CITY OF MEDINA OFFICE OF THE HEARING EXAMINER

Transcription

1 CITY OF MEDINA OFFICE OF THE HEARING EXAMINER Application for Tree Trimming in the ) T-2884 Public Rights-of-Way ) ) FINDINGS OF FACT Asplundh Tree Expert Company, agent ) CONCLUSIONS OF LAW for Puget Sound Energy, Applicant ) AND DECISION ) FINDINGS OF FACT 1. Asplundh Tree Expert Company, as the agent of Puget Sound Energy, has filed an Application to allow tree trimming in the public rights of way along NE 28 th Street and along Overlake Drive East in the City of Medina. Tree trimming is proposed on the south side of NE 28 th Street between Evergreen Point Road and 8055 NE 28 th Street. Seven utility poles will be replaced on the south side of NE 28 th Street. Tree trimming is also proposed on the east side of Overlake Drive East between 432 and 446 Overlake Drive East. One utility pole on Overlake Drive East will be reset or replaced to straighten the angle of the pole. (Exhibit A) 2. The trees proposed for trimming have been tagged with red and white vinyl tape to identify them for the public. The Director of Public Works, Joe Willis Sr., has verified that the trees and limbs proposed for trimming are growing in the public rights-of-way. (Exhibit H) Property owners along the route have been notified of the proposed trimming by the posting of Notices of the Application and Public Hearing, mailing of Notices and publication of the Notices in The Seattle Times. (Exhibit E) Additional advance notice will be given to adjacent property owners at least seven days before trimming begins near their property 3. Adjacent properties along the south side of NE 28 th Street are zoned R-16. Bellevue Christian School is located along the north side of NE 28 th Street from Evergreen Point Road to 80 th Avenue NE. Properties on the north side of NE 28 th Street, east of 80 th Avenue NE, are zoned SR-30 / PLUD. Properties along the east side of Overlake Drive East are zoned R-20. Properties along the west side of Overlake Drive East are zoned R Asplundh Tree Expert Company (Asplundh) is certified by Puget Sound Energy as a contractor for tree trimming services in the secondary power and communications zones. Asplundh is a Washington State licensed and bonded tree service contractor. (Exhibit A) 5. Asplundh has filed a Tree Work Inventory (Exhibit C) which shows the location, size and species of the trees to be trimmed. The parcel maps used to describe the proposed work include the tax parcel numbers of properties adjacent to proposed T City of Medina

2 trimming sites and the utility pole locations along NE 28 th Street and Overlake Drive East. 6. Tree trimming work will comply with ANSI Standard A300 as required by the Medina Municipal Code (MMC). It is a goal of the Medina Comprehensive Plan Utilities Element to minimize aesthetic and environmental impacts caused by utility services. (UT- G2) Professional tree trimming using ANSI Standards with a maximum canopy removal of 25% will meet this goal. No tree removal is proposed for this project. Tree trimming is required to maintain and improve the efficiency, reliability and/or capacity of utility facilities and services. (Comprehensive Plan Policy UT-P1) 7. Trimming and pruning of tree limbs and branches will occur within the Clearance Zone for utility lines, a ten foot diameter area centered on the overhead utility lines, along a 2200 route on the south side of NE 28 th Street and along a 500 route on the east side of Overlake Drive East. Asplundh anticipates that it will take a two or three person crew about 5 to 8 days to complete the proposed work. City Staff has recommended that work times be restricted on NE 28 th Street between Evergreen Point Road and 80 th Avenue NE on Monday to Friday to protect school children going to and from Bellevue Christian School. Work times will be restricted on NE 28 th Street east of 80 th Avenue NE to the hours of 7:30am to 5:00pm to minimize neighborhood disturbance and traffic congestion. Trimming work will be restricted to the hours of 8:30am to 3:30pm along Overlake Drive East to reduce traffic impacts during commuter hours. Normal traffic flow will be disrupted during work activities. An approved traffic management plan will be required before tree trimming activities begin. The traffic management plan must be submitted to the Medina Public Works Director and the Medina Police Department for approval. The plan will conform to the traffic control procedures recommended by the Washington State Manual on Uniform Traffic Control Devices Work Zone Traffic Control Guidelines. (Exhibits A & D) 8. Tree trimming that complies with ANSI Standard A300 will not cause unnecessary mutilation or damage to trees. Asplundh will use vegetation best management practices to perform its tree trimming work. Work that complies with these guidelines will use hazard reduction, improvement of tree structure and improvement of tree health as the objectives of the pruning. The City s Tree Consultant has identified 3 areas where proposed pruning may be excessive. (Exhibit F) The Applicant has agreed to use side pruning rather than crown reduction at those locations to avoid exceeding the 25% canopy removal threshold. (Exhibit A, page 4) Any trimming that exceeds the 25% of canopy removal threshold must be approved in advance by the City Tree Consultant. The tree trimming proposed for this project will not unreasonably interfere with the adjoining property owner s use and enjoyment of the right-of-way. The tree trimming will have limited impact on existing landscaping or shade, landscape aesthetics, existing erosion control or noise control for adjacent properties. All significant trees will be retained in the rights-of-way. Compliance with tree trimming standards will be verified by the City s Tree Consultant when the work has been completed T City of Medina

