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City Council Planning, Development & Environment Committee Auto captions

Tuesday, September 9, 2025

6:30 PM · Council Chambers, 135 E. Sunset Way, Issaquah WA
Topic tracked across meetings:
Tree Preservation Code Amendments COM 0109 4/4
3. APPROVAL OF MINUTES
3a
City Council Planning, Development & Environment Committee Meeting, July 8
packet pp.5–6
Staff report:
and consideration.
4. AGENDA ITEMS
4a
Tree Preservation Code Amendments COM 0109
60 min · Minnie Dhaliwal, Director of Community Planning & Development · packet pp.7–135
Topics: Land UseTrees
Staff report:
In May 2023, the City Council adopted a major update to the Land Use Code. This update included a complete rewrite of the Tree Preservation code, following extensive public input, as well as feedback from Boards, Commissions, and the City Council. The initiative was the result of a multi-year, cross-
0:01 I don't have a gabble today.
0:07 All right, welcome everyone. I'm Council
0:09 Member Zach Hall and I'm calling the
0:10 September 9th, 2025 City Council
0:12 Planning, Development, and Environment
0:14 Committee to order at 6:33 p.m. I'm
0:17 joined by Council President Walsh and
0:19 Council Member Jang. Uh, quickly to run
0:21 through the agenda, we'll take public
0:23 comment at the top of the meeting. Uh
0:25 we'll do approval of minutes for the
0:27 July 8 meeting and then we'll run into
0:29 our only um measure of business today,
0:32 column 0109, the tree preservation code
0:34 amendments and we'll take announcements.
0:37 Um so moving into our first item on the
0:40 agenda, which is public comment. Um I
0:44 just want to check in with the clerk to
0:46 see if anyone signed in in advance for
0:47 public comment.
0:49 >> No chair, they have not.
0:51 >> And do we have any members of the public
0:52 online with us right now?
0:55 No chair, we do not.
0:56 >> Great. I do see some members of the
0:58 public with us. Anyone that would like
1:00 to provide public comment now? There
1:02 will also be an opportunity after the
1:04 presentation for public comment and our
1:06 question and answer period.
1:10 You want to go now or later?
1:13 >> You could you could do both, too. Yeah.
1:16 >> Later. Later. See you.
1:19 Good. Oh, you'd like to go now? All
1:22 right. you've heard our kind of public
1:24 comment guidelines many times. So, I'm
1:26 just going to say stick to
1:30 >> Yeah, I'll just say stick to five
1:32 minutes and um start with name and and
1:35 where you from. Thanks.
1:36 >> Uh David Kappler, 255 Southeast Andrews
1:40 Street, downtown Isiqua. Um actually
1:44 what surprised me going through all the
1:46 materials was there was no no issues
1:49 about solar access
1:52 to uh roofs and um the tree issue
1:57 surrounding that. Um the solar I in the
2:01 winter the the big trees across the
2:04 alley from my roof um definitely cuts
2:08 down the solar solar access in the
2:11 summer. Um it seems I get a lot of sun
2:14 and I it and it it's amazing to me how
2:18 much I can carry through with Pug Sound
2:20 Energy uh credit on that and how low my
2:24 utility bill electric bill is uh for for
2:28 a number of months. But um I didn't see
2:32 any mention about solar access and tree
2:35 issues and how that might um be an
2:39 important one um
2:42 for for for certain people and for when
2:45 you have great access to it. It's um it
2:50 it's a financial and should be an
2:52 environmental benefit too. That's
2:55 different than the tree that the trees
2:57 are doing, but um it's it's important.
3:01 Um that's that's it. Thank you. Thank
3:06 you very much. Um and unless you say
3:09 otherwise, I'll just assume other
3:10 members of the public will give public
3:12 comment later. Yes. Okay. Perfect. Uh
3:15 then we will move on to approval of the
3:18 minutes of the July 8th, 2025 meeting
3:21 minutes which were distributed in
3:22 advance. I'll just ask the committee any
3:24 corrections or opposition to approving
3:26 by unanimous consent. All right, great.
3:29 Uh hearing none, the July 8th, 2025
3:31 meeting minutes are approved as
3:32 presented. And we'll now move into the
3:35 business of the evening. Uh agenda item
3:38 comm 0109, tree preservation code
3:40 amendments presented by Director
3:42 Dollywal. And uh director, feel free to
3:44 take it away whenever you're ready.
3:47 >> Good evening, council committee and
3:49 members of the community who are here
3:50 tonight. Um I am going to quickly share
3:54 my screen. Um
3:58 let's see.
4:10 All right. So, uh, we're here tonight,
4:12 uh, to talk about tree preservation code
4:14 amendments, um, and review the draft and
4:19 and after committee discussion, you can
4:21 finalize your recommendation, uh, to
4:24 full city council for adoption. A little
4:27 bit of background on the process piece
4:29 here. So, in 2023, the city did a major
4:33 overhaul of uh, all land use regulations
4:35 and included in there was a chapter for
4:38 tree preservation. Uh some of the big
4:41 changes that were done with the tree
4:43 preservation code were the methodology
4:45 of how the tree preservation was going
4:47 to is was preserved. Um so instead of
4:50 counting the number of trees uh a canopy
4:53 coverage uh methodology approach was um
4:56 put in place to meet the city's um
4:59 climate action plan goals of increasing
5:01 a tree canopy to 55%.
5:04 Um so this helped um you know uh not
5:08 only look at the number of trees being
5:10 preserved but there were incentives to
5:12 preserve larger canopy trees because you
5:15 could um it was based on the canopy
5:18 instead of uh counting the tree density.
5:21 Um so then as part of that uh was also
5:25 the the whole study done um we used the
5:28 city's 2019 urban tree canopy study that
5:32 had done it based on neighborhoods
5:34 established what the tree canopy
5:36 coverage was and then a table was formed
5:38 in the code to establish that canopy
5:41 coverage um and increased a little bit
5:44 to meet the the IAAP goal um by
5:47 neighborhood. So when we started
5:49 implementing the code, it became obvious
5:51 that uh a neighborhood percentage didn't
5:55 really work out on a parcel by parcel
5:56 basis. So hence uh this uh effort in
6:00 2025 was to fix that methodology. That
6:03 was the primary goal of bringing for
6:05 forward these code amendments and we
6:07 heard from applicants uh primarily
6:09 single family homeowners uh that removal
6:13 of one tree triggered the entire site to
6:15 be brought up uh to that percentage. So
6:17 it seemed disproportionate to the uh the
6:20 effort or the the action that the
6:23 applicant wanted to take and what uh we
6:26 were requiring. Um so we started in
6:29 about in April with conversation with
6:31 environmental board. Uh had a meeting
6:33 with planning and policy commission
6:35 followed through a couple meetings in
6:37 May and June. Um and July 10th is when
6:41 the planning and policy commission held
6:42 the formal hearing although public
6:44 comments came in throughout uh this
6:46 process and they deliberated at that
6:49 meeting on July 10th and and we are here
6:53 to present uh their recommendation to
6:55 you.
6:57 Um so the first uh main policy changes
7:01 as part of this grouping uh is really
7:04 the canopy co cover targets. So instead
7:08 of basing it on neighborhood uh it still
7:11 takes into account the tree canopy study
7:14 that had um established um percentages
7:18 based on potential plant planting areas.
7:21 So you know you take out your water
7:23 bodies, you take out your streets and
7:25 your impervious surface, your roof lines
7:26 and all that and and through that canopy
7:29 study you can establish what's the
7:30 planting possible planting areas by
7:32 neighborhood. So that factored in into
7:35 it. Uh we looked at land uses,
7:38 residential, commercial, mixed wherever
7:41 uh that belonged and then what were the
7:43 lot sizes and then what's in the table.
7:46 Now it takes all of that into
7:48 consideration and your canopy cover
7:51 targets are based on lot size and land
7:54 use. Um and it still takes into
7:57 consideration possible planting areas in
7:59 those neighborhoods as we parse those
8:01 out by zone. Uh the other um objective
8:05 uh or main policy change in the in these
8:07 proposed amendments is um
8:12 uh related I don't know what happened.
8:13 Okay. Um
8:17 um simplified regulations related to
8:20 hazardous trees or nuisance trees and
8:22 replacement for existing developed
8:24 properties. So to keep it simple, if you
8:26 take one tree out and it's a hazardous,
8:28 you can plant one one for one
8:30 replacement. If you think your property
8:32 has a lot of trees and you already meet
8:34 the percentage, you can give us the
8:36 calculation and um you don't have to
8:40 replant because you already meet your
8:41 percentage. Uh but if you don't want to
8:43 do the calculation, you just want to
8:45 take one out and replant, you can do the
8:47 streamline process with that. Uh we also
8:50 change the nuisance tree definition. So
8:52 it's not just um you know causing damage
8:55 but uh also likely to cause damage. So,
8:58 if we know this particular type of a
9:00 tree is going to create a uh a hazard on
9:04 sidewalk, streets by buckling, instead
9:07 of waiting for it to cause the damage,
9:08 we can preemptively um take some of the
9:11 actions uh or allow some of those
9:13 removals. Um the other one um was to
9:18 clarify that the table of tree canopy
9:21 coverage is only triggered when you're
9:23 doing brand new development or
9:25 redevelopment. And redevelopment is
9:27 defined in the land use code as 50%
9:30 improvement value. So and and and it's
9:32 also not just you know interior work.
9:35 You're you're actually expanding and
9:36 things like that for the purposes of the
9:38 tree code. The last big policy change
9:42 here was to build in some flexibility
9:44 for central Isiqua sub area because a
9:46 lot of trees there are parking lot trees
9:48 as redevelopment occurs. uh you know, is
9:51 there value in saving scrawny parking
9:54 lot trees versus getting redevelopment
9:56 or transition of those parking lots into
9:59 more intensive uses? Um so there's a
10:02 criteria to allow um those trees to be
10:06 replanted with the idea that you would
10:08 still be able to increase tree canopy in
10:11 those areas cuz the one of the things
10:13 that the canopy study has shown is that
10:16 places like that are urban heat island
10:18 effects. So we do need more trees in in
10:21 central Isiqua in the highlands because
10:24 um that's where um the there are the
10:27 canopy coverage is less not overall but
10:30 in certain areas um of the those sub
10:34 areas. Um let's see. So um you know a
10:40 few of these slides are real quickly
10:41 walking through what we heard from
10:43 environmental board and planning and
10:45 policy commission at these meetings. I'm
10:47 going to quickly go through them. Um but
10:48 it's just to give you a sense of what
10:51 sort of discussion happened at those
10:53 meetings. Uh environmental board also
10:55 wrote up a letter with the
10:56 recommendation that's in your packet. Um
10:59 there was discussion about how tree fund
11:01 is used. They wanted more real world
11:04 testing of you know on this parcel this
11:06 is the lot size how many trees and that
11:08 sort of stuff. Um they wanted to address
11:11 heat island effect u problem. Um there
11:15 was discussion about multifamily and
11:17 whether what's the right target for that
11:19 type of land use. Um also discussion
11:22 about coordination with wildfire
11:23 mitigation. Uh and part of that uh we'll
11:27 get into it a little bit. Um they wanted
11:30 to explore new approach for homeowner
11:32 association own trackcts. Um and then
11:35 also identify planting areas with
11:37 flexibility. Um the um
11:44 then uh some other things we heard was
11:46 public education was important around
11:48 trees, clarifying replacement
11:50 regulations,
11:52 uh relief for emergency events,
11:54 flexibility for central Isiqua. They
11:56 wanted a little bit more time to talk
11:58 about some of these things. Planning and
12:01 policy commission said, uh we don't have
12:03 a really small lot category. So,
12:06 anything less than 5,000, we should
12:08 probably add the category. And so, we
12:09 added that. Um, they talked about
12:13 city-owned properties. Um, you know, you
12:16 know, more of a program for how we can
12:18 do more plantings on city- owned
12:20 properties. So, that comes from the
12:22 urban forestry program and city's first
12:25 urban forestry plan. Um, they wanted to
12:28 discuss deciduous versus evergreen uh
12:30 replacement. So, you know, the code
12:32 currently allows um some sort of um you
12:36 know, flexibility. Uh they wanted to
12:38 adjust the hazardous tree exemption. Um
12:41 talked about tree giveaway programs. So,
12:44 not really code issues, but more
12:45 programmatic things. Um wanted us to
12:48 continue to to keep a pulse on wildfire
12:51 code updates and and and you know, keep
12:53 that on the radar for future
12:55 conversations, but add some fix small
12:58 fixes at this time. uh they wanted us to
13:00 include some example site plans for you
13:02 all. Um again we posed few policy
13:06 questions to both of them. I'll get into
13:08 that a little bit and like I said
13:11 environmental board has their
13:13 recommendation in a letter format in
13:14 your packet. the deliberation with the
13:17 planning and policy commission on July
13:19 10th. Um they passed on the draft code
13:22 and asked us to make some of these
13:24 changes and one of them was um you know
13:27 if the tree is already down through a
13:30 bomb cyclone and others uh do we do we
13:33 really need a permit? Do we need an
13:34 arburous report to clarify that? Because
13:37 there's an emergency tree removal
13:39 section, but that is if there is an
13:42 impending danger and you're trying to
13:44 take it down. And so we've clarified
13:45 that if it's already a fallen tree, you
13:48 don't need an arborist report. It's
13:50 already down. Um they they wanted to
13:53 kind of make sure um you all um
13:57 understood the central ESQA flexibility
14:00 piece um that's in the draft code.
