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Home My WebLink About03-23-2021 - Agenda Packet MEDINA, WASHINGTON www.medina-wa.gov PLANNING COMMISSION MEETING AGENDA Virtual/Online Tuesday, March 23, 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 March 23rd Planning Commission meeting. Please reference Public Comments for March 23rd 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/95602281199?pwd=WGswQzRuWm5QbVFvRHNTYkR4RkljUT09 Meeting ID: 956 0228 1199 Passcode: 983941 One tap mobile +12532158782,,95602281199# US (Tacoma) AGENDA Page 1. CALL TO ORDER / ROLL CALL David Langworthy, Mark Nelson, Laurel Preston, Mike Raskin, Randy Reeves, and Shawn Schubring 2. ANNOUNCEMENTS 1. Staff/Commissioners 3. APPROVAL OF MINUTES 3 - 4 1. Planning Commission Meeting Minutes of February 23, 2021. Recommendation: Adopt Minutes. Staff Contact: Amber Taylor, Development Services Coordinator Page 1 of 46 Page 4. 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 March 23rd 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. 5. DISCUSSION 5 - 46 1. Tree Code Retention and Replacement Requirements Recommendation: Discussion item only. Staff Contact: Stephanie Keyser, AICP, Planning Manager 6. ADJOURNMENT Next special meeting: April 27, 2021 at 2 PM. 7. ADDITIONAL INFORMATION Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless otherwise specified. UPCOMING MEETINGS Tuesday, April 27, 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 46 MEDINA, WASHINGTON PLANNING COMMISSION SPECIAL MEETING MINUTES ZOOM Tuesday, February 23, 2021 2:00 PM MINUTES A.CALL TO ORDER/ROLL CALL The Planning Commission Special Meeting of February 23, 2021 was called to order at 2:04 p.m. by Chair Preston. Commissioners Present: Nelson, Raskin, Reeves, Smith, Schubring and Preston. Schubring joined meeting at 3:15pm Commissioners Absent: Langworthy Staff Present: Kellerman, Keyser, Taylor and Wilcox. B.ANNOUNCEMENTS No announcements. C.APPROVAL OF MINUTES Minutes from January 26, 2021 Special Planning Commission Meeting. ACTION: Motion Nelson Second Reeves Approved: 5-0 D.AUDIENCE PARTICIPATION None. E.DISCUSSION 1.Subject: Council Update and Next Steps Keyser discussed with the Commissioners. Commissioners responded and asked questions. Raskin calls to motion to direct staff to come up with language to be voted at the next meeting that would eliminate references to original grade and move to existing grade. No second motion was made. Planning Commission had an exploratory conversation regarding Raskin’s motion. AGENDA ITEM 3.1 Planning Commission Meeting Minutes of February 23, 2021.Page 3 of 46 Raskin calls to motion that Planning Commission comes up with a recommendation to Council regarding bulk and incentives to reduce bulk. No second motion was made. Raskin withdraws motion. Reeves calls to motion that Planning Commission provide the following advisory and supplemental statement for further consideration by City Council: 1. The City of Medina move away from original grade to average grade 2. The Planning Commission undertake further discussion of incentives to reduce bulk, including incentivizing pitched roofs, allowing use of 2ft overhangs for eaves into setbacks and considering additional lot coverage as an incentive for lower maximum height ACTION: Motion Reeves Second Raskin Planning Commissioner’s discussed. Approved: 4:0:1 (Nelson abstained) 2. Subject: Tree Code Retention and Replacement Requirements Wilcox shared tree presentation. Keyser and Commissioners continue to discuss the tree code. ACTION: Commissioner’s to submit their questions for Tom Early in the next Special Planning Commission Meeting on March 23, 2021 to Staff. F. OTHER BUSINESS None. G. ADJOURNMENT Motion Nelson Second Raskin; The Special Planning Commission Meeting adjourned at 4:09pm Minutes taken by: Amber Taylor AGENDA ITEM 3.1 Planning Commission Meeting Minutes of February 23, 2021.Page 4 of 46 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: March 23, 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. Staff anticipates using the same memo template for the next few meetings as we continue to work through this topic. To draw the reader’s attention to those sections with new information, the word UPDATED or NEW will appear at the end of a bolded title. The work plan task is presented 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). AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 5 of 46 PC Discussions Items that have been identified for consideration as the commission works through this work plan topic include: • the definition of a significant tree • better legacy tree protection • the specific tree species that the city requires/encourages • the role of natural loss • long-term