Agenda - Planning Commission - 05/02/2013

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The proposed revisions also specify that if removals exceed the allowable threshold, that the developer shall either replace each significant tree inch removed with 1.25 inches (diameter) of new trees or provide the City with $125.00 in restitution. These funds would be placed into a Community Reforestation Fund for reforestation efforts throughout the community. Finally, the proposed revisions specify that trees removed for water quality treatment ponds, public trails and sidewalks, and arterial and collector streets are exempt from the removal threshold calculation as are the removal of invasive (undesirable) species. All required reforestation plantings would count toward the required landscaping for the applicable zoning district. Alternative Options Option #1. The proposed amendments will accomplish several things. First, it eliminates ambiguity by replacing the term Desirable Tree with Significant Tree. Desirable Tree is not defined in City Code and is subjective. Significant Tree is already defined in City Code. Secondly, the amendments clarify that all projects, not just multi -family projects, are subject to removal thresholds (forty percent (40%) for residential projects and thirty percent (30%) for business and employment projects). Finally, the proposed amendments incorporate more flexibility into the standards by identifying exemptions for certain required improvements and by providing multiple options to address excess removals as part of a project. Both the EPB and Staff believe that these amendments align more with the intent of the ordinance (protecting/enhancing the community forest) and support adopting them. Option #2. Do not amend the current Tree Preservation Ordinance While the current ordinance provides a measure of protection for the community forest, only multi -family projects are subject to replacement requirements. Presently, if a developer cannot comply with the replacement standards the only option available is a variance. Again, the replacement standards are in addition to the required landscaping standards for new development of the underlying zoning district. The current ordinance also does not provide exemptions for removals due to other required improvements or for removal of invasive (undesirable) species. Funding Source: Preparation of the Ordinance is being handled as part of regular Staff duties. Staff Recommendation: The Environmental Policy Board (EPB) recommends adoption of Ordinance #13-10 amending City Code Article II (Zoning) Division 5 (Tree Preservation). Action: Motion to recommend that the City Council adopt/not adopt Ordinance # 13-10 amending City Code Article II (Zoning) Division 5 (Tree Preservation). Tree Preservation Ordinance with Mark Ups Proposed Ordinance #13-10 Attachments Form Review Inbox Reviewed By Date Tim Gladhill Tim Gladhill 04/26/2013 08:27 AM Tim Gladhill Tim Gladhill 04/26/2013 02:29 PM Form Started By: Chris Anderson Started On: 04/18/2013 05:42 PM Final Approval Date: 04/26/2013