14:04 uh HOA permitting uh which isn't a code
14:07 issue, but you know, if a homeowner
14:08 association owns multiple tracks, this
14:11 happens uh for a Talis neighborhood that
14:13 we could review it all under one permit
14:15 instead of getting separate permits. And
14:17 that's just an implementation thing. We
14:19 don't need a code change for that. Um
14:22 they also wanted to clarify the
14:23 interplay between critical area code and
14:25 tree code that that's specifically
14:27 called out and so we made sure the
14:28 language is in there that um discusses
14:31 that because the critical area code also
14:33 has no net loss requirements and things
14:35 like that that come from state law. Um
14:38 so but you still need to meet critical
14:39 area code requirements uh if the if the
14:42 tree is in a in a critical area, steep
14:45 slopes, wetlands, stream buffers and so
14:48 um there was some awkward language about
14:50 onetoone replacement that came from
14:52 public uh comments as well and they
14:54 wanted to fix that. Um they also wanted
14:57 us to reach out to tribes about the
14:58 heritage tree program which uh Dan Hints
15:01 from parks department and I did meet
15:04 with them and um have proposed some uh
15:07 draft language uh in the code here. Um
15:11 so some of the policy questions that we
15:13 asked throughout this process was uh
15:15 should this you know if this if the site
15:17 meets the canopy coverage targets do we
15:20 really need onetoone replacement and the
15:22 answer was no. uh if you already have a
15:25 site that meets your canopy coverage and
15:27 you have a tree that needs to come out,
15:29 you do not need to replant it because
15:30 your site meets and both environmental
15:33 board and uh planning and policy
15:35 commission recommended that. Um we asked
15:38 them about this. This is the main policy
15:41 uh question about the methodology for
15:44 creating this table which is taking the
15:46 urban tree canopy potential planning
15:48 areas average lot size and then coming
15:51 up with a percentage. Um and so instead
15:54 of going by the neighborhood now it's
15:56 based on zone and the land use uh and
15:59 the lot size. Um so they agreed with the
16:02 proposed recommended uh table in the
16:05 draft. um some examples of what the old
16:08 method and the new method um show. So
16:11 for instance in Talis um overall
16:14 neighborhood canopy is 73% but that
16:17 includes some of the areas that are
16:19 protected open spaces. Um and uh 73% is
16:23 almost impossible for any lots to meet.
16:26 U the the language in the code did not
16:29 allow any fee in lie of option and the
16:32 lot size was not considered. So um under
16:36 the new method the canopy coverage is
16:38 25%. It's feasible for most lots. Uh if
16:42 you really can't do this then you can
16:44 put a fee in lie of you can still pay
16:46 fee in lie of um and lot size is
16:49 considered. Um the
16:54 uh part about the another example
16:56 Oldtown um had a 33% because that you
17:00 know that's what was for the whole
17:02 neighborhood. uh it goes up to 35%. So
17:05 this is where it got slightly up. Um
17:09 again fee and loo was provided as an
17:11 option in most cases to build in that
17:13 flexibility that if there's really no
17:15 room on your property then you can pay
17:18 um fee in Lua for replacement. Um
17:22 the third question we asked them was um
17:27 you know when do these target uh
17:30 percentages uh come into play? um in all
17:33 situations or only when with new
17:35 development or redevelopment and so I
17:37 think everyone consensus around new
17:40 development and redevelopment
17:42 replacement uh should be one to one or
17:44 one to2 we'll get into that um
17:48 uh so yeah the clarification that
17:50 hazardous or nuisance trees are onetoone
17:53 replacement unless of course your
17:54 property already meets the uh table
17:58 canopy coverage then no replacement is
18:00 required landmark trees need to be
18:02 repled based at 1 to2 um and central
18:07 esiqua uh flexibility you can reduce
18:10 your percentage of 25% need to be tree
18:14 preservation. So the way the tree
18:16 regulations work is there's a separate
18:18 section about tree preservation. So if
18:21 you're doing any sort of development you
18:23 need to save some of those existing
18:24 trees. Typically in this in central
18:27 Isiqua it's 25%.
18:29 Then you have this table that
18:31 establishes what percentage you need to
18:34 to meet when you're all said and done
18:36 with your rede development or
18:37 redevelopment. So for the purposes of
18:42 saving the existing trees, it's because
18:44 even if you plant a new tree, it's going
18:45 to take 20 years to to grow. So there's
18:48 a temporal loss of benefits from the
18:51 tree. So the idea that you at least get
18:52 to save some some of those existing and
18:54 there's a priority like save the biggest
18:56 ones, save the ones in a grouping.
18:58 However, we we you know came into some
19:01 of the development proposals that you
19:03 really can't save even 25%. Uh when
19:08 you're looking at redevelopment, the
19:10 trail head project being one um and and
19:14 others. So the the council had to uh do
19:17 add that in their in your housing, you
19:19 know, development agreement piece or
19:21 housing authority agreement. Um so we've
19:25 defined when you when you're allowed to
19:28 take out more than you know 20 more than
19:32 75%.
19:33 uh it mean it's either a nuisance or a
19:35 hazard or you need it for site access or
19:38 you need it for frontage improvements or
19:39 utility connections or there's a
19:42 conflict between forming intensity
19:43 standard. So if you we're trying to you
19:45 know get more dense development in
19:47 central Isiqua then and there's a clump
19:49 of trees in the middle of the site then
19:51 that probably needs to go in order to
19:53 put the building there but you still can
19:54 plant trees around the perimeter and and
19:57 other places. Um, so that's sort of the
20:00 criteria and in order to not give
20:04 everyone uh, you know, no incentive for
20:09 taking every tree out, the the bee gets
20:11 into some of the nuances that yes, you
20:14 can, you know, take down more than 75%.
20:18 But the ones that you need to replant
20:21 for those are for every one tree 6 in of
20:26 diameter you need to plant one tree. So
20:28 you still need to account for the ones
20:30 you've taken down and and get those in
20:33 place in addition to meeting your canopy
20:35 coverage. So there's a little bit of an
20:37 incentive if there's a way they want to
20:39 someone wants to preserve existing
20:41 trees. They don't have you know they
20:44 don't have to replant those. So it gets
20:46 complex but I'm happy to answer any
20:47 questions you might have um around it.
20:51 >> I have a I have a quick one then just to
20:53 clarify. So would this set of
20:56 flexibility criteria then cover the
20:58 example that you had kind of earlier in
21:00 the presentation around new central
21:04 isqua development in parking lots where
21:07 we're anticipating um larger density
21:09 where the trees are maybe in some median
21:13 strip in the middle of the parking lot
21:14 where the building is actually going to
21:16 be itself.
21:17 >> Yeah.
21:17 >> Okay. It does. Okay.
21:19 >> Yeah. Yeah. So, here's an actual example
21:22 that development commission just
21:23 approved earlier this month. So, the
21:26 proposal is was to take down this
21:28 building. It's in mixeduse um central
21:31 Isiqua. Um and there's a stream on one
21:35 side of the property. Uh there are some
21:37 conifers or evergreens along the stream
21:40 that they could save and they are going
21:42 to save, but they're going to infill uh
21:44 a lot of that to help with this, you
21:46 know, with the stream buffer. But some
21:49 of these other trees because frontage
21:51 improvement uh is required like bigger
21:54 sidewalks and and things of that nature.
21:56 Some of those trees along the perimeter
21:57 needed to go. Um and it's a townhouse
22:00 development. So overall when the project
22:03 is done, it'll still meet our our
22:04 coverage objectives. It'll be but it'll
22:06 be newer trees and as many trees in the
22:09 stream buffer that they could save, uh
22:11 they did. Um but flexibility was needed
22:14 in order for the redevelopment to go
22:15 instead of getting um these parking lot
22:18 trees to be preserved.
22:20 Um so wildfire mitigation um we
22:24 consulted with uh East Side Fire and
22:26 Rescue. uh we're using the standards in
22:29 the National Fire Professional
22:32 Association
22:33 uh training module which is relying on
22:36 some of the the guidance but uh we have
22:39 very good folks from um Epher that are
22:42 doing this. We met with Kate and she
22:44 kind of explained to us how they go
22:46 about doing it. They're not taking a
22:47 blanket approach of clear up everything
22:49 around the structures. So we felt
22:51 comfortable having that discussion.
22:53 environmental board member that actually
22:55 had them come to her property. We've
22:57 done this assessment also. Um discussed
23:00 this. Uh so we have a limited way of uh
23:04 anyone that has gone through this
23:06 process with East Side Fire and Rescue
23:09 can um get get a tree removal permit
23:12 approved as long as it's not in a
23:14 critical area because critical area
23:16 regulations still apply. Um, one of the
23:19 comments we heard from East Side Fire
23:21 and Rescue is to take out the reference
23:23 to East Side Fire and Rescue, but allow
23:26 anyone that has national, you know, the
23:29 certification, uh, that we accept that.
23:32 Um, we believe at this point it's a
23:34 temporary, you know, band-aid measure
23:36 until we get the wildfire risk
23:39 assessment maps from Department of
23:41 Natural Resources and we have a more
23:43 robust discussion about it. Um because
23:46 we also don't want anyone coming and
23:48 saying I'm certified with NFPA and
23:50 therefore I need to take these trees
23:51 down. Um there's more of a little bit of
23:54 a comfort level if it's coming from East
23:56 Side Fire and Rescue. But that uh is
23:59 based just on their own um you know
24:02 where they are today and and the program
24:04 and and their uh desire to maybe let
24:08 anyone who is and it could be King
24:10 County Conservation District who who is
24:12 this. uh we can always come back and
24:14 revisit that. Um
24:17 so the other I think we kind of I walked
24:20 you through these um as we were going
24:23 through.
24:24 Um and then we asked them any other
24:27 changes they wanted to consider and so
24:29 there were a few tweaks here and there
24:30 that that were made to the code. Um so
24:33 whatever um is in front of you was
24:35 discussed with PPC and the five or six
24:38 bullet points that they wanted to uh us
24:41 to make those changes. So, we've made
24:43 those changes and we have a draft code
24:45 in front of you. Uh, the next steps
24:47 would be after your discussion
24:49 deliberation, we would um take it to if
24:52 you're ready to deliberate tonight uh
24:54 for August October 6th, we can put it
24:57 for a city council adoption
25:00 and you can tell us if you want it on
25:02 consent or regular depending on your
25:04 discussion tonight.
25:07 That concludes my presentation. Again,
25:10 we have this code for your discussion
25:12 and finalizing your recommendation to
25:14 cancel.
25:17 >> And I should say one thing about the
25:19 public comments uh that were made
25:22 tonight about the solar access. So there
25:24 is already a section in the code back in
25:27 2023 which uh allows removal of trees
25:31 providing solar access to building
25:33 incorporating an active solar energy
25:35 system. So that is already uh baked in
25:38 our code. Um and then I think um as you
25:42 hear some other public uh comments uh
25:44 tonight, it's been helpful to hear real
25:47 world examples of folks uh having some
25:50 issues uh with and and all of their
25:53 feedback has helped make the code better
25:55 and we've incorporated as much as we
25:57 could in in this code. there may be a
25:59 few things that they probably want to
26:01 share with you um to focus on.
26:07 >> Thank you very much, Dr. Dolly. I'll
26:10 open it up to the committee for
26:12 questions.
26:15 Anyone have questions? Council
26:16 President, start with you.
26:18 >> Yep. Um the environmental board asked uh
26:22 to do code testing. Did we do that? Was
26:26 that just the examples that were
26:29 provided?
26:31 >> Correct. So we looked at some of those
26:32 specific sites and so that was early on
26:35 at the at the stage. So then we had
26:38 specific sites and lot sizes and looked
26:41 at um the examples that we shared.
26:45 >> Okay. Um if replanting needs to be done,
26:51 can it be done within the critical area?
26:54 >> Yes. Okay. So, they'd be able to add to
27:00 and enhance a critical area um and not
27:03 necessarily have to plant outside of
27:06 that critical area if they were removing
27:08 >> the because that's improving, you know,
27:10 it's not a loss. It's improving the
27:12 critical area. You can also take down
27:14 hazardous and nuisance trees in a
27:16 critical area. um you know and you know
27:19 the section goes goes into uh some other
27:24 higher bar that you know you have to
27:26 show can you avoid it, can it be
27:28 mitigated, can you leave the snags in
27:30 place and in a limited fashion but not
27:32 clear cutting for wildfire risk
27:34 assessment would be would be more of a
27:37 severe impact that couldn't qu meet our
27:40 critical area code.
27:42 >> Okay.
27:44 Um, my big question,
27:50 I understand why our current code isn't
27:53 working
27:55 and I think it's a big problem that
27:56 we've had it for 2 years while it isn't
27:59 working.
28:00 I don't understand why
28:05 we're necessarily not looking to do
28:08 something more similar to what other
28:11 cities are doing, have been doing what
28:14 we used to do. I understand our idea is
28:18 to increase tree canopy and that that is
28:23 a fantastic goal. Um, I'm just not sure
28:27 I understand the relationship between
28:30 that and the customer service of dealing
28:34 with homeowners who are trying to take
28:36 down trees, trying to make adjustments
28:38 to their property or the benefits that
28:41 we get from
28:44 being able to more cost-effectively
28:48 build affordable housing. Um, so I'm
28:51 trying to understand why we think this
28:55 is better than taking the approaches
28:58 that other cities around us do. Um, and
29:02 whether it's worth the
29:05 additional
29:06 regulatory cost or, you know, the the
29:09 time it takes to interpret and
29:11 understand and um deal with the code
29:15 that we're putting in place here.
29:17 >> Uh, sure. Sure. I want to make sure I
29:19 understand. So, you're talking about the
29:21 methodology, the canopy coverage
29:22 methodology versus just counting the
29:24 trees.
29:26 Yeah. I mean, that was all discussed um
29:29 during the initial update and and the
29:32 the pros and cons. The bene benefit of
29:35 that was um that there's some incentive
29:39 for people to keep larger larger canopy
29:42 trees. So, if you have five on your
29:44 property and you only needed to save
29:47 one, you would take the largest tree
29:50 canopy and you would leave the the
29:51 smallest tree. You know, in a in a
29:53 hypothetical example, with a canopy
29:56 coverage, you there's more of an
29:58 incentive of keeping a a tree that
30:00 provides larger canopy if you are
30:03 allowed to take four and save one.
30:05 Right? So, if there's a percentage of
30:07 canopy, you have more options. you have
30:10 um but there's an there's a expectation
30:14 that you would preserve larger canopy
30:18 that that was sort of the discussion
30:19 back at the time. Um counting trees may
30:23 be simpler uh for tree preservation or
30:27 measure you know the tree preservation
30:28 piece still measures the diameter. So,
30:31 it still talks about you need to save
30:32 25% of the diameter, but if you're doing
30:35 a new development of uh a property, it
30:39 it's not you need to, you know, it's
30:41 based on for this site, you need to have
30:44 at least 25% canopy coverage or 35%
30:47 canopy coverage. So, it's it's
30:49 >> okay. So if I'm understanding it then
30:53 the idea as much as we're calling this
30:55 tree canopy
30:57 >> the tree canopy concept only comes into
30:59 place if somebody's doing a
31:01 redevelopment
31:03 otherwise it uses a more traditional
31:08 concept and similar to what other cities
31:11 do related to diameter breast height
31:14 right
31:14 >> yeah so there three three sections so
31:17 tree preservation is by diameter
31:20 the the new development and
31:22 redevelopment is by canopy coverage and
31:25 then you have a hazardous tree or a
31:28 nuisance tree replacement which is sort
31:29 of a canopy coverage. So if you take
31:31 down a huge um you know dug fur that has
31:37 x percentage of canopy coverage, you
31:39 need to plan something that eventually
31:42 will be uh that prov you know there
31:45 won't be a net loss. Mhm.
