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Planning and Zoning Commission meeting in regards to the

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tree and landscape ordinance

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this meeting has been duly posted and we do have a

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quorum present and we will call the meeting to order at 4 0

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5 and

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I will turn over to Chandra in for

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presentations

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Good afternoon afternoon

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Figured today we will pick up where we left off here get

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right back into the page turn

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So we stopped

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Okay, so again we're here looking at revisions to the city

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's tree preservation and landscape requirements

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collectively or officially referred to as the tree code

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here in Denton under the

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Denton development requirements

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At our last meeting we went over, you know kind of the on

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overview of of what the

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Changes meant and we left off basically doing a page turn

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of the proposed changes to the ordinance

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So where we stopped at before was on page six of

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the proposed revisions

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At section 4 B

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The section pertaining to credit for preserve tree canopy

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Yes commissioner back thank you chair one quick question

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for you back up today on

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IV

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Says any subsequent redevelopment of property must preserve

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the minimum percentage of square footage of the pre-develop

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ment tree

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Canopy is indicated by the initial tree survey. So they can

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never come in and redevelop. They can never go below the

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initial

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Canopy correct correct on in cases where you know, they may

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not develop all of the site and they have all their trees

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in one area

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That's designed to protect those trees that were initially

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Preserved yes, say it's 15 years later though, and you've

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got some new growth

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So and you've got more than 30% canopy. Does that mean they

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can come in if they need to

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And cut some of those down but say at the 30% overall

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Yes based on the percent overall or and you know more

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specifically the trees that were actually preserved and set

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aside for that first

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You know initial development. Okay. Okay, but overall

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regardless what they got they've got to stay at 30%

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Right, okay. They have to have that that minimum that they

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were that they preserved initially. Great. Thank you

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Well, I'll follow up on that

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How does that work if it's been developed and then it's

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been sold as say for example individual lots and they have

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multiple property owners

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And you get growth and they want to cut down on one tree

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They can't ever if their lot had 30% coverage on it. They

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can't take a tree out then you know on a residential

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development or

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You know in a residential development if this lot a tree

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that's in someone's yard and you know for some some reason

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they want to

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Have that tree removed that that would be permitted. They

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would have to get a permit for that

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Because we recognize that you know for someone to have the

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full enjoyment of their property

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You know, they may want to add, you know a pool or deck or

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you know

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Some other feature to their yard that may necessitate that

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that need

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But if they're for example if their lot had a preserved

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tree on it, that's what the purpose is

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So it has a large post oak on it and it's part of the 30%

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Can they or can they not remove that tree?

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Yeah, because because remember is going back to the the

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overall canopy on the site that that site can't go below

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that

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You know that that canopy that was initially preserved

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dealing with residential areas

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You know, it's a little bit different than dealing with the

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commercial sites. Sure, and then we recognize that

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Okay, I think I know I may want to

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If I may I think I understood the question to be a little

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different and I'm trying to be productive with this

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conversation tonight

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Your question is if we have a lot of record

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That has the 30% canopy coverage on it approved and we have

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an approved tree preservation mitigation plan

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What happens if that property is further subdivided and

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sold?

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No, if it's just

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Somebody comes in and one of those in the tree plan. There

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was one tree that was preserved. It's on that lot

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And then I wanted to take it out

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And can they take it because it's part of the 30% that was

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the overall say it was a 25 acre development

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Now it's a hundred lots their individual lot had one of the

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30% canopy trees

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can they remove that or not because it was identified

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specifically in the

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Preservation plan I get you. So here's my question that I

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think I'm trying to understand so that I can answer your

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question

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We have an overall site

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We approve the 30% on it and then it's a hundred acre site

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that is then subdued subdivided into one acre lots as an

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example

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One of those one acre lots has one of those preserved trees

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on it. I

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want to typically if you have a

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large development of this scale

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You would have it come in as subdivided so that you knew

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what was happening with it or only a portion of it would

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come

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In so you would address it specific to that in my opinion.

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Am I correct? He would so do you see what I'm trying to

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explain?