3 9. Equipment operation will increase noise levels during work activities. Noise levels will be maintained within the threshold limits allowed in MMC Debris from the tree trimming will be removed for disposal at an off-site facility. 11. The viewed the proposed sites for tree trimming before the public hearing on February 28, Public notice postings had been removed prior to the hearing. The determined that inadequate public notice had been given before the scheduled February 28 hearing. The hearing was continued to allow new posting, mailing and publication of notice for the public hearing on this Application for Tree Trimming. The again visited the proposed sites for tree trimming on March 21, Notices of the hearing were posted along NE 28 th Street and Overlake Drive East. Declarations of Posting and Mailing were filed by City Staff (Exhibit E). A new Notice of Public Hearing was published in The Seattle Times on March 3, The public hearing on this Application was held on March 21, 2011 at St. Thomas Church music room. The March 21st hearing was attended by Robert Grumbach, Director of Development Services, Kristen Kissinger, City Planning Consultant, Tom Early, City Tree Consultant, Joshua Mallam, Asplundh Tree Experts Company, Steve Goetz, Asplundh Tree Experts Company and Arthur Dietrich, a resident of Medina. 12. The following exhibits were admitted into the hearing record: A. Staff Analysis and Recommendation Tree Trimming in the Public Right-of- Way, prepared by Tom Early, Medina Tree Consultant, dated 02/17/11 B. Application for Trimming of Trees in the Public Rights-of-Way, filed by Ben Blocker for Len Reiman, Asplundh, on behalf of Puget Sound Energy, dated 11/10/10 C. Tree Work Inventory and Parcel Maps, dated 9/21/10 (17 pages) & 11/24/10 (3 pages) prepared by Len Reiman / Ben Blocker. D. T-2884 Work Summary prepared by Asplundh E. Notice of Application, dated 12/23/10; Declarations of Posting, Mailing and Publishing Notice of Public Hearing, dated 03/03/11 F. Three colored photos by Tom Early showing trees at 446 Overlake Drive East, 8043 NE 28 th Street and NE 28 th Street at Evergreen Point Road where the City has concerns about canopy loss. G. Puget Sound Energy pole replacement plan for NE 28 th Street, dated 08/10/10 H. from Joe Willis Sr., Director of Public Works, verifying tree locations in the rights-of-way, dated 03/08/11. I. from Kay Bowman to Tom Early re tree trimming on NE 28 th Street, dated 03/17/11. J. Sign-in sheets for public hearings on 2/28/11 & 3/21/11 CONCLUSIONS OF LAW 1. This matter is properly before the under jurisdiction established in MMC , MMC (C) and MMC (I). Adequate legal notice was given to the public prior to the public hearing held on March 21, 2011 at T City of Medina

4 St. Thomas Church in Medina in compliance with the notice provisions of MMC and MMC MMC requires a public or private utility to first obtain a nonadministrative right-of-way tree trimming permit before doing any tree trimming, pruning and/or tree removal in the City rights-of-way. MMC lists the conditions for approval of a tree trimming or removal permit. A right-of-way permit is also required for work activities in the public rights-of-way. 3. Puget Sound Energy(PSE) is a Washington State regulated utility that has a franchise to use the public rights-of -way in Medina for electric utility poles and transmission lines. Asplundh is a Washington State bonded and licensed tree service company that has contracted with Puget Sound Energy to perform vegetation trimming and removal to help maintain the PSE designated Clearance Zone for utility lines. 4. MMC (A): An application for a permit shall not be approved unless the application is compatible with the intent of the comprehensive plan. This tree trimming is required for maintenance of the utility services along the rights-ofway. Utility poles along NE 28 th Street are in need of replacement. Existing poles will be replaced by new poles in the same locations. Puget Sound Energy is the utility company which supplies electrical power to the City of Medina. The new poles will upgrade existing facilities to maintain and improve the efficiency and reliability of the existing service. This tree trimming and utility pole replacement project is consistent with the goals and policies of the Utilities Element of the Medina Comprehensive Plan. The tree trimming will be kept at a minimum to maintain the informal, natural appearance of Median city streets and minimize aesthetic and environmental impacts on adjacent properties. The tree trimming methods will conform to the ANSI Standard A300 guidelines and are consistent with PSE guidelines for utility clearance and maintenance. This Application is compatible with the intent of the Comprehensive Plan. 5. MMC (B): An application for a permit shall not be approved unless the application is consistent with the public interest in maintaining an attractive and safe environment. All proposed tree trimming will follow ANSI Standard A300 guidelines for utility vegetation removal best management practices. The tree trimming is necessary to remove vegetation encroachment into the utility clearance zones for public and private utilities. This clearance zone is necessary to maintain safe conditions for Puget Sound Energy installation and maintenance crews. The work will be performed by licensed tree trimming experts who are certified by Puget Sound Energy to work in the clearance zone for PSE utility lines. The tree trimming activities will be limited in school zones to protect children coming to and from school. Traffic impacts will be controlled through an approved traffic management plan, to reduce congestion and enhance traffic safety. A permit to allow tree trimming in the public rights-of-way to facilitate utility pole replacement and utility line clearance is consistent with the public interest in maintaining an attractive and safe environment. T City of Medina