31:47 >> Um because if you just do one for one
31:50 replacement, you might take down a Doug
31:52 fur and plant a small apple tree and
31:55 then you you know, which isn't going to
31:58 give you the kind of canopy coverage as
31:59 as a 20, you know, larger tree that will
32:02 grow overtime. So there could be
32:04 potential loss of canopy for the
32:07 citywide pieces. So I think it all ties
32:10 into what the policy discussions for the
32:13 city were to increase the canopy
32:15 coverage by 55% and how to how to
32:18 achieve that.
32:19 >> Okay. So I understand the
32:22 >> tree the hazardous tree I understand the
32:25 infill and redevelopment when you're
32:28 talking about tree preservation when
32:30 does that come into account?
32:32 >> That comes into play with development
32:35 and redevelopment. So you you still
32:38 so if you have to do redevelopment
32:41 eventually you need to meet this canopy
32:43 coverage but if you have existing trees
32:45 you need to make an attempt to save them
32:47 at least 25% of them. So there's not a
32:50 temporal loss that you know if in in the
32:54 next 20 years you won't have that sort
32:56 of canopy coverage. So there's some
32:58 requirement to keep existing trees. So
33:01 if if someone was doing a plat for
33:03 example and building 20 new new lots or
33:06 >> 20 new town homes or whatever uh there
33:09 are
33:11 large trees that can be preserved that
33:14 potentially you know are providing shade
33:18 other ecological benefits that come with
33:20 trees then you you have to save at least
33:23 25% of those. In some areas, I think the
33:26 largest preservation requirement is 35%.
33:29 And that's based on caliber inches. So,
33:32 you measure, you know, there are 10
33:34 trees, one is 2 in, the other one is 20
33:37 in, you add up all your inches, and 25%
33:40 of those inches you got to save. So, you
33:43 have flexibility which trees you want to
33:44 save. You could save a lot of small ones
33:46 in a corner because it's in a grouping,
33:48 or you could save one big one. But
33:50 overall, your caliper inches get
33:53 preserved with the idea that you don't
33:56 clearcut the entire site. You're able to
33:59 save some during development and
34:01 redevelopment. So, that doesn't come
34:03 into play with with
34:06 existing homeowners or anything like
34:08 that. So, okay, I'm going to have to
34:12 think all of that over again because
34:14 this is a very meaty topic. It really
34:17 gets down into, you know, where are our
34:20 goals and our priorities as a city and
34:23 what are the downsides of making certain
34:26 decisions. So, thank you.
34:29 >> And just to jump on that real quick and
34:31 then we'll go to Council Member Jen,
34:33 didn't you also say so like in a in a
34:36 residential lot, a single family
34:37 residential lot, if you meet canopy goal
34:41 uh target already, you don't have to do
34:44 a one for one replacement. So it also
34:46 does make its way back into it
34:48 sometimes, right? Tree
34:49 >> the canopy coverage thing still. Yeah.
34:52 So if you if you have pretty heavily
34:55 canopy canopied lot and you have a
34:58 hazard tree or a nuisance tree, you can
35:00 take it out without replacement.
35:03 >> Okay. Thank you. Um Council Member Jane,
35:06 go ahead.
35:08 >> Um thanks Director Dollywal for this
35:10 great presentation. Um could you explain
35:12 how subdivision could potentially affect
35:14 the percentage of tree canopy required?
35:16 So just you know basically from 10 to
35:19 15,000 square feet per lot it's 45%
35:22 required from 5 to 10,000 ft 35%
35:25 required 5,000 less 25%. So, I'm curious
35:28 like if you had also Okay, so if you
35:32 have a 10,000 foot lot, let's say, you
35:34 know, you need either 35%
35:38 or 45% um tree canopy. If you get
35:41 subdivided into four 2500 foot square
35:44 foot lots, would you then go down to the
35:46 25% requirement?
35:51 Sorry if that question was unclear.
35:53 >> Yeah. Yeah. No, I hear I hear what
35:55 you're saying. Let me find that table
35:57 here. Um, so you in your example that
36:00 you were talking about, there's a
36:01 10,000t lot.
36:03 >> Yeah.
36:03 >> Um, and if it's zoned any one of these,
36:06 it's it's probably like a 45% canopy.
36:09 >> Yeah.
36:10 >> Uh, and then you're down to
36:13 say 5,000 ft,
36:16 >> four lots,
36:18 >> and those are at 25% each.
36:22 So yeah, with subdivision you
36:24 potentially could in in your example.
36:27 Yeah.
36:28 >> Um so 45%
36:31 of 10,000 is going to be 4500 square
36:34 foot of canopy cover and then uh 25% of
36:39 5,000 is
36:43 >> Yeah.
36:44 >> Yeah.
36:44 >> I mean it would it' be you know 25% of
36:47 the whole area compared to 45% of the
36:48 whole
36:48 >> Yeah. 25 per each lot because but your
36:51 lot size is getting smaller. So yes, in
36:53 that example you could potentially lose
36:56 that.
36:57 >> Uh however, I would say that you know as
36:59 there'll be a few checks and balances.
37:01 So the first would be you come in and
37:03 you want to shortplat your 10,000t lot
37:05 into four lots.
37:07 >> Yeah.
37:07 >> Right. So the 25% free preservation
37:10 requirement might kick in. So you will
37:12 have to save some for your platt plat
37:15 itself at that time. And then for each
37:18 lot you would. So
37:20 theoretically, yes, it could be a dip.
37:23 Um, practically, you know, between tree
37:26 preservation and getting this, there'll
37:28 be that balance of getting development
37:30 and still getting some tree canopy.
37:32 Yeah.
37:32 >> Yeah. Well, thanks for clarifying. Um, I
37:35 guess one other thing that is a bit
37:37 confusing in the code now that I'm
37:39 looking at it again is that, you know,
37:41 there's one section that says 5,000 to
37:43 10,000 square feet and the next one says
37:45 10,000 to 15,000 ft². I don't know if
37:47 there's any lot that is exactly 10,000
37:50 square ft, you know, with not not
37:53 >> fall under that category that which
37:55 category it would fall into. So, I'd
37:56 recommend changing it one of them to
37:58 like 9999 or 10,0001
38:00 >> or less than or more than or something
38:02 like that. Yeah, yeah, we can make that
38:05 change.
38:05 >> Great. Thank you.
38:08 >> Um, oh, yeah, I did have more questions.
38:10 Um, okay, so I was curious, there's one
38:13 section on replacement trees that says,
38:15 you know, there's an inspection
38:16 required. Who performs those
38:18 inspections?
38:20 Um, basically it's like there's an
38:22 required inspection to confirm that the,
38:24 you know, tree species and all planting
38:28 whatever is good.
38:30 >> Yeah. So we have a staff member um
38:32 senior planning inspector who reviews
38:35 the tree permits and also goes and does
38:38 inspections for uh trees. Okay, great.
38:42 Um and then there are a few things that
38:45 um we had talked about that I don't
38:47 think are incorporated in this tree code
38:49 update in particular. you know, codes
38:51 related to um wildfire and removing tree
38:54 hazard trees within wildfire buffers. Um
38:57 as well as potentially, you know, the
38:59 cost of tree permits, which are we've
39:02 heard in some of our public comments
39:04 that they're very high. Um so I'm
39:05 curious when we're planning on um
39:07 looking at those.
39:09 >> Yeah. So, uh, for the wildfire, um, risk
39:13 assessment maps that Department of
39:15 Natural Resources is producing are
39:17 anticipated to come out next summer. So,
39:20 once we get those, uh, then we will, uh,
39:23 review them, see where they go. Uh,
39:27 there's also, you know, going to be some
39:29 state legislation potentially around
39:32 that because some of the lessons that
39:34 were learned from Oregon were when those
39:37 maps came out, insurance is pulled out.
39:39 um people lost insurance coverage and
39:41 those kind of things, right? So, we need
39:43 to wait and see how that all um plays
39:46 out with the state rolling out new maps,
39:49 any changes in state law. Um and then
39:54 and then the interplay between trees and
39:58 critical areas if there's some
40:00 clarification on what what that looks
40:02 like. um for if you are in a stream
40:06 buffer for instance um and wildfire risk
40:09 assessment if there's an overlap between
40:11 those two what to do. Uh so that'll be
40:14 the meteor discussion uh but that that
40:17 will follow after uh the maps are done.
40:21 Uh as you may remember, we had this
40:23 conversation with council in the past uh
40:26 when wildland urban interface was an
40:28 optional item under the building code
40:31 which is in title 16. And at the time um
40:35 the city did adopt just one provision of
40:37 that code which was if you have a home
40:40 at the end of uh a driveway which is
40:42 more than 300 ft, you have to provide a
40:44 turnaround for fire uh equipment to get
40:47 up and serve the home. But the the tree
40:51 mitigation stuff was not handled. There
40:53 are other things that can be done for
40:55 structure hardening. You know, the type
40:57 of roofs, you know, to avoid embers from
40:59 taking off, the insulation protection,
41:02 blocking some of the openings, hardening
41:05 your structure and so on, and keeping
41:08 some space between dry vegetation in
41:11 your home. So, it'll be a fullon
41:13 discussion, but it will follow after
41:15 some next summer when the maps are out.
41:18 In terms of the cost of tree permits, we
41:20 heard a lot of public testimony and and
41:22 you know that's informed some of our
41:24 thought process here. Currently, um we
41:27 bring forth our fee ordinance to council
41:30 for annual inflation increases in
41:32 November. Uh so we will t and and then
41:35 during that time we tackle some of these
41:37 other things that either need to
41:39 streamline some fees because they're too
41:40 complex or make some of these
41:42 adjustments. So, we'll incorporate some
41:44 of that feedback uh during that time
41:47 when the the fees are updated. And the
41:49 feedback specifically from public um
41:52 comments during this update were related
41:54 to the cost of $350 is excessive and is
41:58 a barrier for people trying to come into
42:00 compliance that they might take down the
42:01 trees without getting a permit. uh we
42:04 have no fee permit for hazardous trees
42:07 and we have $350 permit for any other
42:10 type of tree removal, nuisance tree or
42:12 anything like that. So, you know, we can
42:15 bring forth some analysis that shows
42:18 maybe lowering the $350 fee but creating
42:21 a blanket fee for all permits so we're
42:24 not distinguishing because we do have
42:26 debates with folks of this is a hazard
42:28 tree, not a nuisance tree because the
42:29 hazard tree is zero cost. So there may
42:33 be some room for us to to fix some of
42:35 that problem and and look at how many
42:37 have we issued. You know, it's a it's
42:39 not a huge cost to the city, but we'll
42:42 bring that with the fee ordinance
42:44 update.
42:45 >> Great. Thank you.
42:53 >> Maybe I'll just ask more broadly too
42:55 before we um launch into next round of
42:58 public comment. Um
43:02 it's it feels challenging to to
43:05 understand at times. Uh and I imagine
43:07 this is probably an area of code where
43:09 residents interact with more frequently
43:11 than other areas of code. Um
43:15 regardless of any changes committee
43:18 might like to see, let's say we decide
43:20 to move forward to council and then
43:22 council gives you the thumbs up and we
43:24 adopt it into code. what is done on the
43:27 implementation side to um help residents
43:31 interact or different code users
43:33 interact with the code. We've heard
43:34 things like kind of a matrix to really
43:37 visually see what's needed based on what
43:39 tree you have or what you're trying to
43:41 do. There's the kind of make your own
43:44 adventure story books from when we were
43:46 kids, right? For like you you're
43:48 starting out, you have a tree, here's
43:49 step one, step two. Just try and make it
43:52 more digestible for residents. what are
43:53 the things that kind of happen on the
43:54 back end that maybe we should be aware
43:56 of?
43:57 >> Yeah, great question and great feedback
43:59 uh from community members. We have a
44:01 lot, you know, we can certainly
44:03 prioritize the tree permits in terms of
44:05 the handouts, the communication piece. I
44:07 mean, there's a lot you can do these
44:09 days with more interactive things that
44:11 you're talking about, more
44:13 scenario-based examples for people to
44:15 understand and more clear guidance of
44:17 what you need and here's what here's you
44:19 go about doing it. So, we'll definitely
44:22 after council's adoption uh work on
44:25 videos, handouts, newsletters, a public
44:28 education piece, workshops, whatever
44:30 that uh implementation is is desired by
44:33 council. But definitely the website
44:36 update and handouts for sure.
44:40 >> Okay. Thank you. Um any other questions
44:42 from committee before we go into the
44:44 next round of public comment?
44:46 No. All right. Great. Then we're going
44:48 to go into um public comment next. Um
44:51 I'll just check in with our committee
44:53 clerk real quick to see if there are any
44:55 members of the public that have joined
44:56 us virtually.
44:58 >> No, chair.
44:59 >> Okay. So, no one's with us virtually. We
45:01 do have members of the public here. Um I
45:03 assume you'd like to provide public
45:06 comment. Is that correct? Okay. I won't
45:08 go through our whole list of uh kind of
45:10 guidelines since I've seen you kind of
45:12 interact here before. So, just a
45:14 reminder that um feel free to come on up
45:16 whichever of you would like to come
45:17 first to the lectern here. Uh five
45:19 minutes um and then please unmute and
45:22 start with your name and and address or
45:24 your relationship to the city. And then
45:25 just a reminder that we can't do Q&A
45:27 right now, but uh we can try to ask
45:30 staff to respond or follow up as needed.
45:34 so, whoever would like to come up first,
45:36 come on up.
45:44 Thanks for having me. Uh my name is
45:46 Richard Scarce. I'm a resident of the
45:48 Montro neighborhood in west end of uh
45:50 Isiqua. I'm also the vice president of
45:52 the HOA with Montro. Uh thanks for
45:56 having this meeting and I know I've
45:58 enjoyed the interactions we've had with
46:00 the city and working on the code over
46:02 the last few months. Uh just to recap
46:05 some of the points I brought up at the
46:07 last time I was here, we went over the
46:10 complexity of the tree code and I think
46:13 a lot of it has to do with what the
46:16 priorities are for the city of working
46:22 because not only the homeowners have to
46:24 work these details but also city
46:25 employees have to work the details and
46:28 involving arborists and specialists and
46:31 experts and tree companies. and
46:33 everybody else in the process. Is the
46:36 permit process
46:38 emphasizing
46:40 the safe removal of a tree or is it
46:44 emphasizing competition between experts?