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So we have a hundred

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We have a hundred square foot hundred acre site. We divided

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into one acre lots

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So typically when someone comes in for a PDM and then they

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submit an application

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Those lots would already be reflected in a preliminary

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stage anyway

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So we would have had the opportunity to understand what

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that canopy coverage is

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Now the bigger question in my mind then is and we need to

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make sure it's in encapsulated in here is

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What happens if let's say it was just a hundred acre site

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It was not subdivided and it was intended for whatever

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development

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But that was the full extent of it and the 30% canopy cover

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was there someone else comes in and decides to redevelop it

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Which impacts the 30% canopy cover then what happens I?

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Think is the bigger question to answer I think that's fair

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Thank you. Yeah looking at that that statement number

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number five there

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It says the notation shall limit any future unauthorized

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land disturbing activities or construction

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That would impact or damage the trees to be preserved

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So the idea there is is you can't come in and you know

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further have new development on that site as

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Far as you know something brand new to the site which would

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go beyond what you would typically find for residential

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You know on a residential situation a residential situation

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. You'll really be looking at you know adding

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Basically an alteration to the property or an amenity to

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the property so that's kind of the difference there

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When we talk about redevelopment that basically triggers a

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new application so the new

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Development would go through the same

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Review as any new development anything that triggers

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our

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expansion applicability table or anything that triggers

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The new application would follow the guidelines that are

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set forth and ordinance so when you talk about 30%

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This is why we actually went to this type of methodology

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because 30% is 30%

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No matter if it's one acre or if it's a hundred acres and

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so it's easier to do to

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Translate and do that calculation regardless of the size of

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the parcel does that make sense? Yeah

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Okay, I understand if it's redeveloped, and I think we in

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the example that when all gave

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I think it kind of went from my question into a development

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type question and I

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Don't want to spend all evening going around in a circle

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So we need to get through this

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So I'm gonna go back to my original question if you had a

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25 acre subdivision

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It's divided into hundred lots kind of along the lines of

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the

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Example you presented to us our work session, and you have

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30% of the trees to be

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preserved

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one of those lots because the idea is to preserve the trees

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has one of those trees on the plan and it's located on that

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lot and

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Somebody comes in and says I want to put a swimming pool

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Or I want to put a backyard

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Addition or attitude car garage and they have to remove

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that tree because it's right in the place where it goes

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It's identified on here that that is a preserved tree. It

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has to stay there

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So what is the mechanism for a homeowner if they want to do

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that?

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And comply with the code to be able to do an addition a

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pool or whatever with a tree that was identified in the

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overall

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Site on the plan on one lot to be able to do that

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That basically would be reviewed with their permit

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application whether it's for a pool or you know

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Whatever application they have in that's when that would be

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reviewed

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But in that particular instance like say this this clause

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really has to do with you know

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Development or further development on the site not really

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alterations to the site

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Well, no, and I'm trying to take it to the very practical

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level of how do you go from a?

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Document obviously you all have spent a tremendous amount

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of time on we got it less than

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Roughly a week ago change lots of other people are just

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getting it trying to say okay

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How do we take this document and put it in the matrix of

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what we deal with on a day by day in the scenarios?

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And how does this affect?

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residents

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In the community to be able to do what they want to do with

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their property people that are in the development or

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building

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Business or whatever how does this work? And so I'm just

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taking that one example

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as to

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From the code the way it reads it states that that tree has

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to be preserved and if you have to take it out

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What's the mechanism to do that?

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I have a lot of other questions that are probably much

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bigger questions in this detail

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But we kind of started there and so I was curious while we

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're talking about it how it actually would work in that one

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situation

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So can you take the tree out or not?