survival rates and enforcement • the numerical tree replacement requirement • the location of trees, both removal and replacements • making sure the code is simple and flexible The following have been provided to move the conversation forward with respect to the items above: The definition of a significant tree The current definition of a significant tree in the code requires the tree to be at least 6-inch DBH and a species identified on the City of Medina List of Suitable Tree Species. Removing the requirement for the tree to be on the suitable list will mean that all trees on the lot with a 6-inch DBH or greater would be a significant tree, regardless of native vs. nonnative status. This is consistent with other jurisdictions. Better legacy tree protection (UPDATED) There is a desire that the code have better protection of legacy trees. Specifically, the argument has been made that the replacement cost for a legacy tree is perhaps not punitive enough. This is something that staff has reached out to the city attorney to get feedback on. Additionally, it makes more sense for the dollar amount to be placed in a fee schedule and not in the body of the code, which makes adopting monetary increases easier. Staff will have an answer for the April meeting. The specific tree species that the city requires/encourages (UPDATED) Is the List of Suitable Trees still an accurate reflection of what is suitable? Instead of having a dedicated list, should we just have language requiring tree species that will thrive here? See an example of Bellevue’s language below: …the applicant shall utilize plant materials which compliment the natural character of the Pacific Northwest, and which are adaptable to the climate, topographic, and hydrologic characters of the site Last month, the suggestion of possibly having an exclusion list instead of a suitable list was mentioned. Are there potentially negative impacts to this? Which list would be a better resource to an applicant and provide the clearest direction? AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 6 of 46 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. However, Planning Commission is a recommending body and it is ultimately up to Council to decide what should and should not be included. Numerical tree replacement requirement; Location of trees, both removal and replacement; Making sure the code is simple and flexible (UPDATED) Landscape Plans (NEW) Staff would like to clarify that the only time the city requires a landscape plan is for lots in the shoreline jurisdiction where landscaping is required as part of shoreline mitigation. While oftentimes (but not always) an applicant identifies on the required site plan for Tree Activity Permits those the plants that will eventually be planted, that additional foliage is not being reviewed; the only thing that is of concern is which trees are being removed and how retained trees are going to be protected. Large Lot (+20,000 sq. ft.) Considerations (NEW) Large lots (anything 20,000 square feet or larger) statistically have more trees than smaller lots. This should not be surprising, nor should it be surprising that these larger, more heavily wooded lots are able to cut down more trees. In the future, and with another tree canopy assessment, it would be reasonable to do an analysis and require coverage or the density ratio based on lot size, however this is currently outside of the scope and timeframe for this amendment. One of the complaints often heard is the perceived ‘clear cutting’ that these larger lots seemingly are able to accomplish. One of the ways to address this is to require a percentage of the retained trees to be located within the setbacks in the following prioritized locations: front yard, rear yard, side yard. Staff is of the opinion that this type of requirement would not be appropriate for smaller lots that may only have two or three trees to begin with. Analysis of Status Quo vs. Requiring the Existing Retention Section vs. Percentage of Existing DHB (NEW) The following examples are taken from approved tree permits. The default assumption with using the existing tree retention section of the code would be to use the option that retained the least number of trees based upon the trees that were going to be retained anyway, as identified by the permit. AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 7 of 46 Example #1 Address: 3267 Evergreen Point Road Sq. Ft.: 23,967 sq. ft. Permit No.: TREE-18-023 What was permitted (status quo): Total Tree Units: 17 Sig. Units Removed: 12 Sig. Units Remained: 5 Required Units: 8.5 Supplemental Units: 4 Actual Trees Planted: 8 Requiring existing tree retention section (MMC 20.52.110): 17 existing trees Option #4 – 25% of