HomeMy WebLinkAbout07-27-2021 - Agenda Packet
MEDINA, WASHINGTON
PLANNING COMMISSION SPECIAL
MEETING
Virtual/Online
Tuesday, July 27, 2021 – 4:00 PM
AGENDA
COMMISSION CHAIR | Laurel Preston
COMMISSION VICE-CHAIR | Shawn Schubring
COMMISSIONERS | Laura Bustamante, David Langworthy, Mark Nelson, Mike Raskin, Randy
Reeves
PLANNING MANAGER | Stephanie Keyser
Virtual Meeting Participation
With the passage of the City’s Proclamation of Local Emergency, City Hall is closed to the public.
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 Planning
Manager at 425.233.6416 or email skeyser@medina-wa.gov and leave a message before 12PM
on the day of the July 27 Planning Commission meeting. Please reference Public Comments for
July 27 Planning Commission Meeting on your correspondence. The Planning Manager 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
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Meeting ID: 943 3885 4158
Passcode: 869423
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1. CALL TO ORDER / ROLL CALL
2. APPROVAL OF MEETING AGENDA
3. APPROVAL OF MINUTES
3.1 Planning Commission Minutes of June 22, 2021
Recommendation: Adopt Minutes.
Staff Contact: Stephanie Keyser, AICP, Planning Manager
1
4. ANNOUNCEMENTS
4.1 Staff/Commissioners
5. AUDIENCE PARTICIPATION
Individuals wishing to speak live during the Virtual Planning Commission meeting will need
to register their request with the Planning Manager, Stephanie Keyser, via email
(skeyser@medina-wa.gov) or by leaving a message at 425.233.6416 before 12pm the
day of the Planning Commission meeting. Please reference Public Comments for the July
27 Planning Commission meeting on your correspondence. The Planning Manager will
call on you by name or telephone number when it is your turn to speak. You will be allotted
3 minutes for your comment and will be asked to stop when you reach the 3-minute limit.
6. DISCUSSION
6.1 Tree Code Retention and Replacement Requirements
6.2 Supplemental Trees and Enforcement
ADDITIONAL INFORMATION
Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless
otherwise specified.
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.
7. ADJOURNMENT
UPCOMING MEETINGS
Tuesday, August 24, 2021 - Regular Meeting Cancelled
Tuesday, September 28, 2021 - Regular Meeting at 4:00 PM
Tuesday, October 26, 2021 - Regular Meeting at 4:00 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
2
MEDINA, WASHINGTON
PLANNING COMMISSION MEETING
Virtual/Online
Tuesday, June 22, 2021 – 4:00 PM
MINUTES
COMMISSION CHAIR | Laurel Preston
COMMISSION VICE-CHAIR | Shawn Schubring
COMMISSIONERS | Laura Bustamante, David Langworthy, Mark Nelson, Mike Raskin, Randy
Reeves
PLANNING MANAGER | Stephanie Keyser
Virtual Meeting Participation
With the passage of the City’s Proclamation of Local Emergency, City Hall is closed to the public.
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 Planning
Manager at 425.233.6416 or email skeyser@medina-wa.gov and leave a message before 12PM
on the day of the June 22 Planning Commission meeting. Please reference Public Comments for
June 22 Planning Commission Meeting on your correspondence. The Planning Manager 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/99416418228?pwd=UlIvM1VKa2RIWGhacjRFckNnUk9Udz09
Meeting ID: 994 1641 8228
Passcode: 849285
One tap mobile
+12532158782,,99416418228#,,,,*849285# US (Tacoma)
1. CALL TO ORDER / ROLL CALL
Chair Laurel Preston called the meeting to order at 4:04 PM
PRESENT
Chair Laurel Preston
Vice Chair Shawn Schubring
Commissioner Laura Bustamante
Commissioner David Langworthy
Commissioner Mark Nelson arrived at 4:29 PM
3
AGENDA ITEM 3.1
Commissioner Mike Raskin left at 5:01 PM
Commissioner Randy Reeves
Staff Present: Kellerman, Keyser, Minor, Wilcox
2. APPROVAL OF MEETING AGENDA
Chair Preston called for the agenda to be amended and the approval of minutes to be
moved to the end of the meeting. By consensus, the amended agenda was approved.
