5/2017 X a 7.8" DBH Atlas cedar, considered tree #21.a 11 f t 8 ft 19 f t 30 ft 10 ft 1 5 f t 2 ft wrap tree on exposed side with 8' long 2x4's using straps for duration of construction; loosen straps approximately 1/2 inch each year in March to accommodate trunk growth Example 4 110 AGENDA ITEM 2.1 1 2 16 17 18 19 38 39 40 42 43 44 45 4647 48 49 56 55 54 52 53 57 58 59 60 63 62 41 MA T C H L I N E L A 1 . 1 MA T C H L I N E L A 1 . 2 JOB No: DRAWING FILE No: DATE: DESIGNER: BY DA T E RE V I S I O N S DRAWN BY: SH E E T T I T L E : OF DRAWING No: SHEET No: PR O J E C T N A M E : SEAL: APPROVED BY: 11 4 8 N W L E A R Y W A Y , S E A T T L E , W A 9 8 1 0 7 P: 2 0 6 - 7 0 8 - 1 8 6 2 SC J S T U D I O L A . C O M PERMIT SET NOT FOR CONSTRUCTION Se a t t l e , W A 9 8 0 0 3 5 Me d i n a V i n e y a r d T r u s t MG MG JULY, 2018 2578 LG 05 12 2 8 E v e r g r e e n P o i n t R o a d M A R K S . GA R F F N O . 8 88 EX P . 0 1 /0 5 /2 021 L A N D S C A P E A R C H I T EC T LG 08 . 2 2 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 01 LG 10 . 0 5 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 02 JL 05 . 2 0 . 2 0 1 9 RE V I S E D P E R M I T S U B M I T T A L 03 PR O P O S E D T R E E R E M O V A L P L A N LA1.1 1 1.TREE LOCATIONS BASED ON THE TOPOGRAPHIC SURVEY, TERRANE, DATED 07/27/16. 2.TREE NUMBERS BASED ON ARBORIST REPORT & MAP, ROBERT W. WILLIAMS & ASSOCIATES CONSULTING ARBORISTS DATED 5/22/17. NOTES: TREE REMOVAL SCHEDULE EXISTING TREE TO REMAIN EXISTING TREE TO BE REMOVED 0 feet20 1" = 10' 10 30 40 SHEET DESCRIPTION LA1.1 PROPOSED TREE REMOVAL PLAN LA1.2 PROPOSED TREE REMOVAL PLAN LA2.1 PLANTING PLAN LA2.2 PLANTING PLAN LA3.1 PLANTING DETAILS SHEET INDEX LOT COVERAGE = 65,556 SF 65,556 SF / 1,000 = 65.56 65.56 x .35 (TREE DENSITY RATIO) = 22.95 REQUIRED TREE UNITS = 23 TREE MANAGEMENT INFORMATION Example 1 111 AGENDA ITEM 2.1 63 62 64 65 66 MA T C H L I N E L A 1 . 1 MA T C H L I N E L A 1 . 2 JOB No: DRAWING FILE No: DATE: DESIGNER: BY DA T E RE V I S I O N S DRAWN BY: SH E E T T I T L E : OF DRAWING No: SHEET No: PR O J E C T N A M E : SEAL: APPROVED BY: 11 4 8 N W L E A R Y W A Y , S E A T T L E , W A 9 8 1 0 7 P: 2 0 6 - 7 0 8 - 1 8 6 2 SC J S T U D I O L A . C O M PERMIT SET NOT FOR CONSTRUCTION Se a t t l e , W A 9 8 0 0 3 5 Me d i n a V i n e y a r d T r u s t MG MG JULY, 2018 2578 LG 05 12 2 8 E v e r g r e e n P o i n t R o a d M A R K S . GA R F F N O . 8 88 EX P . 0 1 /0 5 /2 021 L A N D S C A P E A R C H I T EC T LG 08 . 2 2 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 01 LG 10 . 0 5 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 02 JL 05 . 2 0 . 2 0 1 9 RE V I S E D P E R M I T S U B M I T T A L 03 PR O P O S E D T R E E R E M O V A L P L A N LA1.2 2 1.TREE LOCATIONS BASED ON THE TOPOGRAPHIC SURVEY, TERRANE, DATED 07/27/16. 2.TREE NUMBERS BASED ON ARBORIST REPORT & MAP, ROBERT W. WILLIAMS & ASSOCIATES CONSULTING ARBORISTS DATED 5/22/17. NOTES: TREE REMOVAL SCHEDULE EXISTING TREE TO REMAIN EXISTING TREE TO BE REMOVED 0 feet20 1" = 10' 10 30 40 TREE MANAGEMENT INFORMATION LOT COVERAGE = 65,556 SF 65,556 SF / 1,000 = 65.56 65.56 x .35 (TREE DENSITY RATIO) = 22.95 REQUIRED TREE UNITS = 23 PROPOSED TREE REMOVAL IN 125' SHORELINE SETBACK NO.SPECIES DBH 66 FIR 10" TREE NUMBERS BASED ON THE ARBORIST'S REPORT & MAP, ROBERT W. WILLIAMS & ASSOCIATES CONSULTING ARBORISTS DATED 5/22/17. PROPOSED TREE REPLACEMENT IN 125' SHORELINE SETBACK 1 TSUGA MERTENSIANA 6' HT. MIN. MOUNTAIN HEMLOCK BOTANNICAL/COMMON NAME SIZE/SPACINGQTY. TREES REQUIRED = 1 TREES PROVIDED = 3 EVERGREEN TREES REMOVED = 1 240 SF OF NATIVE RIPARIAN VEGETATION REQUIRED + 350 SF OF NATIVE RIPARIAN VEGETATION PROVIDED- DECIDUOUS TREES REMOVED = 0 2 SALIX LASIANDRA 6' HT. MIN. PACIFIC WILLOW PROPOSED TREE REMOVAL IN 200' SHORELINE JURISDICTION NO.SPECIES DBH 62 CHERRY 18" TREE NUMBERS BASED ON THE ARBORIST'S REPORT & MAP, ROBERT W. WILLIAMS & ASSOCIATES CONSULTING ARBORISTS DATED 5/22/17. 63 HAWTHORN 10" 64 COTTONWOOD 20" 65 FIR 10" Example 4 112 AGENDA ITEM 2.1 3 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 3 TE 3 TE 7 TE 3 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 7 TE 3 TE2 3 AC MA T C H L I N E L A 2 . 1 MA T C H L I N E L A 2 . 2 JOB No: DRAWING FILE No: DATE: DESIGNER: BY DA T E RE V I S I O N S DRAWN BY: SH E E T T I T L E : OF DRAWING No: SHEET No: PR O J E C T N A M E : SEAL: APPROVED BY: 11 4 8 N W L E A R Y W A Y , S E A T T L E , W A 9 8 1 0 7 P: 2 0 6 - 7 0 8 - 1 8 6 2 SC J S T U D I O L A . C O M PERMIT SET NOT FOR CONSTRUCTION Se a t t l e , W A 9 8 0 0 3 5 Me d i n a V i n e y a r d T r u s t MG MG JULY, 2018 2578 LG 05 12 2 8 E v e r g r e e n P o i n t R o a d M A R K S . GA R F F N O . 8 88 EX P . 0 1 /0 5 /2 021 L A N D S C A P E A R C H I T EC T LG 08 . 2 2 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 01 LG 10 . 0 5 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 02 JL 05 . 2 0 . 