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2023-06-28 Planning Board PacketOp E D o Agenda Edmonds Planning Board s71. ,HvREGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020 JUNE 28, 2023, 7:00 PM REMOTE MEETING INFORMATION: Meeting Link:https://edmondswa- gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxlTG9LZkc3KOhuS014QT09 Meeting ID: 873 2287 2194 Passcode:007978 This is a Hybrid meeting: The meeting can be attended in -person or on-line. The physcial meeting location is at Edmonds City Hall 121 5th Avenue N., 3rd floor Brackett R000m Or Telephone :US: +1 253 215 8782 LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES A. June 14 Meeting Minutes 4. ANNOUNCEMENT OF AGENDA 5. AUDIENCE COMMENTS 6. ADMINISTRATIVE REPORTS 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS A. Tree Code Amendments, AMD 2022-0004 9. NEW BUSINESS A. Comprehensive Plan Update 10. PLANNING BOARD EXTENDED AGENDA A. June 28 Extended Agenda Edmonds Planning Board Agenda June 28, 2023 Page 1 11. PLANNING BOARD MEMBER COMMENTS 12. PLANNING BOARD CHAIR COMMENTS 13. ADJOURNMENT Edmonds Planning Board Agenda June 28, 2023 Page 2 3.A Planning Board Agenda Item Meeting Date: 06/28/2023 June 14 Meeting Minutes Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Staff Recommendation Approve the draft minutes for the Planning Board's June 14, 2023 regular meeting. Narrative The draft minutes for the board's June 14, 2023 regular meeting are attached. The joint meeting with City Council as advertised as a City Council special meeting, so those minutes will be approved by the City Council. Attachments: June 14, 2023 Draft Meeting Minutes Packet Pg. 3 3.A.a CITY OF EDMONDS PLANNING BOARD Minutes of Hybrid Meeting June 14, 2023 Chair Gladstone called the hybrid meeting of the Edmonds Planning Board to order at 7:07 p.m. at Edmonds City Hall and on Zoom. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES The Land Acknowledgement was read by Board Member Mitchell. Board Members Present Judi Gladstone, Chair Lauren Golembiewski Jeremy Mitchell Nick Maxwell Lily Distelhorst (student rep) Board Members Absent Richard Kuehn (excused) Susanna Martini (excused) Beth Tragus-Campbell, Vice Chair (excused) READING/APPROVAL OF MINUTES Staff Present Susan McLaughlin, Planning and Development Director David Levitan, Planning Manager MOTION MADE BY BOARD MEMBER GOLEMBIEWSKI, SECONDED BY BOARD MEMBER MAXWELL, TO APPROVE THE MINUTES OF MAY 24 AS PRESENTED. MOTION PASSED. ANNOUNCEMENT OF AGENDA THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED. AUDIENCE COMMENTS Jacob Steg an referred to Aurora and SR 104 and commented that it is a horrible route for bicyclists and pedestrians. He recommended keeping this in mind as they discuss the Highway 99 Community Renewal Plan. He noted that the information in the packet looks great. UNFINISHED BUSINESS A. Highway 99 Community Renewal Plan Planning Board Meeting Minutes June 14, 2023 Pagel of 5 Packet Pg. 4 3.A.a Development Services Director McLaughlin noted that the draft Plan has been completed and was included in the Board's packets along with staff s recommendation. She discussed previous planning efforts and infrastructure challenges. Under a Community Renewal Plan (CRP), special tools would be available to start getting development opportunities with the intention of catalyzing investment for both public and private investment in the corridor. The analysis confirms that Edmonds is eligible to apply for a CRP based on physical dilapidation of buildings, unsafe conditions, insufficient access to parks/open space, inadequate street layout, inadequate lot layout, and excessive surface parking coverage. Additionally, there is a big gap in tree canopy coverage along Highway 99. Assets of the area include proximity to the coming Sound Transit light rail station, Ballinger Park, culturally relevant businesses and non-profit service providers, community gardens, City Hall neighborhood office, full -service grocery, lively shopping plaza, Swift BRT stations, Mathay-Ballinger Park, N bus transit hub at Aurora Transit Center in Shoreline, and businesses generating tax revenue for public services.? c Director McLaughlin discussed structural issues in the area. Highway 99 cuts through existing neighborhoods, creating a barrier between the Lake Ballinger neighborhood and the rest of Edmonds. Several irregularly shaped lots were created that have been difficult to develop because of their odd shape. The medians also present access challenges. Construction of the interchange at Highway 99/SR 104 made access to the Burlington Coat Factory site difficult. Access remains an impediment to redevelopment of the site. Site Design Safety Challenges exist because physical barriers and poor sight lines create "dead zones", especially between and behind buildings enabling crime along the corridor. Many buildings in the area are more than 50 years old and/or in "below 3 normal condition". d She discussed potential implementation strategies: adopt a community renewal area, explore tax increment financing as an option to address infrastructure needs, foster public -private partnerships, pursue Reconnecting Communities Grant, and continue to invest in parks and transportation per the Highway 99 subarea plan EIS. She explained that Reconnecting Communities is a federal grant created for the purpose of reconnecting neighborhoods that have been inequitably bisected. It is not yet known whether Edmonds would be eligible but it is an exciting possibility. Recommended projects include public -private redevelopment, access improvements near the interchange, through block connections, neighborhood park, Green Streets, business revitalization, and interchange replacement. General clarification questions and answers followed. Board Member Golembiewski asked about the boundary of the Community Renewal Area versus the subarea. Director McLaughlin explained that per the RCW definition they focus directly on the corridor itself and the results of Highway 99 bisecting the neighborhoods. Board Member Golembiewski asked what happens with the tax increment financing if it doesn't get built. Director McLaughlin explained this is a risk. She spoke to the value of using the powers under a Community Renewal Plan to foster that and ensure that you get a return. Board Member Golembiewski asked what happens to the property values of people who own property in a Community Renewal area. Director McLaughlin was not sure but indicated they could look into that further. Chair Gladstone also wondered if this would change over time. She stated she went to community meetings on this and instead of focusing on being eligible for a Community Renewal Plan, the focus was on designating it as a blight area. There was a lot of bristling at the idea of calling this a blighted area. Director McLaughlin acknowledged that there is great sensitivity to the word blight. She explained that this tool is something that is used for conditions that are undesirable or unsafe as a result of infrastructure. Chair Gladstone said she appreciates the emphasis on being eligible for being a Community Renewal area rather than talking about blight. Planning Board Meeting Minutes June 14, 2023 Page 2 of 5 Packet Pg. 5 3.A.a Director McLaughlin concurred and expressed hope that these tools could provide the feasibility of tackling larger scale issues. Board Member Mitchell asked how the Community Renewal Plan would keep people consistently engaged. Director McLaughlin spoked to the value of an implementation strategy associated with a master plan to create a cohesive development. She commented that community engagement is key. Board Member Maxwell commented that the area has been very stable (unchanged) for at least 30 years and, without some sort of intervention, he believes it will not improve or change. He thinks it is a great idea to explore this. Student Representative Distelhorst commented that the narrative on Highway 99 is that it is unsafe and because of that we shouldn't have development. However, what people don't realize is that redeveloping it can really c' change it and benefit the city more. c W Board Member Mitchell noted that when you put improvements in place or a plan for improvements in place, it shows that you care about a neighborhood. Usually when you care about a neighborhood, crime starts to go down. as c Director McLaughlin added that through the Community Renewal Plan they would have more powers to help people who have been displaced as a result of anything they would do along the corridor. d Board Member Golembiewski wondered about the impacts of living in an area/building designated as a Community Renewal Area and whether it made sense to include certain apartment buildings. Director McLaughlin indicated she would go back to some case studies and talk to people in cities that have been through this process. Chair Gladstone said she thinks having a Community Renewal Plan for this area makes a lot of sense; however, it seems to be lacking a sense of where the dollars will be targeted. She is hesitant to call it a plan. She also asked how much of the plan is going to be community -driven versus other kinds of drivers. She referred to community engagement and stressed that part of this is having results that the community cares about. She thinks this plan identifies good strategies but doesn't give a sense of how they are going to decide what to do. What is the community's role in determining that? When the Council approves it, what is their expectation for the implementation of this? Director McLaughlin said her recommendation is to get the area designated as a Community Renewal Area and then launch into comprehensive plan conversations. That scope will allow staff the opportunity to work with the Highway 99 community, dust off the subarea plan, and reidentify the issues and areas of focus to help inform the strategic plan moving forward. Chair Gladstone referred to Green Streets and noted that in her opinion this would need more substantiation on the stormwater side to make it worth spending the dollars that might otherwise be spent on other projects. Director McLaughlin explained that Green Streets in Edmonds would be much different than Seattle. It is a full cost continuum between adding additional street trees to the full blown engineered bioretention cell. The feedback in this area has been that there is an absolute void of tree canopy, landscaping, and walkable streets. Chair Gladstone stressed that Green Streets could provide some tree canopy which is valuable, but they are absolutely not a substitute for parks. Planning Board Meeting Minutes June 14, 2023 Page 3 of 5 Packet Pg. 6 3.A.a Board Member Golembiewski asked how they would know when the Community Renewal Plan is done. Director McLaughlin replied that it is never really done. It's more of a designation. Removing the designation would also remove the tools they have access to. Board Member Golembiewski asked if a city can have more than one Community Renewal Area. Director McLaughlin was not sure. Board Member Maxwell recommended that the word blight be taken out of any of their conversations unless they need to use it for application purposes. Director McLaughlin concurred. Board Member Maxwell said he grew up in an area that was redeveloped and renewed and those are dirty words to him. In Philadelphia renewal and redevelopment always meant the places you love were destroyed and replaced with huge concrete messes that no one loved and no one wanted to be around. To avoid that he recommended maintaining the tax base. This would help to guide away from things that the community would not actually want. Regarding business revitalization, he suggested finding a way to support businesses. He discussed a program where businesses pay? N little to no rent for a certain period of time to see if they would be successful. A big part of what makes Highway c' 99 currently unattractive is that it is not continuous. There are big areas where there are no businesses and you lose the community sense. Finally, he stated he was amused that the study was enthusiastic about cut throughs. There was some discussion about the difference between cut throughs and through -block connections. Director McLaughlin explained how Washington State Complete Streets mandate and Reconnecting Communities fit into this. Chair Gladstone referred to the map on page 27 which is trying to portray the potential through -block as connections. It looks like those are crossing Highway 99 as well as breaking up the long blocks in the residential areas. 