3. ANNOUNCEMENTS
3.1 Staff/Commissioners
Keyser made the following announcements:
At the June 14th meeting, Council adopted the Bulk and Minor Code Amendments as
presented in the recommendation forwarded by Planning Commission.
In September, the Commission will be meeting back at City Hall at their regularly
scheduled time of 6PM.
September 20th will be the Joint Planning Commission/City Council meeting where the
tree code recommendation will be presented.
4. AUDIENCE PARTICIPATION
None.
5. DISCUSSION
5.1 Tree Code Retention and Replacement Requirements
Recommendation: Discussion
Staff Contact: Stephanie Keyser, AICP, Planning Manager
Time Estimate: 180 minutes
Keyser discussed staff report.
Commissioners discussed and asked questions.
Staff responded.
Motion made by Commissioner Reeves, Seconded by Commissioner Langworthy to
adopt the recommendations in 20.52.120 and 20.52.130 but to replace the word
Exceptional with Landmark. Approved (6-0).
Voting Yea: Chair Preston, Vice Chair Schubring, Commissioner Bustamante,
Commissioner Langworthy, Commissioner Nelson, Commissioner Reeves
4
AGENDA ITEM 3.1
Motion made by Commissioner Langworthy, Seconded by Commissioner Nelson to
remove the sentence in 20.52.120(A)(1)(d)(iii) and 20.52.120(A)(2)(d)(iii). Approved (6-
0).
Voting Yea: Chair Preston, Vice Chair Schubring, Commissioner Bustamante,
Commissioner Langworthy, Commissioner Nelson, Commissioner Reeves
6. APPROVAL OF MINUTES
Motion made by Vice Chair Schubring, Seconded by Commissioner Nelson. Approved
(4-0).
Voting Yea: Vice Chair Schubring, Commissioner Bustamante, Commissioner Nelson,
Commissioner Reeves
7. ADJOURNMENT
Meeting adjourned at 6:46 PM.
Motion made by Commissioner Bustamante, Seconded by Vice Chair Schubring to
adjourn. Approved (6-0).
Voting Yea: Chair Preston, Vice Chair Schubring, Commissioner Bustamante,
Commissioner Langworthy, Commissioner Nelson, Commissioner Reeves
5
AGENDA ITEM 3.1
MEDINA, WASHINGTON
AGENDA BILL
Tuesday, July 27, 2021
Subject: Tree Code Retention and Replacement Requirements
Category: Discussion
Staff Contact(s): 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.
To provide better integration of the working draft with the existing code, the following changes
have been made since the last meeting:
• Creation of a new section: 20.52.015 General provisions and applicability – Some of
the draft language that was in 20.52.110 has been moved here. The purpose of this is to
provide clear direction that is applicable to all tree removal projects associated with
development.
• Exceptional trees have been replaced with Landmark
• The word preservation has replaced the word retention
• The area where supplements trees are required has been reduced from the first 20-feet
of a front and rear property line to 15-feet
• Amend 20.52.320 Tree preservation plan – This will move the remaining language that
was in 20.52.110 so we do not create redundancy in the code.
• Create new section: 20.52.330 Fee-in-Lieu of Tree Preservation Plan – This just moves
the fee-in-lieu language to its own section which will make it easier to identify
Attachment(s) Tree Code Retention and Replacement Requirements
Budget/Fiscal Impact: N/A
Recommendation: Approve
City Manager Approval: N/A
Proposed Council Motion:
Time Estimate: 60 minutes
6
AGENDA ITEM 6.1
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
MEMORANDUM
DATE: July 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 with the understanding that Council wants to adopt the changes
by the end of the year.
To provide better integration of the working draft with the existing code, the following changes
have been made since the last meeting:
• Creation of a new section: 20.52.015 General provisions and applicability – Some of the
draft language that was in 20.52.110 has been moved here. The purpose of this is to provide
clear direction that is applicable to all tree removal projects associated with development.
• Exceptional trees have been replaced with Landmark
• The word preservation has replaced the word retention
• The area where supplements trees are required has been reduced from the first 20-feet of a
front and rear property line to 15-feet
• Amend 20.52.320 Tree preservation plan – This will move the remaining language that
was in 20.52.110 so that we do not create redundancy in the code
• Create new section: 20.52.330 Fee-in-Lieu of Tree Preservation Plan – This just moves
the fee-in-lieu language to its own section which will make it easier to identify
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.
