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HomeMy WebLinkAbout01-26-2021 - Agenda Packet MEDINA, WASHINGTON www.medina-wa.gov PLANNING COMMISSION MEETING AGENDA Virtual/Online Tuesday, January 26, 2021 2:00 PM With the passage of the City’s Proclamation of Local Emergency, City Hall is closed to the public. 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 Planning Commission meeting will need to register their request with the Development Services Coordinator at 425.233.6414 or email ataylor@medina-wa.gov and leave a message before 12PM on the day of the January 26th Planning Commission meeting. Please reference Public Comments for January 26th Planning Commission Meeting on your correspondence. The Development Services Coordinator 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. Join Zoom Meeting https://zoom.us/j/95794459539?pwd=V3REakFkRXk5bUdGbnpqbmxFV2dMZz09 Meeting ID: 957 9445 9539 Passcode: 502798 One tap mobile +12532158782,,95794459539# US (Tacoma) AGENDA Page 1. CALL TO ORDER / ROLL CALL David Langworthy, Mark Nelson, Laurel Preston, Mike Raskin, Randy Reeves, Shawn Schubring and Jenny Smith 2. ELECTIONS 3 - 4 1. Election of the 2021 Chair and Vice Chair 3. ANNOUNCEMENTS 1. Staff/Commissioners 4. APPROVAL OF MINUTES 5 - 6 1. Planning Commission Meeting Minutes of December 8, 2020. Recommendation: Adopt Minutes. Staff Contact: Amber Taylor, Development Services Coordinator Page 1 of 24 Page 5. AUDIENCE PARTICIPATION Individuals wishing to speak live during the Virtual Planning Commission meeting will need to register their request with the Development Services Coordinator, Amber Taylor, via email (ataylor@medina-wa.gov) or by leaving a message at 425.233.6414 before 12pm the day of the Planning Commission meeting. Please reference Public Comments for the January 26th Planning Commission meeting on your correspondence. The Development Services Coordinator 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. 6. DISCUSSION 7 - 11 1. Subject: Mitigating Bulk Recommendation: Approve. Staff Contact: Stephanie Keyser, AICP, Planning Manager 12 - 24 2. Subject: Tree Code Retention and Replacement Requirements Recommendation: Discussion item only. Staff Contact: Stephanie Keyser, AICP, Planning Manager 7. ADJOURNMENT Next special meeting: February 23, 2021 at 2 PM. 8. ADDITIONAL INFORMATION Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless otherwise specified. UPCOMING MEETINGS Tuesday, February 23, 2021 Special Meeting at 2:00 PM Tuesday, March 23, 2021 Special Meeting at 2:00 PM Tuesday, April 24, 2021 Special Meeting at 2:00 PM Tuesday, May 25, 2021 Special Meeting at 2:00 PM Tuesday, June 22, 2021 Special Meeting at 2:00 PM Tuesday, July 27, 2021 Special Meeting at 2:00 PM Tuesday, August 24, 2021 Special Meeting at 2:00 PM Tuesday, September 28, 2021 Special Meeting at 2:00 PM Tuesday, October 26, 2021 Special Meeting at 2:00 PM Tuesday, November 23, 2021 Regular Meeting Cancelled November 2021 Meeting Date TBD Tuesday, December 28, 2021 Regular Meeting Cancelled December 2021 Meeting Date TBD In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting. Page 2 of 24 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: January 26, 2021 TO: Medina Planning Commission FROM: Stephanie Keyser, AICP, Planning Manager RE: Opening the Meeting and Electing the 2021 Chair and Vice Chair Every January, the Planning Commission elects a chair to preside over the meeting and a vice chair to preside over the meeting in the absence of the chair. Staff recommends using the process set forth below, which is based on parliamentary procedural rules. Opening the Meeting City Clerk, Aimee Kellerman, will call the Planning Commission meeting to order as the neutral party. Roll Call Amber Taylor, Development Services Coordinator, will follow with roll call. Election of Chair Ms. Kellerman will call for nominations for the Chair. Any Commissioner may nominate him or herself or a fellow Commissioner. No second is required. Commissioners may decline their nomination if desired. When all nominations have been received, the nomination period shall be closed. Nominees and nominators may make a brief statement in support of their nominations before the period is closed. Nominees will be voted on in the order in which they were nominated. Once a nominee has received a majority vote, they will be declared the Chair. Once elected, the new Chair will move into his/her new seat at the head of the dais. Election of Vice Chair The newly elected Chair will take over the call for nominations for Vice Chair. Any Commissioner may nominate him or herself or a fellow Commissioner. No second is required. Commissioners may decline their nomination if desired. When all nominations have been received, the Chair shall close the nomination period. AGENDA ITEM 2.1 Election of the 2021 Chair and Vice Chair Page 3 of 24 Nominees and nominators may make a brief statement in support of their nominations before the period is closed. The Chair will call for a vote beginning with the first nominee. Once a nominee has received a majority vote, they will be declared the Vice Chair. Once elected, the new Vice Chair will move into his/her new (virtual) seat. AGENDA ITEM 2.1 Election of the 2021 Chair and Vice Chair Page 4 of 24 MEDINA, WASHINGTON PLANNING COMMISSION SPECIAL MEETING MINUTES ZOOM Tuesday, December 8, 2020 2:00 PM MINUTES A.CALL TO ORDER The Planning Commission Special Meeting of December 08, 2020 was called to order at 2:06 p.m. by Chair Preston. B. ROLL CALL Commissioners Present: Nelson, Raskin, Reeves, Smith, Schubring and Preston Commissioners Absent: Langworthy Staff Present: Keyser, Taylor and Kellerman C. ANNOUNCEMENTS 1.Keyser announced the 2021 work plan agenda schedule. 