3 Board Member Golembiewski asked if the intent is to reduce the attractiveness of Highway 99 as a commuter highway and make it more focused on local access. Director McLaughlin explained that it is. There was discussion about potential next steps and the process going forward. Board Member Maxwell stated he was generally comfortable with this. Chair Gladstone commented that it appears that the Board agrees conceptually that it makes sense to have a Community Renewal Plan (or some sort of plan) for this area as a tool for the City to provide best services to the community; however, there are differences in opinion about the details of the projects. Board Member Golembiewski recommended getting answers to some of their questions before sending this on to Council. Director McLaughlin indicated she would try to bring this back in July with more information. She noted that the nomenclature for Green Streets could be changed to be more generalized. Chair Gladstone also recommended having a community -driven prioritized list so the community can see the results they want and continue to be engaged. She also wondered if this would even qualify for the Reconnecting Communities grant because the real divide occurred between Shoreline and Edmonds with SR 104. Board Member Mitchell asked if there is a specific way to highlight crime reduction as a goal for some of the recommended projects. Director McLaughlin noted that public -private redevelopment would afford a police substation and community wraparound facilities. She indicated they could clarify this. PLANNING BOARD EXTENDED AGENDA Planning Manager Levitan reviewed the extended agenda. Planning Board Meeting Minutes June 14, 2023 Page 4 of 5 Packet Pg. 7 3.A.a PLANNING BOARD CHAIR COMMENTS None PLANNING BOARD MEMBER COMMENTS Board Member Mitchell thanked staff for putting together the special meeting. Student Representative Distelhorst thanked staff for the presentation. ADJOURNMENT: The meeting was adjourned at 8:44 p.m. Planning Board Meeting Minutes June 14, 2023 Page 5 of 5 Packet Pg. 8 8.A Planning Board Agenda Item Meeting Date: 06/28/2023 Tree Code Amendments, AMD 2022-0004 Staff Lead: Deb Powers Department: Planning Division Prepared By: Deb Powers Background/History At the April 26, 2023 Planning Board meeting, the Board reviewed high level key code concepts and considered new regulatory options for property owner tree removals as amendments to Chapter 23.10 Edmonds Community Development Code (ECDC) (Attachment 1). As noted in the meeting minutes (Attachment 2), the Board provided general direction for staff to return with preliminary draft code for Planning Board and public review at the June 28, 2023 Planning Board meeting. Staff proposed inviting the Tree Board to this meeting (originally scheduled for June 14) to discuss the draft code language. A Notice of Special Meeting of the Tree Board has been issued to allow them to participate in the discussion on June 28. Staff Recommendation No formal action is required at this meeting. Members are asked to review and discuss the issues, options and sample code shown in Attachment 3 as well as the summary of community feedback provided in Attachment 5 and provide direction to staff on the Board's preferred approach to codes related to property owner tree removals. Staff will continue to develop draft code language for Planning Board review and discussion at a subsequent Planning Board meeting, which is currently scheduled for August 9, 2023. Narrative Initially adopted in 1928, Edmonds tree code was most recently updated in 2021 to address tree retention and planting standards associated with development activity. During the 2021 code amendment process, the City Council and Planning Board discussed a "second phase" of code amendments that would consider property owner tree removals unrelated to development activity. Currently, there are no limits to tree removal on developed multifamily, commercial, and single-family properties that cannot be subdivided and do not have critical areas. Changes to ECDC that add new requirements or substantially prohibit/ban something currently allowed, or amendments resulting in significant changes to procedures or additional cost to permit applicants are considered major code amendments. Therefore, new regulations that limit property owner tree removals are major code amendments. Development and land use code amendments are a Type V decision consistent with ECDC Chapter 20.80, with Planning Board review of proposed code amendments and recommendation to City Council following a public hearing. The City Council holds a second public hearing to consider the Planning Packet Pg. 9 8.A Board's recommendation, with any code amendments adopted by ordinance. Regulatory Framework for Property Owner Tree Removals Attachment 3 is organized by the same six key code concepts discussed at the April 26, 2023 Planning Board meeting, showing the main issues, options under consideration and sample code language for each. Concise, conceptual code language is shown in the right column with notes differentiating new and current codes. From top to bottom, the sample code rewrite column shows how each key code concept is related to the previous. Yellow highlights indicate areas that the Planning Board had not arrived at a consensus (or majority) opinion or specific code direction during the April 26 meeting, which may be good areas to focus on during this joint meeting with the Tree Board. Requests for Information At the April 26 Planning Board meeting, the Board requested information to assist in making decisions regarding the key code concepts related to property owner tree removals. Attachment 4 provides requested information that is supplemented by a series of hyperlinks, graphics, etc. Staff will provide visual aids at the June 28`" meeting to assist in discussion regarding tree size. Public Feedback Staff has included a summary on all public engagement efforts, including the general public survey results, two Community Conversation events and focus group feedback prepared by the City's public engagement consultant (Attachment 5). Additional information related to focus group meeting outcomes will be presented at the June 28 joint meeting with the Tree Board. Attachments: Attachment 1- April 26, 2023 Planning Board Staff Report Attachment 2 - April 26, 2023 Planning Board Meeting Minutes Attachment 3 - Property Owner Tree Removal Regulatory Framework Attachment 4 - Additional Information Requested at April 26 Planning Board Meeting Attachment 5 - Public Engagement Final Report Packet Pg. 10 8.A.a Planning Board Agenda Item Meeting Date: 04/26/2023 Tree Code Update Phase II - Private Property Tree Removals Staff Lead: Deb Powers Department: Planning Division Prepared By: Deb Powers Background/History The Planning Board received a project update on Phase II of the Tree Code Update project and reviewed the related Community Engagement Strategy at its March 8, 2023 meeting. Planning Board meetings to address the remaining Chapter 23.10 Edmonds Community and Development Code (ECDC) amendments are scheduled for April 26, May 10, and June 14, 2023. Staff will review potential options for property owner tree removals (not related to development) at the April 26 Planning Board meeting. On May 10, staff will review major code amendments proposed to the existing development -related tree code. The anticipated outcome for each of these meetings is general direction for staff to develop preliminary draft code for Planning Board and public review at the June 14, 2023 meeting, before potentially holding a public hearing as early as July 12, 2023. Development and land use code amendments are a Type V decision consistent with ECDC Chapter 20.80, with Planning Board review of proposed code amendments and recommendation to City Council following a public hearing. The City Council holds a second public hearing to consider the Planning Board's recommendation, with any code amendments adopted by ordinance. Staff Recommendation No formal action is required at this meeting. Members are asked to review and discuss regulatory options for property owner tree removal. Staff has included a summary of initial public feedback on the topic prepared by the city's public engagement consultant (Attachments 2 and 3) as well as examples from local jurisdictions. Board members are asked to provide direction to staff on the Board's preferred approach to property owner tree removals so staff may develop preliminary draft code language for Planning Board review and discussion on June 14, 2023. Staff is proposing to invite the Tree Board to the June 14 meeting so that they may provide additional feedback. Narrative The primary purpose of the 2022-2023 tree code amendments is to consider code amendments to ECDC 23.10 (see weblink above) that limit tree removals on private property. The project aims to balance a property owner's right to remove trees on their property with the community's interest in slowing the loss of canopy cover and the role of the tree canopy in helping with climate change adaptation and mitigation. Incentives, programs, public education and other tools that work towards a healthy, sustainable urban forest are outlined in the Urban Forest Management Plan (UFMP; see weblink) and implemented by various groups or individuals as resources allow. Scope Changes to ECDC that add new requirements or substantially prohibit/ban something currently allowed, Packet Pg. 11 8.A.a or amendments resulting in significant changes to procedures/additional cost to permit applicants, are considered major code amendments. Currently, there are no limits to tree removal on developed, single family properties that cannot be subdivided and do not have critical areas. Therefore, new regulations that limit property owner tree removals are major code amendments. Regulatory Framework In simplistic terms, codes that limit property owner tree removals establish two things: 1) a maximum or limited number of tree removals, and 2) a specified timeframe for the tree removals to occur. Frorr there, key code concepts form a regulatory framework for property owner tree removals, including replacement and mitigation requirements. Attachment 1 lists these key code concepts, identifies issues/gaps with the current code and provides examples of code options adopted by neighboring municipalities. Staff has also included weblinks to private property tree removal regulations in a number of local cities, which board members are encouraged to review and identify components that they believe the city should consider implementing. The main options identified in Attachment 1 are: 1) Tree removal allowances (number of trees that can be removed) 2) Tree removal frequency 3) Reasonable exceptions 4) Landmark trees 5) Removal in critical areas 6) Tree replacement requirements Each code option presents questions that drill down to greater levels of code detail for the Planning Board to consider - "How should the code regulate property owner tree removals in Edmonds?" Note that increased code complexity or options that do not correlate to a streamlined review process weighted lower in staff recommendations. At the April 26 Planning Board meeting, staff will be seeking direction on these key code concepts to draft code to bring back to the Planning Board on June 14, 2023 Public Feedback In addition to reviewing code options implemented by other cities, Planning Board should consider public feedback provided thus far on the topic. The city recently distributed a public survey (see weblink), with preliminary results (as of April 19) provided in Attachment 2. The survey was launched just after the city hosted a March 27 "Community Conversation", which was attended by approximately 20 people and a summary of which is included in Attachment 3. Staff expects that additional code amendments will be identified from public and stakeholder feedback and at subsequent outreach events, Planning Board, Tree Board and City Council meetings. A second "Community Conversation" is tentatively schedule for May 15 and the Tree Board will be holding their stakeholder discussion on May 3. Staff is also proposing to invite the Tree Board to the June 14 work session to review and provide input on draft code language. During development of the UFMP in 2019, a survey was conducted to gauge public sentiment on trees/tree issues. While that survey focused on gaining information about public tree management, some of the responses may be considered baseline information as a comparison to current public sentiment: Question 1 asked survey -takers to rank levels of agreement to the statement "Trees are important to the quality of life in Edmonds," with the highest response (74%) as strongly agree. Question 15 asked, "What are your biggest concerns for trees in Edmonds?" with the following responses: Loss of wildlife habitat (72%), Healthy mature trees removed during development (68%), Canopy loss (57%), Trees blocking my view (24%), and a range of responses under 20% concerned with debris, shade, etc. Attachments: Packet Pg. 12 8.A.a REGULATORY FRAMEWORK FOR PROPERTY OWNER TREE REMOVALS Relevant Code Section Key Code Concept Options 23.10 • Allow a maximum number of property owner tree removals atone time. (Kirkland pre - Tree removal allowances (not in current code) 2021) Issue: currently, tree removals are unlimited on developed, • OR, allow a certain number of tree removals based on the size of the property single family properties (not subdividable). (Redmond, Renton, Kenmore) N/A Issue: need to balance property owner's rights to remove trees Q; SHOULD TREE REMOVAL ALLOWANCES BE ESTABLISHED TO SLOW THE LOSS on private property with community interest in reducing canopy OF CANOPY IN EDMONDS? loss. STAFF RECOMMENDATION: YES, USING A MORE STRAIGHTFORWARD Issue: without tracking removals, the number of removals, tree NUMERICAL ALLOWANCE, SUCH AS 2 OR 3 (PER 12 MONTHS, BELOW), NO PERMIT size, etc. is unknown. The metric for tree canopy cover gain/loss REQUIRED, HOWEVER, NOTIFICATION REQUESTED TO AVOID CODE is with canopy assessments every 5-10 years. ENFORCEMENT CALLS. • 2- per 12 months (Kirkland pre-2021) Tree removal frequency (not in current code) • 5 significant trees allowed every 3 years (Bellevue) Issue: unlimited # of removals at the same time maximizes • 2 trees in 12 months and 4 trees in 24 months (Woodinville) N/A canopy cover loss. • Not more than 4 significant trees per year ... etc. (Sammamish) Issue: lack of limitations has inadvertently allowed preemptive Q; IS 12 MONTHS BETWEEN ALLOWED REMOVALS APPROPRIATE? tree removals in anticipation of development, which