7
AGENDA ITEM 6.1
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).
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: Landmark, Legacy, and Significant (COMPLETED –
APPROVED JUNE 22nd: 6-0)
Planning Commission voted to create a new tree category for trees larger than 100” – Landmark
trees, and to reduce the threshold for legacy trees from 50” to 36”.
Fee-in-Lieu (COMPLETED – APPROVED APRIL 27th: 3-2)
Planning Commission voted to change the fee-in-lieu section so that 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. 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.
Medina Tree Fund (COMPLETED – NO ACTION NEEDED)
8
AGENDA ITEM 6.1
The question of what the city does with the money received from owners opting to use the fee-in-
lieu (or payment into the Medina tree fund) option was asked. The Public Works department
oversees the fund and they use it to cover the costs of tree trimming, removal of hazard trees, and
new plantings on city property. One thing the city should do is create a plan and prioritize where
future plantings should occur.
Amending tree credit value section MMC 20.52.130(C) (increase or decrease)
(COMPLETED – APPROVED JUNE 22nd: 6-0)
Planning Commission voted to reduce all of the values in the tree credit section by .25.
Long-term survival rates and enforcement (NEW – To be discussed in 6.1 of the agenda)
The code does say that owners are responsible for ensuring that the supplemental trees remain
viable for 5 years, however there is no mechanism for enforcement or follow-up. There has been
concern raised on the logistics and cost of site visits after a project is finaled if we were to add an
enforcement section. However, Planning Commission is a recommending body and it is ultimately
up to Council to decide what should and should not be included.
Numerical tree replacement requirement; Location of trees, both removal and replacement;
Making sure the code is simple and flexible
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 and rear 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 while language
that Planning Commission has previously approved is green and underlined.
9
AGENDA ITEM 6.1
20.52.015 General provisions and applicability:
1. Site design strategies and specific development site areas demonstrating preservation of
significant trees shall be presented at the pre-application meeting with the city.
2. For lots under development, as defined by MMC 20.52.100, a tree preservation plan shall
be required.
3. Any applicable grading plans, pursuant to MMC Chapter 20.43, shall be developed to
preserve existing trees and avoid significant alteration to the grades around the preserved
trees.
4. Multiple applications of the tree preservation retention requirements in this section
chapter over a 10-year period shall not cause the number and size of trees required to be
retained to be reduced below the number and size of trees required to be retained with the
first application.
5. When calculating tree preservation retention requirements, trees excluded from tree
preservation retention requirements shall not be included in the calculation.
6. For the purpose of calculating tree density requirements, 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 MMC Chapters 20.50 and 20.67.
7. All of the following shall be excluded from the requirements of this section chapter:
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.
20.52.110 Tree retention requirements .
A. Where land is designated as under development pursuant to MMC 20.52.100 trees within the
boundaries of the lot (retention of trees in the city right-of-way are governed by MMC
20.52.400) shall be retained in accordance with any 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
10
AGENDA ITEM 6.1
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.
20.52.120 Legacy and Landmark tree protection measures.
This section applies to trees designated as lLegacy and landmark trees, which are native trees
that because of their age, size and condition are recognized as having exceptional outstanding
value in contributing to the character of the community. Legacy and Landmark trees within the
shoreline jurisdiction are regulated in MMC 20.66.050.
A. A Legacy or Landmark tree meeting all of the following criteria shall be designated as a
legacy tree by meeting all of the following criteria:
1. Legacy tree:
1a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
2b. The diameter breast height of the tree is 5036 inches or larger but less than 100
inches; and
11
AGENDA ITEM 6.1
3c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
ai. The tree is properly cared for; and
bii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development.; and
4d. The tree is not:
ai. A hazard tree pursuant to MMC 20.52.200; or
bii. 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.
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.
2. Landmark tree:
a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
b. The diameter breast height of the tree is 100 inches or larger; and
c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
i. The tree is properly cared for; and
ii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development.