2 0 1 9 RE V I S E D P E R M I T S U B M I T T A L 03 PL A N T I N G P L A N LA2.1 3 0 feet20 1" = 10' 10 30 40 TREES CODE QTY BOTANICAL / COMMON NAME CAL SIZE REMARKS AC 3 ACER CIRCINATUM 2.5" CAL.B&B / CONT.3 STEMS MIN. VINE MAPLE NATIVE & DROUGHT TOLERANT CT 3 CUPRESSUS SEMPERVIRENS `TINY TOWER` TM 6`-8` HT.B&B / CONT.SPECIMENS TINY TOWER ITALIAN CYPRESS NON-NATIVE LC 4 LAGERSTROEMIA INDICA `NATCHEZ`2.5" CAL.10` HT. MIN.3 STEMS MIN. NATCHEZ CRAPE MYRTLE SPECIMEN NON-NATIVE, DROUGHT TOLERANT TE 111 THUJA OCCIDENTALIS `EMERALD GREEN`B&B/CONT.6`-8` HT.SPECIMEN EMERALD GREEN ARBORVITAE NATIVE & DROUGHT TOLERANT TE2 46 THUJA PLICATA `EXCELSA`B&B/CONT.6`-8` HT.SPECIMEN WESTERN RED CEDAR NATIVE & DROUGHT TOLERANT PLANT SCHEDULE 1.ALL TREES, DECIDUOUS & EVERGREEN, TO HAVE A 3'-0" DIA. MULCH RING. DECIDUOUS TREES TO BE STAKED, VERIFY STAKING OF POSSIBLE NEED TO STAKE EVERGREEN TREES W/L.A. 2.PROVIDE 6" DEPTH OF COMPOSTED MULCH PRODUCT AS AN AMENDMENT TO EX. SOIL IN SHRUB BED AT TOP OF ROCK BULKHEAD. INCORPORATE & EVENLY MIX INTO EX. SOIL TO A DEPTH OF 12" PRIOR TO PLANTING. 3.VERIFY METHOD OF STAKING WILLOW TREES SO THAT THEY HANG & GROW OVER THE ROCKERY TO PROVIDE HABITAT. 4.PROVIDE 2" MIN. DEPTH OF "SCREENED COMP MULCH" (SUCH AS, PACIFIC TOPSOIL'S SCREENED COMP MULCH) AS A TOPDRESSING IN SHRUB BEDS, TYP. 5.PLANTS TO MEET REQUIREMENTS FOR INTEGRATED RESTORATION & PERMITTING PROGRAM: 2 TREES FROM APPENDIX D, IRPP PLANT LIST REQUIRED. 2 TREES PROVIDED 2 DIFFERENT SHRUB SPECIES FROM APPENDIX D, IRPP PLANT LIST REQUIRED. 2 SHRUB SPECIES REQUIRED 1,OOO SF OF BUFFER PLANTING REQUIRED, 1,463 SF PROVIDED, WIDTH OF PLANTING STRIP CAN BE NO LESS THAN 5'-0". NOTES: Example 4 113 AGENDA ITEM 2.1 10 VO 3 AS 2 HD 1 SP 378 DT 196 AU 9 AF 21 AF 106 IC 6 VO 3 HD 1 SP 217 DT 6 VO 6 AS 3 SA 3 TE 3 TE2 28 AU OHWL OHWM OHWM VEGETATION LINE 1 TM MA T C H L I N E L A 2 . 1 MA T C H L I N E L A 2 . 2 JOB No: DRAWING FILE No: DATE: DESIGNER: BY DA T E RE V I S I O N S DRAWN BY: SH E E T T I T L E : OF DRAWING No: SHEET No: PR O J E C T N A M E : SEAL: APPROVED BY: 11 4 8 N W L E A R Y W A Y , S E A T T L E , W A 9 8 1 0 7 P: 2 0 6 - 7 0 8 - 1 8 6 2 SC J S T U D I O L A . C O M PERMIT SET NOT FOR CONSTRUCTION Se a t t l e , W A 9 8 0 0 3 5 Me d i n a V i n e y a r d T r u s t MG MG JULY, 2018 2578 LG 05 12 2 8 E v e r g r e e n P o i n t R o a d M A R K S . GA R F F N O . 8 88 EX P . 0 1 /0 5 /2 021 L A N D S C A P E A R C H I T EC T LG 08 . 2 2 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 01 LG 10 . 0 5 . 2 0 1 8 RE V I S E D P E R M I T S U B M I T T A L 02 JL 05 . 2 0 . 2 0 1 9 RE V I S E D P E R M I T S U B M I T T A L 03 PL A N T I N G P L A N LA2.2 4 0 feet20 1" = 10' 10 30 40 TREES CODE QTY BOTANICAL / COMMON NAME CAL SIZE REMARKS SP 2 SALIX LASIANDRA 6`-8` HT.VERIFY STAKING PACIFIC WILLOW FULL, BUSHY GROWTH NATIVE & DROUGHT TOLERANT NATIVE & DROUGHT TOLERANT TM 1 TSUGA MERTENSIANA B&B/CONT.6` MIN. HT.SPECIMENS MOUNTAIN HEMLOCK NATIVE & DROUGHT TOLERANT SHRUBS CODE QTY BOTANICAL / COMMON NAME SIZE HT.REMARKS AS 9 AMELANCHIER ALNIFOLIA 5 GAL 30" HT.FULL, BUSHY GROWTH SERVICEBERRY NATIVE & DROUGHT TOLERANT HD 5 HOLODISCUS DISCOLOR 5 GAL FULL, BUSHY GROWTH OCEAN-SPRAY NATIVE & DROUGHT TOLERANT SA 3 SYMPHORICARPOS ALBUS 2 GAL 18" SPREAD FULL, BUSHY GROWTH COMMON WHITE SNOWBERRY NATIVE & DROUGHT TOLERANT VO 22 VACCINIUM OVATUM 2 GAL 18" HT.FULL, BUSHY GROWTH EVERGREEN HUCKLEBERRY NATIVE & DROUGHT TOLERANT SHRUB AREAS CODE QTY BOTANICAL / COMMON NAME CONT SPACING REMARKS AF 30 ASTER X FRIKARTII 1 GAL 18" o.c.FULL, BUSHY GROWTH ASTER NATIVE & DROUGHT TOLERANT DT 595 DESCHAMPSIA CESPITOSA 1 GAL 12" o.c.FULL, BUSHY GROWTH TUFTED HAIR GRASS NATIVE & DROUGHT TOLERANT IC 106 IRIS X CALIFORNICAE 1 GAL 12" o.c.FULL, BUSHY GROWTH PACIFIC COAST IRIS NATIVE & DROUGHT TOLERANT GROUND COVERS CODE QTY BOTANICAL / COMMON NAME CONT SPACING REMARKS AU 255 ARCTOSTAPHYLOS UVA-URSI 4"POT 15" o.c. KINNIKINNICK PLANT SCHEDULE 1.ALL TREES, DECIDUOUS & EVERGREEN, TO HAVE A 3'-0" DIA. MULCH RING. DECIDUOUS TREES TO BE STAKED, VERIFY STAKING OF POSSIBLE NEED TO STAKE EVERGREEN TREES W/L.A. 2.PROVIDE 6" DEPTH OF COMPOSTED MULCH PRODUCT AS AN AMENDMENT TO EX. SOIL IN SHRUB BED AT TOP OF ROCK BULKHEAD. INCORPORATE & EVENLY MIX INTO EX. SOIL TO A DEPTH OF 12" PRIOR TO PLANTING. 3.VERIFY METHOD OF STAKING WILLOW TREES SO THAT THEY HANG & GROW OVER THE ROCKERY TO PROVIDE HABITAT. 4.PROVIDE 2" MIN. DEPTH OF "SCREENED COMP MULCH" (SUCH AS, PACIFIC TOPSOIL'S SCREENED COMP MULCH) AS A TOPDRESSING IN SHRUB BEDS, TYP. 5.PLANTS TO MEET REQUIREMENTS FOR INTEGRATED RESTORATION & PERMITTING PROGRAM: 2 TREES FROM APPENDIX D, IRPP PLANT LIST REQUIRED. 2 TREES PROVIDED 2 DIFFERENT SHRUB SPECIES FROM APPENDIX D, IRPP PLANT LIST REQUIRED. 