can result in greater canopy loss than allowed in ECDC 23.10.060 STAFF RECOMMENDATION: YES. A SIMPLE 12 MONTH CYCLE IS STRAIGHTFORWARD AND SLOWS CANOPY LOSS OVER TIME VS. CALENDAR YEAR CYCLE. Allow reasonable exceptions to exceed the maximum # of Consider exceptions to tree removal limits that don't count towards tree removal tree removal allowances (current code doesn't have allowances, such as removal of hazard or nuisance trees (Kirkland, Medina, numerical tree removal limits, but allows removal of Woodinville, others). hazard/nuisance trees without a permit) Q: WHEN SHOULD A PERMIT BE REQUIRED FOR TREE REMOVALS? N/A Issue: promote best management practices in tree care on private property. STAFF RECOMMENDATION: HAZARD OR NUISANCE TREE REMOVALS SHOULD NOT COUNT AGAINST TREE REMOVAL ALLOWANCES, SUBJECT TO REVIEW (Note 6/21/22 City Council direction for Phase 2 tree code THROUGH PERMIT PROCESS. ALSO SEE CRITICAL AREAS BELOW. amendments: consider requiring permits for all property owner tree removals.) Landmark tree definition and property owner removal • Define Landmark/Legacy/Exceptional trees by size (DBH = trunk diameter at 4.5 feet), restrictions (not in current code) (Lake Forest Park, Mercer Island, Kirkland, Snoqualmie, Redmond, etc. range from 18" DBH to 30" DBH) N/A Issue: although removals were banned under a prior moratorium, • Determine appropriate number of Landmark removals within a given timeframe (1 there is no Landmark tree definition or removal restrictions in the current code. Landmark tree removal per 12 months — Kirkland, others vary widely. Seattle prohibits Exceptional (30" DBH) tree removal. a Packet Pg. 13 8.A.a REGULATORY FRAMEWORK FOR PROPERTY OWNER TREE REMOVALS Relevant Code Section Key Code Concept Options 23.10 Issue: address incremental loss of canopy cover on private Q: SHOULD LANDMARK TREE REMOVAL BE PROHIBITED WITH THE EXCEPTION OF property in response to canopy study findings, protect ecological HAZARD OR NUISANCE TREES? functions. Q: CONSIDERING THE PRIOR LANDMARK TREE DEFINITION, IS A MINIMUM 24" DBH AN APPROPRIATE SIZE TO DEFINE TREES WITH GREATER LIMITS TO TREE (Note 6/21/22 City Council direction for Phase 2 tree code REMOVAL? amendments: restrict or prohibit Landmark tree removals). Q: SHOULD FEWER LANDMARK TREE REMOVALS BE ALLOWED? PROHIBITED EXCEPT HAZARD OR NUISANCE? Q: SHOULD MORE TIME BE REQUIRED TO LAPSE BETWEEN LANDMARK TREE REMOVALS, COMPARED TO OTHER TREES? STAFF RECOMMENDATION: ALLOW LOWER # OF >24" DBH LANDMARK REMOVALS AND/OR OVER LONGER TIME PERIOD OR PROHIBIT LANDMARK TREE REMOVAL WITH THE EXCEPTION OF HAZARD/NUISANCE TREES. Tree removal in critical areas Issue: contradictory and inconsistent code language in various . Require a permit to remove hazard/nuisance trees in critical areas (Most cities/counties, code sections results in high frequency of unauthorized tree even those without tree codes) removals in critical areas. For example, 23.40 says no tree removal in critical areas and permit is required, while 23.10.040 • Only allow hazard/nuisance tree removals in critical areas (Most cities/counties, even says no permit is required, etc. those without tree codes) 040 & 050, Issue: current code issues are directly related to numerous, • Considering adding an appeals process (Most cities/counties, even those without tree sometimes ongoing tree removal code violations in critical areas. codes) 23.40.220 Issue: Current code leads to incremental loss of canopy cover Q: SHOULD A PERMIT BE REQUIRED FOR TREE REMOVALS IN CRITICAL AREAS? due to removal of "forest patches" per canopy study findings. Q: SHOULD THE SAME TREE REMOVAL ALLOWANCES APPLY IN CRITICAL AREAS? Risks protection of ecological functions in critical areas, negative impacts to water quality and landslide hazard areas. STAFF RECOMMENDATION: PROHIBIT TREE REMOVAL IN CRITICAL AREAS WITH THE EXCEPTION OF HAZARD/NUISANCE TREES, SUBJECT TO REVIEW. PERMIT (Note 6/21/22 City Council direction for Phase 2 tree code REQUIRED. amendments includes greater restrictions on tree removals in critical areas). • Require new tree replacements based on size of removed tree (Edmonds ECDC Tree replacement requirements for property owner -removed 23.10080) 080, trees • OR, use a formula based on replacement trees per increments of removed tree trunk Issue: different, unclear replacement requirements in various diameter (1 new tree for every removed 6" trunk diameter - Woodinville). 23.40.220, code sections apply. Can be 2:1, appraised value or 1-3 new trees, depending on size of removed trees, underlying zoning, if • require tree replacements only when the number of remaining trees on the lot 20.13 critical areas are present or if multifamily/commercial reaOR, reaches a minimum threshold (Kirkland pre-2021) landscaping requirements apply. Q: WHAT ARE APPROPRIATE REPLACEMENT REQUIREMENTS FOR PROPERTY OWNER TREE REMOVALS? a Packet Pg. 14 8.A.a REGULATORY FRAMEWORK FOR PROPERTY OWNER TREE REMOVALS Relevant Code Section Key Code Concept Options 23.10 • STAFF RECOMMENDATION: REQUIRE SIMPLE 1 TO 3 NEW TREE REPLACEMENTS, BASED ON SIZE OF REMOVED TREE, SHOWN IN TABLE FORMAT. Packet Pg. 15 8.A.b MOTION PASSED UNANIMOUSLY. Chair Gladstone thanked Board Members Mitchell and Golembiewski for their work in the subcommittee. UNFINISHED BUSINESS A. Tree Code Update Phase II — Private Property Tree Removals Urban Forest Planner Deb Powers introduced this topic and reviewed background on the Tree Code. She explained that updates were made to the Tree Code in 2021 (Phase I) to achieve the goal of reducing development impacts on the urban forest. The goal of Phase II is to consider limits to property owner tree removals that are unrelated to development. Currently, tree removal is unlimited on single-family residential lots that are not subdividable. Board Member Golembiewski raised a question about lots that are developable but not subdividable. Staff explained that the current definition just relates to parcels that cannot be subdivided. Planning Manager Levitan indicated they could look into that as a potential loophole. Board Member Martini asked if being able to add an ADU in the backyard could make the lot subdividable. Staff explained it would just be a secondary use. Ms. Powers said she was seeking guidance on the maximum number of removals and the frequency. She explained how the City of Kirkland addressed this in their code. Two trees were allowed to be removed per 12 months. Hazardous and nuisance trees did not count toward this total. Under Edmonds' current code for tree removals in critical areas, there is no permit required but you would be required to submit documentation that shows it fits the hazard criteria. Usually this is done by an arborist. Chair Gladstone expressed concerns about equity because there may be people who have hazardous trees on their property but cannot afford an arborist. Ms. Powers explained that staff s recommendation is to allow over the counter approval of hazard tree removals if it is evident in a photograph. Chair Gladstone asked if there are analytics done on tree codes in other cities that show what the resulting impact is on the tree canopy. She noted that the whole point of the Tree Code is to slow down the reduction of the tree canopy when 75% of the trees are on private property. Understanding the impact of different policies would be very helpful to her. Ms. Powers explained that a canopy assessment done at regular intervals such as every five or ten years shows trends in canopy gain or loss. Not all cities do that. Kirkland had three canopy assessments in the time she was there, but they also did a boots -on -the -ground analysis of tree removals to see what was going on as well. A canopy assessment is the best way to see trends of gain or loss overall and in different specific areas. Edmonds just did a canopy assessment in 2020. Chair Gladstone said she was interested in looking at anywhere in the world where they have tried different policies and are able to show what the impact of that policy is. Ms. Powers offered to provide links for how that was done in Kirkland. She noted canopy loss is one of the reasons Council said we need to look at property owner tree removals. There has been no account of how many trees are being removed on the property owners' side of things. Requiring permits or requesting a notification of tree removals are some ways to track removals over time. Board Member Golembiewski asked what exactly they count in a canopy study. Ms. Powers explained there are different ways of doing it but they use high resolution satellite and LiDAR technology to get the highest accuracy. They subtract out water, shrubs, meadow, and use various methodologies to get the most accurate assessment. She noted that the technology is constantly changing. Planning Board Meeting Minutes April 26, 2023 Page 5 of 8 Packet Pg. 16 8.A.b Should tree removal on private property be limited? • Board Member Maxwell asked about trends they are seeing. Ms. Powers explained they have done two canopy assessments. The second one showed a slight gain from the last assessment, but the methodology was different than the first time. Also, there were losses in some areas and gains in others. • Vice Chair Tragus-Campbell expressed support for having limits on property owner tree removal. If there aren't limits there is nothing to stop someone from removing all their trees. • There was a suggestion to also look at minimum retentions such as not allowing a property owner to remove the last two trees on their property. • Board Member Maxwell agreed with establishing tree removal limits but wondered if they were trying to solve a problem that doesn't exist. He moved here eight years ago and as far as he can tell the canopy has only gotten thicker. People do cut trees down but he thought they were not cutting them down as fast as they are growing. On the other hand, he would not want the tide to turn in the other direction. Whatever they put in place should feel roughly like what they are doing now because it seems to be working in Edmonds for the tree canopy. • Board Member Golembiewski asked how many calls they get about taking trees down. Ms. Powers noted Planning gets frequent calls about tree removals and they get some calls from neighbors about enforcement issues, especially in critical areas. However, they aren't tracking tree removals in general on private property. Planning Manager Levitan explained if someone calls about tree removals on private property and there is no critical area or development happening there it is generally an allowed tree removal. He said he gets several calls a week. • Chair Gladstone commented that the challenge is that they don't know exactly how often this is happening. Without the data it is hard to know the degree of urgency and the level of restraint that is appropriate. She wondered if using a tree retention level, rather than removal allowances, with frequent assessments made over time made more sense. What are they striving for in terms of the canopy cover? What kind of loss are they trying to avoid? • Board Member Martini noted it would be nice to have two studies comparing different years that used similar methods. Ms. Powers explained the first assessment used different imagery but they still did the analysis of gains and loss. The technology will always be changing so it is not likely they will have the same methodology from one canopy assessment to another. They can still get a general idea. She noted in Kirkland, residents were allowed to take out two trees per year. There were no replacements triggered until they go to the minimum on the lot (three trees per lot). This was a simple method. • Board Member Golembiewski said she was in support of having a limitation but was in favor of valuing some sorts of trees over others. Ms. Powers noted that under the definitions anything over 6" DBH (diameter at breast height) is considered a significant tree. They aren't regulating anything under 6" DBH. If they want to define landmark trees (larger trees) they could do so. Board Member Golembiewski said she would be in favor of a larger diameter than 6 inches because there are so many landscape buffers and poorly placed trees that aren't necessarily nuisances or hazards but aren't actually providing the kind of canopy cover they are aiming for. Ms. Powers noted they could determine the exact sizes later. There appeared to be agreement that 6" DBH seemed too small to regulate. • Board Member Mitchell noted that most cities that are 100% urbanized have a code like this to establish single-family residential removal allowances. They can decide on the specificity at a later date. He commented he did not want Edmonds to turn into Innis Arden. • Planning Manager Levitan suggested they focus on landmark trees and any replacements related to that. He gave an overview of the process. • Chair Gladstone commented that the consensus seemed to be "possibly" depending on the specifics. Planning Board Meeting Minutes April 26, 2023 Page 6 of 8 Packet Pg. 17 8.A.b • Board Member Golembiewski agreed and said they agree that there needs to be a tree code for private property. They just don't know what it needs to look like. Is 12 months between allowed tree removals an appropriate length of time? • Vice Chair Tragus-Campbell said she wasn't sure about the timeframe until they knew what size tree they were talking about. • Board Member Kuehn said it depends on how many trees they are talking about for a 12-month period. Does the Planning Board feel that landmark tree removal should beprohibited? (except for hazard or nuisance trees) Is