2.Chair Preston proposed live comments during Planning Commission Meetings. D. APPROVAL OF MINUTES 1.Amended Minutes from November 17, 2020 Special Planning Commission Meeting. ACTION: Motion Nelson Second Schubring Approved 6-0 E. AUDIENCE PARTICIPATION None F.DISCUSSION Raskin calls motion to recommend adopting average grade. Raskin withdrew motion. 1.Subject: Mitigating Bulk and Potential Height Bonus Keyser discussed code proposal from the agenda packet. Commissioners discussed and asked questions. Staff responded. AGENDA ITEM 4.1 Planning Commission Meeting Minutes of December 8, 2020.Page 5 of 24 ACTION: Keyser to come back with draft code for pitched roof incentive with expressed due to expressed concerns from today’s meeting. 2. Subject: Tree Code Retention and Replacement Requirements Chair Preston listed factors to consider for Council. Keyser read through tree code information packet. Commissioners give input on existing tree code. Staff responded. ACTION: Continue discussion in next Planning Commission Meeting. G. OTHER BUSINESS None H. ADJOURNMENT Motion Nelson Second Reeves; The Special Planning Commission Meeting adjourned at 4:15pm Minutes taken by: Amber Taylor AGENDA ITEM 4.1 Planning Commission Meeting Minutes of December 8, 2020.Page 6 of 24 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: January 26, 2021 TO: Medina Planning Commission FROM: Stephanie Keyser, AICP, Planning Manager RE: Mitigating Bulk Planning Commission was tasked with finding ways to mitigate bulk, specifically the bulk of large, boxy, and looming houses. The work plan items that served as the foundation from which Planning Commission’s discussions evolved may be found below: 1.Review residential development policy re: second story setback Description This is a topic that came out of the May 2018 Joint Study Session with a suggestion to review the Mercer Island policy. This is a topic that has been combined with task #2. Requests to Staff The first step will be an analysis of best practices and surrounding cities (namely Mercer Island’s) policies regarding a second story being setback or a daylight plane being implemented Deliverable The initial deliverable from PC to CC would be high-level recommendations. CC, in consultation with PC, would then set next steps in development detailed Code provisions. 2.Review Floor Area Ratio/Minimum Landscaping Requirements Description This task involves review of best practices in the region regarding lot coverage, building bulk, etc. Consider whether to change from structural coverage standard to Floor Area Ratio standard, or perhaps some combination of the two. This would incorporate 2016 work item looking at structural coverage based on height. Requests to Staff The first step will be an analysis of best practices in surrounding cities to determine whether the structural coverage should remain, a change to FAR should be pursued, or if some hybrid of the two could be implemented. AGENDA ITEM 6.1 Subject: Mitigating Bulk Page 7 of 24 Deliverable The initial deliverable from PC to CC would be high-level recommendations. CC, in consultation with PC, would then set next steps in developing detailed Code provisions. Planning Commission was given an extension to provide a recommendation on bulk to Council at their February 8th meeting. Half of what has been discussed was agree upon at the end of last year: modify the structural coverage that’s allowed for lots larger than 16,000 square feet in the R-16 zoning district to match what’s allowed for the same sized lot in R-20/R-30 (See Appendix A for proposed code). It is acknowledged that while the reduction of structural coverage for lots larger than 16,00 square feet will have some impact on bulk, it does not address the code’s unintentional encouragement of box-style houses. To address this, a height bonus has been suggested if a pitched roof is used, however the details have not been solidified. It is staff’s opinion that the majority of the commission would like to establish a different way to measure building height and this has created an impasse to moving forward with a height bonus recommendation. In order to get a definitive understanding on how Planning Commission feels about this, staff would like to know: How many Planning Commissioners want the City to pursue moving to an average grade calculation (or some approximation)? Whether or not moving to average grade (or some approximation) is what is preventing you from voting on the height bonus proposal? The answers to the above questions will be included in the staff report for Council’s February 8th meeting. It is probable that any further height bonus discussion will need to be placed on hold until Council provides direction on whether or not Planning Commission is to proceed with investigating a new way to determine height. AGENDA ITEM 6.1 Subject: Mitigating Bulk Page 8 of 24 Appendix A 20.23.020 Structural coverage and impervious surface standards. A. Table 20.23.020(A) establishes