Loading...
2022-12-14 Planning Board MinutesCITY OF EDMONDS PLANNING BOARD & TREE BOARD Minutes of Webinar Meeting December 14, 2022 Chair Pence called the joint meeting of the Edmonds Planning Board and Tree Board to order at 7:00 p.m. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES Board Member Campbell read the Land Acknowledgement. Planning Board Members Present Roger Pence, Chair Judi Gladstone, Vice Chair Mike Rosen Beth Tragus-Campbell Lily Distelhorst (student rep) Planning Board Members Absent Todd Cloutier (excused) Richard Kuehn (excused) READING/APPROVAL OF MINUTES Staff Present Mike Clugston, Senior Planner Deb Forest, Urban Forest Planner Tree Board Members Present Janelle Cass, Chair Bill Phipps, Vice Chair Wendy Kliment Crane Stavig Chris Eck (virtual) MOTION MADE BY BOARD MEMBER ROSEN, SECONDED BY VICE CHAIR GLADSTONE, TO APPROVE THE MINUTES OF NOVEMBER 9 AS CORRECTED. MOTION PASSED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA Board Member Rosen requested switching the order of the Planning Board Handbook and the Tree Code Amendments for the convenience of the Tree Board members present. THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS AMENDED. AUDIENCE COMMENTS David Ehrlich stated he had concerns about the Tree Code as it applies to private property. He is interested in knowing what can be done about alder forests and fallen trees on large parcels of private property. Linda Murray stated she was just present to listen. Planning Board Meeting Minutes December 14, 2022 Page 1 of 7 Will Magnuson said he was interested knowing if the apartment buildings being proposed on Dayton are adhering to the BD2 ordinance that was recently passed. Linda Ferkingstad expressed concerns about how the Tree Code has impacted her family and their property because of tree retention requirements and excessive fee requirements. She stated this is an illegal seizure, and forced coercion is required before permits are issued permanently. It interferes with property rights, devalues property, and violates the 4th Amendment of the Constitution. She asserted the excessive fees violate the 5th Amendments' takings clause of the Constitution. She reviewed the extensive costs and delays associated with the requirements of the Tree Code. She urged the Planning Board and Tree Board to carefully consider their actions and the impact of the code on the constitutional rights of families and property owners. UNFINISHED BUSINESS A. Tree Code Amendments, ADM 2022-004 Tree Board Chair Janelle Cass introduced the Tree Board members and gave highlights of the Tree Board's work on the code. Urban Forest Planner Deb Powers gave the presentation regarding the Tree Code Amendments. The objectives of these amendments are to limit property owner tree removals (Phase 2) and consider minor changes to the current code. She also gave an update on the public engagement plan for this project. Planet Geo will be the consultant for guiding public engagement efforts using an equitable engagement framework. She highlighted the consolidated code list and discussed complexities associated with it. Currently there are 21 minor code amendments being proposed. Property Owners Tree Removals (major code amendments) considerations: • Allow a limited number of removals? • Certain wait period between removals? • Consider limits to landmark tree removals? • What triggers a permit or fees? • Should there be a minimum number of existing trees? • Replacements? Next steps: new minor code process; minor code amendment final roster; property owner tree removals Discussion: Chair Pence asked if the code gets into reasons for the removal. Ms. Powers replied that it does not. Chair Pence expressed concern about complicated restrictions that force a homeowner to hire a lawyer or an arborist or both to figure out what they can do. Ms. Powers explained that can be avoided by having a very prescriptive code. Chair Pence asked about the current standards. Ms. Powers generally reviewed these. She explained they will go into more depth when they are talking about property owner tree removals. Tonight, staff is only looking for a recommendation regarding the minor code amendments and approval of the process. Board Member Campbell spoke in support of the equitable engagement framework as they go through this process. Planning Board Meeting Minutes December 14, 2022 Page 2 of 7 Chair Cass noted that there has actually been an increase in tree canopy cover in Edmonds. Ms. Powers noted that overall, there has been an increase, but certain areas have not seen an increase. Ms. Powers reviewed the proposed list of minor amendments: 1-4. Clarify Definitions 5. Which developments require tree plans? 6. Clarify development review process 7 Add "viable" 8. TPZ 9. Identify incentives 10. Consistent City/applicant code language 11. Clarify arborist reports 12. Double negatives 13. Conservation Subdivision Incentive 14. Prioritize incentives/variations, "phased review" 15. Clarify replacement trees 16. Reformat replacement trees (chart) 17. Consolidate replacement trees 18. Reformat fees in lieu 19. Reference Tree Fund 20. Strike "substitute" reference 21. Incorrect code reference Items to consider pulling from minor code amendment list: • Amendment 9 — Identify Incentives: Vice Chair Phipps spoke to his concerns about item 9 and emphasized the importance of tree replacement to account for the carbon loss of trees. Chair Pence asked if he wanted to apply this to homeowners in addition to developers. Vice Chair Phipps affirmed that he did. Chair Pence