minimum 24 " DBH an appropriate landmark tree size? Should landmark tree removal be limited more than smaller trees? Should time between landmark tree removals be longer than what's allowed for smaller trees? • There was general consensus for limiting the removal of landmark trees. • Board Member Maxwell said 24" DBH is a sizeable tree but not what he would consider landmark. He thought 36" DBH was more appropriate. Other board members thought 24" DBH was appropriate. • Chair Gladstone said regardless of what size they establish for a landmark tree she would still be more inclined to go with limited (not prohibited) removals. It should be based on limited frequency or limited per area (based on geographic location, etc.). She doesn't think an out-and-out prohibition would be accepted politically. • Board Member Mitchell asked about the frequency of canopy assessments. Ms. Powers explained it is every five to ten years as resources allow. Chair Gladstone noted that this frequency does not allow for much nimbleness in response. Ms. Powers agreed but noted that canopy assessments done more frequently than every five years wouldn't show changes in a way that shows a trend. • Board Member Golembiewski thought that a notification procedure for larger trees would be a useful metric for shorter term monitoring. She thinks that the general community consensus when they are thinking about tree loss is the 24" DBH and above size. She doesn't think people are concerned about taking out a 12" DBH fruit tree or other decorative landscaping tree. • Chair Gladstone recommended that, as they move forward, staff provide photos depicting what they are talking about because it is difficult to visualize. • Board Member Maxwell said he was fine with limiting 24" DBH and larger trees. He is supportive of prohibiting removal of larger trees such as 36" DBH. Planning Manager Levitan noted that some cities have larger trees designated as heritage trees. • Ms. Powers commented that they are looking for a healthy, sustainable urban forest. They are making decisions now for 20 years from now. This is important to keep in mind for the future. A healthy, sustainable urban forest has diversity not only in species but in age and size. • There was discussion about a desire to preserve certain species of trees over others. Ms. Powers cautioned against this and suggested instead they list things they don't care about because they are invasive, noxious, or weed trees. Board Member Maxwell suggested looking at native versus not native. Ms. Powers commented that because of climate change they need to rethink this. When they think of native, they are thinking of what was native 200 years ago, but this has changed. Should a permit be required for tree removals in critical areas? • Ms. Powers noted that in the public survey there was a lot of support for limiting tree removal in critical areas. The current code is confusing on this topic. • There was consensus that a permit should be required for tree removals in critical areas. Planning Board Meeting Minutes April 26, 2023 Page 7 of 8 Packet Pg. 18 8.A.b Should the same tree removal allowances (as outside of critical areas) apply in critical areas. • Chair Gladstone commented that it would depend on what the allowances are and how generous they are. Overall, she thought they should be more restrictive in critical areas. • Board Member Maxwell commented that critical areas affect the safety of people who are downhill. He doesn't think it should be the same allowance because they don't want to set up a mudslide for downhill neighbors. Ms. Powers noted that most cities that don't even have a tree code have limitations to tree removal in critical areas. With the exception of hazard and nuisance trees, should tree removal in critical areas (steep slopes, wetland buffers, stream buffers) be prohibited? • Board Member Golembiewski said they should be prohibited without a permit. • Chair Gladstone asked about the difference between hazardous and nuisance trees. Ms. Powers explained that a hazardous tree is a tree that has a defect or disease that predisposes it to failure. A nuisance tree is a tree that is causing significant physical damage, and whatever that nuisance is cannot be mediated by reasonable practices or procedures. There was discussion about the need to take a photo of the tree or provide some sort of documentation and justification for removing trees in critical areas. Vice Chair Tragus-Campbell said she was in favor of heavier restrictions, especially for larger trees and especially in critical areas because of the importance of preserving habitat and preventing landslides. She is also in support of possibly having a larger size than 6" DBH being regulated. She thought 8-10" DBH would be a good starting point. NEW BUSINESS A. Potential Parkland Acquisition: Hurst Property (continued to a future meeting TBD) PLANNING BOARD EXTENDED AGENDA Planning Manager Levitan noted there are a couple joint meetings proposed in June. Staff is proposing to invite the Tree Board to this meeting on June 14 to discuss the Tree Code. They are also looking at having a joint workshop with the City Council on some of the current housing -related topics at 6:00 preceding the June 14 meeting. Board members expressed concern that this could be too much for that meeting. Planning Manager Levitan will continue to look at alternatives. He added that Multifamily Design Standards is a potential topic for a separate joint meeting with the Architectural Design Board. None PLANNING BOARD MEMBER COMMENTS None ADJOURNMENT: The meeting was adjourned at 9:27 p.m. Planning Board Meeting Minutes April 26, 2023 Page 8 of 8 Packet Pg. 19 REGULATORY FRAMEWORK - PROPERTY OWNER TREE REMOVALS 8.A.c ISSUES OPTIONS SAMPLE CODE REWRITE 1. Should property owner tree removals be limited in Edmonds? Key Code Concept: Allow a maximum number of property owner tree removals that may occur at once (not in current code) • Allow a certain number of tree removals under a notification process (Kirkland pre-2021), • Current code allows unlimited tree removals on developed SF, MF, COMM or... properties (where no critical areas are present). • Allow a certain number of tree removals based on the size of the property (Redmond, Note code defines "significant" tree as minimum 6" DBH (CURRENT) • On SF properties, tree replanting does not occur. Renton, Kenmore, Kirkland presently) Define size of tree applicable to property owner tree removals at minimum • The number and size of property owner tree removals is unknown. Staff recommendation: use a simple numerical allowance administered through an over- 12" DBH up to 24" DBH (see 4 below) as "regulated" tree (NEW). • The metric for tree canopycover gain/loss is with canopy assessments eve g py every the -counter notification process to check for critical areas No permit required, notification request avoids unnecessary code enforcement response. Any private property owner of developed property may remove up to 3 5-10 years. Note that gains in tree canopy outpaced losses by a very small regulated trees within [x] period with the submittal of a Tree Removal amount between 2015 and 2020.' PLANNING BOARD DIRECTION 4/26/23: ESTABLISH TREE REMOVAL ALLOWANCES Notification form (NEW). • Balance property owner's rights to remove trees on private property with FOR (UNDETERMINED NUMBER) TREE REMOVALS THAT MAY OCCUR AT ONE community interest in reducing canopy loss. TIME, APPLICABLE TO LARGER TREES WITH A MINIMUM 12" DBH. GENERAL SUPPORT FOR A NOTIFICATION PROCESS. 2. Is 12 months between allowed removals an appropriate time span? Key Code Concept: Frequency of allowed tree removals (not in current code) • Consider "2- per" tree removal allowance per 12 months (Kirkland pre-2021), or... • 5 significant trees allowed every 3 years (Bellevue) • Unlimited number of tree removals at the same time results in greater incremental canopy cover Ioss.2 2 trees in 12 months and 4 trees in 24 months Woodinville (Woodinville) Any private property owner of developed property may remove up to 3 • In some cases, unlimited SF removals inadvertently allowed preemptive tree • Not more than 4 significant trees per year (Sammamish) regulated trees within a 12-month period with the submittal of a Tree removals in anticipation of development, resulting in greater canopy loss than Staff recommendation: opt for simplicity and streamlined submittal/review; use a single Removal Notification form (NEW). allowed in the current development code provisions. numerical allowance such as 3 per 12 months. PLANNING BOARD DIRECTION 4/26/23: UNDETERMINED RATE OF FREQUENCY BETWEEN ALLOWED REMOVAL OF TREES WITH A MINIMUM 12" DBH. 3. When should a permit be required for property owner tree removals? Key Code Concept: Clarify permit requirements (in the current code) and identify reasonable exceptions to tree removal allowances (not in current code) • Clarify when a permit is currently required for MF, COMM properties (for review of landscaping/buffer requirements per ECDC 20.13), vacant and subdividable properties. 23.10.040-,� Tree Removal Not Associated with Development • Current code uses excessive exemption language with double negatives • Consider hazard or nuisance tree removals as exceptions to tree removal allowances Any private property owner of developed property may remove up to 3 such as "exceptions to exemptions" across multiple code sections, making it (Kirkland, Medina, Woodinville, others). regulated trees within a 12-month period with the submittal of a Tree difficult to understand when a permit is required (ECDC 23.10.030-060). Staff recommendation: Restructure code to reduce exemption language and clearly define Removal Notification form. (NEW). • Current permit requirements for MF/COMM properties, critical areas, vacant what IS allowed, versus what's NOT. Do not count hazard/nuisance tree removals against The following activities shall require a Tree Removal Permit. The proposed lots, subdividable properties, etc. are unclear (ECDC 23.10.040-050, the number of allowed tree removals. removal of: 23.40.220.C). PLANNING BOARD DIRECTION 4/26/23: A PERMIT SHOULD BE REQUIRED TO • Hazard or nuisance trees that exceed allowances (NEW) • Best management practices for tree care may be encouraged by not counting EXCEED TREE REMOVAL ALLOWANCES WITH HAZARD/NUISANCE TREES AND • Trees located on commercial and multi -family -zoned properties hazard and nuisance tree removals with number of allowed tree removals. FOR CRITICAL AREA TREE REMOVALS (SEE 5 BELOW). (CURRENT) (Note 6/21/22 City Council direction for Phase 2 tree code amendments: consider requiring • Trees located on vacant lots and/or subdividable properties (CURRENT). permits for all property owner tree removals.) 1 Edmonds 2015-2020 Tree Canopy Assessment, Findings p. 3. 2 "The vast majority of tree canopy cover and gains/loss occurred on residential lands." Edmonds 2015-2020 Tree Canopy Assessment, Findings p. 3. Packet Pg. 20 REGULATORY FRAMEWORK - PROPERTY OWNER TREE REMOVALS 8.A.c ISSUES OPTIONS 4. Should Landmark (large, mature) trees be regulated in the same manner as smaller trees? Key Code Concept: Landmark tree definition and removal restrictions (not in current code) • Although Landmark tree removals were banned under a prior moratorium, there is no Landmark tree definition or removal restrictions in the current code. • Address incremental loss of canopy cover on private property in response to canopy study findings, protect ecological functions.3 • Define Landmark/Legacy/Exceptional trees by trunk size/DBH - diameter at 4.5 feet. (Lake Forest Park, Mercer Island, Kirkland, Snoqualmie, Redmond range in size from 18" DBH to 30" DBH). • Note that the prior moratorium defined Landmark trees as 24" DBH, which has become familiar to residents based on removal inquiries. • Determine appropriate number of Landmark removals within a given timeframe (1 Landmark tree removal per 12 months - Kirkland, others vary widely. Seattle prohibits Exceptional (30" DBH) tree removal. Staff recommendation: limit landmark tree removal to hazard or nuisance trees, require a permit for review of the latter. SAMPLE CODE REWRITE Define Landmark trees measuring minimum 24" DBH (NEW) AND Any private property owner of developed property may remove up to 3 regulated trees within a 12-month period or 1 Landmark tree within a 24- month period with the submittal of a Tree Removal Notification form (NEW) OR The following activities shall require a Tree Removal Permit. The proposed removal of.- * Hazard or nuisance trees that exceed allowances (NEW) PLANNING BOARD DIRECTION 4/26/23: GENERAL SUPPORT TO DEFINE LANDMARK TREES AS 24" DBH. ALLOW FEWER (UNDETERMINED NUMBER/LANDMARK) TREE • Trees located on commercial and multi -family -zoned properties REMOVALS AT ONCE, OVER A GREATER TIME PERIOD (UNDETERMINED (CURRENT) FREQUENCY/LANDMARK) THAN SMALLER TREES. • Trees located on vacant lots and/or subdividable properties (CURRENT) (Note 6/21/22 City Council direction for Phase 2 tree code amendments: prohibit Landmark . The removal of Landmark Trees (NEW) tree removals). 