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HomeMy WebLinkAbout04-27-2021 - Agenda Packet MEDINA, WASHINGTON www.medina-wa.gov PLANNING COMMISSION MEETING AGENDA Virtual/Online Tuesday, April 27, 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 April 27th Planning Commission meeting. Please reference Public Comments for April 27th 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/93880267256?pwd=MldIYnBnV2FWZExvQzhCSFJYOURtZz09 Meeting ID: 938 8026 7256 Passcode: 690071 One tap mobile +12532158782,,93880267256#,,,,*690071# US (Tacoma) AGENDA Page 1. CALL TO ORDER / ROLL CALL David Langworthy, Mark Nelson, Laurel Preston, Mike Raskin, Randy Reeves, and Shawn Schubring 2. EXECUTIVE SESSION Time Estimate: 30 minutes RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Page 1 of 77 Page 3. ANNOUNCEMENTS 1. Staff/Commissioners 4. APPROVAL OF MINUTES 4 - 5 1. Planning Commission Meeting Minutes of March 23, 2021. Recommendation: Adopt Minutes. Staff Contact: Amber Taylor, Development Services Coordinator 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 April 27thPlanning 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 - 7 1. Public Comment - Email from Miles Adams to Laurel Preston 6. PRESENTATIONS 1. Time Estimate: 15 minutes Public Hearing Process – Planning Commission roles and responsibilities 7. DISCUSSION 8 - 61 1. Time Estimate: 60 minutes Tree Code Retention and Replacement Requirements Recommendation: Discussion item only. Staff Contact: Stephanie Keyser, AICP, Planning Manager 62 - 77 2. Time Estimate: 15 minutes Minor Code Amendments Recommendation: Discussion item only. Staff Contact: Stephanie Keyser, AICP, Planning Manager 8. ADJOURNMENT Next special meeting: May 25, 2021 at 2 PM. Page 2 of 77 Page 9. ADDITIONAL INFORMATION Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless otherwise specified. UPCOMING MEETINGS 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 3 of 77 MEDINA, WASHINGTON PLANNING COMMISSION SPECIAL MEETING MINUTES ZOOM Tuesday, March 23, 2021 2:00 PM MINUTES A.CALL TO ORDER/ROLL CALL The Planning Commission Special Meeting of March 23, 2021 was called to order at 2:04 p.m. by Chair Preston. Commissioners Present: Nelson, Reeves, Schubring and Preston. Commissioners Absent: Langworthy and Raskin Staff Present: Kellerman, Keyser, Taylor, Wilcox, Early and Sauerwein B.ANNOUNCEMENTS Keyser made the following announcements: 1.PC Member Smith resigned. 2.There is a delay in the parking study analysis. Chair Preston asked for Commissioner’s thoughts on moving the Special Planning Commission Meeting time as it has been hard for some members to join at the current 2:00pm start time. C.APPROVAL OF MINUTES Minutes from February 23, 2021 Special Planning Commission Meeting. ACTION: Motion Nelson Second Schubring Approved: 4-0 D.AUDIENCE PARTICIPATION None. E.DISCUSSION 1.Subject: Tree Code Retention and Replacement Requirements Schubring shared presentation. AGENDA ITEM 4.1 Planning Commission Meeting Minutes of March 23, 2021.Page 4 of 77 Tom Early answered and discussed the questions that the Commissioner’s prepared for him. Nelson calls to motion that the City retains the Suitable Tree List as recommended by City Tree Consultant. ACTION: Motion Nelson Second Schubring Commissioners discussed Approved: 4-0 Nelson calls to motion to keep definition of significant tree as currently outlined in City code. ACTION: Motion Nelson Second Reeves Commissioners discussed Approved: 4-0 Schubring calls to motion to raise the application multiplier from .35 to .40 ACTION: Motion Schubring Second Nelson Commissioners discussed Approved: 4-0 F. OTHER BUSINESS None. G. ADJOURNMENT Motion Reeves Second Schubring; The Special Planning Commission Meeting adjourned at 3:51pm Minutes taken by: Amber Taylor AGENDA ITEM 4.1 Planning Commission Meeting Minutes of March 23, 2021.Page 5 of 77 1 Stephanie Keyser From:laurelpr@seanet.com Sent:Monday, April 12, 2021 11:47 AM To:Stephanie Keyser Subject:FW: Tree permits Dear Stephanie, Below please find the relevant text from an email I received from Medina resident Miles Adam, who is very concerned about the removal of trees from a lot adjacent to the golf course. The lot is not being redeveloped, so strictly speaking it is not in our current purview. However, I think it’s useful for the Planning Commission to be aware of these types of examples as well, as evidence of residents’ concerns over canopy loss. Would you please include the email text in the next meeting packet? Miles also recently called my attention to two other properties adjacent to the golf course on 77th that are under redevelopment. Do we have “before” pictures of these properties? According to Miles, the properties are being cleared or will be cleared shortly. Thank you, Laurel ……. The property in question is at 1818 77th Avenue NE and the tree permit is #21-006. I watched as huge tree after huge tree was cut down to improve the property’s view of the golf course. I was really stunned that this deforestation was being permitted so I talked with Steve and he took me through the tree permit. Laurel---------the following trees were cut down------3 Douglas Firs with DBHs of 32”, 36”, and 42”. Also 2 Red Cedars with DBHs of 20” and 38”. Please try to visualize the size of these majestic trees------we will never recapture this lost canopy in the lives of the next generation or two. Our city’s tree permit allowed these trees to be cut down provided that they were replaced by the following trees--------9 trees of 2” caliper. While I am not involved with the latest discussions on the city’s tree policies, it seems to me that common sense would suggest something is wrong. We just let someone cut down mature fully grown trees of DBH 168 inches and plant new trees of 18 inches of caliper. How can we just eliminate trees measuring DBH of 150 (repeat 150) inches from the footprint of Medina?? If we continue to allow trade offs like this, we soon will not need a tree policy because our beloved Medina will have no trees. Thank you very much for taking the time to read my email. You now have feedback from one very concerned citizen. I hope somehow this example will be studied as you are reviewing the city’s tree permit policy because it provides a good learning experience for all of us. AGENDA ITEM 5.1 Public Comment - Email from Miles Adams to Laurel Preston Page 6 of 77 2 Miles Adam AGENDA ITEM 5.1 Public Comment - Email from Miles Adams to Laurel Preston Page 7 of 77 AGENDA BILL Subject: Tree Code Retention and Replacement Requirements Category: Public Hearing Resolution Other - Discussion Prepared By: Stephanie Keyser, AICP, Planning Manager Summary: Planning Commission has been asked to review the tree retention and replacement requirements for new single-family construction with the understanding that Council wants to adopt the changes by the end of the year. For April’s meeting, the focus of the discussion will be on the following: 1.Legacy Trees a.What number DBH qualifies as one b.Fee-in-Lieu section 2.Amending Table 20.52.130(C) Existing Tree Unit 3.Location Requirement (if we have time or we will start next month) It is staff’s opinion that we are on track to be completed with the substantive tree code amendment by July. To help things along, the following motions are suggested if Commissioners feel so inclined during the meeting: •I make a motion to reduce legacy trees from 50” to 36” •I make a motion to approve the fee-in-lieu section as presented in the staff report •I make a motion to reduce the tree units in Table 20.52.130(C) by .25 Attachment(s): 7.1 Tree Code Retention and Replacement Requirements Staff Recommendation: Discussion Proposed Planning Commission Motion: See above AGENDA ITEM 7.1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 8 of 77 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: April 27, 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. Items that have been voted on and are therefore finished, will have the word COMPLETED 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 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 9 of 77 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 (COMPLETED – APPROVED MARCH 23rd: 4-0) The definition of a significant tree will stay as it is currently written in the code. Better legacy tree protection (UPDATED) Concern has been expressed that the code does not provide enough protection for legacy trees. One of the ways to potentially address this would be to lower the threshold for what is considered a legacy tree from 50” to 36”. This would push any removal of a tree 36” and above to meet the legacy tree replacement section