Agenda - Council - 05/14/2013 - Laserfiche WebLink

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The proposed revisions also specify that if removals exceed the allowable threshold as indicated above (30%/40%), 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 also count toward the required landscaping for the applicable zoning district. The Planning Commission conducted a public hearing on May 2, 2013 regarding the proposed amendments and there were no written or verbal comments received. 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. Recommendation: The Environmental Policy Board (EPB) and the Planning Commission recommend adoption of Ordinance #13-10 amending City Code Article II (Zoning) Division 5 (Tree Preservation). Funding Source: Preparation of the Ordinance is being handled as part of regular Staff duties. Council Action: Motion to introduce Ordinance #13-10 amending City Code Article II (Zoning) Division 5 (Tree Preservation). Attachments Tree Preservation Ordinance with Mark Ups Proposed Ordinance #13-10 Draft Planning Commission Meeting Minutes Dated May 2, 2013 Form Review Inbox Reviewed By Date Tim Gladhill Tim Gladhill 05/08/2013 10:50 AM Kurt Ulrich Kurt Ulrich 05/09/2013 02:18 PM Form Started By: Chris Anderson Started On: 05/07/2013 09:16 AM Final Approval Date: 05/09/2013