the total structural coverage and total impervious surface allowed on a lot within the R-16 zone: Table 20.23.020(A): R-16 Zone Total Structural Coverage and Impervious Surface Standards Square Footage of the Lot Area Maximum Structural Coverage Maximum Impervious Surface 10,000 or less 30 percent 55 percent 10,001 to 10,500 29.58 percent 55 percent 10,501 to 11,000 29.17 percent 55 percent 11,001 to 11,500 28.75 percent 55 percent 11,501 to 12,000 28.33 percent 55 percent 12,001 to 12,500 27.92 percent 55 percent 12,501 to 13,000 27.5 percent 55 percent 13,001 to 13,500 27.08 percent 55 percent 13,501 to 14,000 26.67 percent 55 percent 14,001 to 14,500 26.25 percent 55 percent 14,501 to 15,000 25.83 percent 55 percent 15,001 to 15,500 25.42 percent 55 percent 15,501 to 15,999 25.21 percent 55 percent 16,000 or greater 25 percent 55 percent 16,001 to 16,500 24.5 percent 55 percent AGENDA ITEM 6.1 Subject: Mitigating Bulk Page 9 of 24 Square Footage of the Lot Area Maximum Structural Coverage Maximum Impervious Surface 16,501 to 17,000 24 percent 55 percent 17,001 to 17,500 23.5 percent 55 percent 17,501 to 18,000 23 percent 55 percent 18,001 to 18,500 22.5 percent 55 percent 18,501 to 19,000 22 percent 55 percent 19,001 to 19,500 21.5 percent 55 percent 19,501 to 29,999 21 percent 55 percent 30,000 and greater 21 percent 55 percent B. Table 20.23.020(B) establishes the total structural coverage and the total impervious surface allowed on a lot within the R-20, R-30 and SR-30 zones: Table 20.23.020(B): R-20, R-30 and SR-30 Zones Total Structural Coverage and Impervious Surface Standards Square Footage of the Lot Area Maximum Structural Coverage Maximum Impervious Surface R-20 Zone R-30/SR-30 Zones 16,000 or less 25 percent 52.5 percent 52.5 percent 16,001 to 16,500 24.5 percent 52.5 percent 52.5 percent 16,501 to 17,000 24 percent 52.5 percent 52.5 percent 17,001 to 17,500 23.5 percent 52.5 percent 52.5 percent 17,501 to 18,000 23 percent 52.5 percent 52.5 percent 18,001 to 18,500 22.5 percent 52.5 percent 52.5 percent 18,501 to 19,000 22 percent 52.5 percent 52.5 percent 19,001 to 19,500 21.5 percent 52.5 percent 52.5 percent 19,501 to 29,999 21 percent 52.5 percent 52.5 percent 30,000 and greater 21 percent 52.5 percent 50 percent AGENDA ITEM 6.1 Subject: Mitigating Bulk Page 10 of 24 C. The total maximum structural coverage and impervious surface area allowed on a lot within the parks and public places and the neighborhood auto zones shall be pursuant to the special use provisions specified for uses within those zones. However, where structural coverage or impervious surface maximums are not specified under the special use provisions, the structural coverage and impervious surface area maximum for the R-20 zone in Table 20.23.020(B) shall apply as applicable. D. The maximum structural coverage and maximum impervious surface area allowed on a lot is determined by multiplying the square footage of the lot area by the corresponding structural coverage and impervious surface area maximum percentages specified in Tables 20.23.020(A) and (B) for the zone in which the lot is located (e.g., a 16,000 square foot lot zoned R-16 may have a maximum of 4,000 square feet (16,000 x 0.25 = 4,000) structural coverage and 8,800 square feet (16,000 x 0.55 = 8,800) impervious surface area per Table 20.23.020(A)). AGENDA ITEM 6.1 Subject: Mitigating Bulk Page 11 of 24 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: January 26, 2021 TO: Medina Planning Commission FROM: Stephanie Keyser, AICP, Planning Manager RE: Tree Code Retention and Replacement Requirements Planning Commission has been asked to review the tree retention and replacement requirements for new single-family construction. The work plan description is below: 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). At the December meeting, the following items were identified for consideration as the commission works through this work plan item: •the numerical tree replacement requirement •the location of trees, both removal and replacements •the specific tree species that the city requires/encourages •the long-term survival rates and enforcement •the role of natural loss •making sure the code is simple and flexible AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 12 of 24 The following have been provided to move the conversation forward with respect to the items above: The specific tree species that the city requires/encourages The code mentions a List of Suitable Trees however this list is neither in the code nor is it on the city’s website. We can’t ask applicants to utilize something and then not make it available for them. This creates an unnecessary burden for anyone trying to use the code. It is likely the list needs to be updated but at minimum it needs to be readily accessible. The role of natural loss Staff is unclear how to integrate this consideration, whether it should be a clause in the code or just generally something to think about during these discussions. Long-term survival rates and enforcement The code does say that owners are responsible for ensuring that the supplemental trees remain viable for 5 years, however there is no mechanism for enforcement or follow-up. There has been concern raised on the logistics and cost of site visits after a project is finaled if we were to add an enforcement section. Numerical tree