B. Legacy and Landmark trees shall be preserved and retained unless replacement trees are
planted in accordance with the following:
1. Legacy tree:
1a. The quantity of replacement trees is calculated by multiplying the diameter breast
height of the subject legacy tree by 50 percent the required percentage standards in Table
20.52.120(B) to establish the number of replacement inches; and
2. Where more than one legacy tree is removed, the replacement inches for each legacy
tree being removed shall be added together to produce a total number of tree replacement
inches; and
3b. 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)(a) and (2) of this section.
12
AGENDA ITEM 6.1
Table 20.52.120(B) Legacy Tree Replacement Requirements
Square Footage of the Lot Area Required number of replacement caliper inches
Less than 10,001 10% removed DBH
From 10,001 to 13,000 15% removed DBH
From 13,001 to 15,000 25% removed DBH
From 15,001 to 20,000 35% removed DBH
Greater than 20,000 50% removed DBH
Do we need an example here of how to calculate the replacement inches using the table???
2. Landmark tree:
a. The quantity of replacement trees is calculated by multiplying the diameter breast
height of the subject Landmark tree by 100 percent to establish the minimum number of
replacement inches; and
b. When more than one Landmark tree is removed, the placement inches for each
Landmark tree being removed shall be added together to produce a total number of tree
replacement inches; and
c. 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)(2)(a) and (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);
2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall
apply to the removal of a lLegacy and Landmark trees in lieu of and in addition to
requirements for removing nonlegacy trees;
3. The tree replacement requirements set forth in this section for a lLegacy and Landmark
tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing
tree unit gap;
4. If the minimum performance standards in MMC 20.52.130 are used, and if supplemental
tree units are required, the tree replacement requirements set forth in subsections (B) and (C)
of this section shall together count as one supplemental tree unit;
5. Off-site tree planting as described in MMC 20.52.140(AC2), (B), (C), and (E) are
acceptable alternatives to on-site replacement tree planting provided the director or designee
approves of the off-site location in writing.
13
AGENDA ITEM 6.1
20.52.130 Minimum performance standards for land under development
A. The requirements and procedures set forth in this section shall apply to lands that are
designated as under development pursuant to MMC 20.52.100. Figure 20.52.130 outlines the
primary steps prescribed by this section in establishing requirements and determining
compliance with this chapter.
Figure 20.52.130 Tree Performance Process
B. Lots with land under development shall contain a sufficient number of significant trees to
meet the minimum required tree units established by the following procedures:
1. The lot area is divided by 1,000 square feet; and
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.
14
AGENDA ITEM 6.1
Table 20.52.130(B) Tree Density Ratio
Zoning District Category of Land Use Tree Density Ratio
R-16, R-20, R-30 & SR-30
Residential 0.3540
Golf Course 0.15
Nonresidential other than specifically
listed
0.25
Public
Schools 0.15
Parks 0.42
Residential 0. 3540
Nonresidential other than specifically
listed
0.25
N-A All 0.25
State Highway All 0.12
C. To determine compliance with the required tree units applicable to the lot, apply the following
procedures:
1. Inventory all existing significant trees on the subject lot; and
2. Assign a tree unit to each significant tree using the corresponding tree unit set forth in
Table 20.52.130(C); and
3. Add the tree units together to compute the total existing tree units and subtract the tree
units of those significant trees removed to determine the net existing tree units (do not round
fractions); and
4. Subtract the net existing tree units from the required tree units determined in this
subsection (C) to establish:
a. If the net existing tree units equal or exceed the required tree units then no
supplemental trees are required; or
b. If the net existing tree units are less than the required tree units then supplemental
trees are required pursuant to subsection (D) of this section.