46:47 Because our experience in the past is
46:51 very adversarial with the city employees
46:54 trying to get a permit approved, trying
46:57 to prove whether a tree is hazardous or
46:59 a nuisance, supplying photographs,
47:03 paying for arborists where one arborist
47:05 supports your position and another
47:07 arborist doesn't support your position.
47:09 when in essence what is going on here is
47:13 the safe removal of a tree and replacing
47:15 it if necessary.
47:18 Closing the loop, what you have before
47:20 the situation is a tree, what you have
47:23 after the situation is a tree. And we
47:26 spend an awful lot of time debating the
47:29 condition of the tree versus
47:32 accomplishing the goal of the permit
47:34 process.
47:36 I currently am a homeowner that had a
47:39 nuisance tree removed. Probably should
47:41 have called it a hazardous tree because
47:43 it would have not cost me the $350.
47:46 The permit is still open. The can I have
47:49 100% canopy over plantable area
47:54 and I have not replaced the tree, but I
47:57 have not heard anything from the city
47:59 with regard to the permit that I applied
48:02 for last November.
48:04 So there is no closed loop process in
48:06 implementation right now to verify if
48:09 anything is getting done
48:12 and I don't know if that's a staffing
48:14 issue or or what
48:17 you have to have staff to implement the
48:19 code otherwise why engage in in the
48:24 process. So, we talked last time about
48:27 complexity.
48:29 Isiqua is the most expensive permit in
48:31 this county by far. Uh, most cities in
48:35 the area range between $40 and $200 for
48:38 a permit. Isaacqua's over 350.
48:42 So, that is a disincentive for
48:46 homeowners to even engage.
48:48 If you require replacement and you don't
48:52 have a place to put it, faced with a fee
48:55 in lie of of $1,000
48:58 to put a tree somewhere else
49:02 is a disincentive
49:04 to follow the process or engage in the
49:07 process and add to that the cost of an
49:09 arborist, the cost of a tree removal and
49:11 everything else. It's it's a huge
49:15 disincentive to follow the process. the
49:18 canopy percentage issue.
49:22 Like I had mentioned before,
49:26 I have almost 100% coverage on plantable
49:29 area.
49:30 It's an 11,000 square ft lot. But when
49:34 you deduct the structures, the
49:36 driveways, the patios, the decks, the
49:39 walkways that are on that property,
49:42 if it's a 10,000 ft property and you
49:44 have
49:46 in the case you're supposed to have 45%
49:48 coverage
49:50 and and 60% of the property is covered
49:54 by structure,
49:55 that means that you're short
50:00 given the canopy calculation.
50:03 You'd have to have more than 120%
50:06 coverage of plantable area under trees.
50:11 Otherwise, we're digging up driveways to
50:13 plant trees.
50:15 So, the canopy calculation when it
50:17 considers gross property area versus net
50:20 or plantable property area is out of
50:22 whack.
50:24 If your structure covers
50:27 the available percentage
50:30 and you're required to meet a 100%
50:33 threshold really is what it comes down
50:35 to. In every category of uh lot size,
50:40 a 5,000 ft lot, the structure probably
50:42 takes up 70% of the lot
50:46 and so on. So that doesn't really work
50:48 that well.
50:50 Um, code fixes. I really did enjoy.
50:54 >> Please be advised, you are at five
50:56 minutes.
50:56 >> I'm sorry. I'll thank you. Wrap it up.
50:58 Uh, there is another HOA issue, Zach,
51:02 that uh we're dealing with of requiring
51:05 a bond for replacement trees in the NGPE
51:08 area. And uh this area is subject to
51:11 root rot.
51:13 So, if we're going to invest in a bond
51:16 for replacement trees and put them into
51:18 an area that has root rot, uh it's kind
51:20 of uh you see where that logic goes. So,
51:25 just wanted to bring that up. Thanks.
51:29 Yeah, thank you very much. Who'd like to
51:32 come up next? Yeah, go ahead.
51:42 Okay.
51:44 I'm shorter. Um, Susan Glicksburg, also
51:47 Montro neighborhood. Um, I'm here as a
51:49 homeowner, but also am on my homeowners
51:52 association board. Um,
51:55 so um, I'm going to start with thank
51:57 you. I think some of the points that we
51:59 have made have um, been received and
52:02 have been altered in the code. The
52:04 biggest one was the onetoone
52:05 replacement. um we we were dealing with
52:08 having to put seven trees on a lot where
52:10 you could only really plant one
52:13 additional tree and that has been solved
52:16 and I I appreciate that. Um and also the
52:20 emergency removal has been clarified.
52:22 However, I think there's still one more
52:24 thing and that is when you read it, it
52:27 says um if a tree falls on a structure,
52:31 they must then replant another tree,
52:34 which seems sort of adding insult to
52:36 injury. Um so, if there's any kind of
52:39 relief that can be given for someone who
52:41 has suffered a a loss like that, then
52:45 having to pay to put a tree in seems a
52:49 little bit overkill. Um that's my first
52:52 some that's my first point is the
52:53 emergency um tree removal. Um my second
52:57 point is is I think there's still some
52:59 clarity needed around when you can
53:02 remove a tree and I um used an example
53:05 that I actually lived um I had a tree on
53:10 the it was in the NGPE so it's the
53:12 homeowners association um responsibility
53:16 but it was a tree with feeder trees
53:19 coming out of it and it used to be a
53:21 three kind of prong tree. One was taken,
53:25 one part of it was taken out way back.
53:27 The other part shattered across my
53:29 neighbor's backyard in a windstorm and
53:32 it left one upshoot. And then there are
53:35 all these little feeder trees that are
53:36 getting bigger and bigger and bigger.
53:38 Um, when you walked around the back of
53:40 the tree, it was clearly rotten. I could
53:43 I could see it. An arborist could see
53:45 it. Um, it was noted as that in an
53:47 arborist report. And for some reason it
53:51 did not reach the level of being
53:54 sufficiently hazardous or nuisances. And
53:57 I don't know this may have changed with
53:59 but it's not clear to me by reading the
54:02 code that that my tree would have um
54:05 risen to the level of having to be
54:06 removed. Um it was eventually removed
54:09 after two years of going back and forth.
54:11 Um, we finally did get agreement from
54:13 the city, but I I'm not sure why. And I
54:16 think there needs to be clarity about
54:19 when you can remove a tree, who makes
54:22 that decision, what's the criteria for
54:25 making that decision. Um,
54:28 uh, and I think that's the end of my
54:30 comments. So, I I do appreciate the the
54:33 leaps forward that we've made with the
54:35 onetoone and clarifying the emergency
54:38 part. Thank you.
54:40 Thank you. Can we have some other
54:42 members of the public?
54:45 Would either of you? Yeah. Come on up.
54:55 Connie Marsh live on squawk.
54:58 This is about the 20th time I've talked
55:00 about this particular topic. So, I'm
55:02 very tired of going over the same
55:04 information,
55:06 but I will try one more time because who
55:09 can stop me. So, the beginning of this
55:13 was about neighborhoods and going to
55:15 square footage. And I have chafed at
55:17 this from the beginning. I don't
55:19 understand. If you're in Montro, you
55:22 have this enormous
55:24 number of trees and then you have some
55:26 little lots.
55:28 Why are we not looking at the
55:30 neighborhood as a total to see if they
55:33 are accommodating their percentage for
55:35 the neighborhood? And so their
55:38 magnificent open space would allow fewer
55:42 trees in these small lots and we would
55:45 still be getting our canopy goal. But in
55:48 this code change, we're ignoring that
55:52 holistic concept of what the
55:54 neighborhoods want, where they want
55:57 their trees, and how they want to live.
56:00 And we're making this weird, you know,
56:02 differentiation in square footage of
56:07 things for redevelopment. Um, makes no
56:10 sense to me in how a normal person lives
56:12 their lives. We've talked about it over
56:14 and over. PPC actually said, you know,
56:16 it needs to be both. But the city keeps
56:20 coming down with just about the exact
56:22 same code every time. Now, replacement
56:27 trees, simple, right? You take down a
56:29 tree, you replace a tree. They say,
56:32 well, you know, if you're meeting the
56:34 canopy, well, then you have to go
56:35 through this whole rigomearroll of
56:37 canopy. Forget about it.
56:39 Make it neighborhoodwide,
56:42 one for one,
56:44 somewhere in the neighborhood. Fine. So
56:47 now the the question is,
56:51 is this thing ripe? Is it time? Are we
56:54 even having the correct conversations? I
56:57 maintain that we are not having the
56:59 correct conversations
57:00 at this point in time. If you change the
57:03 code for the central isqua area, you are
57:05 actually impacting the EIS for what the
57:10 tree coverage is supposed to be on those
57:12 lots. You're also not looking at the
57:15 recommendations from the environmental
57:17 board which did not agree with what many
57:20 presented today. If you read their
57:22 language, they said one to one
57:25 regardless of tree canopy. You know,
57:27 plant the tree, it'll die fine. So PPC
57:31 said not ripe. We need to go through
57:35 this again. We need to set it back. But
57:37 it was shoved through where the council
57:39 is supposed to make these decisions. We
57:41 are reluctantly putting it forward
57:44 because this is complicated and we don't
57:47 think it's time but you know we're done
57:48 with it. So move it along. That is not
57:51 how it was represented. So, it is it's
57:55 time to go back and look at what we are
58:00 doing per neighborhood in this town.
58:03 What we want to have happen. How do you
58:04 make it so simple that you can actually
58:07 get a permit through? I have a guy down
58:10 the street who'd waited for months for a
58:12 permit for a tree that was going to fall
58:14 on his house. He just said, "I'm cutting
58:15 her down. I don't care if I have to pay
58:17 $750 because it's going to cost more
58:20 than that because it's going to fall on
58:21 my house." So, $350 fee, fine. But the
58:26 city has its own employed arborist for
58:29 the community to use. So, they're paying
58:32 $ 350. But they get an arborist service
58:34 to tell them what they can do with their
58:37 tree. Cut her down. Have to keep it.
58:39 Limit up. Good. Paid for, right? That's
58:41 part of your permit. That's what we need
58:44 to do because they're paying the fee.
58:45 They're paying the arborist. They're
58:46 paying to cut it down. Then they're pay
58:48 trying to figure out what their canopy
58:50 is. Oh my goodness.
58:52 like hire a guy on a Sunday and cut her
58:54 down. Right? That's the only rational
58:56 answer. So, it's not ripe, not ready to
59:01 go, send her back. Thank you.
59:06 Thank you. Um, we have one more member
59:09 of the public with us. Would you like to
59:11 make any more comments? No. Uh, and let
59:14 me just check back in with our committee
59:15 clerk, too. Uh, and actually before I do
59:18 that,
59:20 um, I'm noticing some camera issues,
59:22 too. So, um, Chance, please flicker the
59:25 light if you if you need us to stop and
59:26 take a recess for anything. Otherwise,
59:28 I'm just going to keep going, but I'll
59:30 go to our committee clerk. Is there
59:31 anyone online with us at the moment?
59:33 >> No, there is no one online. We did have
59:35 a technical issue that was only for one
59:38 camera, so we should be good.
59:41 >> Like auto zooms on things. So we are I
59:44 last night too.
59:45 >> So we should be good to go right now.
59:47 >> Okay. Thank you very much for checking
59:48 on that. Um all right then we're going
59:51 to move into committee discussion. Um
59:55 direction needed is let's go to that
59:58 slide real quick.
1:00:00 Um just to review the draft of the
1:00:03 proposed amendments and finalize our
1:00:05 recommendation to the council for
1:00:06 adoption. So no particular questions we
1:00:08 want to answer, just general comments.
1:00:10 So we'll start with the council
1:00:11 president.
1:00:13 I know Connie will be shocked shocked to
1:00:16 hear this, but I absolutely agree with
1:00:19 Connie that this is not right to move
1:00:22 forward to council. I don't know what we
1:00:24 are trying to achieve with this. I don't
1:00:26 know whether or not the changes achieve
1:00:29 that. Um, and I think we really need to
1:00:34 take these two questions entirely
1:00:37 separately. One question is what do we
1:00:40 do with an existing homeowner
1:00:44 um who has a tree that needs to be
1:00:47 removed whether or not it's hazardous or
1:00:49 not. I'm looking at other cities like
1:00:52 both. If you're under 20,000 square ft,
1:00:55 you're not in a by a shoreline, you're
1:00:57 not with a critical area, you know, any
1:01:00 of those things, no permit required. So
1:01:04 I'm still not
1:01:06 understanding why when we are trying to
1:01:11 address this issue which
1:01:15 from my standpoint came up for two
1:01:17 reasons. One we put in code in 2023
1:01:22 that caused problems and two we had a
1:01:26 bomb cyclone that exacerbated this
1:01:30 issue.
1:01:32 I think we need to take a step back and
1:01:34 understand the situation that homeowners
1:01:37 and probably HOAs are experiencing with
1:01:40 the costs and the delays and the
1:01:42 requirements. And really,
1:01:47 it would take a big lift for me to
1:01:49 understand why we would want to put
1:01:52 something in place that is not similar
1:01:55 to what other cities in the area have
1:01:57 done. Um,
1:02:01 so that's my perspective when it comes
1:02:03 to hazardous and nuisance and just
1:02:06 existing homeowner situations where they
1:02:08 have trees. When we're talking about
1:02:11 redevelopment and infill development,
1:02:15 um, I really do not understand why
1:02:19 central Isaqua would be treated
1:02:22 separately. Um, I think the idea of
1:02:27 working collaborative with builders to
1:02:31 achieve something that will help the
1:02:35 community's canopy and help the look of
1:02:39 a development um, in the future and help
1:02:42 keep costs low is extremely vital. And
1:02:47 so I think that those would be the
1:02:50 elements that I would be looking at when
1:02:51 we're talking about tree code when it
1:02:54 comes to redevelopment is how do we
1:02:58 achieve those goals? And I just don't
1:03:00 see that necessarily in here. So I'm
1:03:03 very much for
1:03:06 taking on the tree code and fixing the
1:03:09 errors that we have put in place. Um,
1:03:13 but I just don't think this is
1:03:16 ready nor does it meet does it define
1:03:19 what problems we're trying to solve, the
1:03:22 outcomes we're expecting to achieve with
1:03:24 this and how this will help um community
1:03:27 members.
1:03:30 >> Thank you. Uh, Council Member Chang, go
1:03:31 ahead.