5. Should the same tree removal allowances apply in critical areas? Key Code Concept: Prohibit healthy, significant tree removal in critical areas The following activities shall require a Tree Removal Permit. The proposed • Contradictory and inconsistent code language in various code sections • Limit the removal of trees in critical areas to hazard/nuisance trees through a permit removal of. - results in high frequency of unauthorized tree removals in critical areas. For process (Most cities/counties, even those without tree codes) example, 23.40 says no tree removal in critical areas and permit is required, • Hazard or nuisance trees that exceed allowances (NEW) while 23.10.040 says no permit is required, etc. Consider adding an appeals process y p q Trees located on commercial and multi -family -zoned properties • Current code issues are directly related to numerous, sometimes ongoing Staff recommendation: prohibit tree removal in critical areas with the exception of (CURRENT) tree removal code violations in critical areas. hazard/nuisance trees, subject to review. permit required. • Trees located on vacant lots and/or subdividable properties (CURRENT). • Current code leads to incremental loss of canopycover due to removal of PLANNING BOARD DIRECTION 4/26/23: REQUIRE A PERMIT FOR THE REMOVAL OF HAZARD/NUISANCE TREES IN CRITICAL AREAS. The removal of Landmark Trees? (NEW) "forest patches" per canopy study findings. Risks protection of ecological functions in critical areas, negative impacts to water quality and landslide (Note 6/21/22 City Council direction for Phase 2 tree code amendments includes greater • Trees located in wetlands, streams and associated buffers, high hazard areas. restrictions on tree removals in critical areas). landslide%rosion hazard areas and slopes greater than 25% that qualify as hazard or nuisance trees 6. What are appropriate replacement requirements for property owner -removed trees? Key Code Concept: Tree replacement requirements for property owner tree removals • Multiple tree replacement requirements that apply to both development scenarios and property owner tree removals, in narrative format spread over different code sections, are confusing. • Different replacement requirements in various code sections apply. Can be 2:1, appraised value or 1-3 new trees, depending on size of removed trees, underlying zoning, if critical areas are present or if multifamily/commercial landscaping requirements apply (ECDC 23.10.060-080, 20.13, 23.40). • Require new tree replacements based on size of removed tree (ECDC 23.10080) • OR, use a formula based on replacement trees per increments of removed tree trunk diameter (1 new tree for every removed 6" trunk diameter - Woodinville). • OR, require tree replacements only when the number of remaining trees on the lot reaches a minimum threshold (Kirkland pre-2021) Staff recommendation: Require simple 1 to 3 new tree replacements, based on size of removed tree, shown in table format. PLANNING BOARD DIRECTION 4/26/23: UNDETERMINED TREE REPLACEMENT REQUIREMENTS Each significant viable tree to be removed shall be replaced as follows: Removed Tree DBH Required Replacements 6 to 40 12" 1 4n�04—'12.1to18" 2 444-�"18.1"+ 3 Less than 3 existing trees on site 3 trees per 8, 000 sq. ft. lot area "'Most canopy gains came from incremental growth of existing trees, highlighting the importance of preservation efforts." Edmonds 2015-2020 Tree Canopy Assessment, Findings p. 3. Packet Pg. 21 REGULATORY FRAMEWORK - PROPERTY OWNER TREE REMOVALS 8.A.c Packet Pg. 22 8.A.d Attachment - Requested Information • How many calls or emails does staff field related to property owner tree removals? Planning and Development staff estimated that a combined 10-12 calls, counter visit questions, online inquiries and emails are fielded each week inquiring about property owner tree removals, not including code enforcement issues. The top inquiries are asking if Landmark tree removals are (still) limited, whether a permit is required, or if the property has critical areas or any other limitations to tree removals. What were the analysis findings in Edmonds' tree canopy assessment? See below for general findings or for the full report. Note that the city-wide overall tree canopy cover was assessed at 34.6% in 2020. Over 162 acres of tree canopy cover had been removed from 2015 to 2020 but the losses were offset by 180 acres of new growth, or 0.9% relative change in tree canopy cover. Packet Pg. 23 8.A.d Attachment - Requested Information • What is the City striving for in terms of the canopy cover? What kind of loss is the City trying to avoid? Edmonds has not adopted a city-wide overall canopy cover goal. Goal 1B in the Urban Forest Management Plan states the need to "adopt a policy goal of no net loss to overall tree canopy...". Recognizing the importance of a specific, quantifiable metric to measure canopy cover and gauge efforts in maintaining and enhancing canopy cover over time, the Planning Division will be establishing an overall canopy cover policy goal with the upcoming Comprehensive Plan updates. Because canopy assessments are done on a periodic basis every 5-10 years, it's prudent to strive towards canopy gains where and when possible, as incremental canopy loss in any given area may take up to ten years to reverse by replanting alone. Some cities establish a tolerance threshold for canopy loss by comparing canopy loss acreage to park size. In this last canopy cycle, Edmonds lost a total of 162.4 acres of canopy cover. The City webpage indicates there are a total of 230 acres of parks in Edmonds — so by comparison, about half of all park acreage in Edmonds in canopy cover was lost between 2015-2020. Packet Pg. 24 TREE CODE AMENDMENT PROJECT: PUBLIC ENGAGEMENT CITY OF EDMON DS, WA JUNE2023 /PlaniTGeo" developers of TreePlotter 8.A.e TABLE OF CONTENTS ProjectOverview...............................................................................................................................................3 Purpose..........................................................................................................................................................................................3 DesiredOutcomes.................................................................................................................................................................4 Edmonds' Tree Code Background...............................................................................................................................5 Tree Code Amendment Project Timeline...............................................................................................................5 Manuals, Guides, and Forms............................................................................................................................................5 EngagementStrategies & Results.............................................................................................................6 CityWebpage Content and Email................................................................................................................................6 SocialMedia Campaigns.....................................................................................................................................................6 PublicMeetings........................................................................................................................................................................7 FocusGroups...........................................................................................................................................................................12 PublicSurvey Results..........................................................................................................................................................IS Incorporatingthe Input................................................................................................................................20 Tree Ordinance Checklist Framework....................................................................................................................20 Credential...................................................................................................................................................................................21 Maintenance............................................................................................................................................................................22 Management...........................................................................................................................................................................22 Planting......................................................................................................................................................................................23 Preservation.............................................................................................................................................................................24 Planting......................................................................................................................................................................................26 Attachments...................................................................................................................................................... 27 A. Community Outreach and Engagement Strategy................................................................................27 B. Public Meeting Report#1.......................................................................................................................................27 C. Public Meeting Report#2......................................................................................................................................27 D. Focus Group#1..............................................................................................................................................................27 E. Focus Group#2............................................................................................................................................................27 F. Focus Group#3............................................................................................................................................................27 G. Public Survey Results................................................................................................................................................27 City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 26 8.A.e PROJECT OVERVIEW The City of Edmonds' Tree Code Amendment project represents an important step in protecting, understanding, and managing the urban forest. This project used a planning approach consisting of extensive research and reviews of existing code and documents and a public outreach strategy to gather public input and shape ordinance development. Edmonds' tree code, Chapter 23.10 ECDC was adopted in 2021 to primarily protect trees with development and to achieve Urban Forestry Management Plan Goal 1A. It was recognized that limitations on property owner tree removals could be considered at a future date. The scope of the 2022-2023 Tree Code Amendment Project ("project") is to consider limitations to property owner tree removals and to further clarify and simplify the existing development - related code with minor code changes. PURPOSE The purpose of this Strategy is to ensure the 2022-2023 tree code amendment process aligns with the City's Equitable Engagement Framework in identifying the community's preferred solutions for property owner tree removals in Edmonds. This Strategy ensures the community has full access to information and opportunities to propose ideas for collective solutions related to private property tree removal in Edmonds. The resulting community input will support City board and council decision -making by providing a thorough understanding of how those decisions might impact the public. City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 27 DESIRED OUTCOMES Gather Community Input with Robust Engagement The City of Edmonds recognizes the value of community -driven decision -making. Using the Edmonds Equitable Engagement Framework, this project invites community members, developers, business owners, landscapers, utilities, and tree care professionals participate in discussing Edmonds' tree regulations. This project seeks to reflect the broader community's goals and vision for a healthy, sustainable urban forest. Clarify and Simplify the Existing Development -Related Tree Codes Chapter 23.70 Tree Related Regulations of the Edmonds municipal code was adopted in 2021 to primarily protect trees with development and to achieve Urban Forestry Management Plan Goal IA. Since its adoption, various opportunities for improvement have been identified that will clarify and simplify the code language without changing the meaning. This project seeks to identify and discuss these minor amendments to the code relating to tree removal associated with development. Consider Limitations on Tree Removal Not Associated with Development Chapter 23.70 Tree Related Regulations currently exempts developed single-family properties from tree removal requirements, except for critical areas or their associated buffers. This project seeks to consider varying levels of limitations on tree removal 40 for developed properties, and to generate healthy discussion with stakeholders and community members around potential recommendations to amend Chapter 23.70. City of Edmonds, WA Tree Code Amendment Project 2023 8.A.e Packet Pg. 28 8.A.e EDMONDS' TREE CODE BACKGROUND In recent years, momentum for urban forestry has resulted in great progress for the Edmonds community leading up to this Tree Code Amendment Project. A summary of significant milestones is included below. Urban Forest Goal lA reads: Update tree regulations to reduce clearcutting Management or other development impacts on the urban forest and to Plan consider changes to