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Yeah, it would be reviewed with their with their

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application for whatever they're they're doing

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They wouldn't be held to that for a single family lot

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However, if it was a commercial property sure you know this

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you know different situation

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You know that they would be held to that because that was

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preserved for that development

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You know again, you know that 30% for that residential is

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spread out across the site

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So it's not looking at each individual. You know lot in

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that in that area

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but this statement doesn't you know preclude them from

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the

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Ability to remove that tree or have approval to remove that

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tree. It just says that it limits

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You know future unauthorized land disturbing activities and

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construction by them coming through the development process

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That's where they you know get their authorization

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In the way we want to address it when we do the full

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rewrite is to include

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Open space requirements for residential developments so

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that

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The issue that you have with the site with the full

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development going into non-compliance would be moved

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because they would have

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trees

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Preserved in trails and other open space areas in the

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development

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So we wouldn't necessarily have to depend on whether the

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homeowner wants to keep the tree or not

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We'd have them in different areas. So we are thinking about

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that. It's not reflected in this particular tree code

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But as we do the as we look at

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the full DDC rewrite and the full

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Development standards that complement that we will capture

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it

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Well, I want to recognize Commissioner Sullivan and I'm

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gonna come back to that cuz that's one of the comments that

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I've received

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from people is we're doing a piece of this and there are

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several other pieces that this plays into and they're very

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uncomfortable about

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modifying one part without having a clear understanding of

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how all

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Three or four of these items work together so that you can

267
00:12:53,480 --> 00:12:54,600
lay it out and go

268
00:12:54,600 --> 00:12:58,750
I see how this works versus when you read this you go. I

269
00:12:58,750 --> 00:13:00,480
don't see how this works practically

270
00:13:00,919 --> 00:13:03,799
But there may be other areas with I'll have to get some of

271
00:13:03,799 --> 00:13:05,440
my other notes and things

272
00:13:05,440 --> 00:13:08,659
I present some of the site design criteria manuals and

273
00:13:08,659 --> 00:13:11,940
checklists and things that go into these deals to see

274
00:13:12,720 --> 00:13:16,019
How overall it works versus we're looking at one piece and

275
00:13:16,019 --> 00:13:19,279
it doesn't work with some of the other pieces

276
00:13:19,279 --> 00:13:21,600
And how is it gonna make sense? So

277
00:13:22,320 --> 00:13:24,320
Commissioner Sullivan's thank you for your patience

278
00:13:24,840 --> 00:13:26,840
Thank you

279
00:13:27,600 --> 00:13:31,029
I'm confused because I don't see anywhere in here that this

280
00:13:31,029 --> 00:13:31,460
limits

281
00:13:32,240 --> 00:13:34,240
the term developer

282
00:13:34,919 --> 00:13:38,639
The term developer says a person who owns property now we

283
00:13:38,639 --> 00:13:38,799
all

284
00:13:39,399 --> 00:13:42,690
Assumed I assumed anyway that that meant those money grub

285
00:13:42,690 --> 00:13:43,480
and hungry

286
00:13:44,080 --> 00:13:46,840
Developer a present company excluded of course, of course

287
00:13:47,840 --> 00:13:49,840
Of course, you know, we're talking about

288
00:13:50,600 --> 00:13:54,639
Developers, however, it says a person who owns property

289
00:13:55,200 --> 00:13:58,320
And then I go through and I'm sure we'll get to number six

290
00:13:59,200 --> 00:14:01,200
a tree

291
00:14:01,240 --> 00:14:04,879
Permit removal permit is required for trees less than

292
00:14:05,440 --> 00:14:08,480
Or back up any person must obtain a tree removal permit

293
00:14:08,480 --> 00:14:12,000
from the city prior to removal of any tree in the city

294
00:14:12,840 --> 00:14:14,559
I'm a person

295
00:14:14,559 --> 00:14:17,240
I've got four trees on my lot about a year old

296
00:14:17,759 --> 00:14:21,330
The diameter is about the size of this charger, which is

297
00:14:21,330 --> 00:14:22,879
less than six inches

298
00:14:23,639 --> 00:14:29,299
And less than five inches DBH has to get an approval or it

299
00:14:29,299 --> 00:14:31,440
does not need a less than five

300
00:14:31,840 --> 00:14:34,879
This is more than five all four of mine are more than five

301
00:14:34,879 --> 00:14:35,600
inches. I

302
00:14:36,159 --> 00:14:39,080
Have to complete an application with the applicable