of the code (MMC 20.52.120(B)). This section requires any legacy tree that is removed to be replaced by a quantity of 50% of the DBH removed. For a 36” tree, that would mean replacement inches of 18” on top of any other requirements from removing nonlegacy trees. If someone were to remove more than one legacy tree, then the replacement trees are calculated by adding up all of the removed DBH to get to the total number of replacement inches. For two 36” trees, that would mean 72 replacement inches, or more likely 36 2-inch caliper replacement trees. This could result in more trees 36” or larger that are saved because the owner/developer doesn’t want to deal with the replacement requirement, or that more people will request to utilize the fee-in-lieu section of the code. Staff made the change from 50” to 36” in the draft code but would like confirmation that this should stay. Another concern raised is whether the monetary component of the fee-in-lieu of planting section is too low to actually act as a deterrent. To address this, fees-in-lieu will be permitted only if the city arborist determines there is insufficient area to replant on site. Additionally, the associated fee shall be tied to the most current council of tree and landscaper appraiser guide for plant appraisal (Attachment A). The Council of Tree and Landscaper Appraisers periodically updates their appraised values, which will take the burden off of the city having to raise the fees every few years. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 10 of 77 Amending tree credit value section MMC 20.52.130(C) (increase or decrease) (NEW) At the March Planning Commission meeting, the possibility of amending the tree credit value table (MMC 20.52.130(C)) so that larger trees (36” DBH or greater) were given a value of 1.25 was suggested (the current code has trees with a DBH of 50” or greater assigned to this value). As staff began the analysis, it quickly became apparent that assigning trees that are 36” or larger the 1.25 value did not have the impact that was assumed. In fact, it did not alter the net trees of any of the analyzed permits. Instead of raising the tree credit values, perhaps reducing them would be more appropriate. In the examples, a reduced tree credit value coupled with the .4 tree density multiplier resulted in more trees either being saved through retention or by supplemental planting. The following is an analysis of six previously approved tree permits. Using the approved applications the examples show: what was permitted per the code; increasing the value to 1.25 for trees with a 36” DBH or greater; and reducing all of the tree credit values. For ease of reference, the baseline of what is used for each example is shown in the tables below: Table for 1st Example (current code) 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 Table for 2nd Example (36” and larger 1.25) 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 36 inches 1.0 36 inches and greater 1.25 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 11 of 77 Table for 3rd Example (reduce all values by .25) 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 1.0 707 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 Zoning: R-16 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 Using 1.25 tree credits for trees 36” and greater and the .4 multiplier Total Existing Tree Units: 36 Total Tree Units Removed: 21.25 (based on updated credits) Net Tree Units: 14.75 Required Tree Units (.4): 7.9 = 8 Supplemental Units Required: No Reducing tree credits and the .4 multiplier Total Existing Tree Units: 26.25 Total Tree Units Removed: 15.5 (based on updated credits) Net Tree Units: 10.75 Required Tree Units (.4): 7.9 = 8 Supplemental Units Required: No Result between tree credit values – No Difference There was no difference in increasing the tree credit value for the two trees that were 36” on this site (both of which were approved to be removed) to 1.25. Once the trees that were to be removed were subtracted from the existing tree units, there was no difference in the net tree units between the existing code and increasing the credit value for trees larger than 36”. Additionally, by reducing the number of credits the trees are worth, they would have still been able to remove the same AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 12 of 77 number of trees and have more tree credits than the minimum required. No supplemental trees would have been required under any of the examples. Result of legacy tree removal This project removed two 36” trees. By amending the code to include trees 36” and above, this would either have required the homeowner to amend their site plan to ensure both trees were saved (the trees were located on the outer perimeter) or would have required 72” of replacement tree caliper. If the owner did not want to amend the site plan, this would have likely resulted in the homeowner requesting to use the in-lieu of planting section of the code. 707 Overlake Drive East Tree Credit Analysis Table Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits w/ 36” DBH and larger at 1.25 Tree Credits Reduced Madrona 6 x 0.75 0.75 0.5 Douglas Fir 6 0.75 0.75 0.5 Madrona 6 0.75 0.75 0.5 Tree 6 x 0.75 0.75 0.5 Cedar 6 x 0.75 0.75 0.5 Cedar 6 x 0.75 0.75 0.5 Deciduous 8 0.75 0.75 0.5 Tree 8 x 0.75 0.75 0.5 Hemlock 8 x 0.75 0.75 0.5 Cedar 10 0.75 0.75 0.5 Cedar 10 0.75 0.75 0.5 Deciduous 10 x 0.75 0.75 0.5 Cedar 10 x 0.75 0.75 0.5 Cedar 10 x 0.75 0.75 0.5 Cedar 12 1 1 0.75 Cedar 12 x 1 1 0.75 Douglas Fir 12 x 1 1 0.75 Madrona 12 x 1 1 0.75 Douglas Fir 14 1 1 0.75 Douglas Fir 16 x 1 1 0.75 Cedar 18 x 1 1 0.75 Douglas Fir 22 x 1 1 0.75 Deciduous 22 1 1 0.75 Douglas Fir 24 1 1 0.75 Hemlock 24 1 1 0.75 Douglas Fir 24 x 1 1 0.75 Deciduous 26 1 1 0.75 Douglas Fir 26 x 1 1 0.75 Douglas Fir 28 1 1 0.75 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 13 of 77 Douglas Fir 30 x 1 1 0.75 Douglas Fir 30 1 1 0.75 Cedar 30 1 1 0.75 Douglas Fir 30 x 1 1 0.75 Douglas Fir 32 1 1 0.75 Douglas Fir 32 1 1 0.75 Douglas Fir 32 x 1 1 0.75 Douglas Fir 32 x 1 1 0.75 Douglas Fir 36 x 1 1.25 1 Douglas Fir 36 x 1 1.25 1 TOTAL 35.5 36 26.25 7815 NE 28th ST (TREE-20-013) Lot size: 8,120 sq. ft. Zoning: R-16 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 Using 1.25 tree credits for trees 36” and greater and the .4 multiplier Total Existing Tree Units: 12.25 Total Tree Units Removed: 8.5 (based on updated credits) Net Tree Units: 3.75 Required Tree Units (.4): 3.2= 4 Supplemental Units Required: Yes – 1 tree Reducing tree credits and the .4 multiplier Total Existing Tree Units: 8.75 Total Tree Units Removed: 6.25 (based on updated credits) Net Tree Units: 2.5 Required Tree Units (.4): 3.2 = 4 Supplemental Units Required: Yes – 2 trees Result between tree credit values – Reducing tree credits with the .4 multiplier resulted in more trees The net tree unit number was unchanged for what was permitted per code and increasing the tree credit value for trees over 36” to 1.25. The .4 multiplier increased the requirement of a supplemental tree by 1 tree (or this could have been achieved by retaining another tree). Having the multiplier at .4 plus reducing the tree credit value resulted in 2 additional tree credits, which again could have been accomplished by retaining two more or by supplemental planting. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 14 of 77 Result of legacy tree removal This project removed one 44” tree that was located in the corner of the lot. It’s possible that the site plan would have been amended so that the tree root wasn’t disturbed and the tree could remain, or that the owners would not be willing to plant 22” of replacement tree caliper and so would ask to utilize the in-lieu of planting section of the code. 7815 NE 28th Tree Credit Analysis Table Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits w/ 36” DBH and larger at 1.25 Tree Credits Reduced Cedar 7 0.75 0.75 0.5 Douglas Fir 7 0.75 0.75 0.5 Cedar 7.2 0.75 0.75 0.5 Cedar 8 0.75 0.75 0.5 Cedar 8.5 0.75 0.75 0.5 Plum 9 x 0.75 0.75 0.5 Apple 9.5 x 0.75 0.75 0.5 Hawthorne 10 x 0.75 0.75 0.5 Plum 12.6 x 1 1 0.75 Douglas Fir 18 x 1 1 0.75 Douglas Fir 24 x 1 1 0.75 Douglas Fir 26 x 1 1 0.75 Douglas Fir 28 x 1 1 0.75 Douglas Fir 44 x 1 1.25 1 TOTAL 8.25 8.5 6.25 2000 79th Ave NE (TREE-16-013) Lot size: 40,108 sq. ft. Zoning: R-20 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 Using 1.25 tree credits for trees 36” and greater and the .4 multiplier Total Existing Tree Units: 36 Total Tree Units Removed: 21 (based on updated credits) Net Tree Units: 15 Required Tree Units (.4): 16 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 15 of 77 Supplemental Units Required: Yes – 1 tree Reducing tree credits and the .4 multiplier Total Existing Tree Units: 26.5 Total Tree Units Removed: 15.5 (based on updated credits) Net Tree Units: 11 Required Tree Units (.4): 16 Supplemental Units Required: Yes – 5 trees Result between tree credit values – Reducing tree credits with the .4 multiplier resulted in more trees Once again, the net tree unit number was unchanged for what was permitted and increasing trees over 36” to a 1.25 tree credit. The multiplier of .4 increased the requirement of a supplemental tree by 1 tree (or this could have been achieved by retaining another tree). Having the multiplier at .4 plus the reduced tree credit value resulted in 5 additional trees, which could have been accomplished by retaining more trees or by supplemental planting. Result of legacy tree removal 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 both of these trees were removed to improve the view of the golf course. Lowering the legacy tree requirements would have possibly made the owners reconsider removing these trees, or they would have most likely requested to use the in-lieu of planting section to not have to plant 74” of replacement tree caliper. 