15
AGENDA ITEM 6.1
Table 20.52.130(C) Existing Tree Unit
Tree Type Diameter Breast Height
of Existing Tree
Tree
Unit
Deciduous 6 to 10 inches 0.75 0.5
Greater than 10 inches 1.0 0.75
Coniferous
6 to 10 inches 0.75 0.5
Greater than 10 inches,
but less than 5036 inches
1.0 0.75
5036 inches and greater 1.25 1.0
D. If supplemental trees are required, the quantity of trees is determined by applying the
following procedures:
1. Determine if a pre-existing tree unit gap exists by subtracting the total existing tree units
from the required tree units:
a. If the difference is less than zero round to zero;
b. A difference of zero means no pre-existing tree unit gap is present;
c. If the difference is greater than zero, the difference is the pre-existing tree unit gap;
2. To calculate the quantity of supplemental trees required, apply the provisions in
subsection (D)(3) of this section first to those supplemental trees replacing an existing
significant tree starting in order with the largest tree to the smallest tree, and then, if
applicable, apply subsection (D)(3) of this section to those filling a pre-existing tree unit gap;
3. The quantity of supplemental trees is determined by:
a. Assigning a tree unit to each supplemental tree using Table 20.52.130(D);
b. Two supplemental trees shall be required for replacing each existing significant tree
having a diameter breast height of 24 inches and larger subject to the limitation in
subsection (D)(3)(d) of this section, and consistent with subsection (D)(2) of this section
these shall be counted first;
c. The quantity of supplemental trees shall be of a sufficient number that their total
assigned tree units added to the net existing tree units shall equal or exceed the minimum
required tree units established in subsection (C) of this section; and
d. Supplemental trees in excess of those needed to meet the minimum required tree units
shall not be required.
16
AGENDA ITEM 6.1
e. See Diagram 20.52.130 for an example of calculating supplemental trees.
Table 20.52.130(D) Supplemental Tree Unit
Purpose of Supplemental
Tree
Diameter Breast Height of
Removed Tree
Tree Unit for
Supplemental Trees
Replace an existing
significant tree
6 inches to less than 24 inches 1.0
24 inches and larger 0.5
Fill a pre-existing tree unit
gap
Not applicable 1.0
Diagram 20.52.130 Example Calculating Supplemental Trees
4. Minimum Development Standards Applicable to All Supplemental Trees.
17
AGENDA ITEM 6.1
a. To be eligible as a supplemental tree, the tree species must be selected from the
appropriate list set forth in the “City of Medina List of Suitable Tree Species”
established in MMC 20.52.050;
b. Trees shall be planted on the subject lot;
c. Each supplemental tree shall have a minimum caliper of two inches or, if the tree is
coniferous, it shall have a minimum height of six feet at the time of final inspection by
the city;
d. Trees shall be planted in a manner of proper spacing and lighting that allows them to
grow to maturity;
e. Existing trees within the boundaries of the lot having less than six inches diameter
breast height may count as supplemental trees provided the tree meets all other
requirements applicable to a supplemental tree;
f. Supplemental trees replacing existing significant trees shall have at least one tree be of
the same plant division (coniferous or deciduous) as the significant tree it is replacing;
and
g. The owner of the subject lot shall take necessary measures to ensure that supplemental
trees remain healthy and viable for at least five years after inspection by the city and the
owner shall be responsible for replacing any supplemental trees that do not remain
healthy and viable for the five years after inspection by the city.
E. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as
a significant tree for purposes of this chapter.
F. In lieu of the supplemental tree requirements prescribed by this section, an owner may satisfy
the requirements for supplemental trees by meeting the requirements for off-site tree planting set
forth in MMC 20.52.140.
20.52.140 Off-site tree planting Supplemental tree standards and priorities.
A. Where this chapter authorizes off-site tree plantings, an owner may use the provisions of this
section to satisfy requirements for planting trees on site.
B. Except where contribution to the Medina tree fund is used in lieu of planting required trees,
application of this section shall not result in planting trees below the minimum requirements for
on-site plantings.
C. An owner may plant required trees at on off-site location provided all of the following are
satisfied:
1. The off-site location is within the boundaries of the city including:
a. Private property with the written consent of the owner of the off-site location;
18
AGENDA ITEM 6.1
b. City property with the written approval of the director;
c. Other public property with the written consent of the entity with jurisdiction over
the off-site location;
2. Existing trees at the off-site location shall not be included as satisfying tree planting
requirements;
3. Trees planted off site in lieu of on-site requirements shall not be counted as an existing
tree on the property where the off-site tree is located;
4. Trees planted off site in lieu of on-site requirements shall meet development standards
including:
a. Having a minimum caliper of two inches or, if the tree is coniferous, having a
minimum height of six feet at the time of final inspection by the city;
b. If applicable, having at least one tree of the same plant division (coniferous or
deciduous) as the significant tree it is replacing;
c. The owner of the off-site property shall take necessary measures to make certain
that the trees planted to satisfy the requirements of this chapter remain healthy and
viable for at least five years after inspection by the city, and the owner shall be
responsible for replacing any subject trees that do not remain healthy and viable for
the five years after inspection by the city.