2 SHRUB SPECIES REQUIRED 1,OOO SF OF BUFFER PLANTING REQUIRED, 1,463 SF PROVIDED, WIDTH OF PLANTING STRIP CAN BE NO LESS THAN 5'-0". NOTES: PROPOSED TREE REMOVAL IN 125' SHORELINE SETBACK NO.SPECIES DBH 66 FIR 10" TREE NUMBERS BASED ON THE ARBORIST'S REPORT & MAP, ROBERT W. WILLIAMS & ASSOCIATES CONSULTING ARBORISTS DATED 5/22/17. PROPOSED TREE REPLACEMENT IN 125' SHORELINE SETBACK 1 TSUGA MERTENSIANA 6' HT. MIN. MOUNTAIN HEMLOCK BOTANNICAL/COMMON NAME SIZE/SPACINGQTY. TREES REQUIRED = 1 TREES PROVIDED = 3 EVERGREEN TREES REMOVED = 1 240 SF OF NATIVE RIPARIAN VEGETATION REQUIRED + 350 SF OF NATIVE RIPARIAN VEGETATION PROVIDED- DECIDUOUS TREES REMOVED = 0 Xref 2578_X-CIVIL.dwg 2 SALIX LASIANDRA 6' HT. MIN. PACIFIC WILLOW PROPOSED TREE REMOVAL IN 125-200' SHORELINE JURISDICTION NO.SPECIES DBH 62 CHERRY 18" TREE NUMBERS BASED ON THE ARBORIST'S REPORT & MAP, ROBERT W. WILLIAMS & ASSOCIATES CONSULTING ARBORISTS DATED 5/22/17. 63 HAWTHORN 10" 64 COTTONWOOD 20" 65 FIR 10" Example 4 114 AGENDA ITEM 2.1 Example 5 115 AGENDA ITEM 2.1 Example 5 116 AGENDA ITEM 2.1 Approved Medina Tree Activity Permit Plan 07/30/2020 Tom Early Medina Tree Consultant Example 5 117 AGENDA ITEM 2.1 FNR-473-W Tree Appraisal and the Value of Trees Author Lindsey Purcell RCA, BCMA Urban Forestry Specialist, Purdue University Department of Forestry & Natural Resources Forestry and Natural Resources Contributor Jeffrey Ling RCA, TPAQ Arborwise Trees provide many benefits and great value to property owners in functional, aesthetic, social, environmental, and even economic ways. Functional benefits include mitigating climate change by storing carbon, removing pollution from the atmosphere, managing stormwater runoff, and improving air quality. Trees provide oxygen and many other benefits — such as shade, which can impact home cooling costs. The collective value of trees makes a difference in people’s health and quality of life in cities and towns everywhere. In fact, it is also possible to calculate the benefits provided by each individual tree in any landscape by visiting the MyTree website at https:// mytree.itreetools.org/. What is the value or worth of a tree? Value may be defined as the monetary worth of an item at a given time with the expectation of benefit. A dollar figure in a formal tree appraisal, which provides an estimate or approximate value, can quantify many of these benefits. However, a tree’s true worth may be judged by a sale or, in litigious situations, a court ruling. The valuation of trees and living landscape components requires training, expertise, and experience. Just like any real estate or professional appraiser, plant appraisers have the responsibility of assigning values and preparing to defend, explain, and support their results. If you are pursuing tree valuation, you should retain the services of a qualified consulting arborist who can properly apply methods and techniques that best relate to your situation. Three methods used to appraise trees and landscapes — Cost Approach, Income Approach, and Sales Comparison Approach — are described in the Guide for Plant Appraisal, 10th edition. Authored by the Council of Tree and Landscape Appraisers (CTLA), published by the International Society of Arboriculture, and endorsed by the major arboriculture and horticulture organizations, this guide represents a critical resource for sound plant valuation. www.fnr.purdue.edu 118 AGENDA ITEM 2.1 2 Determine the functional limitations of the tree and its interaction with site elements. Evaluation of the structural integrity and overall health of trees is an important component of the appraisal process. Tree Appraisal • FNR-473-W Why should a tree be appraised? Tree appraisal assigns monetary importance to any tree on a site that is indicative of the tree’s contribution to the site, especially when construction may affect plants on the property. Basically, an appraisal constitutes developing an opinion of value or cost of a site’s landscape elements. An appraisal’s purpose is defined by a client’s needs, which may include unexpected losses, tort claims, insurance claims, tax deductions, real estate assessment, and proactive planning. The best time to conduct an appraisal is prior to any incident with, or damage to, a tree. However, most appraisals occur after a tree has been removed or damaged. Such situations require additional investigation and might include a determination of pre-casualty value or comparative sampling on a local basis. Provided they are available, previous site records, tree assessments, site reviews, and even witnesses can help determine a tree’s pre-damage condition. After gathering every relevant fact, the appraiser determines the appropriate method of appraisal and provides an unbiased valuation. The appraiser should document all activities related to this process, from initiating client contact and establishing a tree’s background information to inspecting a site, collecting data, and formulating a reasonable and defensible value. One technique outlined in the Guide for Plant Appraisal is the Trunk Formula Technique (TFT), which appraises larger trees in the landscape within the Cost Approach. Used by professional appraisers, this technique extrapolates costs to purchase the largest commonly available nursery tree