1:03:32 >> Yeah, I agree with everything that
1:03:35 Council President Walsh and Connie uh
1:03:37 said as well. I think, you know, the
1:03:39 first step in any type of process should
1:03:43 be let's define upfront what the goals
1:03:45 are and get to consensus on that. And I
1:03:47 actually looking back on this, you know,
1:03:50 I don't see those goals defined
1:03:52 anywhere. And so I think that makes it
1:03:53 really hard for us to, you know, see if
1:03:55 we're successful. We spent a lot of time
1:03:57 working on this. Um, but you know, I
1:04:01 think some of my questions around, you
1:04:03 know, does subdividing the lots impact
1:04:06 the amount of canopy that you have to
1:04:08 preserve. Um, I think that to me, you
1:04:11 know, in addition to all the other
1:04:12 concerns that were brought up, I I think
1:04:14 one of the things that we've seen is a
1:04:16 lot of these types of developments that
1:04:18 are really tall and skinny. And if for a
1:04:20 developer, you're like, "Oh, if I
1:04:22 subdivide into the smaller lot size, I
1:04:23 can retain fewer trees." that actually
1:04:26 encourages them to go in that direction
1:04:28 rather than you know some of the
1:04:29 development types that are more um
1:04:32 similar to what we see in Oldtown with
1:04:33 you know duplexes or forplexes on a
1:04:36 larger lot. So that to me is a concern
1:04:39 on the development side. I think in
1:04:41 terms of the goals you know there's a
1:04:42 few things like we want to have tree
1:04:44 canopy. We also want to make it easy to
1:04:47 follow the process for tree removal when
1:04:50 that's necessary. And I I think
1:04:53 obviously, you know, those two are going
1:04:55 to be intention because if you want to
1:04:57 have as much tree canopy as possible,
1:04:58 you're going to want to make it as hard
1:04:59 as possible to remove trees. But I think
1:05:02 the feedback that we've received from
1:05:05 basically everyone is that you know the
1:05:08 current requirements are so strict and
1:05:11 it causes kind of almost like an
1:05:13 adversarial relationship between you
1:05:15 know the residents of our community or
1:05:18 you know people in the community and the
1:05:19 government which is not something that
1:05:21 we want to have. Um so I think and just
1:05:25 given that I think maybe
1:05:28 we want to
1:05:31 I think I agree with um Council
1:05:34 President Walsh that we need to go back
1:05:35 and start with, you know, what are the
1:05:36 goals of this process and then and
1:05:40 determine is what we have now actually
1:05:42 getting us to those goals. You know,
1:05:44 we've made a lot of changes. Um, I
1:05:46 think, you know, the neighborhood thing
1:05:50 versus the lot size thing, you know, I
1:05:54 could be persuaded either way, but I do
1:05:56 think that neighborhoods that have like
1:05:58 a very significant, you know, open space
1:06:01 as part of the development like Talis,
1:06:03 you know, the example that you showed, I
1:06:04 actually live like right near there. And
1:06:07 those lots, I mean, it's like basically
1:06:08 0% impervious area. And the only tree
1:06:11 canopy that they have is from like
1:06:12 street trees and, you know, trees in the
1:06:15 um wetland that's behind the
1:06:17 development. So like the amount of tree
1:06:19 canopy that you have is basically
1:06:20 completely out of your control. Um, so
1:06:23 it's just really hard for me to
1:06:25 understand why we need to require those
1:06:27 people to have 25% tree canopy when they
1:06:30 have zero plantable area, which is fine
1:06:32 because they are near, you know, like
1:06:35 4,000 acres of basically like 100% tree
1:06:38 canopy on Cougar Mountain.
1:06:41 >> So,
1:06:42 >> could I just clarify uh one item on
1:06:45 that? Right.
1:06:45 >> So in the example of the Talis property
1:06:48 for instance, the the canopy coverage
1:06:51 won't come into play because if someone
1:06:53 that already has a developed property
1:06:55 and they have a hazardous or a nuisance
1:06:57 tree, all they need to do is replace one
1:06:59 for one. If they can't replace on their
1:07:02 property, they can pay a fee in lie of
1:07:04 which can be a tree planted somewhere
1:07:06 else within the same sub area. So, so in
1:07:09 those examples, uh, the canopy coverage
1:07:12 table doesn't come into play unless they
1:07:14 tear down the house and they're trying
1:07:15 to redevelop. Just want to make sure
1:07:17 that that f, you know, the difference of
1:07:19 when when it's applicable is is clear.
1:07:23 So, one of the objectives that this code
1:07:26 does is is adds that clarity of onetoone
1:07:30 replacement. So, which is a huge help to
1:07:33 existing homeowners and it goes to the
1:07:36 fact that you don't have to meet the
1:07:38 coverage. You know, you don't even have
1:07:40 to do onetoone replacement if you meet
1:07:42 the canopy coverage requirements. So,
1:07:44 that's a big fix for what we heard from
1:07:47 homeowners. And if council wants to not
1:07:50 change the canopy coverage percentages
1:07:51 and put that on a different path, that
1:07:54 one code amendment of doing onetoone
1:07:57 replacement and not requiring
1:07:59 replacement trees if you meet the canopy
1:08:01 coverage is going to help the existing
1:08:04 homeowners significantly. If that's the
1:08:06 goal the council wants to achieve, then
1:08:08 I think that part of the the code
1:08:10 amendment could move forward if you all
1:08:13 decide to do that.
1:08:17 I see the city administrator turned on
1:08:19 his mic. Let's go over to you.
1:08:21 >> Yes. Uh thank you, Mr. Chair, members of
1:08:22 the committee. U trees are tough in
1:08:25 Isiqua. Um we have a lot of them. People
1:08:28 value them very much. And I think that
1:08:30 the community standard that your staff
1:08:33 has been asked to enforce over an very
1:08:35 extended period of time has been uh
1:08:38 trust no one. That the tree is king.
1:08:41 That you need to make sure that we
1:08:43 protect the tree at every opportunity
1:08:46 and that the threshold should be very
1:08:48 very high for any change regardless of
1:08:51 the real world circumstance. that that
1:08:54 has been the the community standard that
1:08:55 your staff has been asked to implement
1:08:57 again over a long period of time. Um
1:09:00 what you have before you tonight as
1:09:02 you've said uh comes out of the the
1:09:05 additional business we've had over the
1:09:07 last 9 or 10 months because of the bomb
1:09:08 cyclone. Um and as many indicated
1:09:11 there's a couple pieces here uh that the
1:09:13 administration really feels strongly
1:09:15 about because we feel that will provide
1:09:17 residents relief. Uh now um but the
1:09:21 committee also has raised some serious
1:09:23 questions about the general premise of
1:09:27 how we regulate trees. You know, do we
1:09:30 trust our residents to do the right
1:09:32 thing or is the tree the king? And as
1:09:35 our staff there, not on behalf of the
1:09:37 resident, but on behalf of the tree and
1:09:40 is being here almost six years, I my
1:09:44 impression has always been that the
1:09:46 staff is there for the tree, not the
1:09:48 resident, not the property owner, not
1:09:50 the neighborhood, but for the tree. And
1:09:52 so, um, if the council feels that we
1:09:55 need to revisit this so that we take
1:09:57 into the real world examples, that's
1:09:59 great. And I think the idea of of of
1:10:01 setting um some policy questions up
1:10:04 first and have some general agreement
1:10:06 would be very helpful to us. I think
1:10:08 that's going to take some time in order
1:10:10 to go back to all of the stakeholders
1:10:11 that have already participated in this
1:10:14 process. So if the committee uh feels
1:10:18 that we do need to take a a a larger
1:10:20 look at some of the general committee
1:10:22 standards behind this, that's great and
1:10:24 we can come back with a in pretty short
1:10:26 order a process uh that won't take
1:10:29 forever but will take some time uh to
1:10:31 do. But in the meantime, there are
1:10:33 probably a couple pieces here that
1:10:36 there's general agreement on. And if we
1:10:38 can shake those loose, send them to the
1:10:40 full council, relay to the full council
1:10:42 this discussion this evening, hopefully
1:10:44 get consensus, adopt some changes, but
1:10:47 then go back and have the larger
1:10:49 discussion. I think that would be a very
1:10:51 productive way to proceed.
1:10:57 >> All right. Um, so this is going to be a
1:11:00 longer committee meeting. Um, so yeah, I
1:11:03 mean, I was also just going to Well,
1:11:04 thank you very much for kind of level
1:11:06 setting us there. I think that kind of
1:11:08 sets up the rest of the committee. I was
1:11:09 going to echo comments from the
1:11:11 committee. Just I think from my
1:11:12 perspective, it's just
1:11:15 very complex. I I think it probably gets
1:11:19 us the outcomes that we want, but it
1:11:20 just seems very complex for users and
1:11:22 for residents. And is there now a way
1:11:24 for us to have a very simple policy that
1:11:27 gets us the same outcome? And I just
1:11:28 don't know the answer to that yet. So,
1:11:30 um I would hope that we could keep hold
1:11:32 of this issue at this committee. Um uh
1:11:35 although of course I would be open
1:11:37 thoughts about going back to boards and
1:11:39 commissions though they've had several
1:11:40 touches already on these. Um so now you
1:11:43 asked the question of what are the and I
1:11:45 was going to ask this question too based
1:11:46 on what was coming up on what are the
1:11:48 things we could come to agreement on
1:11:51 that have been identified by community
1:11:53 members like the one for one replacement
1:11:55 and things like that that we could send
1:11:57 to council. Um maybe I'll just open it
1:12:00 up generally uh for any kind of general
1:12:02 comments about that. But I think I'm
1:12:03 going to need some help from staff just
1:12:05 in terms of are first and foremost are
1:12:07 you hearing
1:12:11 how do I want to frame this? Um so a
1:12:13 larger discussion is going to take
1:12:15 several months. um you and your staff
1:12:19 are the ones who have been interacting
1:12:21 with community the most in terms of what
1:12:24 policies really should bubble up and go
1:12:27 to council next month um to be
1:12:29 responsive in your eyes. What are those
1:12:32 handful of policies that are most
1:12:36 important that we should talk about
1:12:39 right now to see if there's consensus?
1:12:41 >> Sure. the existing homeowners that want
1:12:43 to take down trees, people are waiting
1:12:45 to have this new code in place. So if
1:12:48 they hear it's delayed or it's not done,
1:12:51 that could be an issue uh to be
1:12:54 explained to them uh why, you know,
1:12:56 people will need to know why and and so
1:13:00 so I think that in terms of um the
1:13:04 priority for existing homeowners, it's
1:13:06 letting them cut down and replace for
1:13:09 onetoone. If they meet the canopy
1:13:11 coverage, they don't need to uh replant
1:13:14 is priority number one. And there's a
1:13:16 lot of people waiting in line to get
1:13:18 their permits, you know, waiting to get
1:13:20 that amendment in place.
1:13:23 The along with that to make it effective
1:13:25 would be some other provisions that talk
1:13:29 about this particular table does not
1:13:32 only applies to development and
1:13:33 redevelopment and you know the the comm
1:13:36 the boards and commissions have debated
1:13:38 that I think there's general consensus
1:13:40 on your side that full canopy coverage
1:13:43 requirement only comes into play for
1:13:45 development or redevelopment. So that
1:13:47 would be number two, which is sort of
1:13:49 part of the first um first amendment. Um
1:13:54 you know, and then there were some
1:13:55 benign things that that we met with
1:13:58 tribes, they commented on it. You know,
1:14:00 if we if adding a definition, is that
1:14:03 too big a deal to delay? I mean, there
1:14:06 may be a suite of things that we could
1:14:08 that aren't controversial, aren't big
1:14:10 policy issues that that are more on the
1:14:12 cleanup side. That would be the third
1:14:15 priority that that at least we make it
1:14:17 with this first round.
1:14:19 The bigger meteor discussion that you
1:14:22 want to have more time to think about
1:14:24 would be the percentage and changing
1:14:27 that methodology to land use and lot
1:14:29 size. If you are interested in just
1:14:31 keeping that that to the neighborhood
1:14:34 scale at this point, it will come into
1:14:36 play and be problematic for new
1:14:38 development and redevelopment, but it
1:14:40 won't impact uh existing homeowners
1:14:42 wanting to take stuff down and and
1:14:44 replant and replace. That would be our
1:14:46 recommendation.
1:14:48 >> Okay. Okay. So then just so I'm
1:14:50 following kind of these three buckets.
1:14:53 First the existing homeowners bucket
1:14:54 that you're saying let them replace one
1:14:56 for one and if they meet coverage
1:14:59 already don't have to replant or do
1:15:01 don't have to replace.
1:15:03 >> Then there's the full p full canopy
1:15:05 coverage only coming into play for
1:15:07 redevelopment or development and
1:15:08 redevelopment projects.
1:15:10 >> And then some cleanup definition items
1:15:12 as well that we don't necessarily have
1:15:14 defined out before us tonight. And then
1:15:17 the meteor discussion around
1:15:19 >> the canopy coverage and whether you want
1:15:22 to provide flexibility for central
1:15:23 isquire. Yes. Oh
1:15:24 >> and then central squad too.
1:15:26 >> Those two are more meteor discussions.
1:15:28 Do you want to have some flexibility
1:15:30 beyond central isqua is what I heard not
1:15:34 have. So those two the the table based
1:15:36 on neighborhood size versus lot size.
1:15:39 Those two can be parsed out. The rest it
1:15:42 falls under those first three buckets.
1:15:45 >> Okay. So then let's go to committee real
1:15:48 quick um for general comments or any
1:15:50 comments on kind of um agreement on that
1:15:54 kind of bucket of things and pulling out
1:15:56 those meteor items. Uh council
1:15:57 president, go ahead.
1:15:58 >> Yeah, I mean I think that's a great way
1:16:01 to go forward. I would just ask I know
1:16:04 one of the things with the 2023 change
1:16:06 was to do this neighborhood idea. So the
1:16:12 because we're saying the tree canopy
1:16:15 coverage goals that table wouldn't be
1:16:18 changed in this time period. But that
1:16:22 table we're saying would only apply to
1:16:25 redevelopment. So there would still be a
1:16:28 pretty big barrier to any redevelopment
1:16:31 while we have this conversation in areas
1:16:35 the neighborhood has a large tree canopy
1:16:37 coverage. Um but for individual
1:16:40 homeowners in particular people that are
1:16:42 waiting on a permit, we feel like the
1:16:46 one toone replacement
1:16:48 um and no replacement if they meet
1:16:50 canopy coverage and having the table
1:16:52 only applying to redevelopment would
1:16:54 address correct
1:16:56 >> the immediate needs.