2000 79th Avenue NE Tree Credit Analysis Table Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits w/ 36” DBH and larger at 1.25 Tree Credits Reduced Dogwood 6 x 0.75 0.75 0.5 Dogwood 6 x 0.75 0.75 0.5 Dogwood 6 x 0.75 0.75 0.5 Dogwood 6 x 0.75 0.75 0.5 Dogwood 6 0.75 0.75 0.5 Dogwood 6 0.75 0.75 0.5 Dogwood 8 x 0.75 0.75 0.5 Dogwood 8 x 0.75 0.75 0.5 Dogwood 8 0.75 0.75 0.5 Dogwood 9 0.75 0.75 0.5 Douglas Fir 10 0.75 0.75 0.5 Cherry 12 0.75 0.75 0.5 Ash 12 0.75 0.75 0.5 Ash 14 x 0.75 0.75 0.5 Cherry 15 x 1 1 0.75 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 16 of 77 Douglas Fir 16 x 1 1 0.75 Magnolia 16 1 1 0.75 Douglas Fir 16 1 1 0.75 Birch 16 1 1 0.75 Maple 17 1 1 0.75 Cedar 18 x 1 1 0.75 Douglas Fir 18 1 1 0.75 Douglas Fir 18 x 1 1 0.75 Douglas Fir 20 x 1 1 0.75 Cherry 20 x 1 1 0.75 Douglas Fir 24 1 1 0.75 Douglas Fir 24 1 1 0.75 Douglas Fir 24 1 1 0.75 Douglas Fir 25 x 1 1 0.75 Douglas Fir 26 x 1 1 0.75 Douglas Fir 30 x 1 1 0.75 Douglas Fir 30 x 1 1 0.75 Douglas Fir 30 x 1 1 0.75 Douglas Fir 32 1 1 0.75 Douglas Fir 32 x 1 1 0.75 Douglas Fir 35 x 1 1 0.75 Hemlock 36 x 1 1 0.75 Cedar 38 x 1 1.25 1 TOTAL 35.5 36 26.25 1306 Evergreen Point Road (TREE-17-033) Lot size: 16,364 sq. ft. Zoning: R-16 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 Using 1.25 tree credits for trees 36” and greater and the .4 multiplier – this property had no trees larger than 36” Total Existing Tree Units: 22.75 Total Tree Units Removed: 14.5 (no trees 36” or larger) Net Tree Units: 8.25 Required Tree Units (.4): 6.5=7 Supplemental Units Required: No AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 17 of 77 Reducing tree credits and the .4 multiplier 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 tree Result between tree credit values – Reducing tree credits with the .4 multiplier resulted in more trees Although there were no trees that were 36” or larger on this site, the increased multiplier and reduced tree credit value did result in an additional tree. Result of legacy tree removal This project did not have any legacy trees. 1306 Evergreen Point Road Tree Credit Analysis Table Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits w/ 36” DBH and larger at 1.25 Tree Credits Reduced Dogwood 6 0.75 0.75 0.5 Dogwood 6 0.75 0.75 0.5 Dogwood 6 0.75 0.75 0.5 Dogwood 6 x 0.75 0.75 0.5 Dogwood 6 x 0.75 0.75 0.5 Dogwood 6 1 1 0.75 Dogwood 8 x 1 1 0.75 Dogwood 8 x 1 1 0.75 Dogwood 8 x 1 1 0.75 Dogwood 9 x 1 1 0.75 Douglas Fir 10 1 1 0.75 Cherry 12 x 1 1 0.75 Ash 12 x 1 1 0.75 Ash 14 1 1 0.75 Cherry 15 x 1 1 0.75 Douglas Fir 16 x 1 1 0.75 Magnolia 16 x 1 1 0.75 Douglas Fir 16 1 1 0.75 Birch 16 x 1 1 0.75 Maple 17 x 1 1 0.75 Cedar 18 x 1 1 0.75 Douglas Fir 18 1 1 0.75 Douglas Fir 18 1 1 0.75 Douglas Fir 20 x 1 1 0.75 TOTAL 22.75 22.75 16.75 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 18 of 77 1221 Evergreen Point Road (TREE-18-013) Lot size: 65,556 sq. ft. Zoning: R-30 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 Using 1.25 tree credits for trees 36” and greater and the .4 multiplier Total Existing Tree Units: 79.5 Total Tree Units Removed: 29.79 (no trees 36” or larger being removed) Net Tree Units: 49.75 Required Tree Units (.4): 26.22=27 Supplemental Units Required: No Reducing tree credits and the .4 multiplier 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 Result between tree credit values – No Difference Due to the size of the lot and the number of existing trees, there was neither a difference in having the trees that were 36” on this site (all of which were kept) have a tree credit of 1.25, nor was there any difference in reducing the tree credit values. No supplemental trees were required for any of the analyses. Result of legacy tree removal This project did not remove any legacy trees. 1221 Evergreen Point Road Tree Credit Analysis Table Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits w/ 36” DBH and larger at 1.25 Tree Credits Reduced Cedar 6 0.75 0.75 0.5 Hazelnut 6 x 0.75 0.75 0.5 Cedar 6 0.75 0.75 0.5 Cedar 6 0.75 0.75 0.5 Cedar 6 0.75 0.75 0.5 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 19 of 77 Cedar 6 0.75 0.75 0.5 Cedar 6 0.75 0.75 0.5 Cedar 6 0.75 0.75 0.5 Cedar 6 0.75 0.75 0.5 Cedar 6.5 x 0.75 0.75 0.5 Cedar 8 0.75 0.75 0.5 Cedar 8 0.75 0.75 0.5 Apple 8 x 0.75 0.75 0.5 Cedar 8 x 0.75 0.75 0.5 Cedar 8 0.75 0.75 0.5 Hazelnut 8 0.75 0.75 0.5 Hazelnut 8 0.75 0.75 0.5 Ash 8 0.75 0.75 0.5 Maple 8 0.75 0.75 0.5 Cedar 9 x 0.75 0.75 0.5 Cedar 9 0.75 0.75 0.5 Cedar 9 0.75 0.75 0.5 Cedar 9 0.75 0.75 0.5 Cedar 9 0.75 0.75 0.5 Cedar 9 0.75 0.75 0.5 Cedar 9 0.75 0.75 0.5 Cedar 10 1 1 0.75 Cedar 10 1 1 0.75 Cedar 10 1 1 0.75 Douglas Fir 10 1 1 0.75 Douglas Fir 10 1 1 0.75 Douglas Fir 10 1 1 0.75 Douglas Fir 10 x 1 1 0.75 Cedar 10 1 1 0.75 Hawthorn 10 x 1 1 0.75 Douglas Fir 10 x 1 1 0.75 Douglas Fir 10 x 1 1 0.75 Cherry 10 1 1 0.75 Ash 10 1 1 0.75 Dogwood 10 1 1 0.75 Maple 10 1 1 0.75 Douglas Fir 11 1 1 0.75 Hemlock 11 x 1 1 0.75 Cedar 11 1 1 0.75 Douglas Fir 12 1 1 0.75 Cedar 12 1 1 0.75 Cedar 12 1 1 0.75 Cedar 12 1 1 0.75 Dogwood 12 x 1 1 0.75 Dogwood 12 x 1 1 0.75 Plum 12 x 1 1 0.75 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 20 of 77 Douglas Fir 12 x 1 1 0.75 Madrone 12 1 1 0.75 Madrone 12 1 1 0.75 Hawthorn 12 1 1 0.75 Cedar 13 1 1 0.75 Yew 13 x 1 1 0.75 Douglas Fir 15 1 1 0.75 Douglas Fir 15 1 1 0.75 Apple 15 x 1 1 0.75 Cedar 16 x 1 1 0.75 Cedar 16 1 1 0.75 Douglas Fir 16 1 1 0.75 Apple 16 x 1 1 0.75 Apple 16 x 1 1 0.75 Douglas Fir 16 1 1 0.75 Cedar 17 x 1 1 0.75 Douglas Fir 18 1 1 0.75 Cherry 18 x 1 1 0.75 Cedar 20 1 1 0.75 Cottonwood 20 x 1 1 0.75 Cedrus 22 x 1 1 0.75 Cypress 22 x 1 1 0.75 Douglas Fir 23 1 1 0.75 Cedar 23 x 1 1 0.75 Cedar 23 x 1 1 0.75 Cedar 26 x 1 1 0.75 Cedar 27 x 1 1 0.75 Cedar 27 x 1 1 0.75 Cedar 35 x 1 1 0.75 Cedar 35 x 1 1 0.75 Douglas Fir 36 1 1.25 1 Maple 36 1 1.25 1 Cottonwood 36 1 1.25 1 Cottonwood 36 1 1.25 1 Cottonwood 38 1 1.25 1 TOTAL 79.5 80.75 59.25 2626 78th Avenue NE (TREE-20-008) Lot size: 8,120 sq. ft. Zoning: R-16 Permitted Total Existing Tree Units: 10 Total Tree Units Removed: 7 Net Tree Units: 3 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 21 of 77 Required Tree Units (.35): 3 Supplemental Units Required: No Using 1.25 tree credits for trees 36” and greater and the .4 multiplier Total Existing Tree Units: 10.5 Total Tree Units Removed: 7.5 Net Tree Units: 3 Required Tree Units (.4): 3.2=4 Supplemental Units Required: Yes – 1 tree Reducing tree credits and the .4 multiplier 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 trees Result between tree credit values – Reducing tree credits with the .4 multiplier resulted in more trees Again, assigning trees 36” or larger a tree credit of 1.25 did not result in much of a difference. However, the increased multiplier along with a reduction in tree credit value resulted in two additional trees, which could have been satisfied by either retaining two more trees or supplemental plantings. Result of legacy tree removal This project removed one 38” tree and one 39” tree. The 39” tree was located in the front of the property and the 38” was located in the rear building envelope. It’s possible that the 39” tree would have been saved but the 38” would have only been saved with a redesign of the house and possibly some sort of variance for setbacks. If the owner elected to have both trees removed, a small lot (8,120 sq. ft.) could not reasonably support 77” of replacement tree caliper and so they would have had to request the in-lieu of planting section. 