relative to the size of the appraised tree. This means the costs of a nursery tree can be proportionally increased to infer the cost of a larger tree. Small trees being appraised, less than 4 caliper inches or an 8-foot conifer, would be figured at retail cost. The value based on the TFT application is a calculation generated by using unit tree costs. The unit tree costs required for this formula must be obtained either from local resources as determined by the consulting arborist or collected by the Regional Plant Appraisal Committee (RPAC). The RPAC is comprised of industry experts who are typically associated with their local chapter of the International Society of Arboriculture. This committee gathers data based on statewide information to determine unit costs for commonly available trees, the trees’ obtainability, and their functional limitation in your area. 119 AGENDA ITEM 2.1 3 Tree Appraisal • FNR-473-W There may be external limitations outside the tree owner’s control — such as the site location — that can affect tree value. A diameter tape aids in calculating tree size. RPAC information and data is a baseline for species; it is the responsibility of the appraiser to determine tree species ratings and wholesale values based on availability in a region. Ratings for common Indiana tree species can be found at the Indiana Arborist Association website (www.indianaarborist. org). Statewide surveys have determined that for the computations needed for cost techniques, the largest commonly available, transplanted deciduous tree would be 3.5 caliper inches with a unit tree cost of $37.67. Calculating a tree’s value using the TFT begins with multiplying the cross-sectional area of the tree by the unit tree cost. To determine a tree’s cross-sectional area, you must first calculate the tree’s diameter at breast height (DBH). DBH is measured using a special diameter-measuring tape wrapped around the tree at 4.5 feet above the ground. In lieu of the special measuring tape, regular measuring tape can be used to determine circumference and that number divided by 3.14 to calculate DBH. Once the diameter is determined, divide by 2 to get the radius. Multiplying that number by the unit tree cost will then provide the overall basic cost. For example: If a tree has a diameter of 20 inches, the computation would be 10 x 10 x 3.14 — equaling 314 inches. Multiplying 314 by a unit cost of $37.67 equals $11,828, which is the overall basic cost. However, this is not necessarily the “value” of the tree. Additional factors will affect a tree’s value, which is why a professional appraiser is recommended for an accurate value. Factors in Appraisals Depreciation Accurate appraisal values will reflect the application of depreciation factors. Professional appraisers use depreciation in their valuation process to justify differences in a new, “perfect” tree compared to the appraised tree. This will account for less-than-ideal tree characteristics, placement in the landscape, or the site it occupies. The three depreciation factors or variables include actual condition of the tree, functional limitations, and external limitations. Condition As it relates to a depreciation factor in tree valuation, “condition” refers to the assessment of overall tree health. Professional appraisers will assess a tree’s vigor, looking for 120 AGENDA ITEM 2.1 Properly placed trees can add value to your home and property. 4 Tree Appraisal • FNR-473-W the presence of pest issues and any stress symptoms. They also will consider the tree’s structure and form — reviewing branch habits to determine if there is a strong, stable structure with good branch attachments and spacing and if the tree has a good form for its species. Each species has a typical genetic form, or “normal” traits, representative of its species. However, most trees are not normal or typical. See Table 1 for more information on rating the condition. Functional limitations Functional limitations applied as depreciation factors in tree valuation are primarily associated with the tree itself or the site on which it’s located. These are factors that may limit future growth, development, and overall health. Site conditions and placement, such as proximity to utility lines, could limit full development due to necessary pruning for clearance. Professional appraisers will investigate any genetic limitations related to the genus and species itself. These include naturally poor branch systems, susceptibility to pests, or invasive tendencies as examples that would depreciate a tree’s value. External limitations External limitations applied as depreciation factors in tree valuation include issues outside the control of the tree’s owner that may affect sustainability, structure health, or tree form. One example of external limitations would be environmental circumstances such as water availability, issues with threats from pests, or utility vegetation management concerns where there are impending conflicts between power lines and a tree. Additionally, local ordinances, easements, or rights of ways may be factors that affect life expectancy. When applying depreciation factors toward overall basic cost, a professional appraiser will assign a rating to each of these three depreciation categories: condition, functional limitations, and external limitations. The overall basic cost is multiplied by the determined value in each of these three categories to estimate the depreciated cost — the final functional reproduction value using the Trunk Formula Technique. 