replacement requirement; Location of trees, both removal and replacement; Making sure the code is simple and flexible In an effort to begin to address the numerical tree replacement requirement, location of removed and replaced trees, and ensuring the code is simple and flexible, a starting point for a code change is presented below. Similar to what other jurisdictions do, the following proposal contains a new section, Tree Retention Priorities, that identifies where applicants should be prioritizing tree retention, where feasible. It also attempts to clarify that the first priority of the code is the retention section. Only if a property is unable to meet the retention requirement or if their new construction project will not require the removal of a tree will the density ratio requirement be triggered. The tree density ratio is suggested to be increased from .35 to .4, which was a suggestion by Tom Early and is actually already the ratio being used in the diagram example in 20.52.130. Finally, a new section, Supplemental Tree Standards and Priorities is suggested. This section takes existing language but adds priorities for where to plant supplemental trees. Again, this is being presented as a starting point for discussion. 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. AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 13 of 24 20.52.110 Tree retention requirements. 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. DC. 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. ED. When calculating retention requirements, trees excluded from retention requirements shall not be included in the calculation. AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 14 of 24 FE. 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 3624-inch diameter breast height size and located within the footprint of the principal building on the lot. F. For the purpose of calculating tree retention, critical areas and their associated buffers shall be excluded from the site area used for calculation. Critical areas shall be limited to wetlands, streams, geologically hazardous areas, conservation easements, and their associated buffers. G. In the event the city arborist determines there are not enough viable, healthy trees on site capable of meeting the requirements of this section, the director may waive the retention requirement in leu of the minimum tree density requirement in MMC 20.52.140. 20.52.120 Tree retention priorities. A. The retention of significant trees shall be taken into account in accordance with the following guidance: 1. Achieving the required retention as required by MMC 20.52.110 shall be included as a primary step in site planning. Site design strategies and specific development site areas targeted for retention shall be presented at the pre-application meeting with the city. 2. Trees shall be incorporated as a site amenity with a strong emphasis on tree protection. To the extent possible, forested sites should retain their forested look, value, and function after development. 3. Trees should be protected within vegetated islands and stands rather than as individual, isolated trees scattered throughout the site. 4. Trees to be retained shall be healthy and wind-firm as identified by a qualified arborist. 5. The grading plan shall be developed to accommodate existing trees and avoid significant alteration to the grades around the existing trees that are to be retained as part of a tree retention plan. B. A tree retention plan shall be prepared with consideration of the following retention priorities. Priorities are not provided in an order of preference. Rather, successful tree retention shall meet as many of these priorities as are feasible based on the site conditions and the recommendations from a qualified arborist: 1. Significant trees which form a continuous canopy. 2. Significant trees located within the front yard setback. AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 15 of 24 3. Significant trees adjacent to critical areas and their associated buffers. 4. Significant trees located within a setback other than the front, especially when they provide privacy screening between adjacent parcels. 5. Significant trees over sixty (60) feet in height or greater than twenty-four (24) inches DBH. 20.52.1230 Legacy tree protection measures. This section applies to trees designated as legacy trees, which are native trees that because of their age, size and condition are recognized as having exceptional value in contributing to the character of the community. A. A tree meeting all of the following criteria shall be designated as a legacy tree: 1. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable Tree Species”; and 2. The diameter breast height of the tree is 50 inches or larger; and 3. The city arborist determines the tree to be healthy with a likelihood of surviving more than 10 years based on assumptions that: a. The tree is properly cared for; and b. The risk of the tree declining or becoming a nuisance is unenhanced by any proposed development; and 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 trees shall be preserved and retained unless replacement trees are planted in accordance with the following: 1. The quantity of replacement trees is calculated by multiplying the diameter breast height of the subject legacy tree by 50 percent 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 AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 16 of 24 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. C. In lieu of planting the replacement trees prescribed in subsection (B) of this section, an applicant may satisfy the tree replacement requirements by: 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 20.52.1350(D)(4)(a) through (d) and (g); 2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall apply to the removal of a legacy tree in lieu of and in addition to requirements for removing nonlegacy trees; 3. The tree replacement requirements set forth in this section for a legacy tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing tree unit gap; 4. If the minimum performance 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 20.52.1450(A2), (B), (C), and (E) are acceptable alternatives to on-site replacement tree planting. 20.52.1340 Minimum performance 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. where: 1. The tree retention requirements in MMC 20.52.100 have been met and the land has not met the tree density requirements in Table 20.52.140(C); or 2. The lot is under development and a tree is not being removed. B. Figure 20.52.1340 outlines the primary steps prescribed by this section in establishing requirements and determining compliance with this chapter. AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 17 of 24 Figure 20.52.1340 Tree Performance Process BC. 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(BC); and 3. The resulting product is rounded up to the next whole number to establish the minimum number of required tree units. Table 20.52.1340(BC) 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 Table to be clarified AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 18 of 24 Zoning District Category of Land Use Tree Density Ratio 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 CD. 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 20.52.1340(CD); 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 (CD) 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 (DE) of this section. Table 20.52.1340(CD) 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 Coniferous 6 to 10 inches 0.75 Greater than 10 inches, but less than 50 inches 1.0 AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 19 of 24 Tree Type Diameter Breast Height of Existing Tree Tree Unit 50 inches and greater 1.25 DE. 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 (DE)(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 (DE)(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 20.52.1340(DE); 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 (DE)(3)(d) of this section, and consistent with subsection (DE)(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 (BC) 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 20.52.1340(E) for an example of calculating supplemental trees. Table 20.52.130(DE) 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 AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 20 of 24 Purpose of Supplemental Tree Diameter Breast Height of Removed Tree Tree Unit for Supplemental Trees Fill a pre-existing tree unit gap Not applicable 1.0 Diagram 20.52.1340 Example Calculating Supplemental Trees 4. Minimum Development Standards Applicable to All Supplemental 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; 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; AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 21 of 24 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. 20.52.1450 Off-site tree planting 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: 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. AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 22 of 24 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 20.52.140(E), the trees shall be planted in the following order of priority: 1. On-site and 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 Chapter 20.50 and 20.67; b. Adjacent to stormwater facilities; c. Within the site perimeter; d. Within the property’s right-of-way. 2. Off-site. An owner may elect to plant the required trees at another approved location in 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; b. Street rights-of-way; 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 within the jurisdiction over the off-site location; e. Any other property determined appropriate by the director. 2. Medina tree fund. In lieu of planting trees, an owner may contribute to the Medina tree fund provided the following are satisfied: a. When the contribution is for replacing an existing significant tree, payment is at a rate of: i. 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; ii. 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; iii. 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; AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 23 of 24 a. When the contribution is for required tree plantings used to satisfy the pre-existing tree unit gap determined in MMC 20.52.130(E)(1), payment shall be at a rate of $1,700 per required tree not planted. D. 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. 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 an existing tree on the property where the off-site tree is located. AGENDA ITEM 6.2 Subject: Tree Code Retention and Replacement Requirements Page 24 of 24