2626 78th Ave NE Tree Credit Analysis Table Description Tree Diameter Proposed Removal Tree Credits Per Existing Code Tree Credits w/ 36” DBH and larger at 1.25 Tree Credits Reduced Cedar 10 1 1 0.75 Douglas Fir 15 1 1 0.75 Douglas Fir 16 x 1 1 0.75 Douglas Fir 17 1 1 0.75 Douglas Fir 17 x 1 1 0.75 Douglas Fir 26 x 1 1 0.75 Douglas Fir 29 x 1 1 0.75 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 22 of 77 Douglas Fir 33 x 1 1 0.75 Douglas Fir 38 x 1 1.25 1 Douglas Fir 39 x 1 1.25 1 TOTAL 10 10.5 8 Conclusions for reducing legacy trees to 36” or greater Throughout the analysis of tree permits this year, it has been fairly evident that if a property is heavily wooded the homeowner can cut down a large number of trees; no slight modification or tweaking of numbers is going to change that. This is evidenced by the analysis of 707 Overlake Drive and 1221 Evergreen Point Road, both of which were heavily wooded and both of which were able to remove a large number of trees as a result. It is staff’s opinion that putting in place priorities for areas of retention should help curb the clear-cut complaints that are received. However, if after five or so more years this does not create the intended result, then the city should perhaps consider either varying tree retention requirements based on lot size or existing on-site canopy. In analyzing six approved tree permits, raising the credit for trees that are 36” or larger to 1.25 credits did not seem to have the impact that was hypothesized at the March meeting. Permits where larger trees had been removed would not have been hindered by this additional .25 tree credit value. It’s possible that a change like that might encourage someone to save one or two additional trees, but ultimately the impact would be minimal. On average, increasing the tree density multiplier from .35 to .4 (which was voted unanimously to recommend in March) will have the result of requiring an additional tree. Reducing the tree credit values by .25 seems to result in more trees either being saved or requiring supplemental plantings more often. Reducing the DBH of what qualifies as a legacy would require those trees to follow the legacy tree protection measures (MMC 20.52.120) which includes the replacement section. Large lots would be able to accommodate at least some of the replanting that is required more often than small lots. The specific tree species that the city requires/encourages (COMPLETED – APPROVED MARCH 23rd: 4-0) The list of significant trees will stay. The only caveat will be for the list to perhaps be updated at the staff level in the future, and for the list to be put back into the code. 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 23 of 77 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 Large Lot (+20,000 sq. ft.) Considerations 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. Update Density Ratio to .4 (COMPLETED – APPROVED MARCH 23rd: 4-0) The increase in the density ratio requirement from .35 to .4, as was recommended by the city arborist and staff, was approved. 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 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 24 of 77 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. 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 healthy 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 25 of 77 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: 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. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 26 of 77 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. Legacy trees within the shoreline jurisdiction are regulated in MMC 20.66.050. 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 5036 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 27 of 77 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 If the city arborist determines there is insufficient area to replant on-site or within the adjacent public right-of-way, the city arborist 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 in subsection (B) of this section; or 2. Tree replacement or management provided within public right-of-way or a city park in the vicinity will be of greater benefit to the community. 13. Planting at least tThree replacement trees for each legacy tree removed are planted; and 24. 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 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. Any fee-in-lieu requires an explicit written agreement between the city and the applicant. 36. The sum of the tree replacement inches accounted for by contributing to the Medina tree fund fee-in-lieu 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); AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 28 of 77 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 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 20.52.140(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. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 29 of 77 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 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 30 of 77 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 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 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 31 of 77 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. Table to be discussed/clarified at April meeting AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 32 of 77 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 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 33 of 77 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. 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 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 34 of 77 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 Chapters 20.50 and 20.67; b. Within the site perimeter in the following order of priority: i. Within the first 20 feet of the front property line. ii. Within the first 20 feet of the rear property line. iii. Within the first 10 feet of the side property lines. 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. Fee-in-Lieu. If the city arborist determines there is insufficient area to replant on-site or within the adjacent public right-of-way, the city arborist may authorize payment of a fee-in- lieu provided: a. There is insufficient area on the lot or adjacent right-of-way for proposed on-site tree replacement to meet the tree replacement requirements of this chapter; or AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 35 of 77 b. Tree replacement or management provided within public right-of-way or a city park in the vicinity would be of greater benefit to the community. c. Fees provided in lieu of on-site tree replacement shall be determined based upon: i. The expected tree replacement cost including labor, materials, and maintenance for each replacement tree; and ii. The most current Council of Tree and Landscaper Appraisers Guide for Plant Appraisal. d. Any fee-in-lieu requires an explicit written agreement between the city and the applicant. D. An owner may select to apply a combination of planting trees on site, off site and/or fee-in- lieu 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 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 36 of 77 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 37 of 77 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. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 38 of 77 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 39 of 77 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. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 40 of 77 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. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 41 of 77 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. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 42 of 77 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. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 43 of 77 TREE20-049 Example 1 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 44 of 77 30 Example 1 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 45 of 77 1 00 9 0 8 5 1 0 5 9 5 1 15 1 10 MP 16* CE30 D F 12CE12 DF 32 DF 32 M A12 CH8CH6 CE10 H E8 C E6 C E10 CE6 DF16 DF22 CE 18 H E14 DS22 M P14* M P12 DF 30 D F 36 M A6 CE 10 CE10 D F 28 DF 32 D S26 D F 24 DF26 DF16 DF 22 DF32 DS8 DF36 DF26 DF26 DF26DF18 DF 16 DF 40DF14 D F 32 D F 28 CE 12 M A6 D F 32 DS 10 DF26 D F 24 DF30 D F 6 DF 30 DF36 74 7 6 7 8 8 2 8 4 8 6 8 8 9 2 94 96 98 102 104 106 108 112 11 4 118 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 10 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 10 6 10 8 112 1 1 4 1 1 6 118 122 96 98 102 1 0 4 6 4 66 8 0 9 0 100 110 120 7 0 80 90 1 0 0 11 0 7 0 8 0 90 1 0 0 110 120 10 0 10 0 10 0 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°21 '1 9 "E479.40' T W O ST ORY HOU SE W/ BA SEM EN T CARP O R T DECK ABO VE R O OF OV ERHAN G (TYPICAL) BUILD IN G OVERHAN G (TYPICAL) DECK DECK DECK TIM BE R W A LL FINISH FLOOR BASEM ENT = 93.8' FINIS H FL O O R = 10 3.3' RIDG E HEIG HT =12 7.8' DECK SS M HRIM = 116.34' INV S-N = 109.72' CBRIM = 74.39' INV S W = 69.78' INV N E = 69.51' INV S E = 71.1 8 ' TELEPHO N E PEDESTAL PARCEL NO.383550-1955 PARCEL NO.383550-1951 FOU ND BE NT REBAR 0.69' N & 0.58' W FIRE HY DRAN T 73' 3 0 ' 3 0 ' ORI GI NAL GRA DE NE 7T H S T R EE T O V E RL A K E D RIV 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 ' N3 4 °2 1 '32 "E 23 5.1 5 ' (M 0 24 2 .4 7' (D E E D ) R =5 3 1.6 3' A=1 9 1.76 ' 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 VERLAK E DR I VE NE 7 T H STREET 92 CONSTRUC TION FENC E LI N E S I L T FEN C E L I NE 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 SURVEYOR 8658 NE 7 T H S T SD SD SD SI L T F ENCE LIN 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 16' - 0" R 4' - 0" R 3' - 0" R 12' - 0" R 13' - 0" R 1 4 ' - 0 " R 16 ' - 0"R 5' - 0 " R 5' - 0 " R 3 ' - 0" R 15' - 0" R 7' - 0" R 11 ' - 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 4 6 o f 7 7 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 47 of 77 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 TREEUNITS 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 (subtractH 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 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 48 of 77 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 4 9 o f 7 7 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 5 0 o f 7 7 Example 4 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 51 of 77 Example 4 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 52 of 77 Example 4 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 53 of 77 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 5 4 o f 7 7 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 5 5 o f 7 7 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 5 6 o f 7 7 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 5 7 o f 7 7 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 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 5 8 o f 7 7 Example 5 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 59 of 77 Example 5 AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 60 minutes. Tree Code Retention and Replacement Requireme...Page 60 of 77 Approved Medina Tree Activity Permit Plan 07/30/2020 Tom Early Medina Tree Consultant Example 5 AGENDA ITEM 7.1 ATTACHMENT 1 Ti m e E s t i m a t e : 6 0 m i n u t e s . T r e e C o d e R e t e n t i o n a n d R e p l a c e m e n t R e q u i r e m e . . . Pa g e 6 1 o f 7 7 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: April 27, 2021 TO: Medina Planning Commission FROM: Stephanie Keyser, AICP, Planning Manager RE: Minor Code Amendments Minor text amendments intended to clean-up the code, streamline process for staff and applicants, and align the City with recommended legislative direction have been included below. Planning Commission will hold a public hearing on these at the May 25th meeting and Council will adopt them at the June 14th meeting. Table of Amendments Section Title Proposed Amendment MMC 20.22.030 Lot Development Standards Clarify lots at the end of a terminal street to be allowed a logical orientation, similar to lots on a private lane MMC 20.22.030 Lot Development Standards Clarify property line designations figure MMC 20.22.040 Protrusions into Setback Areas Allow uncovered decks and patios to protrude into setback (consistent with shoreline jurisdiction) MMC 20.30.010 Fences, Walls and Gates Repeal 5’ buffer from property line that limits fence, wall and gate height to 4’ (this will make fence height 6’ by right) MMC 20.34.020 Accessory Dwelling Units Remove minimum square footage requirement for ADUs (HB2343) MMC 20.34.020 Accessory Dwelling Unit Remove ADU owner occupancy requirement (HB2343) MMC 20.34.040 Accessory Recreational Facilities Clarify indoor accessory recreational facilities do not require an administrative special use permit MMC 20.70.070 Administrative Approvals Remove owner occupancy requirements from accessory dwelling unit registration (HB2343) AGENDA ITEM 7.2 Time Estimate: 15 minutes. Minor Code Amendments Page 62 of 77 MMC 20.73.085 Review Procedures and Approvals Repeal. Section expired December 31, 2014. MMC 20.73.165 Subdivision Vesting After Approval Repeal. Section expired December 31, 2014. MMC 20.80.060 Type 1 Decisions Amend code of conduct for CAP permits ≤ $499,999 MMC 20.80.060 Type 2 Decisions Amend CMP Level 1 for CAP ≥ $500,000 and/or on a private lane MMC 20.80.060 Type 3 Decisions Repeal CMP Level 2 Summary of Proposed Amendments 1. MMC 20.22.030 – Lot Development Standards. The purpose of these two amendments is to provide clarification to the code. The first being that lots that are located at the end of a terminal street are allowed the same logical orientation as lots on private lanes and the second is to clarify a property line designation when a lot has three fronts. 2. MMC 20.22.040 – Protrusions into Setback Areas. The purpose of this amendment is to provide upland lots the same rights to an on-grade patio that lots in the shoreline jurisdiction are afforded. 3. MMC 20.30.010 – Fences, Walls, and Gates. The purpose of these amendments is to streamline the permitting process for fences along the front property line. 4. MMC 20.34.020 – Accessory Dwelling Units. The purpose of these amendments is to update the Accessory Dwelling Unit section of the code to conform to HB 2343. 5. MMC 20.34.040 – Accessory Recreational Facilities. The purpose of these amendments is to clarify that if an accessory recreational facility is located indoors, an administrative special use permit is not required. 6. MMC 20.70.070 – Administrative Approvals. The purpose of these amendments is to update the Accessory Dwelling Unit section of the code to conform to HB 2343. 7. MMC 20.73.085 – Review Procedures and Approvals. The purpose of this amendment is to repeal an expired section. 8. MMC 20.73.165 – Subdivision Vesting After Approval. The purpose of this amendment is to repeal an expired section. 9. MMC 20.80.060 – Type 1 Decisions. The purpose of this amendment is to replace the construction code of conduct with the CAP process for projects that are equal to or less than $499,999. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 63 of 77 10. MMC 20.80.060 – Type 2 Decisions. The purpose of this amendment is to replace the Level 1 Construction Mitigation Plan with the CAP process for projects that are equal to or greater than $500,000 and/or are on a private lane or access easement. 11. MMC 20.80.060 – Type 3 Decisions. The purpose of this amendment is to repeal the Level 2 Construction Mitigation Plan. Adoption Timeline Action Due Progress Planning Commission to hold public hearing May 25 Upcoming Council to hold final public hearing and adopt code amendments June 14 Upcoming AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 64 of 77 Chapter 20.22 Lot Development Standards 20.22.030 Building and structure setbacks. … E. Where a lot adjoining a private lane or at the terminal end of the street has a condition where the orientation of the dwelling on the lot, or the orientation of dwellings on adjacent properties, logically suggests setbacks that do not correspond to the longer and shorter dimensions of the lot, the setbacks shall be established using the logical orientation rather than the dimensions of the lot. … Figure 20.22.030(B): Setback Property Line Designations (See “Property Line” definitions in Chapter 20.12 MMC) … 20.22.040 Protrusions into setback areas. The following structures may be located within a setback area, excluding setbacks from Lake Washington, which are subject to Chapter 20.63 MMC: A. Utilities which are located underground and accessory to a principal use, except the requirement for undergrounding is not required if the limitation in MMC 20.50.200(I)(6) applies; B. Walkways, stairs and steps, and driveways, not including parking spaces, which do not exceed 30 inches above the existing or finished grade, whichever grade is lower; AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 65 of 77 C. Uncovered decks and patios, provided: 1. No part of the structure exceeds 30 inches in height above the existing or finished