trees that are 6” DBH or larger with at least 75% of those being 24” DBH or greater Total trees that should be retained retain = 5 (4.25 rounded up) 4 of which are larger than 24” Looking at % of DBH with what was permitted: Total DBH: 525” (524.65 rounded up) (100%) Removed DBH: 378” (378.15) (72%) Actual Removed: 12 Remained DBH: 147” (146.5 rounded up) 28% Actual Retained: 5 40% of existing DBH (potential new): Total DBH: 525” (100%) Required Retention: 210” (40%) Removed: 315” (60%) Additional Retention Required: 63” = 2 additional trees to meet retention Total Trees Retained: 7 45% of existing DBH (potential new): Total DBH: 525” (100%) Required Retention: 236” (45%) Removed: 289” (55%) Additional Retention Required: 89” = 3 additional trees retained Total Trees Retained: 8 Winner of Most Trees Retained = Status Quo Existing Tree Code The status quo existing tree code produced more trees on site due to the requirement of supplemental trees, which is based upon the standardized density ratio for every site (.35 of the lot area). AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 8 of 46 3267 Evergreen Point Road Tree Table Description Tree Dia. (10"-49") Tree Dia. (6"-9") Proposed Removal Western Cedar 37.5 Western Cedar 25 Western Cedar 33 Western Cedar 31.5 Western Cedar 19.5 Western Cedar 41 x Western Cedar 39.9 x Western Cedar 40.5 x Western Cedar 31 x Western Cedar 25 x Western Cedar 42 x Western Cedar 30.5 x Western Cedar 20 x Western Cedar 29 x Laurel 15.25 x Big Leaf Maple 20 x Western Cedar 44 x Example #2: Address: 2632 78th Ave NE Sq. Ft.: 8,120 sq. ft. Permit No.: TREE-20-009 What was permitted (status quo): Total Tree Units: 7 Sig. Units Removed: 2 Sig. Units Remained: 5 Required Units: 3 Supplemental Units: 0 Actual Trees Planted: 0 Requiring existing tree retention section (MMC 20.52.110): 7 existing trees Option #4 – 25% of trees that are 6” DBH or larger with at least 75% of those being 24” DBH or greater Total trees that should be retained = 2 (1.75 rounded up), 2 (1.5 rounded up) of which are larger than 24” Looking at % of DBH with what was permitted: Total DBH: 112” (100%) AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 9 of 46 Removed DBH: 26” (23%) Actual Removed: 2 Remained DBH: 86” (77%) Actual Retained: 5 40% of existing DBH (potential new): Total DBH: 112” (100%) Required Retention: 45” (44.8 rounded up) (40%) Removed: 67” (60%) Total Trees Retained: 2 45% of existing DBH (potential new): Total DBH: 112” (100%) Required Retention: 50” (45%) Removed: 62” (55%) Total Trees Retained: 3 Winner of Most Trees Retained = Tie Between Status Quo Existing Tree Code and 45% DBH Although the actual permit did not require supplemental trees and the parcel retained more trees than was required by all options, the options that required the most trees to be retained are the status quo existing tree code and the retention of 45% of DBH on site, both of which required 3 trees. 2632 78th Ave NE Tree Table Description Tree Dia. (10"-49") Tree Dia. (6"-9") Proposed Removal Western Cedar 16 x Douglas Fir 13 Douglas Fir 10 x Douglas Fir 13 Douglas Fir 27 Douglas Fir 18 Douglas Fir 15 Example #3 Address: 7842 NE 21st ST Sq. Ft.: 24,308 sq. ft. Permit No.: TREE-16-053 What was permitted (status quo): Total Tree Units: 35.5 Sig. Units Removed: 17.75 Sig. Units Remained: 17.75 Required Units: 9 AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 10 of 46 Supplemental Units: 0 Actual Trees Planted: 0 Requiring existing tree retention section (MMC 20.52.110): 36 existing trees Option #2 – 40% of trees that are 6” DBH with ½ having 10” DBH Total trees that should be retained = 15 (14.4 rounded up) with 8 (7.5 rounded up) that have10” DBH Looking at % of DBH with what was permitted: Total DBH: 578” (100%) Removed DBH: 313” (54%) Actual Removed: 18 Remained DBH: 265” (46%) Actual Retained: 18 40% of existing DBH (potential new): Total DBH: 578” (100%) Required Retention: 231” (40%) Removed: 347” (60%) Total Trees Retained: 16 45% of existing DBH (potential new): Total DBH: 578” (100%) Required Retention: 260” (45%) Removed: 318” (55%) Total Trees Retained: 18 Winner of Most Trees Retained = 45% DBH While the applicant preserved more trees than required by the existing code at 18 trees, this is the amount that would be required to be retained using the 45% DBH. 7842 NE 21st ST Tree Table Description Tree Dia. (10"-49") Tree Dia. (6"-9") Proposed Removal Maple 14 x Maple 13 x Maple 16 x Douglas Fir 18 x Douglas Fir 11 Douglas Fir 17 Douglas Fir 9 x Douglas Fir 22 Douglas Fir 19 Douglas Fir 10 AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 11 of 46 Douglas Fir 10 Douglas Fir 13 Douglas Fir 16 Douglas Fir 23 Cedar 21 x Cedar 18 x Douglas Fir 16 Apple 8 Douglas