121 AGENDA ITEM 2.1 5 Tree Appraisal • FNR-473-W Tree appraisals must be reasonable and defensible. The Trunk Formula Technique is only one method to appraise large trees. It is important to realize that estimates of a tree’s value may not be proportionate to the value of a property or what would actually be paid for a tree. Studies estimate that trees may account for up to 15% of a residential property’s value. Much lower values could result, given such other circumstances and factors as location. For example: An ideal, mature sugar maple with a 24-inch diameter at breast height may be valued at more than $15,000, but the home it resides next to may be worth $35,000. This is an unrealistic tree value that is not reasonable in any professional appraisal situation. Legitimate appraisal values should be reasonable and defensible; this requires a knowledgeable, professional consulting arborist. Tree Appraisal Scenario Let’s put the Trunk Formula Technique to work with an example for a typical suburban landscape. Example A residential site in an Indiana neighborhood has a sugar maple (Acer saccharum) on the front lawn, shading the front of the home. Measuring 14 inches at breast height, the tree is in good condition and in a proper location. The tree’s owners wish to have it appraised to determine the value of the tree on their property. The appraisal calculation method would be as follows: 1. Basic Reproduction Cost = CSA x UTC CSA = Cross-sectional area of the subject tree UTC = Unit tree cost, determined by the Regional Plant Appraisal Committee (RPAC) or local wholesale cost 2. Depreciated Reproduction Cost = CR x F x E x BRC CR = Condition rating F = Functional limitations rating E = External limitations rating BRC = Basic reproduction cost 3. Total Additional Costs = cleanup, installation, maintenance These other costs would be included if there is a loss that requires the removal of a tree and the installation of a new tree, along with post-planting care costs for a determined time. 4. Total Reproduction Cost = DRC + TAC DRC = Depreciated Reproduction Cost TAC = Total Additional Costs 5. Appraisal Value = Total Reproduction Cost rounded to the nearest thousand. 122 AGENDA ITEM 2.1 6 Tree Appraisal • FNR-473-W Now, back to our example using the steps above: 1. Basic Reproduction Cost: 154” CSA x $37.67 UTC = $5,801 2. Depreciated Reproduction Cost: 1.0 CR x .80 F x 1.0 E x $5,801 BRC = $4,640 3. Total Additional Costs: $0 (not applicable in this example) 4. Total Reproduction Cost: $4,640 DRC + $0 TAC = $4,640 5. Appraisal Value: $5,000 (TRC rounded to the nearest thousand) Following the calculated steps, the reproduction value of the tree would be $5,000. This value is the reproduction cost of the tree if it were destroyed or lost. In other words, it is the cost to replace a tree with an exact replica. As mentioned: Dependent upon appraisal situations, there are other approaches, methods, and techniques beyond the Trunk Formula Technique used to estimate costs and tree values. These alternative means may be found in the Guide for Plant Appraisal, 10th edition. Arboricultural consultants should utilize the guide as a resource to develop a professional work product. Summary and Resources Tree appraisal is a professional service provided by consulting arborists. An appraiser may assume the role of mediator, arbitrator, consulting expert, or expert witness. In many situations, an appraisal might be disputed in a lawsuit. An appraiser should maintain professional liability insurance for litigation cost protection. This publication is for educational purposes only to provide an awareness of tree value. When an expert opinion is necessary — as for an insurance or legal claim — it is highly recommended that a tree owner consult with a professional arborist trained in current appraisal methodology. For a list of professional arborists, consult the following online resources: American Society of Consulting Arborists, Registered Consulting Arborist: https:/www.asca-consultants.org/ default.aspx International Society of Arboriculture, Certified Arborist: https://www.treesaregood.org/findanarborist Depreciation can be significant where overhead utilities are present. Tree condition and form play a major role in depreciation of plant value. 