grade, whichever grade is lower; and 2. The following setbacks are maintained: a. A minimum 15-foot setback is maintained from the front property line; b. A minimum 10-foot setback is maintained from the rear property line; and c. A minimum side-yard setback equal to one-half (1/2) the required distance pursuant to Table 20.22.030 CD. Window wells that do not project more than six inches above the ground level and do not protrude more than four feet into the setback area; DE. Fences and freestanding walls which comply with the requirements set forth in MMC 20.30.010; EF. Irrigation systems at or below finished grade, including yard hydrants, sprinkler heads and similar features that do not exceed 36 inches above the finished grade; FG. Ramps and similar structures installed to a single-family dwelling to provide access for elderly and/or disabled persons; GH. Foundation footings where the footing structure does not protrude more than two feet into the setback area and is located entirely below the ground surface; HI. Improved surface areas for off-street parking provided: 1. The protrusion is limited to the setback area from a front property line; 2. The parking area is designed in a manner that is clearly distinguishable from the driveway; 3. A minimum 15-foot setback is maintained from the front property line; 4. The top of the parking surface does not exceed 30 inches above the existing or finished grade, whichever is lower; IJ. A chimney provided: 1. The protrusion is limited to the setback area from a side property line; 2. The maximum horizontal width of the chimney inside the setback area is five feet; and 3. The chimney does not protrude more than two feet into the setback area; JK. Small accessory structures and outdoor mechanical equipment provided: 1. The protrusion is limited to the setback area from a rear property line; 2. The highest point of the accessory structure or outdoor mechanical equipment does not exceed eight feet in height above the finished grade; 3. The accessory structure or outdoor mechanical equipment does not occupy a footprint greater than 100 square feet; AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 66 of 77 4. Solid landscape screening pursuant to MMC 20.30.060 is planted that screens the structure or mechanical equipment from adjoining properties; and 5. A minimum 15-foot setback from the rear property line is maintained; KL. Open play structures without roofs or walls provided: 1. The protrusion is limited to setback areas from a rear property line; 2. The maximum height of the play structure does not exceed 10 feet above the finished grade; 3. The play structure does not occupy a footprint greater than 100 square feet; 4. A minimum 10-foot setback from the rear property line is maintained; LM. Swimming pools, spas and hot tubs as provided for in MMC 20.34.040; MN. Raised planting bed boxes, which do not exceed 30 inches above the existing or finished grade, whichever grade is lower; NO. Low impact development best management practices or treatment best management practices provided: 1. The best management practice shall be designed, constructed, and maintained in accordance with the stormwater manual adopted under MMC 20.43.200. 2. Best management practices, including associated vegetation, shall be located entirely on private property. 3. The maximum height of any structural element associated with the best management practice shall not exceed 30 inches above the existing or finished grade, whichever grade is lower. 4. The best management practice shall be designed to manage or treat stormwater runoff solely from the building site and from less than 5,000 square feet of impervious surface. 5. Examples of acceptable best management practices, as those practices are defined in Chapter 20.12 MMC, include but are not limited to the following: a. Rain garden; b. Bioretention; c. Dispersion; and d. Biofiltration treatment. … Chapter 20.30 City-Wide Uses 20.30.010 Fences, walls and gates. A. General Provisions. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 67 of 77 1. “Walls,” as referred to in this section, means freestanding walls meeting the definition in MMC 20.12.070, and retaining walls and rockeries meeting the definitions in MMC 20.12.190. 2. Fences, walls and gates may be located within a setback area provided the fence, wall or gate does not exceed the maximum height requirements set forth in subsection (B) of this section. 3. Fences, walls and gates shall be located entirely inside the property lines of a lot, unless both property owners agree the wall or fence may be placed on a common property line. 4. The property owner is responsible for confirming all fences, walls and/or gates are placed inside the property lines on their property. 5. Gates located near an opened street right-of-way shall be set back from the edge of the pavement pursuant to MMC 20.40.125. 6. All lighting devices shall be subject to the height limitations prescribed by this section. 7. Where a permit is required pursuant to subsection (G) of this section, the director may require the property owner to have a land survey performed to identify the property boundaries if: a. The fence, wall or gate is adjacent to a street right-of-way; or b. In the opinion of the director, it is not clear the proposed fence or wall is located entirely within the property lines on the owner’s property. B. Height (See Figures 20.30.010(B)(1), (B)(2) and (D)). 1. The maximum height of a fence, wall, combination of fence and wall, or gate shall not exceed four feet if the structure is located: a. Within a horizontal distance of five feet from a front property line that adjoins a public street not designated as a collector or minor arterial street pursuant to Chapter 10.08 MMC; and b. Within a horizontal distance of five feet from any property line that intersects a front property line that adjoins a public street as described in subsection (B)(1)(a) of this section and extending 30 feet from the front property line. 21. Except as provided in subsection (B)(1) of this section, tThe maximum height of a fence, wall, combination of fence and wall, or gate shall not exceed six feet in all other within setback areas. 32. Fences, walls and gates not located within setback areas may be constructed to the height limitations of other buildings and structures in the zoning district in which the fence, wall or gate is located. 43. For purposes of the height maximums set forth in this section, height shall be measured at the exterior side of the fence or wall facing outward from the property, from the lower of the existing or finished grade to the highest point of the fence or wall (including any light fixtures, caps, or other objects mounted on the top of the fence or wall). 54. Fences and walls shall be considered combined for the purpose of measuring height where the horizontal separation is five feet or less between the closest points of the fence and wall; except, if a property line is located between the fence and wall, the fence and wall shall not be considered combined. These requirements shall also apply to gates and walls. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 68 of 77 Figure 20.30.010(B)(1): Height Limits for Fences and Walls Figure 20.30.010(B)(21): Measuring Fence/Wall Height C. Fence and Wall Height Exception. The placement of a guard rail on top of a retaining wall may exceed the maximum height for fences and walls by up to four feet provided: 1. The building official determines a guard rail is required pursuant to the building codes set forth in Chapter 20.40 MMC; and 2. The solid component parts of the guard rail are evenly distributed and cover no more than 50 percent of the total surface area of the side elevation of the guard rail. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 69 of 77 … 20.34.020 Accessory dwelling units. This section establishes the development criteria that apply to accessory dwelling units. A. Accessory dwelling units meeting the requirements of this section are excluded from density and minimum lot area requirements. B. Accessory dwelling units shall be fully contained within and attached to a single-family dwelling, or must be located within a detached accessory building containing another permitted accessory use. C. Accessory dwelling units are prohibited as the only use in a detached accessory building. D. Only one accessory dwelling unit may be permitted on a lot per each single-family dwelling located on the same lot. E. The property owner of record must occupy either the single-family dwelling or the accessory dwelling unit as a legal residence. Legal residency must be evidenced by actual residency. Legal residency shall terminate by reason of absence in excess of one year. Legal residency shall immediately terminate upon the payment or receipt of rent for both units. F. Development Standards. 