5 6. MMC (C): An application for a permit shall not be approved unless the application has no materially detrimental effects on nearby properties. This project will be monitored by the City Tree Consultant. All trimming will comply with ANSI Standard A300 guidelines which use hazard reduction, improvement of tree health and improvement of tree structure as criteria for pruning. Tree limbs growing into the utility clearance zone will be trimmed consistent with PSE and utility industry standards for maintenance. No trees will be removed from the rights-of-way. Trimming will not exceed 25 % of the canopy on any tree. Traffic and noise impacts will be monitored and controlled by measures adopted in a work plan for the project. Noise levels will be kept below MMC 8.06 thresholds. Appropriate traffic controls will be maintained during all work activities. Work activities will be limited to weekdays from 7:30am to 5:00 pm along NE 28 th Street east of 80 th Avenue NE. Work activities near Bellevue Christian School will be restricted to 8:30 am to 2:00pm. Work activities along Overlake Drive East will be restricted to 8:30am to 3:30pm. This vegetation trimming and pole replacement project will not have any materially detrimental effect on nearby properties if the Applicant complies with the conditions attached to the permit approval. 7. MMC (D): An application for a permit shall not be approved unless all significant trees shall be retained in rights-of-way unless removal is necessary for access or for safety reasons, including trees in danger of falling or losing limbs and trees which need to be removed to provide adequate lines of vision for persons in vehicles. This criterion does not apply to trees that do not meet the definition of significant tree found in MMC No significant trees are to be removed as a part of this tree trimming project. Under the work plan and tree work inventory, all tree trimming will be less than the 25 percent of canopy maximum threshold set by MMC (F). The City s Tree Consultant has identified three areas where trimming may approach the maximum allowed. (Exhibit F) The Applicant has agreed to use side pruning rather than crown reduction at these locations to avoid exceeding the 25% tree canopy threshold. If any trees are proposed to be trimmed to the extent that the canopy removal exceeds the threshold, then the City Tree Consultant will be contacted and approval obtained before excessive trimming is allowed. Pruning may not exceed onethird of the plant in a one year time period. The City Tree Consultant will verify permit compliance at the completion of the work. This Application complies with the conditions of MMC (D). 8. MMC (E): An application for a permit shall not be approved unless replacement tree mitigation for significant tree removal shall be in accordance with the requirements of this chapter. No significant tree removal is proposed for this project. Tree mitigation is not required. This Application complies with the requirements of MMC (E). 9. MMC (F): An application for a permit shall not be approved unless...all trimming must be performed in a manner approved by the city and shall conform to the following requirements: 1. Any trimming must not exceed 25 percent of the canopy of the tree in the area unless necessary to provide adequate relief; 2. The relief requested must not unreasonably interfere with the adjoining property owners T City of Medina