tree replacement requirements and penalties for code violations. Code updated to reflect Goal lA of the UFMP. The City Tree Code Council and the Planning Board recognized that in addition Update to retaining and planting trees with development, regulations to limit tree removal not associated with development could be considered at a future date. Canopy This assessment is guides canopy -enhancing strategies such as tree planting programs, public education, and tree code Assessment updates. Tree Code Process to engage the community for guidance on clarifying Amendment and simplifying the existing development -related tree codes, Project and considering limitations on tree removal not associated with development. TREE CODE AMENDMENT PROJECT TIMELINE 0 0 DIGITAL PUBLIC PROJECT OUTREACH OUTREACH MEETINGS AND ENGAGEMENT KICKOFF STRATEGY (SURVEY AND FOCUS ANALYSIS DEVELOPMENT SOCIAL MEDIA) GROUPS DEC 2022 JAN-FEB 2023 MAR -MAY 2023 MAR -MAY 2023 JUN E 2023 MANUALS, GUIDES, AND FORMS Should the Edmonds City Council adopt any Tree Code Amendments, City Staff will need to update all existing manuals, guides, and forms that reference outdated tree and landscape codes. New guides should be easily understood by staff in any City Department and any resident of Edmonds. Often, permit application forms need to be created or heavily modified upon adoption of new tree -related regulations so that the process is streamlined. City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 29 8.A.e ENGAGEMENT STRATEGIES & RESULTS A Community Outreach and Engagement Strategy (Attachment A) was developed to ensure that the 2022-2023 tree code amendment process aligns with the City's Equitable Engagement Framework in identifying the community's preferred solutions for the project objectives. With this Strategy, the community is given access to information and opportunities to propose ideas for collaborate solutions related to private property tree removal in Edmonds. The community input will support City Planning Board and Council decision -making by providing a thorough understanding of how those decisions might impact the public. A summary the engagement strategies and their results are included in this section. CITY WEBPAGE CONTENT AND EMAIL Project -related content was made available to the public on the City's website on the following webpage: https://www.edmondswa.goy/treecodeupdates. This site informs the public on the purpose, process, and importance of updating the code, and was updated periodically with progress updates. The content introduces residents to the importance of trees and their benefits, and that enhancing tree protection can combat climate change, strengthen community resilience and public health and address issues identified in the canopy assessment. The project webpage provided links to engagement opportunities such as the community survey, upcoming events, and public meetings. An email account trees(d)edmondswa.gov was created for community members to receive project updates. SOCIAL MEDIA CAMPAIGNS The City of Edmonds used social media messaging to inform the public of engagement opportunities at key project intervals. The posts were provided in English, Chinese, Korean, and Spanish to avoid barriers to engagement. City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 30 8.A.e PUBLIC MEETINGS This City of Edmonds hosted two public meetings to gather public input on tree code amendments. The meetings were held in a hybrid format, using the interactive and intuitive webinar platform, Zoom, which allowed the City to provide similar opportunities for engagement between in -person attendees and virtual attendees. The meetings were recorded and made available on the City's website. r— r bi Community Conversation #1 s The first meeting began with an educational presentation by City staff and was followed by live polling using Mentimeter and breakout group discussions. The presentation at this meeting informed residents of the tree code update purpose, approach, and opportunities to engage. The live polling results are included below, and the full event report is included at Attachment B. Q1: How many trees are on the property where you live? Answer Option 0 trees Votes 0 1-2 trees 3 3-4 trees 3 5+ trees 13 3 3 0 1.2 3-4 5+ Q2: How familiar are you with the current tree code? s 8 Not FamiliarAtAll Somewhat Familiar: I AO-d it when I removed or planted a tree !!t Very Familiar:I reference it professionally anchor often City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 31 8.A.e Q3: How would you describe the current tree code? Answer Option I'm not sure V• - S Too lax 6 Just right 1 Too strict 10 Q4: How important are these tree code themes to you? Answer Option Score Equitable tree canopy cover 4 Tree protection during 4.3 construction (fence, signage) Tree removal (when, where, 4.8 which types) There shouldn't be any codes S.1 for private property Tree plantings (require with S new development) Replant trees after removal 3.8 I'm Not Su Too La; • Just Right • Too Strict Equitable tree canopy over Tree protection durin_Wnstruction (fence, signage) Q .pr aTree removal (when, wherewhich types) 49 LThere shouldn't be any tree nodes for private property z I Tree plantings (require with,&ew development) Replant trees after rf.Lnoval 0 0 Q E a� E 2 w Community Conversation #2 The second public meeting was informed by the first public meeting, the survey results from City staff and stakeholder groups including the Edmonds Citizen's Tree Board, data analyses, and other key findings from planning tasks. Attendees were provided multiple opportunities to provide input during this hybrid meeting. The following feedback was received during breakout groups and the Zoom chat. When possible, this feedback has been categorized using the Tree Ordinance Checklist Framework to prepare for potential tree code recommendations. City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 32 8.A.e Breakout Groups In this hybrid meeting format, breakout groups were held both in person and virtually. Code - related comments from all breakout rooms were organized and categorized in the summary charts below. The full transcripts of the breakout group notes are included in the meeting report as Attachment C. Removal,Tree .Development Question 1: Does the City have a role in limiting property owner tree removals?l Ordinance Checklist Comment Category If the tree is a hazard, you should be able to cut it down Preservation Require prop owner to hire an arborist, but not get a permit Credential Over-the-counter removal process Management Establish tracking system to know how many trees are Management removed vs planted Specify types of trees which are better for mitigation (i.e. Planting deciduous vs conifer) There should be notification of tree removal permits to Management surrounding neighbors Removal,Tree .Development Question 2: What's the one thing you'd change about the current code related . private property tree - Ordinance Comment Checklist Category Allow property owners to maintain viewsheds Maintenance Establish different regs for "The Bowl" (e.g. overlay district) Management Clarify critical areas regs Preservation Include liabilities when landslides occur after tree removals. Management Require public notice to surrounding property owners Management Require Geotech assessment. Management Establish critical area public education program Other Invasives should not be allowed - push for natives Maintenance Climate adaptation (doug firs not adaptive) Maintenance Switch from regulating trees to regulating property Management Protection for larger trees 30" DBH Preservation Enforcement needs improvement Management Require replanting in commercial development (Clarify in CPA) Planting Surface H2O fear - decreased fee structure for tree retention. (Tax incentives) Preservation Require the city to notice that they are doing removal and why Management Educate the public on the importance of preserving trees because they are multi -generational entities Other City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 33 8.A.e Responsibility needs to be on an arborist or someone for Credential knowing the proper code and way to take the trees down. Some kind of mechanism knowing the proper removal steps and ensuring they are followed Tree Removal, No Development Question 3: Should anyone be required to plant replacement trees when trees - removed on private ..- Comment Ordinance Checklist Category City shouldn't sayyes/no on removal, but should have a say Planting in the replant requirement Mitigation should be same for same species type (i.e. Planting deciduous: deciduous and evergreen : evergreen) Provide notification of trees removed (not a permit - no Management cost - no ability for the City to say "no") Replacement should consider the size of the tree being Planting removed in order to get the same ecological benefits With Edmonds turning over like hotcakes, trees are cut Preservation without much consideration with consideration to the overall impact they have on the homeowner and other residents. Trees are not respected for their benefits over time, they are multi -generational. Concerned that the developers/private property owners are Preservation approved to cut down huge swaths of 100 yo forests and then are able to "replant" which does not support the MAJOR biodiversity is lost Recommendation: If there is a clear code and neighbors Other know what it is ... they can help to enforce Tree Removal, With Development Question 1: Does the City have a role in requiring tree retention with development? Replanting? Assessing fees in lieu? Ordinance Checklist Comment Category Fees should be used for tree planting Planting Retention should be #1 focus Preservation Dislike fees in lieu - no cap on amount Management Provide a basic framework but let developers be the Credential experts on site design Planting requirements, no penalties Planting Tree diversity Planting Incentives to retain trees (esp drainage) Preservation City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 34 8.A.e Replanting - penalties Planting Incentives over penalties (e.g. "developers must use 10% for Preservation network in Seattle" 10% tree limitation Carrots over sticks - development incentives Preservation Gather data on replacement, planting, preservation, etc. for Management the urban forest Fees should be much higher than they are now Management The diameter classes do not capture the whole ecosystem Preservation cost, so either lowering the DBH threshold or increasing the costs with these because the other factors involved would prefer to make it more difficult to cut down old Preservation growth or second growth rather than the payout. Tree Removal, With Development Question 2: What's the one thing you'd change about the current tree code related to development? Ordinance Checklist Comment Category Clarify it. Other Increase tree planting in commercial properties Planting Weak/confusing and needs revision Other Ensure equity in fees so replacement are throughout Planting Edmonds Overly complicated Other Tree Removal, With Development Question 3: Should certain trees (landmark, trees in critical areas, etc.) have a higher degree of protection on development sites? Ordinance Checklist Comment Category Property of concern - on Shell Creek by Theatre - City owns Preservation property on other side of the creek, but this property is up for development (asking for variance, which we don't think they'll get). How is this possible? Don't want any development in certain types of critical Preservation a reas. Landmark trees = Cultural significance to community (e.g. Preservation Monkey puzzle tree) Prefer incentives as opposed to regulations Preservation Use fees/fund for land acquisition Management Area of concern - Perraville development concerns Preservation Consider other development styles that preserve more land Preservation Natives and trees in critical areas Preservation City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 35 8.A.e Get away from single tree protection, but a whole Preservation ecosystem protection and do a pocket or a larger landmass protection for biodiversity. Change the name from tree code to forest code FOCUS GROUPS As a part of the Tree Code Amendment Project's Community Engagement Strategy, a series of focus group sessions were scheduled to hear perspectives and ideas from various interest groups about potential updates and amendments to the tree code. City staff sent out invitations with the following stakeholder groups in mind: • Developers • Arborists • Environmental sciences • Tree preservation advocacy • Climate action • Underserved and underrepresented Under the guidance provided in the "Collaborative" Level of Engagement per the Equitable Engagement Framework, these groups were identified to provide advice and innovation in creating solutions so that decision -makers (Planning Board, City Council) may incorporate their advice and recommendations into the decisions to the maximum extent possible. The three facilitated stakeholder meetings were held with two main objectives in mind: 1) Understand how trees are currently regulated in Edmonds and 2) Develop partnerships with advisory boards and community groups that can provide input on alternatives 4Fna"d ES WO I KPpRT LWO `SdR`I f- -RES DES ►,vWL�Uf�, 1R Ma'- 4f.� YF�"a6^e_TS� �Pt.�A�iCI(5, G1+� �EE�Sram[ -�oTFC.`[Ep TRH Nt+ocEC}E V L ilY�E� ld;�l'�'T KKIFPA, NAP.r F� `.�'�:- � 'af✓j?�oR��4 �1 (may. / �j` [f] �5+ llil/J����/iG !1 IlV4�ll4� r�V•R.Y i.if qhE "'� ��`. :, 1L' ll7fj Wv ca,r�a; 4FT lx* TEE'rnV pig i�;� w�wc �.+..