303
00:14:39,080 --> 00:14:40,600
applicable fees

304
00:14:41,240 --> 00:14:43,000
submit a plan

305
00:14:43,000 --> 00:14:47,799
Must be prepared by an ISA certified arborist. I have to

306
00:14:47,799 --> 00:14:50,039
post a tree protection signage. I

307
00:14:51,159 --> 00:14:55,240
Would then if I don't do all those things if I move one of

308
00:14:55,240 --> 00:14:56,600
those four trees

309
00:14:57,399 --> 00:14:59,820
Then a tree without the complying requirements

310
00:15:00,559 --> 00:15:03,289
Of this subsection or owns part of all the land. This

311
00:15:03,289 --> 00:15:07,000
person will be guilty upon conviction of a misdemeanor

312
00:15:08,440 --> 00:15:10,440
In charged

313
00:15:10,720 --> 00:15:13,799
$500 a day until that tree gets looked back where it's

314
00:15:13,799 --> 00:15:14,679
supposed to be

315
00:15:15,759 --> 00:15:17,240
now I

316
00:15:17,240 --> 00:15:19,240
Don't see anywhere in here that it says

317
00:15:20,320 --> 00:15:23,200
Individual homeowners are exempted from this policy

318
00:15:23,759 --> 00:15:26,330
Is that something that we want to add as a recommendation

319
00:15:26,330 --> 00:15:28,279
as the ordinance goes forward?

320
00:15:28,919 --> 00:15:32,799
well, I thought that's what we talked about last week and

321
00:15:33,879 --> 00:15:39,399
developers still means a person not a company or a hundred

322
00:15:39,399 --> 00:15:40,240
acre minimum or

323
00:15:41,559 --> 00:15:45,590
Or individual lots are exempted. Okay talks about how the

324
00:15:45,590 --> 00:15:48,840
city is exempted and all the DMV they're all exempted

325
00:15:48,840 --> 00:15:51,559
Well, this is what I'll do. I'll start keep I'll keep a t

326
00:15:51,559 --> 00:15:54,120
ally of the recommendations that you guys want to carry

327
00:15:54,120 --> 00:15:55,200
forward to the City Council

328
00:15:55,200 --> 00:15:57,759
And then we'll make sure that that

329
00:15:58,320 --> 00:16:01,200
Gets attached to the document that goes forward

330
00:16:01,200 --> 00:16:04,659
I just want to make sure that when my wife says I want to

331
00:16:04,659 --> 00:16:07,289
move this tree because it interferes with my view or

332
00:16:07,289 --> 00:16:07,720
something

333
00:16:07,720 --> 00:16:10,690
I don't want to have to go get an arborist to tell me I can

334
00:16:10,690 --> 00:16:11,799
move the dang tree

335
00:16:11,799 --> 00:16:12,200
Okay

336
00:16:12,200 --> 00:16:15,950
so the if I can restate it we would like to exempt the

337
00:16:15,950 --> 00:16:18,279
single-family property owner from a

338
00:16:18,600 --> 00:16:20,159
any-size-lot

339
00:16:20,159 --> 00:16:22,159
Okay from

340
00:16:22,440 --> 00:16:25,399
This whole thing from the tree ordinance. Yes, okay

341
00:16:26,000 --> 00:16:28,639
Because I don't see the problem with individual homeowners

342
00:16:28,639 --> 00:16:32,779
going out and harvesting a bunch of trees for firewood

343
00:16:34,600 --> 00:16:36,720
They take it down for a pool

344
00:16:37,399 --> 00:16:40,419
But it's their property their tree

345
00:16:40,960 --> 00:16:42,960
Let them do what they want to do with it

346
00:16:43,240 --> 00:16:45,120
Okay

347
00:16:45,120 --> 00:16:48,409
So we have that as a recommendation correct. So why don't

348
00:16:48,409 --> 00:16:49,039
we do that?