1. The accessory dwelling unit shall comply with the development standards of the zoning where the accessory dwelling unit is located; 2. The accessory dwelling unit shall contain not less than 300 square feet of gross floor area; 32. The accessory dwelling unit shall contain no more than the lesser of 1,000 square feet of gross floor area, or 40 percent of the total square footage of the gross floor area of the single-family dwelling and accessory dwelling unit combined; 43. All of the structures on the property shall have the appearance of a single-family dwelling and any other permitted accessory structures; 54. The entry door to the accessory dwelling unit shall be screened from the street by portions of the structure or by dense evergreen vegetation; 65. There shall be no sign or other indication of the accessory dwelling unit’s existence other than an address sign and a separate mail box; 76. The exterior finish of the accessory dwelling unit shall be identical to the residence or accessory structure in which it is contained; and 87. A certification by city of Bellevue utilities is required indicating that water supply and sanitary sewage are available to adequately serve the accessory dwelling unit. G. There shall be one off-street parking space provided for the accessory dwelling unit, which shall be in addition to any off-street spaces required for the principal single-family dwelling. H. Garage space may be converted into an accessory dwelling unit only if the number of covered spaces eliminated by the conversion is replaced by the same number of covered spaces elsewhere on the property. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 70 of 77 I. An accessory dwelling unit must contain: 1. Bathroom facilities that include a toilet, sink and a shower or bathtub; and 2. Kitchen or food storage and preparation facilities and a sink. J. A property owner seeking to establish a legal accessory dwelling unit shall apply to register the dwelling unit with the city pursuant to MMC 20.70.070. The application shall include an agreement by the property owner to occupy either the single-family dwelling or the accessory dwelling unit and to maintain the accessory dwelling unit in compliance with the standards set forth in this section. K. After the accessory dwelling unit is approved, a registration form signed by the record holders of the property shall be recorded with the King County auditor’s office. Said registration form shall contain: 1. The street address and legal description of the property; and 2. Description of the requirement for owner occupancy; and 32. The requirement for maintaining the accessory dwelling unit in compliance with the requirements of this section. L. The registration of the accessory dwelling unit may be canceled pursuant to MMC 20.70.070 by the property owner by recording a certificate of cancellation in a form satisfactory to the city with the King County department of records and elections. The city may record a notice of cancellation upon failure to comply with the standards set forth in this section. … 20.34.040 Accessory recreational facilities. This section establishes the development criteria that apply to outdoor accessory recreational facilities, including minor accessory recreational facilities. A. Accessory recreational facilities are categorized as either major or minor pursuant to the following: 1. Major accessory recreational facilities include the following and require approval of an administrative special use permit pursuant to MMC 20.71.030, provided a major accessory recreational facility is exempt from this section when completely located within a single-family residence or an accessory building: a. Active sports courts such as tennis, paddle tennis, basketball, and similar facilities; b. Swimming pools; c. Hot tubs and spas, except as allowed in subsection (B) of this section; and d. Other similar sports facilities that provide active outdoor recreational activity and with similar 2. Minor accessory recreational facilities such as a basketball hoop and temporary game nets do not require approval of an administrative special use permit provided: a. Installation of the facility does not require additional paved surface area; b. No illumination beyond normal house lighting is installed for use of the facility; AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 71 of 77 c. The facility is not located inside any setback areas, except as allowed for major recreational facilities in subsection (C)(3) of this section; and d. Maximum noise level requirements in Chapter 8.06 MMC are followed. … 20.70.070 Accessory dwelling unit registration. A. Applicability. Any owner installing an accessory dwelling unit (ADU) pursuant to MMC 20.34.020 shall apply for an accessory dwelling unit registration. B. Review Procedures. Approval of an accessory dwelling unit is processed as a Type 1 decision pursuant to the requirements set forth in Chapter 20.80 MMC. C. Approval Criteria. The decision authority may approve an ADU only when the following criteria are met: 1. The ADU meets the requirements set forth in MMC 20.34.020; and 2. The property owner enters into a written agreement with the city to occupy the primary single- family dwelling, or the ADU pursuant to subsection (D) of this section; and 32. The property owner agrees to maintain the ADU in compliance with the requirements in MMC 20.34.020. D. Written Agreement. 1. Before a certificate of occupancy is issued for the ADU, the property owner shall complete, sign, have notarized, and record an ADU registration form. 2. The contents of the ADU registration form shall include the following: a. The street address and legal description of the property where the accessory dwelling unit is located; b. The written agreement for occupancy as prescribed in subsection (C)(2) of this section; cb. The written agreement to maintain the ADU as prescribed in subsection (C)(32) of this section; and dc. Any other relevant information determined necessary by the decision authority. 3. The property owner shall record the ADU registration with King County recorder’s office. A copy of the recorded document and recording number shall be provided to the city. 4. The ADU registration may be cancelled under the following conditions: a. The property owner may cancel the ADU registration if: i. The ADU is permanently removed from the property; or ii. The property owner provides to the city evidence that the use has been removed and obtains approval from the city to cancel the ADU registration; and AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 72 of 77 iii. The property owner records a certificate of cancellation with King County recorder’s office and provides a copy of the recorded certificate of cancellation to the city. b. The city may cancel the ADU registration if the property owner fails to comply with the general requirements in MMC 20.34.020. Cancellation of the ADU registration shall be in accordance with the following procedures: i. The city provides a notice of cancellation to the property owner who shall have a right to appeal the decision to cancel pursuant to MMC 20.80.220 for a Type 1 decision; ii. Once a decision to cancel becomes final, the city shall record a certificate of cancellation with King County recorder’s office; iii. A copy of the recorded certificate of cancellation shall be provided to the property owner after which the use as an accessory dwelling unit shall cease. E. Lapse of Approval. Approval of an accessory dwelling unit shall expire if the building permit for the accessory dwelling unit expires and substantial construction of the accessory dwelling unit has not started. Approval of an accessory dwelling unit shall also expire if the use is abandoned during its existence, or if a certificate of cancellation is recorded. … 20.73.085 Review procedures and approvals.