Fir 32 x Douglas Fir 14 Douglas Fir 17 x Cedar 14 Cedar 17 Cedar 12 Cedar 12 x Douglas Fir 24 x Cedar 14 x Cedar 13 Douglas Fir 14 Douglas Fir 18 x Pine 16 Douglas Fir 20 x Pine 15 x Pine 26 x Pine 11 x Pine 15 x Example #4 Address: 820 80th Ave NE Sq. Ft.: 13,815 sq. ft. Permit No.: TREE-16-015 What was permitted (status quo): Total Tree Units: 8.5 Sig. Units Removed: 2 Sig. Units Remained: 6.5 Required Units: 5 Supplemental Units: 0 Actual Trees Planted: 0 Requiring existing tree retention section (MMC 20.52.110): 9 existing trees Option #2 – 40% of trees that are 6” DBH with ½ having 10” DBH Total trees that should be retained = 4 (3.6 rounded up) with 2 that have10” DBH AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 12 of 46 Looking at % of DBH with what was permitted: Total DBH: 114” (100%) Removed DBH: 34” (30%) Actual Removed 2 Remained DBH: 80” (70%) Actual Retained 7 40% of existing DBH (potential new): Total DBH: 114” (100%) Required Retention: 46” (40%) Removed: 68” (60%) Total Trees Retained: 3 45% of existing DBH (potential new): Total DBH: 114” (100%) Required Retention: 51” (45%) Removed: 63” (55%) Total Trees Retained: 4 Winner of Most Trees Retained = Status Quo Existing Tree Code While the applicant preserved more trees than required by the existing code at 6 trees, the status quo existing tree code would result in more trees being retained at 5. 820 80th Ave NE Tree Table Description Tree Dia. (10"-49") Tree Dia. (6"-9") Proposed Cut Pine 16 Deciduous 10 Maple 14 x Pine 20 x Maple 6 Deciduous 10 Birch 8 Pine 14 Birch 16 Example #5 Address: 2610 82nd Ave NE Sq. Ft.: 15,388 sq. ft. Permit No.: TREE-17-046 What was permitted (status quo): Total Tree Units: 4 Sig. Units Removed: 3 AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 13 of 46 Sig. Units Remained: 1 Required Units: 5 Supplemental Units: 5 Actual Trees Planted: 5 Requiring existing tree retention section (MMC 20.52.110): 4 existing trees Option #2 – 40% of trees that are 6” DBH with ½ having 10” DBH Total trees that should be retained = 2 (1.6 rounded up) with 1 that have10” DBH Looking at % of DBH with what was permitted: Total DBH: 57” (100%) Removed DBH: 38” (67%) Actual Removed: 3 Remained DBH: 19” (33%) Actual Retained: 1 40% of existing DBH (potential new): Total DBH: 57” (100%) Required Retention: 23” (40%) Removed: 34” (60%) Total Trees Retained: 2 – as proposed, this property would not be able to meet the minimum 2 tree requirement as they are proposing to remove 3 out of 4 trees. 45% of existing DBH (potential new): Total DBH: 114” (100%) Required Retention: 51” (45%) Removed: 63” (55%) Total Trees Retained: 4 - as proposed, this property would not be able to meet the minimum 4 tree requirement as they are proposing to remove 3 out of 4 trees Winner of Most Trees Retained = Status Quo Existing Tree Code The status quo existing tree code would result in more trees being retained due to the requirement of 5 supplemental trees. 2610 82nd Ave NE Tree Table Description Tree Dia. (10"-49") Tree Dia. (6"-9") Proposed Removal Ash 19 Spruce 17 x Shore Pine 11 x Apple 10 x AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 14 of 46 Conclusions for Retention Recommendation In analyzing five approved tree permits using the status quo code, requiring the existing retention portion of the code, and implementing a percentage of required DBH to see which method resulted in the most trees on site, the winner was the existing (status quo) code. This is due to the layered element of requiring supplemental trees for lots that are below the existing density ratio of 35% of the lot. Although staff is still of the opinion that the code is rather dense and there are more accessible and less review-heavy methods of achieving retention, staff acknowledges that the type of analysis to adequately support a new direction would be better served in the future with the accompaniment of another tree canopy study and more available data. It is Council’s direction to keep it simple so that they may vote to adopt something by December. It is, therefore, staff’s recommendation that the existing retention section of the code be repealed and the density ratio section for single-family residential be increased to .4, (this increase was a suggestion staff made in January and is supported by the city arborist). Draft Code 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 5.1 Tree Code Retention and Replacement Requirements Page 15 of 46 20.12.200 “S” definitions. “Significant tree” means a healthy evergreen or deciduous tree of at least six-inch DBH size, and a species as identified on the “City of Medina List of Suitable Tree Species” as set forth in Chapter 20.52 MMC measured four feet above existing grade. The director may authorize the exclusion of counting any significant tree which for reasons of health, location, or age is not able to be retained. … 20.52.110 Tree retention requirements priorities. 