D. In lieu of planting trees, an owner may contribute to the Medina tree fund provided the
following are satisfied:
1. When the contribution is for replacing an existing significant tree, payment is at a rate of:
a. Two hundred dollars per each diameter breast height inch of the significant tree
where the tree removed has less than a 20-inch diameter breast height size;
b. Two hundred fifty dollars per each diameter breast height inch of the significant
tree where the tree removed has at least a 20-inch diameter breast height, but less than
36-inch diameter breast height size;
c. Four hundred dollars per each diameter breast height inch of the significant tree
where the tree removed has at least a 36-inch diameter breast height or larger size;
2. When the contribution is for required tree plantings used to satisfy the pre-existing tree
unit gap determined in MMC 20.52.130(D)(1), payment shall be at a rate of $1,700 per
required tree not planted.
E. An owner may select to apply a combination of planting trees on site, off site and/or
contributing to the Medina tree fund provided:
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AGENDA ITEM 6.1
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.
F. Consistent with the authority granted in MMC 20.10.040, the director may establish additional
administrative rules as necessary relating to the care and maintenance of off-site trees.
A. To be eligible as a supplemental tree, the tree species must be selected from the appropriate
list set forth in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050
and shall meet the following general requirements:
1. Each supplemental tree shall have a minimum caliper of two inches, or, if the tree is
coniferous, it shall have a minimum height of six feet at the time of final inspection by the
city;
2. Trees shall be planted in a manner of proper spacing and lighting that allows them to grow
to maturity;
3. Existing trees within the boundaries of the lot having less than six inches diameter breast
height may count as supplemental trees provided the tree meets all other requirements
applicable to a supplemental tree;
4. Supplemental trees replacing existing significant trees shall have at least one tree be of the
same plant division (coniferous or deciduous) as the significant tree it is replacing; and
5. The owner of the subject lot shall take necessary measures to ensure that supplemental
trees remain healthy and viable for at least five years after inspection by the city and the
owner shall be responsible for replacing any supplemental trees that do not remain healthy
and viable for the five years after inspection by the city.
B. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as
a significant tree for the purpose of this chapter.
C. Where supplemental trees are required pursuant to MMC 20.52.130(D), the trees shall be
planted in the following order of priority:
1. On-site and adjacent right-of-way. The preferred locations for on-site supplemental trees
are in the following order of priority from most important to least important:
a. Adjacent to critical areas and their associated buffers as defined in MMC Chapters
20.50 and 20.67;
b. At a minimum 20% of the trees shall be within the site perimeter as follows:
i. 10% within the first 15 feet of the front property line.
ii. 10% within the first 15 feet of the rear property line.
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AGENDA ITEM 6.1
c. Adjacent to a low impact development (LID) stormwater facility;
d. Within the immediately adjacent right-of-way.
2. Off-site. An owner may elect to plant the required trees off-site upon written request, and
approval from the City. Except where contribution to the Medina tree fund is used in lieu of
planting required trees, application of this section shall not result in planting trees below the
minimum requirements for on-site plantings. Off-site locations include:
a. City-owned properties;
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 director or designee determines there is insufficient area to replant on-
site or within the adjacent public right-of-way, the director or designee may authorize
payment of a fee-in-lieu in accordance with MMC. 20.52.330.
D. An owner may elect select to apply a combination of planting trees on site, off site and/or fee-
in-lieu upon written request, and approval by the City, provided:
1. The combination is consistent with the provisions of this chapter; and
2. The combination results shall be equivalent to or greater than the minimum requirements
for on-site plantings.
E. Consistent with the authority granted in MMC 20.10.040, the director may establish additional
administrative rules as necessary relating to the care and maintenance of off-site trees.
F. Existing trees at the off-site location shall not be included as satisfying tree planting
requirements.
G. Trees planted off-site in lieu of on-site requirements shall not be counted as an existing trees
on the property where the off-site tree is located.
