HomeMy WebLinkAboutOrdinance No. 0925r„
Ordinance No.925
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MEDIN ,'1t1lASHINGTON, AMENDING SECTION 20.52.100
OF THE MEDINA MUNICIPAL CODE BY EXCLUDING THE REMOVAL OF
NUISANCE TREES FROM DESIGNATING LANDS UNDER DEVELOPMENT
WHEREAS, the City of Medina is classified as a non -charter code City under Title 35A
Revised Code of Washington (I CW); and
WHEREAS, the City Council approved Ordinance No. 909 adopting Chapter 20.52 of
the Medina Municipal Code, which updated the " Medina Tree Code with Phase One
amendments, and which was last amended by Ordinance No. 923 with Phase Two
amendments; and
WHEREAS, subsequently to the adoption of Ordinance No. 923 the City Council was
made aware of a concern that the removal of nuisance trees were not included in the clearing
and drubbing criteria for designating lands under development; and
WHEREAS, the City Council wishes to exclude the removal of nuisance trees from
counting towards the clearing and grubbing tree removal criterion for designating lands under
development; and
WHEREAS, pursuant to I CW 36, 0A.1 5( )( ), an expedited review was transmitted to
the Washington State Department of Commerce (Material # 21580) on September 25, 2015;
and expedited review was granted on October 12, 2015; and
WHEREAS, a State Environmental Policy Act (;EPA) threshold [determination of
Nonsignificance (IONS) for the proposal was issued on October 12, 2015, pursuant to WAC 1 '7-
11-340(1);'and
WHEREAS, the Planning Commission held a public hearing on October 27, 2015, to
receive testimony for and against the proposal with public notice for the hearing published in
The Seattle Times newspaper on October 12, 2015, and posted at the City's notice boards and
on the City's website on October 8, 2015; and
' WHEREAS, the City Council makes the following findings of fact in support of its
i recommendation:
ti K A SEPA threshold Determination of Non i nificance (DNS) was issued on October
12, 2015, determining that the proposed code amendments would not have a
t probable significant adverse impact on the environment;
13. The City provided appropriate opportunity for the public to participate in the code
amendment process. The code amendment is minor in its effects as the proposal
affects only whether a grading or clearing action might be subject to the tree
performance standards or the restoration standards in Chapter 20.52 MC. Public
noticing for the planning: commission's public hearing was posted on the City's notice
boards and by sending electronic notices to interested parties. Notice also was
posted on the City's wbsite and a notice of the public hearing was published in a
newspaper of general circulation.
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C. The City Council received a recommendation from the Planning Commission
supporting the code amendment.
C. The proposed code amendment is consistent with the Medina Comprehensive Plan.
The amendment does not alter the community design goal to retain Medina's distinct
and informal neighborhood development pattern and it is consistent with the goals
and policies of the Medina Comprehensive Plan to preserve the community's high
quality residential setting and it's informal and natural character.
D� The proposed code amendment bears a substantial relation to the public health,
safety and welfare. The code ;amendment; adds nuisance trees to hazard trees as
being excluded from counting towards the criteria of when removingsignificant trees
is subject to the tree performance standards or the restoration standards in Chapter
20.52 MM. The proposal will provide bettor consistency with other similar
provisions regarding nuisance trees in Chapter 20.52 MMC.
E. The proposed amendment advances the public interest of the community by
providing better consistency within Chapter 20.52 MMC regarding the treatment of
nuisance trees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, IBC)
ORDAIN AS FOLLOWS:
Section 1. Amend Section 20.52.100. Section 20.52,100 of the Medina Municipal
Code is amended to read;
20.62.100` Designation of land under development.
Land is designated as under development for purposes of this chapter if one or more of the
following conditions is present;
A. Any development activity requiring a building permit where:
1. Construction of a dwelling having a gross floor area of 2,500 square feet or more;
2. Construction of accessory buildings on property, containing a residential use, or
supporting a residential use, where the total gross floor area of all accessory buildings
on the lot is 1,000 square feet or more;
Any building constructed to be occupied principally by a nonresidential use where the
grass floor area of the building is 1,000 square feet or more;
} 4. Any series of exterior alterations, modifications or additions that over a four -consecutive-
year period increases the total building footprint on a lot by more than 500 square feet or
15 percent, whichever is larger;
5. Construction of any structures, including but not limited to driveways, decks, patios; and
walkways, that over a four -consecutive -Year period increases the impervious surface on
the lot by a total of 2,000 square feet or more;
. Grading that over a four -consecutive -year period totals 2,00 cubic yards or more.
B. Any development activity requiring a building permit, a right-of-way permit, and/or a lane/ use
or shoreline permit where;
1. One or more ;significant trees are removed; with at least one tree having a 10 inch
diameter breast height or larger size; or
2. Four or more significant trees are removed, provided each has less than a 10-inch
diameter breast height size; and
3. The criteria in subsections (13)(1) and (2) of this section shall include the following trees;
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Ordinance No. 925
a. Significant trees removed within two years prior to the submittal of an application for
such permits; or
b. Significant trees removed within two years after such permits are finalized by the city
and the project completed;
respectively-
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C. Clearing or grubbing of land that:
1Is located outside of city rights -of -way;
2. Requires no permits, except for a tree permit; and
. Removes four or more ((nonhazardous)) significant trees, with at least four trees having
a 1 l-inch diameter breast height or larger size, over a four -consecutive -year period.
D, The cauntin of removed trees under MMC ZQ.52.1 CICI and C shall not include those
trees desi nated as a hazard or nuisance tree oursuant to MMC 20.52,200 and 20.52.210
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Section 2. Severabil ty. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Gate. A summary of this :ordinance shall be published in the official
newspaper of the City, and the ordinance shall take effect and be in full force five (5) clays after the
date of publication.
ADOPTED BY THE CITY COUNCILAT A REGULAR MEETING THEREOF ON THE 9th DAY OF
NOVEMBER 2015.
Patrick Boyd, M or
Approved as to form: Attest:
Kathleen J. Haggar ity Attorney Aimee Kellerman, City Clerk
Porter Foster Rorick L P
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