349
00:16:49,039 --> 00:16:52,309
Why don't we amass as many comments as we can today and if

350
00:16:52,309 --> 00:16:54,139
we need to meet again, we can do that, too

351
00:16:54,440 --> 00:16:59,259
Let's identify that the goal is not to compromise anybody's

352
00:16:59,259 --> 00:16:59,700
ability

353
00:17:01,799 --> 00:17:05,119
The goal is not to compromise anybody's ability to

354
00:17:06,000 --> 00:17:08,359
To use their home to use their land

355
00:17:09,680 --> 00:17:12,930
The intent of this ordinance is not to make things

356
00:17:12,930 --> 00:17:16,160
difficult if you compare the current ordinance

357
00:17:16,440 --> 00:17:18,700
Versus what we're proposing I can guarantee you in

358
00:17:18,700 --> 00:17:21,539
comparison to other communities to that. This is a model

359
00:17:21,539 --> 00:17:22,019
ordinance

360
00:17:22,880 --> 00:17:26,140
But we need to understand our a couple of things one is

361
00:17:26,519 --> 00:17:31,329
Staff is not trying to force this ordinance through the PNC

362
00:17:31,329 --> 00:17:31,759
number one

363
00:17:32,119 --> 00:17:34,299
We look to the PNC as a recommending body

364
00:17:34,299 --> 00:17:37,289
That's what you're here for and we do take notice of what

365
00:17:37,289 --> 00:17:38,200
is it what it is

366
00:17:38,200 --> 00:17:40,519
You're telling us in the instances where we might not agree

367
00:17:41,000 --> 00:17:43,980
We would try and explain why it is we don't agree and that

368
00:17:43,980 --> 00:17:46,450
's where your condition or recommendation would come in that

369
00:17:46,450 --> 00:17:47,599
is in in in

370
00:17:47,960 --> 00:17:52,440
That is different from that of staffs. So when we I

371
00:17:53,319 --> 00:17:57,119
Really want to emphasize that this truly is a collaborative

372
00:17:57,119 --> 00:18:00,720
effort and we are unable to and cannot

373
00:18:01,000 --> 00:18:03,519
That our mission is not to make one

374
00:18:04,079 --> 00:18:08,279
Element of the community happy the goal is to see how this

375
00:18:08,279 --> 00:18:12,160
ordinance works how it plays out and what its impact is on

376
00:18:12,519 --> 00:18:14,799
current and future development on

377
00:18:15,480 --> 00:18:19,269
Existing development on existing parcels. So we are not

378
00:18:19,269 --> 00:18:20,000
here to

379
00:18:20,640 --> 00:18:24,359
Deliberately make things or lives difficult for anybody

380
00:18:25,039 --> 00:18:28,759
We are here to ensure that at the end of the day after we

381
00:18:28,759 --> 00:18:31,319
have realized what our canopy coverage is

382
00:18:31,599 --> 00:18:35,589
What we need to do to maintain and enhance to some degree

383
00:18:35,589 --> 00:18:37,259
that canopy coverage

384
00:18:37,920 --> 00:18:39,950
Our goal is to make sure that we have sustainable

385
00:18:39,950 --> 00:18:43,460
communities that we have legacies within the city of Denton

386
00:18:43,920 --> 00:18:47,130
Many a time we have heard. Well, it's just Denton. So who

387
00:18:47,130 --> 00:18:47,579
cares

388
00:18:48,279 --> 00:18:50,279
from development community members

389
00:18:50,680 --> 00:18:54,119
Then we have the community that says this is not enough

390
00:18:54,119 --> 00:18:58,079
You must do more and so watch our task is to make sure that

391
00:18:58,079 --> 00:18:59,160
what we can do

392
00:18:59,279 --> 00:19:01,559
Actually brings us in the middle of the road where it works

393
00:19:01,559 --> 00:19:05,240
for everybody in some instances or some sections of it will

394
00:19:05,240 --> 00:19:06,240
and in some sections

395
00:19:06,240 --> 00:19:07,440
It will not

396
00:19:07,440 --> 00:19:12,250
But we as staff it is our ethical obligation to give to the

397
00:19:12,250 --> 00:19:15,390
PNZ and ultimately the City Council what we think is best

398
00:19:15,390 --> 00:19:16,119
from a

399
00:19:16,759 --> 00:19:19,500
subject matter expertise from a discipline expertise