20.52.320 Tree removal and planting preservation plan.
A. Unless a fee-in-lieu is approved pursuant to MMC 20.52.330, P permits for lands under
development and permits for removing city trees in city rights-of-way shall include a tree
removal and planting preservation plan containing the following information:
1. A survey plan prepared by a Washington State licensed surveyor that includes the
following:
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AGENDA ITEM 6.1
a. The location, genus, species, common name, and size of all significant trees located
within the boundaries of the property and within any adjoining city rights-of-way;
ab. Topography of the site at two-foot contour intervals.;
bc. Critical areas as defined in Chapters 20.50 and 20.67 MMC.; and
d. If existing trees that are less than six inches diameter breast height are to be counted as
supplemental trees, the location, genus, common name, and size of such tree.
2. A site plan drawing showing the following:
a. Proposed improvements, alterations or adjustments to the subject property including,
but not limited to, buildings, driveways, walkways, patios, decks, utilities, and proposed
contours.;
b. Existing structures, whether proposed to remain or proposed for removal.; and
c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property.
3. A conceptual or definitive tree-planting plan that includes:
a. The location, genus, species, common name, and size of all significant trees located
within the boundaries of the property and within any adjoining city rights-of-way and
notation of which significant trees will be retained and which are proposed to be
removed. Identification of all trees having a six inches or larger diameter breast height
size to be retained and those to be removed;
b. If existing trees that are less than six inches diameter breast height are to be counted as
supplemental trees, the location, genus, common name, and size of such tree.
c. Compliance with the following objectives:
i. Trees shall be incorporated as a site amenity with a strong emphasis on tree
protection. To the extent possible, forested sites should retain their forested look,
value, and function after development.
ii. Trees should be preserved as vegetated islands and stands rather than as
individual, isolated trees scattered throughout the site.
iii. Trees to be preserved shall be healthy and wind-firm as identified by a qualified
arborist.
iv. Preservation of significant trees as follows:
1. Significant trees which form a continuous canopy.
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AGENDA ITEM 6.1
2. Significant trees located adjacent to critical areas and their associated buffers.
3. Significant trees located within the first 15 feet adjacent to a property line.
4. Significant trees which will be used as part of a low impact development
(LID) storm water facility.
5. Significant trees over sixty (60) feet in height or greater than twenty-four (24)
inches DBH.
d. For lots larger than 20,000 square feet, excluding lots within the shoreline jurisdiction
as defined by MMC 20.66.050, the tree density ratio shall be achieved as follows:
i. At least 20 percent of the required significant trees as determined by MMC
20.52.130 shall be retained equally within the site perimeter as follows:
1. 10 % within the first 15 feet of the front property line.
2. 10% within the first 15 feet of the rear property line.
ii. At least 15 percent of the required significant trees as determined by MMC
20.52.130 shall be retained within the site interior.
e. Compliance with the required tree density ratio pursuant to MMC Table 20.52.130(B).
Analysis of required tree units, existing tree units, and net tree units;
fc. If applicable, a list of supplemental trees to be planted consistent with the
requirements of this chapter.;
gd. If right-of-way trees are proposed for removal, an analysis of the tree mitigation and a
list of replacement trees to be planted.;
he. The list of required tree plantings shall include the size, genus, species and common
names.; and
if. As applicable, a proposed general planting landscaping plan that includes the required
tree plantings and other vegetation being planted, as appropriate, for determining
compliance with other provisions of the Medina Municipal Code (i.e., grading and
drainage and shoreline master program regulations).
B. The director may authorize modifications to the tree removal and planting preservation plan
on a case-by-case basis that reduce submittal requirements if the director concludes such
information to be unnecessary.
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AGENDA ITEM 6.1
C. The director may require additional information to be included with the tree removal and
replacement preservation plan, such as tree protection measures, where the director concludes the
information is necessary to determine compliance with this chapter.
D. The applicant may combine the survey, site plan drawing, and/or tree replacement
preservation plan into a single document, or may combine the required information with other
documents, provided the city determines the submitted information is reasonably easy to
understand. All plans shall be drawn to a scale acceptable by the director.