1:16:58 >> Yeah. And if if the council committee
1:17:00 wants to address the redevelopment and
1:17:01 development portion and add that
1:17:03 flexibility, then you could go with
1:17:05 that. Do it now, but come back because
1:17:08 one of the other things that the city's
1:17:10 part has an opportunity to participate
1:17:12 in is King County is doing a new canopy
1:17:14 coverage study. So Dan Hints and I and
1:17:18 our GIS folks have met and we're trying
1:17:21 to figure out what data can help inform
1:17:24 some of those discussions. you know, can
1:17:26 we parse out developed versus
1:17:28 undeveloped portions by neighborhood?
1:17:30 How would those can we get that fine
1:17:32 grain data that then can help inform
1:17:34 some of the policy discussions that's
1:17:37 underway? And then we can always, you
1:17:39 know, revisit this. If you if if you
1:17:42 want to address the redevelopment and
1:17:44 development flexibility in a in a way
1:17:46 because that that table is going to help
1:17:48 people instead of 73% you've got 35%. So
1:17:53 it's not ownorous for folks. It's
1:17:54 actually loosening the tree code. But if
1:17:57 you don't if you're not ready for that
1:17:59 sort of um discussion, you want more
1:18:02 thought, then our recommendation would
1:18:04 be we wait until this new data comes
1:18:06 into play and then tinker with this
1:18:09 because that may inform us uh
1:18:11 realistically can we you know what what
1:18:14 makes more sense.
1:18:16 >> Okay. Okay. So, I guess I would ask the
1:18:18 committee. I think what director Dolly
1:18:20 Well said about, you know, making a
1:18:23 change to the table for that
1:18:25 redevelopment is only going to be
1:18:28 beneficial at this time while we are
1:18:31 revisiting things.
1:18:34 I think I agree with that.
1:18:38 Um though I think they the idea of
1:18:41 simplifying everything entirely is my
1:18:44 number one goal. And I think the other
1:18:47 feedback I would put out there is even
1:18:50 if we did adopt a portion of this, what
1:18:54 I would be asking for in a future
1:18:56 conversation with the community and
1:18:59 policy goals isn't just for those
1:19:01 redevelopment sites. It's for everything
1:19:04 like how do we create the best user
1:19:06 experience and achieve our policy goals.
1:19:12 >> and that's perfectly fine. I mean, but
1:19:15 it's going to take some time and again,
1:19:19 >> this is this is a substantial change in
1:19:23 process.
1:19:24 >> Um, and so I just just want to make sure
1:19:28 that all of your colleagues are buying
1:19:30 into this and then as we go to our
1:19:32 boards and commissions, they're buying
1:19:33 into this. Um because again this is just
1:19:37 a substantial change in in process and
1:19:40 community standards probably at the end
1:19:41 of the day remains but it's a
1:19:43 substantial change in process. So if we
1:19:46 can shake loose again a few of these we
1:19:48 can repackage this um we can bring it to
1:19:52 the full council. This was planning to
1:19:54 go when
1:19:56 >> um I think we said October
1:19:58 9. What did it say? What's the date?
1:20:03 >> if we could do this, I guess we can look
1:20:05 at the calendar quickly u without coming
1:20:08 back to the committee with this
1:20:10 repackaged you know limited number of
1:20:13 things. I think that would be the
1:20:14 administration's preference. um and then
1:20:16 come back to you
1:20:19 either in October or November with a
1:20:22 plan for larger discussion and share
1:20:24 when the the first piece this comes to
1:20:26 the council share with your colleagues
1:20:28 the larger vision and just kind of get
1:20:31 their general head nod that they're okay
1:20:34 because I would hate to get through this
1:20:35 and someone say why is the city council
1:20:38 making it so easy for people to take
1:20:39 down trees don't you understand we're a
1:20:41 tree city blah blah blah I I don't want
1:20:44 it 6 months from now to have another
1:20:46 group of residents come before us and
1:20:47 say what are you doing? So,
1:20:51 >> so for the committee it sounds like then
1:20:54 there are four areas that we would move
1:20:56 forward with which is that one to one
1:20:59 replacement or no replacement if they
1:21:01 meet canopy coverage. The table only
1:21:04 applies to 50% or above redevelopment.
1:21:07 The third new one is
1:21:10 we will update the table percentages
1:21:15 and then the fourth one is clean up
1:21:16 including the landmark tree definitions.
1:21:20 So is that what
1:21:22 we have understood?
1:21:26 I guess so. I'm looking at this list of
1:21:29 amendments and in terms of the major
1:21:31 amendments,
1:21:32 you know, if we are doing the um
1:21:36 updating the table with the
1:21:37 neighborhoods, I think that's basically
1:21:39 the first two major amendments. I think
1:21:41 pretty much all the minor and cleanup
1:21:44 amendments are fine. You know, it's like
1:21:46 changes to definitions and things like
1:21:48 that. Um and then the major ones are
1:21:50 more like policy decisions of you know
1:21:54 allowing the one toone replacement. Um
1:21:56 and then
1:21:58 uh and you know giving the fee and loo
1:22:02 option all that kind of stuff. Um I
1:22:04 guess the last one on here um which we
1:22:07 haven't discussed yet is you know the
1:22:08 allowed deviation se section for central
1:22:10 Isiqua which we have you know receive
1:22:13 public comments in support of I think
1:22:15 that's something we could also revisit
1:22:16 later but is that something where we
1:22:18 want to say you know at least in the
1:22:20 interim we're okay with this
1:22:24 and it's the last one on page four um
1:22:26 says introduce tree retention
1:22:27 flexibility for properties in the
1:22:29 central isqua sub area
1:22:33 Do we want to keep preserving random
1:22:36 parking lot trees?
1:22:39 Because I think I think one thing that
1:22:41 I've been hearing is that you know this
1:22:43 is I think on on balance all these
1:22:47 amendments are better than what we have
1:22:49 right now and as long as
1:22:51 >> a lot better I should add.
1:22:53 >> Yeah.
1:22:53 >> Not just a minor but better.
1:22:54 >> Yeah. So I think what we you know what
1:22:56 we're presented with tonight is better
1:22:58 than the current state. And I think the
1:23:01 question is not is this the end all be
1:23:04 all but like should we do this now I and
1:23:06 I think you know the administration is
1:23:08 also acknowledging that we've heard from
1:23:10 our residents that we want to you know
1:23:12 continue improving but adopting this
1:23:14 code now with all these significant
1:23:16 improvements doesn't necessarily mean
1:23:18 that we're going to just stop working on
1:23:22 this.
1:23:25 >> I guess my own that's a good point. Um,
1:23:28 that's well taken. I guess my only
1:23:30 concern would be in staff time and cost
1:23:35 now implementing code in in whatever
1:23:40 we however we train staff to use and
1:23:44 apply code. So
1:23:46 it would it not be better to press pause
1:23:48 on more of this while we have deeper
1:23:51 conversations but address some of the
1:23:53 things that are immediate to avoid any
1:23:56 kind of
1:23:58 >> yeah I think from a staff's perspective
1:24:00 this clarifies a bunch of stuff
1:24:02 >> which we haven't been able to give that
1:24:05 flexibility to staff to provide that
1:24:08 answer. So this this definitely the the
1:24:11 version that you have in front of you is
1:24:13 going to help staff provide clear and
1:24:15 concise answers on questions related to
1:24:18 tree code. We are also doing internal
1:24:20 training. We've had staff turnover. The
1:24:23 individual that was doing tree permits
1:24:24 is no longer with the city. Jason has
1:24:27 been our point person and he goes out to
1:24:29 the site more often. You know he
1:24:31 actually had with an HOA um meeting with
1:24:34 Montro folks because of another critical
1:24:36 area piece. So, we're doing more on
1:24:38 field assessments with these things and
1:24:40 not just looking at what homeowners have
1:24:42 provided. We're providing more of a
1:24:43 service of helping them get to the
1:24:46 finish line, providing suggestions and
1:24:48 ideas. So, so your question of whether
1:24:51 this version will help staff, I think it
1:24:54 will immensely help staff um because it
1:24:57 clarifies so many things that are
1:24:59 confusing uh currently in the code
1:25:02 >> and it will provide immediate relief to
1:25:04 residents.
1:25:09 And so then just so it's right in my
1:25:11 head, are we still talking about the
1:25:13 kind of limited scope of changes that
1:25:15 you walked through or are you talking
1:25:17 about adopting everything that's before
1:25:19 us with a commitment to
1:25:23 revisiting soon after?
1:25:24 >> Yeah, you know, I've gone through the
1:25:25 whole list and it seems like the two
1:25:27 things that you guys want to pull out
1:25:31 probably are the table
1:25:33 >> with percentages. If you think that you
1:25:36 know live with the larger percentages
1:25:38 until you get it right uh and the
1:25:41 central isqua flexibility whether that
1:25:43 should be beyond central Isukqua to
1:25:45 other properties as well. So those two
1:25:48 are bigger meteor policy type of things,
1:25:51 but the version if you decide to go with
1:25:53 all of it will be, you know, you could
1:25:57 recommend doing this whole thing, but
1:25:59 pulling those two pieces out and getting
1:26:01 a commitment that we have a deeper
1:26:03 conversation after this new tree canopy
1:26:06 data comes in to restart that
1:26:08 conversation and figure out a more
1:26:11 fine-tuning or complete redo of those
1:26:13 tables and flexibility provisions. those
1:26:15 two seem larger policy objectives that
1:26:19 you all were were concerned about if I
1:26:21 >> So then is that Oh, go ahead.
1:26:23 >> I disagree. Um I I think this whole
1:26:26 thing is a larger policy conversation.
1:26:29 So, um I think there's just huge
1:26:32 questions here and I think city
1:26:33 administrator Bob Kutz in talking about
1:26:35 whether or not tree is king or the
1:26:38 homeowner um and resident is king really
1:26:40 approaches the level of do we have the
1:26:44 right approach here. So I I wouldn't say
1:26:47 that it's just those two areas.
1:26:51 Maybe the question I would ask in how
1:26:53 much we decide to recommend to council
1:26:56 right now is like you obviously have
1:27:00 this packaged up to us. it. I don't know
1:27:04 whether it would just take more work to
1:27:07 get this to council in a small modified
1:27:11 version versus okay, maybe we take this
1:27:17 and then we send the big question back
1:27:20 because the idea that this does help
1:27:26 existing residents that are Yeah. So
1:27:30 maybe help us understand how easy is it
1:27:32 to pull a few items out of this and
1:27:35 implement it and present that to council
1:27:38 versus taking the whole section but also
1:27:42 telling council hey we want to restart
1:27:45 this process but adopt this in the
1:27:47 meantime.
1:27:49 Yeah, obviously taking the whole package
1:27:51 is easier. Uh for sure it helps um you
1:27:55 know development and redevelopment
1:27:56 category folks uh as well. It provides
1:27:59 flexibility in central Isiqua for sure.
1:28:01 So that's the pro of that approach. You
1:28:04 know you get if you want to pull things
1:28:07 out then I think I was just skimming
1:28:09 through the 16 pages that we have given
1:28:11 to you. That's why I teased out those
1:28:13 two uh pieces. The central ESQUA we
1:28:15 would strike that out and we would
1:28:17 strike out any changes to the table.
1:28:18 keep the table as is but clarify that it
1:28:21 only applies to development and
1:28:22 redevelopment. So, those are two options
1:28:23 I'm thinking. You know, um the third one
1:28:26 is you just do very limited um thing.
1:28:31 But like Council Member Jen, you were
1:28:33 saying, the other stuff seems pretty
1:28:35 benign to me. I mean, skimming through
1:28:36 and reading through, I mean, fixing a
1:28:38 few clauses here and there that that's
1:28:40 more in the cleanup category. Um
1:28:46 in terms of Yeah.
1:28:50 No, no worries. Um, this new code also
1:28:53 creates a fee and loo tree replacement
1:28:55 which we currently don't have. Do we
1:28:58 feel like adding that when that may not
1:29:00 be the ultimate
1:29:03 um way that we address the policy is a
1:29:07 good method or something that we should
1:29:09 >> Yeah, we we allowed fee in lie of but it
1:29:12 wasn't for all sorts of situations. The
1:29:15 fee in lie of was already there. We do
1:29:16 get fee in lie of the city's been
1:29:18 collecting the money. were working with
1:29:20 parks department on where to spend it
1:29:22 and all that that's been in in even
1:29:24 under the old code that was a provision
1:29:26 >> it it really prohibited fee in Lua for
1:29:29 certain circumstances so we've broadened
1:29:31 that because we don't we can't
1:29:33 anticipate every possible scenario and
1:29:36 in some cases it they really can't plant
1:29:38 anything on site and so then they can
1:29:40 pay fee in low so we've broadened the
1:29:42 applicability of it for more situations
1:29:46 okay thank
1:29:55 All right. Yeah, I'm I mean I'm I think
1:29:57 I'm I'm thinking it might be best to
1:30:01 move forward with the two things that
1:30:03 we've identified several times now
1:30:05 removed.
1:30:07 Is that I just want to confirm that's
1:30:09 the way we're all thinking about this
1:30:11 right now.
1:30:12 >> What things removed? the the larger
1:30:14 policy questions that we've talked
1:30:16 about. So the changes uh to methodology
1:30:19 from canopy to land use and lot size and
1:30:21 then the central isqua discussion
1:30:25 >> is that option two as you had identified
1:30:31 >> is that what we're all okay with as at
1:30:34 this point
1:30:38 >> council member J go ahead
1:30:41 >> I think in terms of the central isa
1:30:43 thing I think if I think on in terms of,
1:30:47 you know, changing the table from the
1:30:48 neighborhoods to the lot sizes. That's
1:30:50 something where there's a lot of
1:30:51 unanswered questions. So, I I'm okay
1:30:53 with removing that. In terms of adding
1:30:55 flexibility for central Isiqua, I don't
1:30:57 think we want to also add more
1:30:59 flexibility somewhere else is a reason
1:31:01 for us not to add flexibility to central
1:31:03 Isiqua right now. Um especially you know
1:31:07 because we have received public comments
1:31:08 in support of this and seems like the
1:31:12 administration has heard loud and clear
1:31:14 from us many times that this needs to be
1:31:16 an ongoing conversation and we need to
1:31:17 look more into um you know allowing
1:31:19 flexibility in other neighborhoods in
1:31:21 the city. So I think the central isqua
1:31:23 piece I'm fine with keeping it in. Um,
1:31:25 you know, I don't like going back to the
1:31:28 residents h I just don't feel like I can
1:31:31 say something like the reason we didn't
1:31:33 offer you more flexibility is because we
1:31:35 think every that other people should
1:31:37 also have more flexibility. So, we're
1:31:38 hold we're keeping that from you as a
1:31:41 you know ransom so that we can get
1:31:42 flexibility everywhere. That that
1:31:44 doesn't really make sense to me as an
1:31:45 argument that we can make to the public.