6 rights to the use and enjoyment of the right-of -way including but not limited to said owners interest in landscaping, aesthetics, erosion control, noise control, shade and development of the unimproved portion of the right-of-way in a manner consistent with the development of the adjoining and surrounding properties. 3. The proposed trimming must not cause any unnecessary mutilation or damage to the trees and should be in accordance with ANSI Standard A300. The Application and the Tree Work Inventory do not identify any tree that will require trimming in excess of the maximum 25% of the tree canopy. The Applicant will notify the City Tree Consultant if trimming of more than twenty five percent of the canopy is required for adequate line clearance or pole replacement. The removal of tree canopy will be verified by the City Tree Consultant at the completion of the project and mitigation measures will be imposed if trimming threshold levels are exceeded. The proposed tree trimming is necessary for the safe installation of new utility poles and the maintenance of line clearance for existing utilities in the City rights-of-way. The trimming will be within the utility clearance zone maintained by public and private utilities for overhead power and communications lines in the rights-of-way. Adjacent properties use and enjoyment of the public right-of-way will not be significantly impacted by this tree trimming. ANSI Standard A300 guidelines for tree pruning will be followed. These guidelines emphasize tree structure improvement, hazard control and improvement of tree health as goals for pruning. No unnecessary mutilation or damage to the trees should occur if utility vegetation best management practices are used by the Applicant. Corrective pruning will be done if required by the City Tree Consultant. Landscape aesthetics should not be adversely affected by this tree trimming or pole replacement. Noise levels will be maintained at decibels below the maximum allowed in MMC No trees are being removed. Erosion control will not be significantly affected by this maintenance trimming. This Application complies with all three requirements of MMC (F). 10. A Permit for tree trimming in the public rights-of way should be granted to Asplundh to allow vegetation trimming as described in their Tree Work Inventory (Exhibit C). The Permit should be issued subject to certain conditions of approval to ensure public safety and compliance with the provisions of MMC DECISION A Permit is granted to Puget Sound Energy, Inc. and its contractor, Asplundh Tree Expert Company, for tree trimming in the public rights-of-way of Medina along NE 28 th Street between Evergreen Point Road and 8055 NE 28 th Street and along Overlake Drive East between 432 and 446 Overlake Drive East. Tree trimming under this Permit is limited to the trees and shrubs listed in the Tree Work Inventory (Exhibit C). This Permit is issued subject to the following: Conditions of Approval 1. All vegetation trimming shall comply with ANSI Standard A300 guidelines and using hazard reduction, improvement of tree structure and improvement of tree health as pruning objectives. All vegetation trimmings and debris shall be cleaned from the rightof-way and adjacent properties and properly disposed of at an off-site facility. 2. No trees shall be removed from the public right-of-way. If tree removal is determined to be necessary for adequate line clearance or pole replacement, a new tree removal T City of Medina

7 permit application will be required. Tree mitigation will be required for tree removals in accordance with MMC The Applicant shall submit a Traffic Management and Control Plan to the City Public Works Director and the Medina Police Department for approval prior to beginning any work activities under this Permit. The Traffic Management and Control Plan shall comply with the recommendations of the Washington State Manual on Uniform Traffic Control Devices Work Zone Control Guidelines. The Plan shall provide for flaggers at all work sites to direct traffic during all tree trimming and clean-up activities. 4. The Applicant must obtain a Right-of-Way Permit from the City of Medina prior to commencement of any work activity in the City rights-of-way. All conditions included in the Right-of-Way Permit are incorporated into this Permit as Conditions of Approval. 5. The Tree Trimming Permit shall be available at all work sites during all work activity. 6. Notice of commencement of tree trimming work shall be given to all adjacent property owners at least seven days before tree or vegetation trimming is done in the right-of-way adjacent to their property. The Notice to property owners must include the address of the property owner to be notified. A copy of the notice shall be filed with the City for approval prior to notification of adjacent property owners. 7. Work activities authorized by this Permit shall be limited to weekdays (Monday to Friday) unless extended hours are approved in writing by the Director of Community Services. Work activities under this Permit on NE 28 th Street near Bellevue Christian School between Evergreen Point Road and 80 th Avenue NE shall be limited to weekdays from 8:30 am to 2:00pm. Work activities under this Permit on NE 28 th Street east of 80 th Avenue NE shall be limited to weekdays from 7:30am to 5:00pm. Work activities under this Permit on Overlake Drive East between 432 and 446 Overlake Drive East shall be limited to weekdays from 8:30am to 3:30pm. 8. Asplundh, as the tree service contractor for Puget Sound Energy, Inc., shall notify the Medina Tree Consultant at least 48 hours prior to commencing any work under this Permit. The contractor shall notify the City Tree Consultant immediately if any tree trimming required for this project is expected to exceed the 25 percent canopy removal threshold set by MMC (F). The City Tree Consultant must approve any excess pruning before the work is completed. 9. Asplundh, as the tree service contractor for this PSE project, shall notify the City Tree Consultant when the tree trimming work is complete to set a time for a final inspection of the work. Any tree trimming not performed to ANSI A300 Standards shall be corrected by the Permit holder consistent with the requirements of the City and the City s Tree Consultant, including any tree mitigation measures required by the City Tree trimming authorized under this Permit is limited to those trees identified on the Tree Work Inventory submitted with the Application (Exhibit C). Any additional tree trimming or tree removal shall require filing a new application for tree trimming and/or removal of trees in the public rights-of-way with the City of Medina. Signed March 29, 2011 Robin Thomas Baker, An appeal must be filed in King County Superior Court as set forth in RCW C. T City of Medina

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