400
00:19:21,039 --> 00:19:23,039
Arena so I do

401
00:19:23,519 --> 00:19:26,549
Want to emphasize that we are working very diligently on

402
00:19:26,549 --> 00:19:29,039
this one of the things that you mentioned Jim is

403
00:19:29,279 --> 00:19:31,799
Well, this is in absence of so many other elements

404
00:19:31,799 --> 00:19:33,440
associated with this ordinance

405
00:19:33,440 --> 00:19:36,029
So let me back up and give you some preface to that the

406
00:19:36,029 --> 00:19:38,640
goal was to come in cumulatively

407
00:19:39,279 --> 00:19:41,869
Comprehensively with the entire ordinance. We wanted to

408
00:19:41,869 --> 00:19:44,509
tackle the tree code element and the landscaping

409
00:19:44,509 --> 00:19:45,880
requirements together

410
00:19:46,960 --> 00:19:49,740
However, as we started moving forward

411
00:19:49,740 --> 00:19:51,839
We knew that there were some components of it where we

412
00:19:51,839 --> 00:19:55,119
needed to make sure that we were in line with our internal

413
00:19:55,400 --> 00:19:57,990
stakeholders as well so that conversation is still

414
00:19:57,990 --> 00:20:01,019
continuing and that's why we broke this apart and we broke

415
00:20:01,019 --> 00:20:02,920
it apart for two reasons one is

416
00:20:03,279 --> 00:20:05,569
Council had given us a directive to go ahead and proceed

417
00:20:05,569 --> 00:20:08,690
with the tree code amendment and that was merely because at

418
00:20:08,690 --> 00:20:10,000
one point I believe in

419
00:20:10,319 --> 00:20:12,319
2014 15

420
00:20:12,319 --> 00:20:14,319
Council said what are we doing with our tree fund?

421
00:20:15,119 --> 00:20:17,990
And as we started looking into that we actually came up

422
00:20:17,990 --> 00:20:20,859
with criteria on how to use that tree fund

423
00:20:20,859 --> 00:20:23,099
Where should the trees go? Why should they go where they're

424
00:20:23,099 --> 00:20:24,640
going? What are the criteria?

425
00:20:24,640 --> 00:20:27,009
What are the parameters associated with that? And then they

426
00:20:27,009 --> 00:20:29,460
said but wait a minute. We think this ordinance is too

427
00:20:29,460 --> 00:20:30,119
complicated

428
00:20:30,559 --> 00:20:32,990
Let's work on it and let's fix this aspect of this

429
00:20:32,990 --> 00:20:35,549
component of the ordinance and we said we would love to do

430
00:20:35,549 --> 00:20:35,799
that

431
00:20:36,079 --> 00:20:38,670
However, we also have the landscaping screening and landsca

432
00:20:38,670 --> 00:20:39,420
ping as I call it

433
00:20:39,420 --> 00:20:41,890
We need to bring it together which goes back to Shandrian's

434
00:20:41,890 --> 00:20:44,920
point. We're looking at this in isolation. So

435
00:20:45,519 --> 00:20:47,519
Our view is not myopic

436
00:20:47,799 --> 00:20:50,890
Unfortunately, what happens is when you're looking at this

437
00:20:50,890 --> 00:20:53,920
this ordinance independently of everything else your view

438
00:20:53,920 --> 00:20:55,740
does become myopic and we're trying to

439
00:20:56,720 --> 00:21:00,099
Ensure that that does not happen because we do have other

440
00:21:00,099 --> 00:21:03,539
elements that will be occurring in step and in line with

441
00:21:03,539 --> 00:21:04,380
this ordinance

442
00:21:04,599 --> 00:21:06,960
We also have engaged the clarion

443
00:21:07,599 --> 00:21:10,140
Initiative as I call it which would look at the Denton

444
00:21:10,140 --> 00:21:12,700
Development Code in in a comprehensive manner as well

445
00:21:13,039 --> 00:21:16,240
so if we do have challenges with this ordinance, I