123 AGENDA ITEM 2.1 Tree Appraisal • FNR-473-W It is the policy of the Purdue University Cooperative Extension Service that all persons have equal opportunity and access to its educational programs, services, activities, and facilities without regard to race, religion, color, sex, age, national origin or ancestry, marital status, parental status, sexual orientation, disability or status as a veteran. Purdue University is an Affirmative Action institution. This material may be available in alternative formats. Nov. 2019 Order or download materials from Purdue Extension • The Education Store www.edustore.purdue.edu 7 Condition Rating Tree Structure Consider root condition/formation, trunk condition, and branch assembly and arrangement. Tree Health Consider crown indicators — including vigor, density, leaf size, quality, and stem shoot extensions. Tree Form Consider the general shape and overall form. Formula Values Excellent Root plate undisturbed and clear of any obstructions. Trunk flare has normal development. No visible trunk defects or cavities. Branch spacing/structure and attachments are free of any defects. Perfect specimen with excellent form and vigor, along with a well-balanced crown. Trunk is sound and solid. No apparent pest problems. Normal to exceeding shoot length on new growth. Normal leaf size and color. Exceptional life expectancy for the species. Ideal tree for that species, including shape and canopy symmetry, health, and density. Outstanding function on the site or location. 1.0-.90 Good Root plate appears normal, with only minor damage. Possible signs of root dysfunction around trunk flare. Minor trunk defects from previous injury, with good closure and less than 25% of bark section missing. Good branch habit; minor dieback with some signs of previous pruning. Co- dominant stem formation may be present, requiring minor corrections. Imperfect canopy density in 10% or less of the tree. Lacks natural symmetry. Less than half the normal growth rate and minor deficiency in leaf development. Few pest issues or damage, and controllable if present. Normal branch and stem development with healthy growth. Typical life expectancy for the species. Nearly ideal tree for that species, including shape and canopy symmetry, health, and density. Functions well on the site or location..90-.75 Fair Root plate reveals previous damage or disturbance. Dysfunctional roots may be visible around the main stem. Evidence of trunk damage or cavities, with decay or defects present and less than 30% of bark sections missing on trunk. Co-dominant stems are present. Branching habit and attachments indicate poor pruning or damage, which requires moderate corrections. Crown decline and dieback up to 30% of the canopy. Poor overall symmetry. Leaf size smaller and color somewhat chlorotic. Shoot extensions indicate some stunting and stressed growing conditions. Obvious signs of pest problems contribute to a lesser condition. Some decay areas found in the main stem and branches. Below-average life expectancy for the species. Acceptable tree for that species. Tree shape and symmetry are adequate, with some substantial asymmetry in shape and canopy form. May have considerable concerns for its use and function on the site or location. .75-.50 Poor Root plate disturbance and defects indicate major damage, with girdling roots around the trunk flare. Trunk reveals more than 50% of bark section missing. Branch structure has poor attachments, with several structurally important branches dead or broken. Canopy reveals signs of damage or previous topping or lion-tailing, with major corrective action required. Lacking a full crown, with more than 50% decline and dieback that especially affects larger branches. Stunting obvious, with little evidence of growth on smaller stems. Leaf size and color reveals overall stress in the plant. Insect or disease infestation may be severe. Extensive decay or hollow characteristics. Low life expectancy for the species. Poor tree for that species. Highly irregular canopy shape and undesirable form make it unattractive and dysfunctional on the site or location. .50-.30 Very Poor Severe damage within the root plate and root collar exhibits major defects that could lead to tree death or failure. A majority of the bark or trunk is affected, either decayed or missing. Branching is extremely poor or severely topped, with severe dieback in canopy. Little or no opportunity for mitigation of any tree parts. More than 70% of the canopy is in severe decline or dead. Canopy density is extremely low, with chlorotic and necrotic tissue dominating the canopy. Severe decay in the trunk and major branches. Root plate damage with a majority of roots damaged, diseased or missing. Very low life expectancy for the species. Disagreeable tree for that species, with highly diminished function and aesthetic appeal on the site or location..30 -.10 Dead .10 or less Table 1. Condition Rating for Landscape Trees This table is a general representation to assist in formula values. The tree condition ratings described below encompass factors of a tree’s health, form, and above- and below-ground structure. Each tree can have any combination of the following health or structural issues, as well as others not mentioned. The expression of symptoms and signs is subjective. The appraiser should consider individual tree species characteristics and use existing circumstances as a reasonable scale to determine a tree’s condition. 