E. Permits not involving land under development do not require a tree removal and planting
preservation plan. However, this shall not preclude the director from requiring such information
as necessary to determine compliance with this chapter.
20.52.330 Fee-in-lieu of Tree Preservation Plan.
A. The director or designee may authorize payment of a fee-in-lieu provided:
1. There is insufficient area on the lot or adjacent right-of-way to meet the number of
replacement inches prescribed by MMC 20.52.130; or
2. Tree replacement provided within public right-of-way or a city park in the vicinity will be
of greater benefit to the community.
3. Fees shall be provided in lieu of on-site tree replacement based upon the following:
a. The expected tree replacement cost including labor, materials, and maintenance for
each replacement tree; and
b. The most current Council of Tree and Landscape Appraisers Guide for Plant
Appraisal.
5. The applicant executes a written agreement with the City demonstrating compliance with
the criteria in this section.
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AGENDA ITEM 6.1
MEDINA, WASHINGTON
AGENDA BILL
Tuesday, July 27, 2021
Subject: Supplemental Trees and Enforcement
Category: Discussion
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Summary
The topic of enforcement and ensuring that supplemental trees survive has been brought up
multiple times throughout Planning Commission’s tree code discussion. While the code requires
supplemental trees and there is language that requires these trees to survive for five years after
planting, there is not a process that outlines how that is accomplished. The answer is not as
straightforward as writing code; there has to be a reasonable process in place that the city can
both fund (if applicable) and enforce. At the July 12th City Council meeting, Planning Commission
received direction to begin to consider how to address enforcement with the understanding that
the enforcement piece of the tree code does not need to be a finalized piece that is included in
the draft tree code presentation in September.
The topics that staff would like to discuss are:
• Enforcement of viability of supplemental/replacement trees
• Increasing the caliper size of supplemental/replacement trees
• Permitting supplemental/replacement trees in the ROW
Attachment(s) Supplemental Trees and Enforcement
Budget/Fiscal Impact: N/A
Recommendation: Discussion
City Manager Approval: N/A
Proposed Council Motion:
Time Estimate: 60 minutes
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AGENDA ITEM 6.2
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
MEMORANDUM
DATE: July 27, 2021
TO: Medina Planning Commission
FROM: Stephanie Keyser, AICP, Planning Manager
RE: Supplemental Trees and Enforcement
The topic of enforcement and ensuring that supplemental trees survive has been brought up
multiple times throughout Planning Commission’s tree code discussion. While the code requires
supplemental trees and there is language that requires these trees to survive for five years after
planting, there is not a process that outlines how that is accomplished. The answer is not as
straightforward as writing code; there has to be a reasonable process in place that the city can both
fund (if applicable) and enforce. At the July 12th City Council meeting, Planning Commission
received direction to begin to consider how to address enforcement with the understanding that the
enforcement piece of the tree code does not need to be a finalized piece that is included in the draft
tree code presentation in September.
The topics that staff would like to discuss are:
• Enforcement of viability of supplemental/replacement trees
• Increasing the caliper size of supplemental/replacement trees
• Permitting supplemental/replacement trees in the ROW
Enforcement of viability of supplemental/replacement trees
What does enforcement mean for ensuring supplemental tree survival? Does it mean yearly
inspections? Every other year? Should the city only follow up at the end of the five years?
Properties can change hands multiple times in five years. How are new owners notified of the
responsibility of keeping the supplemental trees on their property?
Increasing the caliper size of supplemental/replacement trees
Part of the issue is the minimum size requirement of replacement trees having a 2-inch caliper.
Although the code identifies these as significant, one would not necessarily realize that just by
looking at them. Does it make more sense to increase the minimum sized supplemental tree that is
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AGENDA ITEM 6.2
required? It should be noted that an increase would only be applicable for tree permits associated
with land under development.
Permitting supplemental/replacement trees in the ROW
The code permits supplemental trees to be planted in the ROW. This location makes it easier to
ensure compliance with survival requirements however there is overlap as far as maintenance is
concerned. A property owner is responsible for maintaining the ROW and ensuring there is proper
clearance for sidewalks and overhang onto streets. But, if a homeowner does not maintain what’s
planted in their ROW, it is the responsibility of the city to trim back a hedge or cut tree branches.
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AGENDA ITEM 6.2