446
00:21:17,160 --> 00:21:20,049
Personally request that we if there any questions or any

447
00:21:20,049 --> 00:21:22,759
issues, let's write them down send us emails

448
00:21:23,099 --> 00:21:26,000
We'll look at it whatever changes from a legal perspective

449
00:21:26,000 --> 00:21:28,819
from a planning perspective from a land use perspective

450
00:21:28,819 --> 00:21:32,269
We will insert those where we have some hesitation to do we

451
00:21:32,269 --> 00:21:35,200
would like to come and discuss those with you. So

452
00:21:36,960 --> 00:21:38,960
We've been working on this for two years now

453
00:21:39,880 --> 00:21:42,599
Prior to this there was a big charge to work on the tree

454
00:21:42,599 --> 00:21:44,079
code in the past now if

455
00:21:44,880 --> 00:21:48,279
Again, we need to understand from your side or your arena

456
00:21:48,279 --> 00:21:51,349
Do you really want an ordinance as well so that we can

457
00:21:51,349 --> 00:21:54,680
understand where we need to go? We this this

458
00:21:55,200 --> 00:21:58,200
This was created as a result of a City Council initiative

459
00:21:59,359 --> 00:22:01,849
we did want to tackle it, but we wanted to tackle it

460
00:22:01,849 --> 00:22:03,559
comprehensively and

461
00:22:04,279 --> 00:22:08,000
We will but we felt breaking it up might be a little easier

462
00:22:08,000 --> 00:22:08,779
to digest

463
00:22:09,960 --> 00:22:13,180
Yet it's caused us some minor complications associated with

464
00:22:13,180 --> 00:22:17,400
it. So please do rest assured that our mission is not to

465
00:22:18,759 --> 00:22:21,839
Push something through it's not to

466
00:22:22,599 --> 00:22:26,039
Not provide the accurate information or make it convoluted

467
00:22:26,039 --> 00:22:28,039
We would hate for it to be convoluted because we're the

468
00:22:28,039 --> 00:22:29,740
ones who have to implement it and enforce it

469
00:22:29,900 --> 00:22:32,819
So bear with us and we will work together

470
00:22:33,339 --> 00:22:36,509
Like we've always worked together and try and get there

471
00:22:36,509 --> 00:22:38,519
together with some I believe

472
00:22:39,640 --> 00:22:42,470
Conditions attached to it. So as it relates to the

473
00:22:42,470 --> 00:22:43,480
ordinance, so

474
00:22:44,240 --> 00:22:46,440
You know, we'll write everything down

475
00:22:46,440 --> 00:22:48,920
We'll take in all comment and we'll take it to the next

476
00:22:48,920 --> 00:22:52,119
step which might be meeting again next week or what have

477
00:22:52,119 --> 00:22:52,279
you?

478
00:22:52,440 --> 00:22:56,160
Okay. Well, I would agree with that and I'll concur I don't

479
00:22:56,160 --> 00:22:58,400
and I'm gonna recognize it just second

480
00:22:58,799 --> 00:23:04,019
I think it's obviously for the people that are here. I know

481
00:23:04,019 --> 00:23:05,920
my email and phone have

482
00:23:06,480 --> 00:23:11,319
Been well used in the week since this came before us

483
00:23:11,319 --> 00:23:13,500
There are people that are interested in it

484
00:23:13,500 --> 00:23:16,240
And I think because they're here because of the feedback

485
00:23:16,240 --> 00:23:17,880
that I mean they would like to get something

486
00:23:18,359 --> 00:23:21,890
Resolved and I think the concern is from what I can gather

487
00:23:21,890 --> 00:23:24,720
from the folks that have contacted me is

488
00:23:26,839 --> 00:23:29,660
We'll make sure the input that they're bringing is taken

489
00:23:29,660 --> 00:23:32,359
not only just heard but

490
00:23:33,200 --> 00:23:36,509
Possibly if so implemented in here what their concerns are

491
00:23:36,509 --> 00:23:37,000
versus

492
00:23:37,440 --> 00:23:39,900
Kind of I guess the commission see we made some comments