124 AGENDA ITEM 2.1 MEDINA, WASHINGTON AGENDA BILL Tuesday, September 21, 2021 Subject: Comp Plan 101 Category: Discussion Staff Contact(s): Stephanie Keyser, Planning Manager Summary The Growth Management Act requires Comprehensive Plans to be updated at least every eight- years during a mandatory periodic review cycle. The city will begin its update in 2022 to meet the July 1, 2024 deadline. To begin to prepare Council and Planning Commission on the upcoming update, staff has prepared a Comp Plan 101 presentation. Attachment(s) None Budget/Fiscal Impact: N/A Recommendation: N/A City Manager Approval: N/A Proposed Council Motion: N/A Time Estimate: 15 minutes 125 AGENDA ITEM 2.2 MEDINA, WASHINGTON AGENDA BILL Tuesday, September 21, 2021 Subject: 2021-2022 Proposed Planning Commission Work Plan Category: Discussion Staff Contact(s): Stephanie Keyser, Planning Manager Summary Every year, in collaboration with Planning Commission and staff, the City Council adopts a work plan that identifies a set of issues for Planning Commission to advise Council on. To provide a comprehensive snapshot, the work plan includes tasks that are currently being worked on, the subsequent issues that will be discussed, and the timing of the City’s next mandated updates. Where it makes sense, as Planning Commission works through the plan, related and overlapped topics will be combined to better inform the synthesis of analysis or code update. Although adopted yearly, the work plan should be thought of as a dynamic document that can and will be changed as needed if priorities shift or new legislation requires action by the city. Attachment(s) Proposed 2021-2022 Planning Commission W ork Plan Budget/Fiscal Impact: N/A Recommendation: Approve City Manager Approval: N/A Proposed Council Motion: Move to approve the 2021-2022 Planning Commission Work Plan Time Estimate: 15 minutes 126 AGENDA ITEM 2.3 TASK ORIGIN/RANKING % Complete Start Due/End Date FUTURE POLICIES, PLANS & REGULATIONS Shoreline Master Program (SMP) periodic review - Mandatory Staff/Begin 2026 2026 Next update due 2028 ENVIRONMENTAL/SUSTAINABILITY Tree Code Regulations (Limited Scope : Focus on new construction/redevelopment)CC/1 85% Oct. 2020 PC Public Hearing - Oct. 19; CC Public Hearing - Nov. 8; CC tentative adoption Dec. 13 Tree Code Enforcement - re: survival of supplemental trees PC, CC/2 Summer 2021 Dec-21 POLICIES, PLANS & REGULATIONS Permanent Supportive and Transitional Housing Staff/3 Oct./Nov. 2021 Feb-22 Comprehensive Plan Periodic Review - Mandatory Staff, CC/4 Dec. 2021 June 30 2024 BULK REGULATIONS Alternatives to Original Grade Staff, PC/5 Jan./Feb. 2022 2022 Analysis and strategic review of commuter parking Staff, CC/6 2023 2023 127 AGENDA ITEM 2.3 Item Description Requests to Staff Outside experts/ consultants needed Deliverable Timing and budget notes Shoreline Master Program Period Review This task involves updating the Shoreline Master Program (SMP), which manages shoreline resources and development in Medina, to comply with the Shoreline Management Act, State Shoreline Master Program Guidelines and best practices for shoreline protection. Update to ensure consistency between the SMP and the rest of Medina's Code. Anticipated start should be no later than 2026 to meet 2028 deadline. Yes Update SMP to be compliant with changes in the laws, rules and applicable updated guidance that has been adopted since 2019. Next mandated upate is due in 2028. Suggested start no later than 2026. ENVIRONMENT Tree Code Regulations 1. Review tree retention and replacement requirements for new single-family construction (land under development) Medina’s sylvan nature is something that distinguishes it from the surrounding jurisdictions and contributes to its high- quality residential character. Recent projects have demonstrated a deficiency in the tree code regarding new construction. This task would only review the sections of the tree code that relate to new single-family site redevelopment. Staff: The first step will be to examine the retention and replacement requirements for lots undergoing redevelopment. We will be utilizing our existing consultants to help with this The initial deliverable from PC to CC would be a high-level recommendation regarding changes to the retention and replacement requirement in the tree code for new single-family development (MMC 20.52.110) and/or the minimum performance standards for land under development (MMC 20.52.130). PC Public Hearing - Oct. 19; CC Public Hearing - Nov. 8; CC tentative adoption Dec. 13 2. Review the enforcement part of the tree code, specifically as