asked if it would require replacement on site or if they could pay into a fund to replant in other locations. Vice Chair Phipps acknowledged that replanting on site was not always possible although it would be ideal. Fees -in -lieu would address this by replanting the trees somewhere else. He was in support of a tree preserve or a tree farm for this purpose. Ms. Powers explained that the ways to clarify the incentives would be a minor code amendment, but to address the issues in other ways would bump it up to moderate or major. Board Member Campbell commented that the very fact that they are having a debate about this indicates it is not a minor amendment. • Amendment 12 — Double Negatives: Ms. Powers discussed the confusion contained in the code. Because it is not easy to wordsmith, this it would require some code restructuring and would not be a minor amendment. There was consensus to remove this from the list. • Amendment 13 — Conservation Subdivision Incentive/Minimum retention threshold: "Greater tree retention" needs to be clarified as a numerical threshold. • Amendment 15 - Clarify replacement trees: Streamline, use one system, equity • Amendment 16 - Reformat replacement trees (chart): Replanting options >24" DBH, replant first vs. fees in lieu • Amendment 17 - Consolidate replacement trees: Streamline, use one system, equity • Amendment 18 - Reformat fees in lieu: Streamline, use one system, replant first Planning Board Meeting Minutes December 14, 2022 Page 3 of 7 Vice Chair Gladstone commented that it seems there are a fair number of items that need to go through an equity analysis. Conducting that analysis will inform whether or not these are important. She wondered if the code results in unequal outcomes because of differences in people's resources. This is especially true with minor amendments 1, 3, and 18. Board Member Campbell noted that the minor code already requires a qualified tree professional. She wondered if changing the definition of what a qualified tree professional is would change the equity aspect. Vice Chair Gladstone did not know but expressed concern that they would end up with unequal results because of available resources. Ms. Powers pointed to the dark grey section in the list which contains items related to this that are outside the scope of this discussion. There have been discussions about using an equity lens internally to look at all codes and policies in an equitable, fair, and inclusive manner. Board Member Rosen agreed that this was important and agreed with Board Chair Gladstone that they need to solve the problem of who comes up with the process and the filter in the future. Ms. Powers pointed out that it is already listed as the last item in the dark grey section (no process to analyze and revise city codes for diversity, equity, and inclusion). Vice Chair Gladstone spoke in support of the proposed list but referred to the definition of "viable tree" and noted that "significant" is used in the definition which is confusing. Ms. Powers explained that "significant" is defined in the code. MOTION MADE BY BOARD MEMBER CAMPBELL, SECONDED BY VICE CHAIR GLADSTONE, THAT THE BOARD SUPPORTS THE STAFF RECOMMENDATION REGARDING WHICH MINOR AMENDMENTS ARE TO BE REMOVED FROM THE MINOR AMENDMENT LIST AND THAT THE BOARD SUPPORTS STAFF PROCEEDING WITH THE CHANGES FOR THE REMAINING MINOR AMENDMENTS. Vice Chair Phipps commented that this is a very confusing process. They have spent a lot of time talking about the process and not enough time talking about the substance. He stressed the need for moderate and major things getting dealt with at some point. He spoke in support of moving forward with the process so they can get to the substantive issues. Ms. Powers stated she would be coming back to the boards at some point in January to discuss major code amendments that have to do with property owner tree removal. MOTION PASSED UNANIMOUSLY (4-0). Tree Board members left the meeting at 8:35 p.m. The group recessed until 8:40 p.m. ADMINISTRATIVE REPORTS A. Planning Board Handbook Senior Planner Clugston explained that the handbook would help with onboarding new members. He requested feedback on the draft handbook. Board Member Campbell recommended that specific staff names be omitted within the document (or only be limited to one "contact" section) and just generic titles used throughout the document. Board Member Rosen: • He thanked staff for working on this handbook. Planning Board Meeting Minutes December 14, 2022 Page 4 of 7 • He recommended deleting the reference to COVID on packet page 15. • On packet page 17, he clarified that the practice has been that the alternate voted any time a person was missing, not just when they needed a quorum. Mr. Clugston noted this is what is in the code, but they are free to change it if they want. • The terms on packet page 19 need to be updated. • He wondered if they should address the use of task forces or subgroups to advance work. • Is it worth pointing out that we do not have a council liaison and why? • As an advisory group, can the tools they use to convey information to the Council be more spelled out (motions, head nods, memos, etc.) • He recommended clarification about their scope of work and what to do if they have opinions outside of that scope. Mr. Clugston referred to language in Powers and Duties. Board Member Rosen thought he heard the City Attorney encouraging them to express opinions they have even if they fall outside of the scope. Vice Chair Gladstone recommended getting focus questions when they have discussion items so