1:31:47 So I'm okay with keeping um the central
1:31:50 isol flexibility and uh waiting and you
1:31:53 know holding the discussion on the lot
1:31:56 size piece until uh or lot size versus
1:31:59 neighborhoods versus whatever the case
1:32:01 may be until um you know we continue the
1:32:03 process in the coming months.
1:32:05 >> Okay. No, that's a really good point
1:32:07 actually. I think I'm comfortable with
1:32:08 that too then. Council President, you as
1:32:09 well.
1:32:10 >> Yeah. So as I understand it then we
1:32:13 wouldn't update the table. So we would
1:32:15 keep the idea of neighborhoodbased
1:32:19 targets
1:32:21 for only for things that are 50% plus
1:32:24 redevelopment. So that still stands as a
1:32:28 big thing for like Montro which says
1:32:32 each lot would have to have 67%.
1:32:37 rather than you know the new ideas um
1:32:41 which are much smaller.
1:32:47 that only applies to redevelopment, not
1:32:52 individual homeowners who are trying to
1:32:54 remove a tree because of issues.
1:32:57 >> Okay.
1:32:57 >> Yeah. Yeah. So what would happen in that
1:33:00 scenario that you all are debating would
1:33:02 be under this tree canopy coverage, we
1:33:05 would make the first a that it only
1:33:07 applies to development and
1:33:08 redevelopment, right? interior remodels
1:33:11 and tenant improvements will not are not
1:33:14 subject to this requirement. We would
1:33:15 add make that change. We would make fix
1:33:18 some of the leave some of these changes
1:33:20 planning sub area leave the table as is
1:33:27 and not add the the new table. So, but
1:33:30 we would probably add a a map of this
1:33:32 these neighborhoods cuz I think that was
1:33:34 missing from the code and so people had
1:33:36 a hard time figuring out okay where is
1:33:39 this neighborhood or whatever because
1:33:40 now the comp plan neighborhood map
1:33:43 doesn't quite you know cuz there's a
1:33:44 category called King County and so but
1:33:48 that came from uh the urban tree canopy
1:33:52 study that parks department had done
1:33:54 that's how they qualified some of these
1:33:56 neighborhoods. know um that that's
1:34:00 that's the issue with that table is that
1:34:02 it needs a map but we have a map from
1:34:04 that study. So we would put just put
1:34:06 that map uh here.
1:34:11 >> Okay. Um and perhaps then it would also
1:34:15 make sense for you and I as chair I
1:34:18 could also follow up and connect with
1:34:19 you to make sure whatever is brought to
1:34:21 council reflects the content of this
1:34:23 conversation as well. Um, but are we
1:34:25 feeling comfortable to move forward kind
1:34:28 of as we've described, amended to the
1:34:30 council with this commitment to have a
1:34:32 larger policy discussion around
1:34:35 everything we've talked about tonight?
1:34:38 Anything else you'd like to tease out
1:34:40 from the committee before we head to um
1:34:43 council on October 6th? Then yes, city
1:34:47 administrator, go ahead.
1:34:49 Well, thank you for taking the time to
1:34:51 be diligent about pieces that we can
1:34:53 shake loose because I think that's
1:34:55 helpful for residents. It's also helpful
1:34:57 for staff. And when we talk staff, you
1:34:59 know, there's one person in the field,
1:35:01 Jason Bond, who is, you know, trying to
1:35:04 do his best representing you, the
1:35:06 municipal code, to implement what is the
1:35:10 the standard and the law. So, thank you
1:35:12 for the diligence tonight. I think the
1:35:13 only other piece is what's the time
1:35:15 frame for you to start talking about the
1:35:18 bigger picture. Um you have two meetings
1:35:20 left before the council term ends. Um
1:35:24 you have a meeting in December and then
1:35:26 you have a meeting next month in October
1:35:28 which is the final review of the comp
1:35:30 plan amendments. Um I honestly don't
1:35:32 know that
1:35:32 >> and fire code fire fees
1:35:35 >> and fire fees. Um we're not going to be
1:35:38 ready for an October meeting to talk
1:35:39 about this. So, if you would like, we
1:35:42 can put this on the the the meeting in
1:35:44 December, which is currently has no
1:35:46 agenda items, uh, on December 2nd. Um,
1:35:50 to at least begin the discussion,
1:35:53 I think we can be ready.
1:35:54 >> I think I want to find out from Dan Hint
1:35:57 when the new canopy study that's
1:35:58 underway is uh, is going to be done and
1:36:02 perhaps it makes sense to wait until we
1:36:04 have new data. Well, but I think there's
1:36:06 a larger issue that the council's
1:36:08 raising that the entire process
1:36:11 >> should be streamlined. Um, and I think
1:36:14 we need to start talking about that. And
1:36:16 I think information from Dan about that
1:36:19 is is a piece of a data point that needs
1:36:21 to come to that meeting. Um but um I
1:36:24 think the council's looking at make this
1:36:26 more simple and if we are we need to get
1:36:29 some parameters so that we can start the
1:36:31 year going back to boards and
1:36:33 commissions seeing if there's any change
1:36:35 in policy from a new mayor and council
1:36:38 um and be ready to go. So we I think can
1:36:41 commit to be ready in December to at
1:36:43 least provide a a framework to start a
1:36:47 discussion recognizing that it's not a
1:36:49 one meeting discussion.
1:36:51 >> Yeah. No, I think that makes sense then.
1:36:53 And then let me ask you this. Last night
1:36:55 we had a conversation around long-term
1:36:57 planning, prioritization. Given that
1:36:59 framing in December, would tonight's
1:37:03 conversation impact
1:37:05 um planning? Yeah,
1:37:06 >> it might. And we'll and we'll go back
1:37:08 over the next several weeks,
1:37:10 >> okay,
1:37:10 >> and sort through that. Um again, you
1:37:13 know, my sense is this is this is a
1:37:15 major shift. It's not it's not an
1:37:18 impossible one, but I think this idea
1:37:21 that easier is better
1:37:25 is is a hard one for trees in the city
1:37:27 of Esqua. And so, let us take some
1:37:30 opportunity. We'll we'll even before you
1:37:32 see this in December when we come back
1:37:34 to you for the budget, if for some
1:37:35 reason we think there's resources
1:37:36 needed, we'll we'll we'll put that into
1:37:38 the budget discussion. But otherwise,
1:37:40 uh, we would commit to come back on
1:37:42 December 2nd
1:37:44 to to continue the larger conversation.
1:37:47 >> Okay.
1:37:49 Very good. Oh, is this the the map you
1:37:51 >> This is the map from the canopy study uh
1:37:53 that that was used in the first 2023
1:37:56 update that has um how you know what
1:38:01 these percentages are. So you can kind
1:38:03 of see
1:38:05 Talis is 73, but it doesn't parse out
1:38:08 developed area versus non-developed
1:38:10 area. So what we're trying to do with
1:38:12 the new canopy study that Dan is going
1:38:14 to assist in King County and we're
1:38:16 partnering with others is to get more
1:38:18 fine grain data of Inelis 73%
1:38:22 you know here are the undeveloped
1:38:24 protected spaces that have 90% here's
1:38:28 the developed portion and what's the
1:38:30 percentage there and that can then
1:38:32 inform what makes sense um for us. So
1:38:35 that's why I was suggesting perhaps we
1:38:38 get that data that may shed some more
1:38:40 light about the right percentages if we
1:38:42 want to stick with the neighborhood
1:38:43 methodology.
1:38:46 >> Okay. Thank you.
1:38:48 >> Um any other kind of closing comments on
1:38:50 this from council?
1:38:52 >> Can we have a motion?
1:38:53 >> What's that?
1:38:54 >> Do we have a motion?
1:38:55 >> Do you need a motion tonight or
1:38:58 >> Absolutely.
1:39:00 >> And I'm saying we won't put it on
1:39:02 consent.
1:39:02 >> We can give you a motion. Yeah.
1:39:05 >> So, don't want to take a minute.
1:39:08 >> Uh, sure.
1:39:09 >> Yeah. Do you want to take
1:39:09 >> Why don't we get Can we have five
1:39:11 minutes?
1:39:11 >> Yeah. Okay. We're going to take a 5m
1:39:13 minute break uh 5m minute recess to come
1:39:15 up with a motion and we'll come back in
1:39:17 5 minutes to to read that out. Thank
1:39:18 you. Thanks.
1:39:29 >> Right. And we'll talk.
1:39:30 >> I move
1:47:32 Sorry,
1:47:44 >> Chance. Ready?
1:47:45 >> Yeah, Chance, I think we're ready to get
1:47:47 going again. If you flash the on air for
1:47:49 me, I'll know we're ready to go.
1:47:51 Perfect. Wow. How do you do that so
1:47:53 quick?
1:47:54 >> All right, we are back from recess with
1:47:56 a motion uh in front of us. Um, so, um,
1:47:59 I will read it off and then we can make
1:48:02 some comments on it if we have any other
1:48:04 remaining comments that we'd like to
1:48:05 make. Uh, so I move to forward the
1:48:07 proposed draft tree code to city council
1:48:09 for final adoption amending Isiqua
1:48:12 Municipal Code 18.812
1:48:15 as shown in the exhibit C in the agenda
1:48:17 packet except no changes to the existing
1:48:20 18.812.060
1:48:22 tree canopy coverage table.
1:48:27 Do you need a second?
1:48:28 >> I would imagine we need a second.
1:48:29 >> Yeah. Second.
1:48:30 >> All right. So, then we have a first and
1:48:32 a second and a motion on the table. Uh
1:48:34 any comments from committee that we'd
1:48:37 still like to Yeah, Council President,
1:48:38 go ahead. Yeah, I just want to clarify
1:48:40 and just make sure that the feedback
1:48:43 that we are providing here is that while
1:48:45 we don't agree with the approach of this
1:48:49 code, it does get us to a point in the
1:48:54 interim while we re-evaluate our entire
1:48:56 approach to tree code to help out
1:48:59 certain homeowners who have been waiting
1:49:00 on these tree permits. And it allows
1:49:03 staff to have the clarification so that
1:49:06 instead of doing a 1:7 replacement, you
1:49:09 can do a 1:1 replacement and other
1:49:11 things that are just kind of emergency
1:49:13 or urgent and changes while we bring
1:49:17 back this entire question of how do we
1:49:21 approach tree canopy and tree
1:49:24 replacement and permitting and other
1:49:27 things so that we better kind of have a
1:49:30 comprehensive conversation
1:49:32 about who is king and how what staff
1:49:37 should be um protecting in those cases.
1:49:39 So that's the the feedback I would
1:49:41 provide on that.
1:49:44 >> Thank you. And you know I think um Oh,
1:49:47 did you want to go first? Go ahead,
1:49:48 Council Member J.
1:49:49 >> Yeah, I guess I would agree with what
1:49:51 Council President Walsh said. You know,
1:49:53 it seems to me like a lot of this code
1:49:55 came about in response to resident
1:49:56 concerns. It seems like passing this,
1:49:59 you know, moving this forward to council
1:50:00 now will help resolve a lot of, you
1:50:02 know, urgent and timely issues. And we
1:50:05 want to make it very loud and clear to
1:50:06 everyone that we hear what people have
1:50:08 to say that the current approach is
1:50:10 still overly complicated. You know,
1:50:13 there's like three different times when
1:50:15 you might need to refer to tree code and
1:50:17 we use totally different things like
1:50:18 number of trees or canopy coverage or uh
1:50:22 you know, diameter, breast height. So
1:50:24 it's like is there a way that we can
1:50:26 just make it actually simple to
1:50:28 understand instead of needing to have
1:50:30 like a 100step flowchart. And so that's
1:50:33 kind of the approach that I'd like to
1:50:34 see us take, you know, moving forward.
1:50:36 That said, I think this, you know, the
1:50:39 motion that's at hand simplifies things
1:50:42 for our staff and allows more
1:50:44 flexibility to a lot of um, you know,
1:50:48 our homeowners and folks that are uh,
1:50:50 using our tree code. So I think we
1:50:53 should move this forward right now. But
1:50:55 also, you know, we need to continue the
1:50:58 discussion and kind of start from first
1:50:59 principles of what is the goal of the
1:51:01 tree code here. Is it to protect trees
1:51:04 at all costs or is it to, you know, make
1:51:07 sure that we can have a safe community
1:51:11 um or balance, you know, have a balance
1:51:14 between the goals of tree preservation
1:51:16 versus safety to life and property and
1:51:19 resident experience?
1:51:24 Yeah, thank you. Um, first of all, thank
1:51:26 you, Director Dollywal and city
1:51:28 administrator Bob Quiz for navigating us
1:51:30 through this um this challenging
1:51:33 discussion tonight. Um, I want to um nyx
1:51:38 the king argument and I think balance is
1:51:41 the right word here. You know what we're
1:51:43 it's a difficult conversation, right?
1:51:45 We're trying to find the balance between
1:51:47 our eye cap goals, our tree canopy
1:51:50 coverage goals, and not being too overly
1:51:53 burdensome or ownorous on residents in
1:51:56 the city, right? And that's a sliding
1:51:57 scale. The policy question is simply not
1:52:00 left or right, but right where does that
1:52:03 sit on the scale, right? So I think it
1:52:05 makes sense for us to um as you've
1:52:07 highlighted to us correct what needs to
1:52:10 be cor corrected right now for people
1:52:12 who are waiting and for some of the
1:52:13 issues that have been identified by code
1:52:15 users but also be able to take a step
1:52:18 back and say how do we make this uh
1:52:19 simpler moving forward and uh I'm eager
1:52:22 to having that kind of framework uh
1:52:24 conversation in in December and better
1:52:27 understanding how we can then have that
1:52:28 fuller conversation uh going into next
1:52:31 year. I do just want to say too,
1:52:34 as we heard tonight, this has had many
1:52:37 touches with different community boards
1:52:38 and commissions and this is a very
1:52:40 different um vision that we're talking
1:52:43 about here tonight. Um and I would hope
1:52:46 um that no none of the boards or
1:52:48 commissions think that we are neglecting
1:52:50 their work here. Of course, we're not
1:52:52 doing that. um this is something that we
1:52:55 just need to get right and and so the
1:52:57 committee is wanting to um to push a
1:53:00 little bit on this and make sure we're
1:53:01 all on the same page on in terms of what
1:53:04 are our future goals here and being more
1:53:06 simple and I and I would imagine that
1:53:08 we're all on the same page there. So
1:53:10 anyways again thank you. We have a
1:53:11 motion um in a second on the table.