* Each lot line adjustment and division of land is processed as a different action type as described in MMC 20.80.060 and summarized as follows: A. Approval of a lot line adjustment application is a two step process, which includes final approval by the director and recording with the King County auditor. B. Approval of a division of land is a four step process including preliminary approval, installation or bonding of required improvements, final approval, and recording with the King County auditor. The process summarizes as follows: 1. Short Subdivision. a. A preliminary short subdivision is processed as a Type 2 decision pursuant to Chapter 20.80 MMC. b. Installation of infrastructure improvements as determined by the city, or providing a form of security as determined by the city to ensure such improvements are installed. c. A final short subdivision is processed as a Type 1 decision pursuant to Chapter 20.80 MMC. d. The final short subdivision shall be submitted to the director within five years of the date that the preliminary approval became final or the short subdivision shall become null and void. e. The director’s signature is required on the final short plat. 2. Subdivision. a. A preliminary subdivision is processed as a Type 3 decision pursuant to Chapter 20.80 MMC. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 73 of 77 b. Installation of infrastructure improvements as determined by the city, or providing a form of security as determined by the city to ensure such improvements are installed. c. A final subdivision is processed as a Type 2 decision pursuant to Chapter 20.80 MMC. d. The final subdivision shall be submitted to the director within seven years of the date that the preliminary approval became final or the subdivision shall become null and void. e. The following signatures on the final plat are required before the director can submit the final plat to the city council for their action: i. Director: whose signature approves compliance with all terms of the preliminary plat approval of the proposed plat subdivision or dedication. ii. City engineer: whose signature approves the layout of streets, alleys and other rights-of- way, design of bridges, sewage and water systems and other structures. iii. City of Bellevue utilities: whose signature approves the adequacy of the proposed means of sewage disposal and water supply. iv. King County treasurer: whose signature confirms a statement that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. v. Property owner: whose signature confirms a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner. f. The city council may authorize the mayor to sign an approved final plat. * This section shall expire December 31, 2014, pursuant to SSB 6544; Chapter 79, Laws of 2010. … 20.73.165 Subdivision vesting after approval.* Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at the time of complete application for preliminary subdivision and will continue to be vested for a period of seven years after the final subdivision approval. (Ord. 854 § 2, 2010) * This section shall expire December 31, 2014, pursuant to SSB 6544; Chapter 79, Laws of 2010. Chapter 20.80 Project Permit Review Procedures … 20.80.060 Project permit procedures. The procedures for processing a project permit application may include a determination of completeness, notice of application, notice of hearing, and notice of decision. The following tables establish the decision type, the person or body authorized to make the decision, the general review procedures, and notice requirements that are applicable to each project permit application. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 74 of 77 A. Table 20.80.060(A) sets forth project permits that are categorized as Type 1 decisions with the applicable corresponding review procedures. Table 20.80.060(A) – Type 1 Decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Building, reroof and construction permits not listed/no SEPA BO Yes No No Yes Mechanical permit BO Yes No No Yes Demolition permit/no SEPA BO Yes No No Yes Grading and drainage permit/no SEPA BO Yes No No Yes Fence permit BO Yes No No Yes Final short subdivision D No No No No Administrative tree activity permit D Yes No No Yes Hazardous tree designation D Yes No No Yes Right-of-way permit E Yes No No Yes Lot line adjustment D Yes No No Yes Zoning code interpretation D No No No Yes Accessory dwelling units D Yes No No Yes Administrative sign approval D Yes No No Yes Code of conduct approval Construction activity permit for projects ≤ $499,000 E D Yes No No Yes SEPA letter of exemption D1 No No No Yes Shoreline letter of exemption D No No No Yes Shoreline master program interpretation D No No No Yes Temporary use permit D No No No Yes Notes: “DOC” – determination of completeness required pursuant to MMC 20.80.100 “NOA” – notice of application required pursuant to MMC 20.80.110 “NOH” – notice of hearing required pursuant to MMC 20.80.120 “NOD” – notice of decision required pursuant to MMC 20.80.200 “BO” means building official has authority to make the decision “D” means the director has authority to make the decision “E” means the city engineer or designee has authority to make the decision 1“Director” here means the person designated as the responsible official B. Table 20.80.060(B) sets forth project permits that are categorized as Type 2 decisions with the applicable corresponding review procedures. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 75 of 77 Table 20.80.060(B) – Type 2 Decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Building permit/with SEPA BO/D1 Yes Yes No Yes Demolition permit/with SEPA BO/D1 Yes Yes No Yes Grading and drainage permit/with SEPA BO/D1 Yes Yes No Yes Administrative right-of-way tree activity permit D Yes Yes No Yes Administrative special use permit D Yes Yes No Yes Administrative variance D Yes Yes No Yes Minor deviation D Yes Yes No Yes SEPA threshold determination D1 Yes Yes2 No Yes Preliminary short subdivision D Yes Yes No Yes Tailored construction mitigation plan – Level 1 Construction activity permit for projects ≥ $500,000 and/or on a private lane or joint driveway D Yes Yes3 No Yes Final subdivision CC No No No Yes Notes: “DOC” – determination of completeness required pursuant to MMC 20.80.100 “NOA” – notice of application required pursuant to MMC 20.80.110 “NOH” – notice of hearing required pursuant to MMC 20.80.120 “NOD” – notice of decision required pursuant to MMC 20.80.200 “BO” means building official has authority to make the decision “D” means the director has authority to make the decision “CC” means the city council makes the decision “E” means the city engineer or designee has authority to issue a decision 1“Director” here means the person designated as the responsible official 2A NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11-340(1) 3The NOA for a construction activity permit for projects greater than or equal to $500,000 and/or projects on a private lane or joint driveway shall include the date and time of the open house pursuant to MMC 20.75.070 and MMC 20.75.080 C. Table 20.80.060(C) sets forth project permits that are categorized as Type 3 decisions with the applicable corresponding review procedures. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 76 of 77 Table 20.80.060(C) – Type 3 Decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Nonadministrative special use permit HE Yes Yes Yes Yes Conditional use permit HE Yes Yes Yes Yes Historical use permit HE Yes Yes Yes Yes Nonadministrative variance HE Yes Yes Yes Yes Site-specific rezone PC/CC1 Yes Yes Yes Yes Reasonable use exception HE Yes Yes Yes Yes Nonadministrative right-of-way tree activity permit HE Yes Yes Yes Yes Nonadministrative tree activity permit HE Yes Yes Yes Yes Site plan review PC Yes Yes Yes Yes Tailored construction mitigation plan Level 2 PC Yes Yes Yes Yes Preliminary subdivision HE/CC2 Yes Yes Yes Yes Shoreline substantial development permit HE Yes Yes Yes Yes Shoreline variance HE3 Yes Yes Yes Yes Shoreline conditional use permit HE3 Yes Yes Yes Yes Notes: “DOC” – determination of completeness required pursuant to MMC 20.80.100 “NOA” – notice of application required pursuant to MMC 20.80.110 “NOH” – notice of hearing required pursuant to MMC 20.80.120 “NOD” – notice of decision required pursuant to MMC 20.80.200 “HE” means the hearing examiner has authority to make the decision “PC” means the Medina planning commission has authority to make the decision “CC” means the city council makes the decision 1The planning commission holds the open-record hearing and makes a recommendation to the city council. The city council decides the rezone at a closed-record meeting. 2Hearing examiner holds the open-record hearing and makes a recommendation to the city council. The city council decides the preliminary subdivision at a closed-record meeting. 3If the hearing examiner’s action on shoreline variances and shoreline conditional use permits is to approve the application, the approval shall be submitted to the Washington State Department of Ecology for approval, approval with conditions, or denial pursuant to WAC 173-27-200. AGENDA ITEM 7.1 ATTACHMENT 1 Time Estimate: 15 minutes. Minor Code Amendments Page 77 of 77