the discussion doesn't go all over the place. Board Member Campbell: • She recommended being specific about the duties and responsibilities of the Chair and the Vice Chair. • She also recommended clarification about the procedures for election of officers. • She recommended having a standing subcommittee that the Chair should be a part of to increase public engagement. • She expressed appreciation for this handbook. Vice Chair Gladstone requested clarity about staff s role in terms of agenda setting. Mr. Clugston explained that it is ultimately up to staff but they invite the Board's input. Chair Pence requested more frequent, brief, informal updates about ongoing planning projects so the Planning Board stays in the loop. Mr. Clugston thought this would improve in 2023 because they are hiring a new planning manager. Mr. Clugston asked the Board if there was an interest in starting the meetings at 6 p.m. instead of 7 p.m. There was interest in this, but the Board decided to wait until new members were on board to discuss changing it. It was noted that the meeting location also needs to be changed. Board Member Campbell indicated she had notes she could provide staff regarding suggested edits. She had suggestions regarding the duties of the Chair and Vice Chair. Chair Pence commented it did not need to be too detailed since it is all pretty straightforward. Vice Chair Gladstone said she was interested in seeing the detailed suggestions. Board Member Campbell stated she would forward those to Vice Chair Gladstone for review. The Board was very appreciative that the handbook was getting prepared. NEW BUSINESS None Planning Board Meeting Minutes December 14, 2022 Page 5 of 7 PLANNING BOARD EXTENDED AGENDA A. Extended Agenda The extended agenda was reviewed. There was significant discussion and strong opinions about not using regular meeting time for the OPMA training. It was suggested that the training could be done for all boards and commissions at the same time. Mr. Clugston indicated they could look into options. Vice Chair Gladstone had the following comments: • She noted that the Planning Board Powers and Duties, #3, says that the Board shall serve as an ongoing Park Board and advise the Mayor and City Council on all matters relating to the acquisition and development of all city parks and recreation facilities. She thought this sounded pretty limited; it didn't sound like it included operations. Chair Pence commented that there has been discussion about breaking the Parks responsibility out of the Planning Board and having it be either a freestanding board or merging it in with the Tree Board. This would reduce some of the Planning Board's work since they are so busy. • She asked for clarification about where the points of input are for the Highway 99 Community Renewal Program. Chair Pence explained this is the point of the initial briefing. • She recommended that they include on the agenda what it is they hope to get out of the meeting for each item. • She expressed concern that the multifamily design standard has fallen off their list. She would like to figure out where it can fit into the agenda. • Before they do the Tree Code update, she wants to be clear about what the goal is. She requested that the Tree Board review the moderate and major items and come to the Planning Board with a recommendation and why. She is uncomfortable diving into those topics without the knowledge and depth that the Tree Board has. PLANNING BOARD CHAIR COMMENTS Vice Chair Pence gave an overview of his 31/2 months as Planning Board Chair. He discussed the struggle of having unfilled seats on the Board and the problems that created with getting quorums for meetings. He reviewed the status of board member replacements and his unsuccessful attempts to meet with the Mayor. He hopes for the sake of the city and the Board that the Mayor decides to fill the vacancies. He then announced that he has very recently been informed that his term is up, and that he will not be reappointed. He still has an interest in the work and will be involved as much as possible. PLANNING BOARD MEMBER COMMENTS Board Member Rosen reported this is his 109t' meeting. He announced this would also be his last meeting as he received the same notification this week as Chair Pence that his term will not be extended. He has considered it an honor to serve on this board and to serve as chair for a year. He hopes the collaboration between the Board, staff, the community, and the Council can be even greater in the future because the potential is amazing. He reviewed highlights and stories about his time on the Board. He encouraged everyone to remember that they are only temporary stewards of the land, to take that seriously, and not to screw things up. Planning Board Meeting Minutes December 14, 2022 Page 6 of 7 Vice Chair Gladstone commented on how impressed she had been with Planning Board when she joined in May of 2020. She noted that Board Members Pence and Rosen would be greatly missed. She expressed concern about their loss in terms of continuity, experience, and wisdom of the work that has been done. Their absence will be felt. Board Member Campbell noted she was the newest member of the Planning Board. She thanked Board Members Pence and Rosen for their work, their guidance, and for helping her get up to speed. She agreed that they are going to be missed dearly. She thanked them for their service to the City and to the Planning Board. ADJOURNMENT: The meeting was adjourned at 9:38 p.m. Planning Board Meeting Minutes December 14, 2022 Page 7 of 7