•�'�! and identify preferred solutions related to tree code amendment decisions. Focus Group #1 Developers, arborists, and community members involved in development -related activity were included in the first focus group meeting. Five people attended virtually and five attended in person at Edmonds City Hall. The following questions were asked to guide the conversation and collect meaningful feedback. A full report is included as Attachment D.: City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 36 8.A.e 1) What challenges have you experienced working with the tree code? 2) Conversely, what works well with Edmonds' tree code? 3) What incentiveswould you consider to achieve greater tree retention, while developing the site to its maximum potential? Can you point to any examples from other cities? 4) Based on your work within the region, when considering development sequencing (from feasibility to final inspection/bonding), what tree code requirements, design review processes, on -site tree protection methods, maintenance plans, etc. Should Edmonds consider? S) Tree removal replacements: what replanting standards are you most in favor of? Focus Group #2 The Edmonds Tree Board participated in the second focus group meeting to gather input from these subject matter experts who have been involved with Edmonds' urban forest for years. The Tree Board discussed the focus questions at great length and while consensus was not achieved for each question, the discussion which is outlined in Attachment E provides great value to the Tree Code Amendment Project process. Tree Removal In -Person Answers Follow -Up Survey With or Without Question Development (Yes/No/Undecided) (Yes/No/Undecided) Without Should property owner tree Undecided Yes - 3 removals be limited to help slow No - 0 the loss of canopy? Undecided - 0 Without Should property owners be Yes (3) / Undecided Yes - 3 allowed to remove x number of No - 0 trees (within a certain Undecided - 0 timeframe)? Without Is12 months adequate between Undecided Yes-1 allowed removals? No-1 Undecided -1 Without Should "Landmark" tree be Yes Yes - 3 defined as minimum 24" DBH? No - 0 Unclear-0 Without Should "Landmark" tree removals Yes, limited Yes-3 be prohibited? Limited? (Except No - 0 hazard or nuisance trees) Unclear - 0 Without Should the time between Undecided Yes - 2 "Landmark" tree removals be No - 0 longer than what's allowed for Undecided -1 smaller trees? Without Should the same tree removal Yes/ Undecided Yes - 0 allowances apply in critical areas? No-3 Undecided - 0 Without Should a permit be required for Undecided Yes-3 tree removals in critical areas? No - 0 Undecided - 0 Without What are appropriate tree Yes/ Undecided Freeform replacement requirements for City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 37 8.A.e Tree Removal In Answers Follow Survey With or Without Question -Person -Up Development (Yes/No/Undecided) (Yes/No/Undecided property owner tree removals in Edmonds? With Should the code be reorganized Yes Yes - 3 using charts and graphics? No - 0 Undecided - 0 With Should the code use one Undecided Yes - 3 method/calculation to determine No - 0 the minimum number of trees Undecided - 0 required to be retained/replanted? With Should the code prioritize Yes/ Undecided Yes - 3 replanting over requiring fees in No - 0 lieu, such as with Landmark tree Undecided - 0 replacements? With Should the $2 per square foot Undecided Yes -1 "cap" eliminated from the code? No-1 Undecided -1 With Should the 25% tree retention Undecided Yes -1 threshold that applies to No-1 multifamily development be Undecided -1 removed from the code? With Should the Conservation Undecided Yes - 3 Subdivision code section specify No - 0 a quantity for "greater tree Undecided - 0 retention"? With Should the "priorities and Undecided Yes - 2 procedures" section include No - 0 specific qualitative retention Undecided -1 criteria vs quantitative "quotas"? With Should Landmark trees have a Undecided Yes - 3 higher degree of protection No - 0 requirements than other trees? Undecided - 0 With Should groves have a higher Undecided Yes-3 degree of protection No - 0 requirements than other trees? Undecided - 0 With What's the one thing you would Undecided Freeform change with the existing code? With What are some ways that Undecided Freeform Edmonds' tree code could be improved? Focus Group #3 A third Focus Group was hosted by City Staff for City Staff to inform the Tree Code Amendment Project process. A full summary of the discussion is included as Attachment F. City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 38 8.A.e PUBLIC SURVEY RESULTS A public survey was developed with questions to gauge community members' understanding of the urban forest and their sentiment on regulating tree removal on private property and in critical habitats. The surveywas accessible to the public from March 28- May26, 2023 on City's project webpage, in social media posts, and in news releases. Public survey progress reports were made available for the second community conversation meeting, stakeholder meetings and Planning Board meetings. A total of 230 responses were received (229 online, 1 paper). A summary of the results is included below, and the detailed Final Results Report is included as Attachment G. Summary of Results The responses reflect a well-rounded urban forest, with responders acknowledging that forested areas and City parks are thought of first in considering Edmond's urban forest. Results reflected a focus on publicly maintained trees, whereas in reality the majority of urban trees are located on residential property. Summary of Results The majority of respondents (43%) rated their awareness of the tree code as "somewhat familiar," 29% were not familiar with the code at all, 16% were very familiar, and 12% had a different level of familiarity. This information was vital in understanding that additional education about the tree code would be beneficial for the Edmonds community. Parking Lot Trees 18% Trees in my Yard 16% Street Trees 20% Other 2% Other 12%, Very familiar: I reference it professionally and/orb often 16% Somewhat familiar: I used it when I removed or planted a tree 43% ­sted Areas 23% City Parks 21% Not familiar at all 29% City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 39 Summary of Results The majority of respondents (29%) did not feel comfortable expressing an opinion because they felt they were not familiar enough with the tree code. Those who did respond mostly felt that the code was too lax/flexible (2S%), 17% felt it is too strict, and 14% thought it is confusing. These results help the City understand that the participants are divided in their opinions, but that the majority would say the code is too relaxed or flexible and would therefore Other, 8% I'm not familiar enough to say, 29% Confusing, 14%J 'flexible, 25% Just right, 7% Too strict, 17% be open to stricter regulations. With such a high percentage of participants expressing confusion (14%), additional education is necessary in Edmonds. Summary of Results Most participants responded that large and mature trees should have greater levels of protection (26%). 22% of respondents stated that people should be able to remove trees on their property if they want or need to. This sentiment was consistent throughout the project's engagement for a significant number of those engaged in this project. Other 20% Save some trees when occurs 13% Large/mature trees snouia have greater levels of protection 26% Limit the number of trees that a property owner can remove at one time 8% It depends on the size of the property and how many trees 11% People should be able to !move trees on their property if they want or need to 22% City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 40 8.A.e Summary of Results 120 112 The vast majority of participants say it is "very important" to plant new trees 100 when property owners remove trees (on a scale of 1-10 with 10 being "very 80 important" and 1 being "not important at a I1"). 60 Summary of Results When asked about trees in critical areas, 64% of participants agreed that there should be stricter rules on tree removals in critical areas. 20% stated that it depends on the situation. 40 23 19 19 18 20 11 13 0 �M■=1=■ 1 2 3 4 5 6 7 8 9 10 I don't know enough about other. 5% the subject to It depends on the situation, 20% Yes, the same rules should apply regardless -ritical areas, 8% No, there should )e stricter rules on tree removals in critical areas, 64% City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 41 8.A.e Summary of Results Of the strategies listed under this question, only 16% of participants selected "fees and fines for violating code requirements," as a preferred strategy for the City to use for enhancing Edmonds' urban forest. This means that the Edmonds community would like the City to explore other avenues before penalizing people financially. Summary of Results A wide variety of responses were received to this question in "free form" long answer format. The word cloud on the right was created from all answers to question 8. Long answer responses to all questions can be read in Attachment G. None of the above, 2% Other, 4% Public education to increase awareness of Fees and fines for the tree code, 19% violating code requirements, 16% Tree giveaways, IV neighborhood Codes that require planting events, tree preservation and pruning and planting with workshops, 20% development, 20% Incentives for developers to preserve and plant trees (fee waivers, faster permitting, etc.), 19% s CIIV tines pleaset �emvinr ,.�%4t�,remMl needs � _.,it able_ .. _w1 Costs JMAAls,;tet06 E°$ _ City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 42 Do you live or work in Edmonds? 126 respom • Live 19 Work ,11P Both 49 Neither 1 recreate in edmonds Retired 10 Frequently visit and recreate (walk, dining, arts) Live and work Trying to build a home for my family in How long have you lived in Edmonds? 126 responses 1 - 5 years 6 -10 years 11 -20 years 21 - 30 years 30+ years 1 don't live in Edmonds Prefer not to say What is your race ethnicity? (Select all that apply and use the "other" option to include a more specific answer) 126responses Black or African American 2 (1. 5 %) American Indian or Alaska... 1 (0.8%) Spanish 1 Hispanic 1 Latino 3 (2,4%) Asian Indian 1 (0,M) Chinese 0 (0%) Filipino 0 (0%) Japanese -0 (0%) Korean -0 (0%) Vietnamese -0 (0%) Other Asian (Select and s... 0 (0%) Native Hawaiian -0 (0%) Guamanian or Chamorro -0 (0%) Samoan -0 (aD/0) Other Pacific Islander (5el.., -0 (0%) Prefer not to say What does ethnicity have t.- 1 (0.8%) Has no relationship %hate... -1 (0.8%) Scandinavian -American 1 (0.8%) Not necessary 1 (0.8%) human 1 (0_121%) none of your damned busi... -1 (0.8%) Cowichian -1 (0.8%) 3rd generation European 1... 1 (0.8%) This is an immaterial ques... -1 (0.8%) 0 20 91 (72.2%) -23 (18.3%) ii 6b P,0 100 City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 43 8.A.e INCORPORATING THE INPUT Comments received during both public meetings were categorized into one off ive categories (listed below with associated activities). These categories and activities are part of the framework utilized in the Tree Ordinance Checklist, which was created for the Municipal Tree Care and Manaaement in the United States: A 2074 Urban & Community Forestry Census of Tree Activities. This framework provides a starting point to assess and organize the comments received and prepares the feedback to be integrated into potential code recommendations. TREE ORDINANCE CHECKLIST FRAMEWORK Credential • Requires certified arborist for paid private tree work • Requires certified arborist for public tree work • Requires licensing of private tree care firms • Defines official authority for public tree management Management/Maintenance • Requires annual community tree work plans • Identifies formula for determining monetary tree value • Requires regular public tree maintenance • Requires particular types of maintenance (e.g. pruning) • Establishes permit system for work on public trees • Establishes provisions for penalties for non-compliance • Restricts burning of solid wood waste • Establishes an insect/disease control strategy • Defines tree maintenance requirements on public property • Prohibits tree topping • Regulates abatement of hazardous or public nuisance trees • Regulates removal of dead or diseased trees Planting • Regulates tree species which mayor may not be planted on private property (approved tree list) • Requires tree planting around reconstructed parking lots • Requires replacement of removed publicly owned trees • Requires tree planting around new parking lots • Requires tree planting in new developments • Regulates tree species which may or may not be planted on public property (approved tree list) Preservation City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 44 8.A.e • Restricts tree cutting on private property • Identifies preservation of heritage or significant trees • Requires preservation of trees during development Other • Citywide canopy cover goals and targets • Public education/engagement regarding codes • Other EDMONDS PUBLIC INPUT BY ORDINANCE CHECKLIST CATEGORY Credential 13% Preservation Maintenance 28% 2% Plant 170, CREDENTIAL Other 17% Management 23% Comment Arborist on staff to determine tree health Ordinance Checklist Category Credential Being proactive would be to adopt the public streets and not put it on the property owners Credential Code enforcement by arborist Credential Define easement responsibilities a City/owner Credential Greater role Credential Mediation would be