1:53:14 >> I want to make sure I explain one thing
1:53:16 clearly. So, uh, the onetoone
1:53:19 replacement, um, if you have a hazardous
1:53:22 tree in an existing property, right? But
1:53:24 if you meet the percentage canopy
1:53:26 coverage goals, you don't have to do
1:53:28 that. That's in in the code. However,
1:53:30 with not changing this table, those
1:53:33 percentages are going to be higher. So
1:53:35 for instance, if you live on Squawk
1:53:37 Mountain and currently the code says 63%
1:53:42 canopy coverage. So in order to not do
1:53:45 replacement, you would have a 63%age
1:53:49 thing that you have to show. Under the
1:53:51 new proposed code, if you were, you
1:53:53 know, it could vary from 30% to 40 40%
1:53:57 depending on the size of your lot. So,
1:54:00 it's it's not going to there's a little
1:54:02 bit of um a thing for existing
1:54:04 homeowners, the higher bar if we don't
1:54:07 make the change to the to the table.
1:54:09 Just wanted to make sure that folks
1:54:11 understood the nuance of that. Um
1:54:14 >> I think that's clear. I'll just double
1:54:16 check. I'm seeing nods here cuz there's
1:54:18 the broader conversation we'd like to
1:54:19 have as tree canopy as that kind of
1:54:22 measuring or is the yard stick. Is that
1:54:24 really the right yard stick anyway? So I
1:54:27 think it's the direction you're hearing
1:54:29 from council is stick with the existing
1:54:31 percentages there
1:54:33 >> higher. So it's less
1:54:35 >> helpful for existing homeowners because
1:54:37 there'll be more replacements needed for
1:54:40 removals.
1:54:42 >> Yes. But one for one replacements
1:54:43 instead of one for
1:54:45 >> but but I think the argument you're
1:54:47 going to get get is my tree is fully
1:54:50 >> lot you know
1:54:51 >> um covered with trees. Why do I have to
1:54:53 replant? We do have some some of those
1:54:56 circumstances that were going to be
1:54:59 helpful if with a lower percentage they
1:55:01 didn't have to replant.
1:55:03 >> Mhm.
1:55:03 >> So there's there's just wanted to be
1:55:06 sure that not changing the percentage is
1:55:09 a little bit problem for some folks.
1:55:12 >> May I ask a question?
1:55:13 >> You may. Go ahead.
1:55:14 >> So if you can't put it on your lot under
1:55:17 what's now been proposed, you have to go
1:55:20 pay $1,000 still.
1:55:22 >> That's correct. Okay.
1:55:26 So, I know a homeowner in Squawk
1:55:28 Mountain
1:55:29 is waiting for this. And I think how
1:55:32 you've explained it to him, that
1:55:33 homeowner is still
1:55:36 burdened because that homeowner has no
1:55:39 other place to put a tree and now we'll
1:55:42 have to still do the the one forone
1:55:45 replacement and we'll have to spend the
1:55:47 $1,000 or pay for a tree to go in public
1:55:50 property.
1:55:52 So just anecdotally.
1:55:59 >> So
1:56:01 if we adopt
1:56:03 the table
1:56:05 change,
1:56:06 >> correct?
1:56:08 >> It changes us from a neighborhood area
1:56:13 >> lot size.
1:56:14 >> Yeah. So, anyone living on Squawk
1:56:17 Mountain that has a lot size of 5,000 to
1:56:19 10,000 square ft would only need to show
1:56:22 35% canopy coverage and not have to do
1:56:25 replacement versus 63
1:56:28 under the if you don't change the the
1:56:30 table.
1:56:32 So, it doesn't solve the problem for
1:56:34 existing homeowners completely by not
1:56:36 changing the table. I just wanted to
1:56:39 make sure that we
1:56:40 >> and the thing is I'm trying not to make
1:56:42 things overly complex by changing to a
1:56:46 certain type of land use and a certain
1:56:48 type of lot size and a certain
1:56:50 percentage of canopy coverage and and
1:56:53 and it it's it's a lot of
1:56:59 requirements and pieces to understand
1:57:01 compared to just a neighborhood by
1:57:05 neighborhood tree canopy. And so I guess
1:57:10 second piece of that is how long are we
1:57:12 talking on this um for
1:57:16 >> I mean it'll have to go through the
1:57:18 whole process again. We have to do
1:57:19 anytime we change regulations we have to
1:57:21 do SEPA again. We have to give a 60-day
1:57:24 notice to Department of Commerce.
1:57:26 >> We have to go through all the the you
1:57:29 know boards and commissions. So it's not
1:57:31 going to be immediate at least a 4 month
1:57:33 process to just meet the basic checks
1:57:41 >> that's also going to delay some other
1:57:43 you know like so we'll have to
1:57:45 prioritize if if this is an more of a
1:57:48 priority at that point. So the concept
1:57:52 is right now while it gives them the
1:57:55 ability to
1:57:58 get their permit, cut down a tree that
1:58:01 is necessary and replace one to one. If
1:58:05 that particular lot would not be able to
1:58:09 house an additional tree, then they
1:58:12 cannot get the permit
1:58:16 uh cut down a tree unless they're
1:58:18 willing to spend the $1,000.
1:58:22 >> It's correct. And so the similar example
1:58:24 for Talis neighborhood, someone has an
1:58:27 existing hazard tree, they would have to
1:58:29 replant that or pay $1,000 because
1:58:32 they're not going to be able to meet
1:58:33 73%. Which is what we had highlighted
1:58:36 that that was a problem. These
1:58:38 percentages didn't work on a parcel by
1:58:40 parcel basis.
1:58:49 I guess this one is tough cuz I think
1:58:54 you know just switching to the canopy
1:58:58 coverage like the table with a different
1:59:00 use cases.
1:59:02 I don't I mean that's like changing what
1:59:04 we're basing that's like a bigger policy
1:59:06 decision than I think even the
1:59:08 percentages by neighborhood. Um, and I
1:59:11 do see there's a crossed out change to
1:59:13 talis that lowers it from 73% to 28%.
1:59:16 Interesting. Um, but
1:59:21 I guess my other question which I asked
1:59:23 earlier was, you know, the tree permit
1:59:25 fees. Are we thinking of
1:59:30 revisiting the fee in L for replanting a
1:59:32 tree? Cuz $1,000 is quite a lot of
1:59:37 money.
1:59:38 Well, that's that's a we had just gotten
1:59:41 that estimate. That's how much it costs
1:59:43 between the the tree cost and the labor
1:59:46 and maintenance cost. So, it's a bundled
1:59:48 rate for maintenance and so the city has
1:59:52 to take on planting, maintaining and all
1:59:55 that.
2:00:04 Yeah. I guess I just in terms of the
2:00:07 canopy coverage, it seems like,
2:00:11 you know, most of the times when people
2:00:13 are going to have to meet these is
2:00:14 essentially when you're doing
2:00:15 development on some kind of law and
2:00:17 we're not differentiating between at the
2:00:19 at least at this point, we don't have
2:00:20 good enough data to differentiate
2:00:22 between canopy coverage on that's on,
2:00:26 you know, individual lots versus that's
2:00:27 like in the public right away or on, you
2:00:30 know, undeveloped land. So, if we decide
2:00:33 to change the numbers in this table, is
2:00:36 that also something that would go
2:00:37 through the whole six-month process?
2:00:39 >> That's correct. poof.
2:00:47 So if your goal is to help the existing
2:00:50 homeowners in the interim until we get
2:00:53 the new data for the canopy coverage, my
2:00:55 recommendation would be to make the
2:00:58 changes in the table with a
2:01:00 recommendation to council to prioritize
2:01:03 this work.
2:01:05 As soon as we get the new canopy
2:01:07 coverage data, then we have a more, you
2:01:10 know, focused discussion about approach
2:01:12 one, leave it on the neighborhoods. Now
2:01:14 we have this data, we can just simplify
2:01:16 it, create a neighborhood map and come
2:01:18 up with a percentage that takes into
2:01:21 account developable land. Option two,
2:01:24 you know, keep this land use category
2:01:27 and and by the time between this change
2:01:30 and that we would have implemented it.
2:01:33 And you know if I mean it's it's pretty
2:01:35 standard for folks to know you know I
2:01:37 want to add my deck what's my zoning and
2:01:40 what are my requirements. People are
2:01:42 used to calling the city to get those
2:01:44 sort of uh information. So I imagine it
2:01:47 it's the same thing. you know, what's my
2:01:49 percentage? What, you know, we give us
2:01:51 your address and we'll look it up and
2:01:53 tell you what's your zoning and then we
2:01:56 can create website stuff, you know,
2:01:58 behind the scenes where they can add
2:01:59 their address and they can look up their
2:02:01 zoning and their percentage. So we can
2:02:03 work on the on the tools and the
2:02:06 implementation part to make this easy
2:02:08 for folks to understand as well uh until
2:02:11 we have a more robust discussion.
2:02:18 >> Council president.
2:02:20 >> Yeah. I mean I I don't love the idea. I
2:02:23 don't know where any of these numbers
2:02:24 came from or anything but
2:02:28 I guess if what we are faced with here
2:02:31 is trying to
2:02:33 deal with problems that we have created
2:02:37 with our code. Um
2:02:42 adopting the full thing
2:02:46 is probably better. I don't like it. I
2:02:50 don't like it at all, but it
2:02:55 keeps from
2:02:57 half-solving an issue that residents are
2:03:00 currently facing. So,
2:03:07 >> council member Jane, go ahead. Yeah, I
2:03:10 mean I don't think this is great, but
2:03:13 you know, to uh the city administrator's
2:03:15 point, there's some residents right now
2:03:17 who are, you know, facing the prospect
2:03:19 of having to pay $1,000 to replant a
2:03:22 tree when they already have 45% tree
2:03:24 canopy on their lot, which is very
2:03:26 significant. So, I think,
2:03:29 you know, we can we can adopt this for
2:03:32 now. Obviously, it's not great and we
2:03:34 want to revisit it, but we can do that
2:03:37 later. and give some folks relief for
2:03:41 the next 9 months before we as we go
2:03:45 through this journey yet again.
2:03:48 >> And just be clear that that is what
2:03:49 you're suggesting that the committee go
2:03:51 with the original recommendation to move
2:03:54 the full thing forward.
2:03:56 >> I I believe so because that will you
2:03:57 know like um Council President Walsh
2:03:59 said if you if you're trying to solve
2:04:01 the problem for the homeowners then
2:04:02 halfolving it won't get the the results.
2:04:05 So if the issue is to make it easier for
2:04:07 homeowners, then yes, that would be a my
2:04:09 recommendation.
2:04:10 >> And you wouldn't have any concerns?
2:04:15 You described like how we can make it
2:04:17 easier and um easier to understand for
2:04:21 ease of use concerns. We'll work on
2:04:23 that.
2:04:23 >> You're not concerned about cost or
2:04:25 implementation of anything like that?
2:04:26 >> No, I think that should be pretty
2:04:27 straightforward. Yeah.
2:04:29 >> Okay.
2:04:29 >> Yeah.
2:04:31 What kind of amendments would we need to
2:04:33 make to the motion that is currently on
2:04:35 the table?
2:04:37 >> That's
2:04:37 >> Sorry, we can't we can't take public
2:04:39 comment anymore in the rest of this
2:04:40 meeting. I apologize about that. We have
2:04:44 we have an agenda that lists public
2:04:45 comment at the beginning and and after
2:04:48 council question and answer and then we
2:04:49 can't take comments. My apologies.
2:04:54 >> So, I move to forward the proposed to
2:04:56 city council for final adoption as shown
2:04:59 in exhibit. And so you would just take
2:05:00 out the the last part out.
2:05:12 >> So we have a motion on the table with a
2:05:15 second. How do we adjust that to
2:05:19 >> I think as the motion maker I can just
2:05:21 accept this as a friendly amendment. And
2:05:24 were you the second?
2:05:25 >> You agree?
2:05:26 >> Yep.
2:05:26 >> Okay. Then let's strike that and then we
2:05:30 have an amended motion. Does that all
2:05:33 sound right to our committee clerk? I
2:05:36 think so.
2:05:37 >> Um
2:05:38 >> yes.
2:05:39 >> Okay.
2:05:41 So then we have an amended motion on the
2:05:43 table. Any other final comments before
2:05:45 we take a vote?
2:05:49 Nothing. Okay. Uh all those in favor say
2:05:51 I. I.
2:05:52 >> I.
2:05:53 >> Any opposed? Any abstensions? All right.
2:05:55 And that passes 300. Again, thank you
2:05:58 very much for walking us through a very
2:06:00 challenging um discussion. We are moving
2:06:02 forward this um to the council and I
2:06:04 will have um some heavy comments and
2:06:07 remarks, not heavy, but uh extensive
2:06:10 comments and remarks for um the council
2:06:12 at that October 6th meeting as well. So,
2:06:15 any any final remarks that um either of
2:06:18 you would like to share with the
2:06:19 committee?
2:06:19 >> No, I think we heard your feedback. Um
2:06:21 we'll take that uh to task. So, as we
2:06:24 work through the new uh canopy coverage,
2:06:27 you know, the idea being it's simple,
2:06:29 it's clear, the flexibility, you know,
2:06:32 should exist for everyone. So, we'll
2:06:34 we'll keep thinking about those as we
2:06:36 package this for further conversations
2:06:38 with boards and commissions in the
2:06:40 future.
2:06:41 >> All right. Thank you very much. Um, all
2:06:44 right. So, that concludes that item
2:06:47 then. So, the next item on our agenda is
2:06:50 announcements. Um any announcements by
2:06:53 committee. Um all right. Then our next
2:06:56 meeting is scheduled for October 7th
2:06:58 which is my birthday. Um and the
2:07:01 preliminary agenda which I will be
2:07:03 thrilled to talk about on my birthday
2:07:05 are COM 0173 the fire code permit fee
2:07:08 increase and epher budget and comm 0177
2:07:11 the 2025 comprehensive plan amendments
2:07:13 and reszone. So a light meeting. Um, so
2:07:17 there being no further business uh
2:07:19 before this committee, then we are
2:07:20 adjourned at 8:40 p.m. And thank you all
2:07:22 for tuning in.

Motions and votes (1)

Forward the proposed draft tree code to City Council for final adoption, amending Issaquah Municipal Code 18.812 as shown in the Exhibit C in the agenda packet. The motion carried 3-0. The item was scheduled to be brought before the City Council at their October 6, 2025 Regular Meeting. Other Commit…
Moved by (main motion as amended) · seconded by
Carried 3-0