it relates to the survival of supplemental trees Although the tree code requires supplemental trees to survive for five years after planting, there is currently not a process that oversees this. Coupled with homeowner turnover, supplemental trees are often unknowningly cut down (due to their small size) or left to die. This task would consider ways to ensure the survival and/or tracking of supplemental trees by examining what other cities do and ensuring that whatever is proposed can be funded (if applicable) and enforced. Staff: The first step will be to examine how surrounding cities utilize tree code enforcement. We will be utilizing our existing consultants to help with this The initial deliverable from PC to CC would be a high-level recommendation regarding implementing tree code enforcement for supplemental trees. Anticipated PC recommendation by December 2021 or January 2022 WA LAW / MANDATORY Updates to WA Law 3. Permanent supportive and transitional housing The legislature has mandated that in every zoning district where single-family residential is permitted (in Medina that's every zoning district), cities now must allow permanent supportive and transitional housing. Although these cannot be prevented from coming into the city, there are certain guard rails that the city may adopt to limit potential impacts. Staff: The scope of what the city can do is limited, however some cities have already adopted provisions that we can similarly consider. Staff will work with the city attorney The deliverable will be a proposed amendment to the code that includes an update to the use table, new definitions, and additional minor requirements. Anticipated recommendation by February 2022 at the latest Periodic Review (Mandatory) Future Tasks - Mandatory Deadline Current Working Tasks 128 AGENDA ITEM 2.3 4. Comprehensive Plan 2024 Periodic Review This will be a total update of the existing Comprehensive Plan and will require coordination between Council, Planning Commission, Park Board, and residents. The process will include on-going public participation opportunities and outreach with the goal of hearing from as many stakeholders as possible. Comp Plan updates are a lengthy process which is why we will be starting early. Staff: This will involve broad reaching public participation that includes Medina's residential and non- residential stakeholders as well as coordination between Council, Planning Commission, and Park Board. Yes The deliverable will be a user-friendly document that will include a community vision statement and serve as a roadmap for development in the city over the next twenty years (there are periodic updates mandated to the Comp Plan every 8 years). Comp Plan grants are anticipated to open up in the summer of 2022. In the meantime, the city will be applying for a grant to do a Housing Action Plan which will cover a portion of the requirements of the Comp Plan Housing Element. The Comp Plan is due by June 30, 2024 MISCELLANEOUS 5. Alternatives to Original Grade Medina measures height from original grade. This is an imperfect process that requires a Geotech to take samples of the earth and analyze them to determine where on the lot original grade is. Because this is an imperfect science, different experts can reach different determinations of original grade. Over the years the conversation of finding an alternative to original grade has been discussed, most recently while Planning Commission was discussing bulk. This work plan item would be a study of the methods surrounding cities use to measure height by taking previously submitted applications from lots of varying topographies throughout the city and determining what the maximum height would be. Staff: This would be a study of the methods surrounding cities use to measure height. The analysis will include taking previously submitted applications from lots of varying topographies throughout the city and determining what the maximum height would be under these alternative methods. We will utilize our existing consultants to help with this The deliverable will be a suggested update to the method for measuring height. Begin early 2022 6. Analysis and strategic review of commuter parking This would be a review of the impacts that commuter parking (both to utilize the 520 park-n-ride and to park-and- bike) has on surrounding neighborhoods; specifically going block-by-block to analyze the impacts the increased vehicle traffic is having on the neighborhoods. Staff: This analysis would involve establishing an impacted buffer and conducting the analysis inside of that buffer over multiple days/weeks and multiple times of day The study itself would be 100% consultant driven; proposed amendments to the code once the study was fnished would be done by Planning Commission The initial deliverable would be a study/report outlining the impacts that commuter parking has on the surrounding neighborhoods. Begin 2023 pending available funding 129 AGENDA ITEM 2.3