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 of the following: 1. Preserve at least 50 percent of the existing trees that are: a. Six inches diameter breast height and larger; and or 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 or 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 or 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. AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 16 of 46 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. A. The retention of significant trees shall be taken into account in accordance with the following guidance: 1. Achieving the required tree density ratio pursuant to Table 20.52.130(B) 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. The priorities of which significant trees are to be retained shall be based upon the site conditions, the recommendations from a qualified arborist, and the following objectives: 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 20 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 DBH. C. For lots larger than 20,000 square feet, excluding lots within the shoreline jurisdiction as provided in MMC 20.66.050, the tree density ratio shall be meet in the following way: AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 17 of 46 1. At least 25 percent of the required significant trees as determined by MMC 20.52.130 shall be retained within the site perimeter in the following order of priority: a. Within the first 20 feet of the front property line. b. Within the first 20 feet of the rear property line. c. Within the first 10 feet of the side property lines. 2. At least 15 percent of the required significant trees as determined by MMC 20.52.130 shall be retained within the site interior. 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. 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 3624-inch diameter breast height size and located within the footprint of the principal building on the lot. G. 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 as described in Chapters 20.50 and 20.67. 20.52.120 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: AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 18 of 46 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 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 (staff to follow up with whether this needs to be increased and/or moved to a fee schedule) 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 20.52.1360(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; AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 19 of 46 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 iIf 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 20.52.1460(AC2), (B), (C), and (E) are acceptable alternatives to on-site replacement tree planting. 20.52.130 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. 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 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 AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 20 of 46 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. AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 21 of 46 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 Coniferous 6 to 10 inches 0.75 Greater than 10 inches, but less than 50 inches 1.0 50 inches and greater 1.25 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 (C) 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. AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 22 of 46 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. 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; AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 23 of 46 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. 20.52.1460 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 AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 24 of 46 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 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 Chapters 20.50 and 20.67; b. Within the site perimeter; 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 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 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 within the jurisdiction over the off-site location; e. Any other property determined appropriate by the director. 3. 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; AGENDA ITEM 5.1 Tree Code Retention and Replacement Requirements Page 25 of 46 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; 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. 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