nice Credential Minimal government role Credential Modify / update code - public process with expert tree Credential Nothing wrong with sharing the burden (public and private). Shouldn't do all or nothing Credential Private property rights should be preserved Credential City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 45 8.A.e Comment Ordinance Checklist Category Reasonable exceptions considered. The city arborist is qualified to make Credential these decisions and they can be supported by an arborist report if needed, similar to zones having dill codes/considerations. Requirement for licensed arborist Credential Yes, with Code enforcement Credential Provide a basic framework but let developers be the experts on site design Credential Responsibility needs to be on an arborist or someone for knowing the Credential proper code and way to take the trees down. Some kind of mechanism knowing the proper removal steps and ensuring they are followed MAINTENANCE MANAGEMENT Comment Ordinance Checklist Category Care for new trees Management Condition of the tree Management Crown reduction instead of thinning should be penalized Management Depends on environment Management ECA requirements Management Here is the summary of what I hear: I want my trees. I want to cut my trees Management when I want to cut my trees. I want my views. I want my shade, oxygen, and green canopy. But most of all - I want my views. I want to be free of controls or costs from my community. Property uses are complex and big developers with deep pockets will rule. It is hard to develop a shared tree policy when everyone has their own axe to grind. City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 46 8.A.e Comment Incentive for maintenance of significant trees Ordinance Checklist Category Management Maintenance tree limbing /topping Management NO alternative for developers to do anything but pay into the tree code. Depends on canopy goals or low-income housing Management No charges for worth of property owners' trees Management No enforcement, no checkups, follow-up Management Seems all or nothing = so developers choose to pay to cut down Management The role of the City should be to protect neighbors from erosion due to tree removal (meaning actual removal of a tree), and from hazardous trees. Management Trees are hazardous Management Use fees/fund for land acquisition Management Dislike fees in lieu - no cap on amount Management Gather data on replacement, planting, preservation, etc. for the urban forest Management Fees should be much higher than they are now Management Provide notification of trees removed (not a permit- no cost- no ability for the City to say "no") Management Establish different regs for "The Bowl" (e.g. overlay district) Management Include liabilities when landslides occur after tree removals. Management Require public notice to surrounding property owners Management Over-the-counter removal process Management Establish tracking system to know how manytrees are removed vs planted Management There should be notification of tree removal permits to surrounding neighbors Management PLANTING Comment Ordinance Checklist Category A change should be made that no tree is untouchable, replanting trees Planting should be tied to natives not undesirable Better definitions / locations for replacement / number of replacement Planting trees Create the desire for more tree canopy. Take the OS in public spaces and Planting set an example of how we can do better. Dead tree removal must be replaced Planting Development will remove trees and plant in the small space. Look outside Planting the development area in a park, etc. Need other options besides just paying into fund Mitigation plantings to be based on dbh or canopy Planting City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 47 8.A.e Comment Native species Ordinance Checklist Category Planting Natives planted Planting Planting for right tree right place Planting To the extent the City seeks to support "Right tree, right place," there must be acknowledgement of Wrong tree, Wrong place, and should be supportive of curing those conditions. Planting Increase tree planting in commercial properties Planting Ensure equity in fees so replacement are throughout Edmonds Planting Fees should be used for tree planting Planting Planting requirements, no penalties Planting Tree diversity Planting Replanting - penalties Planting City shouldn't say yes/no on removal, but should have a say in the replant requirement Planting Mitigation should be same for same species type (i.e. deciduous deciduous and evergreen : evergreen) Planting Replacement should consider the size of the tree being removed in order to get the same ecological benefits Planting Require replanting in commercial development (Clarify in CPA) Planting Specify types of trees which are better for mitigation (i.e. deciduous vs conifer) Planting PRESERVATION Comment Defining significant trees: 6" or greater Ordinance Checklist Category Preservation # of removals depends on the property Preservation Consider equity when it comes to critical area protection Preservation Define landmark trees vs. heritage trees Preservation Get involved if more than 30-SO% of trees are cut down Preservation I would like the city to adopt a provision to protect certain "Heritage" or "Historic" trees. In our area there are three very large Douglas Fir trees that were a part of Yost's farm over 100 years ago. They should be protected. Preservation Moratorium caused rush to cut trees Preservation Only opportunities right now are redevelopment (city is built out). Preservation Our group feels no need to control / have code (outside Critical Areas) Preservation Preserving viewsheds Preservation City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 48 8.A.e Comment Ordinance Checklist Category Property rights are very important. Critical areas are important. All Preservation circumstances are individual Remove within specific time Preservation Restrictions on size of trees that can be removed >> 24" 0 Preservation Property of concern - on Shell Creek by Theatre - City owns property on Preservation other side of the creek, but this property is up for development (asking for variance, which we don't think they'll get). How is this possible? Don't want any development in certain types of critical areas. Preservation Landmark trees = Cultural significance to community (e.g. Monkey puzzle Preservation tree) Prefer incentives as opposed to regulations Preservation Area of concern - Perraville development concerns Preservation Consider other development styles that preserve more land Preservation Natives and trees in critical areas Preservation Get away from single tree protection, but a whole ecosystem protection Preservation and do a pocket or a larger landmass protection for biodiversity. Change the name from tree code to forest code Retention should be #1 focus Preservation Incentives to retain trees (esp drainage) Preservation Incentives over penalties (e.g. "developers must use 10% for network in Preservation Seattle" 10% tree limitation Carrots over sticks - development incentives Preservation The diameter classes do not capture the whole ecosystem cost, so either Preservation lowering the DBH threshold or increasing the costs with these because the other factors involved would prefer to make it more difficult to cut down old growth or second Preservation growth rather than the payout. With Edmonds turning over like hotcakes, trees are cut without much Preservation consideration with consideration to the overall impact they have on the homeowner and other residents. Trees are not respected for their benefits overtime, they are multi -generational. Concerned that the developers/private property owners are approved to Preservation cut down huge swaths of 100 yo forests and then are able to "replant" which does not support the MAJOR biodiversity is lost Clarify critical areas regs Preservation Protection for larger trees 30" DBH Preservation Surface H2O fear - decreased fee structure for tree retention. (Tax Preservation incentives) If the tree is a hazard, you should be able to cut it down Preservation For removal of significant tree, you can make a request with arborist report Preservation + included Credential City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 49 8.A.e PLANTING Comment Clarify it. Ordinance CheCategory Other Weak/confusing and needs revision Other Overly complicated Other Recommendation: If there is a clear code and neighbors know what it is ... they can help to enforce Other Establish critical area public education program Other Educate the public on the importance of preserving trees because they are multi -generational entities Other Development is where the canopy disappears Other - canopy There are examples of how to bring UTC into urban setting Other - canopy Tree canopy downtown is a struggle Other - canopy Trying to create a tree policy that handles all zones but zones have different needs. E.g., industrial canopy is different than residential zone. Other -canopy UTC is important but look at public spaces first Other - canopy Could you review what the current code says about private tree removal? Other - Education Notify on property purchase / better notification Other - education Since the tree code affects single-family residential properties with critical areas, it may be informative for attendees and Council to understand what % of single-family parcels are a critical area. Other - education Education - Critical Areas Other - Education It would be great to understand the current code, as well as the overall goal to modification of tree code. Without this base information I am not sure we can understand what changes are needed Other -education More outreach /education / hotline Other- Education Quarterly fliers Other - Education Needs to be simplified Other - General Trees are great and there are so many options but there is a real need for affordable housing Other - general Maybe a problem statement would help on current code. It kinda feels like we are hunting for changes without a goal? Other - goals City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 50 8.A.e ATTACHMENTS A. COMMUNITY OUTREACH AND ENGAGEMENT STRATEGY B. PUBLIC MEETING REPORT #1 C. PUBLIC MEETING REPORT #2 D. FOCUS GROUP #1 E. FOCUS GROUP #2 F. FOCUS GROUP #3 G. PUBLIC SURVEY RESULTS City of Edmonds, WA Tree Code Amendment Project 2023 Packet Pg. 51 �t 9.A Planning Board Agenda Item Meeting Date: 06/28/2023 Comprehensive Plan Update Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Narrative City staff is currently finalizing a contract with the consultant team for the Comprehensive Plan Update and Highway 99 Subarea Plan and will provide a brief update on the work plan and initial round of community engagement. A more detailed discussion will occur at the board's July 12 meeting. As noted in the Extended Agenda item, staff intends to provide at least a brief update on the Comp Plan Update at each Planning Board meeting. Packet Pg. 52 10.A Planning Board Agenda Item Meeting Date: 06/28/2023 June 28 Extended Agenda Staff Lead: {enter Staff Lead or "N/A" here} Department: Planning Division Prepared By: David Levitan Staff Recommendation Review and discuss the June 28 version of the Planning Board's extended agenda. Narrative Staff has updated the extended agenda based on feedback provided at the June 14 regular meeting. Several items have been shifted, while additional details on the Comprehensive Plan schedule (and topics for individual meetings) will be available at the next meeting. Staff proposes to provide quick updates on the Comprehensive Plan at each meeting, either as a separate agenda item or as part of the Extended Agenda discussion. Based on board input, recent Parks, Recreation and Cultural Services quarterly reports have been provided as written reports with no presentation. The board chair has suggested inviting the department director once or twice a year to provide an oral presentation; board member feedback on this proposal is requested. As we look out into the fall and winter, staff anticipates cancelling the November 22 and December 27 regular meetings, and will work with the Planning Board chair to determine whether any special meetings are required to accommodate the board's work plan. Attachments: June 28 Extended Agenda Packet Pg. 53 10.A.a Planning Board Extended Agenda - June 28, 2023 Q Ln Ln O O O z O 4 � 00 N N l0 N Ol M N M r� N r .--I Ln N i 00 N N M I' N BN Zone Use Change (Citizen -initiated Code Amendment) PH Tree Code Update (Code Amendment) D/R D/R* D/R PH Critical Aquifer Recharge (Code Amendment) I D/R PH Recommendation on Athletic Field Use & Reservation Policy D/R- 6 pm Special Meeting with Council - 2023 Housing Legislation I Comprehensive Plan Discussion I D/R D/R D/R D/R Multifamily Design Standards (Code Amendment) I** D/R Highway 99 Community Renewal Program Update D/R D/R Parks, Recreation & Cultural Services Quarterly Report (No Presentation) R R Planning Board update at City Council - Report rather than presentation? September 26 City Council Accessory Dwelling Units (Code Amendment) I I I 1D/R1 Wireless Code Update (Code Amendment) I I I I I I PH * Joint Meeting with Tree Board KEY I- Introduction & Discussion PH- Public Hearing D/R- Discussion/Recommendation B- Briefing R- Report with no briefing/presentation Future Items Highway 99 Subarea Plan Update and EIS Neighborhood Center Plans Additional Code Modernization Projects ADA Transition Plan (Parks) CIP/CFP Comp Plan Goal/Policy Review Housing Bills Policy Implementation Packet Pg. 54