493
00:23:39,900 --> 00:23:42,839
the other night. It's still the same place

494
00:23:42,839 --> 00:23:46,670
And I know I had a copy of the ordinance last fall. I made

495
00:23:46,670 --> 00:23:48,079
some comments on it

496
00:23:49,000 --> 00:23:51,000
I'm not gonna say that

497
00:23:51,680 --> 00:23:53,519
And expect everything that went in there

498
00:23:53,519 --> 00:23:55,619
I don't know how many of the things that I marked in there

499
00:23:55,619 --> 00:23:57,720
actually went in and actually some of them that concerned

500
00:23:57,720 --> 00:23:58,059
about

501
00:23:58,480 --> 00:24:01,500
Went the other way. So the mitigation rates that I thought

502
00:24:01,500 --> 00:24:01,960
were high

503
00:24:02,480 --> 00:24:04,839
They're not actually higher than where they were when I

504
00:24:04,839 --> 00:24:06,319
first saw the ordinance

505
00:24:06,759 --> 00:24:10,349
So to me, I'm concerned a little bit about the direction

506
00:24:10,349 --> 00:24:13,140
that we're going when we ask people to take their time

507
00:24:13,680 --> 00:24:15,680
And give feedback and input

508
00:24:17,279 --> 00:24:20,480
That it doesn't show up in here and currently

509
00:24:21,119 --> 00:24:24,200
It's scheduled for us for next week and for a vote and I

510
00:24:24,200 --> 00:24:26,319
think a lot of people are very concerned

511
00:24:26,599 --> 00:24:28,680
Or at least that's what I'm hearing is

512
00:24:29,599 --> 00:24:33,079
It got tabled indefinitely about I think about six months

513
00:24:33,079 --> 00:24:33,880
ago, right?

514
00:24:33,880 --> 00:24:37,799
And now it's here and we're trying to move it forward

515
00:24:37,799 --> 00:24:41,079
It seemed like in a fairly quick pace and yet there hasn't

516
00:24:41,079 --> 00:24:44,279
been some of the feedback that I think has been given

517
00:24:45,380 --> 00:24:47,640
Incorporated in the ordinance and I think that's where the

518
00:24:47,640 --> 00:24:50,259
the disconnect from my point of view is

519
00:24:50,640 --> 00:24:53,230
When we ask for feedback and we give it it doesn't go in

520
00:24:53,230 --> 00:24:54,960
here people I think feel like

521
00:24:55,880 --> 00:24:59,170
Their view is not then taken seriously or we're not going

522
00:24:59,170 --> 00:25:00,720
to pay any attention to it

523
00:25:00,720 --> 00:25:03,150
We're going to move it forward the way that it is. So I

524
00:25:03,150 --> 00:25:04,839
would respond to your comment

525
00:25:04,839 --> 00:25:06,839
I think that's why

526
00:25:07,039 --> 00:25:09,880
Some of the stakeholders to your point that may be in the

527
00:25:09,880 --> 00:25:12,920
development property owner sign are having a little more

528
00:25:12,920 --> 00:25:13,839
issue with this

529
00:25:14,039 --> 00:25:16,240
It's because they're the ones that are going to have the

530
00:25:16,240 --> 00:25:19,460
greatest impact financially and on their investments and

531
00:25:19,460 --> 00:25:20,279
their projects

532
00:25:20,559 --> 00:25:23,069
With how this is going. I know there are other stakeholders

533
00:25:23,069 --> 00:25:25,240
that would like to see a lot of trees

534
00:25:25,759 --> 00:25:27,000
preserve

535
00:25:27,000 --> 00:25:29,650
I don't have a problem with that and I don't think there's

536
00:25:29,650 --> 00:25:31,960
a lot of developers that don't have a problem with

537
00:25:32,480 --> 00:25:35,390
Saving some trees. I think it's when they're the person

538
00:25:35,390 --> 00:25:38,039
that has to bear all of that responsibility

539
00:25:39,200 --> 00:25:41,200
For the public good

540
00:25:41,480 --> 00:25:44,200
That's where I think there's a disconnect with some of our

541
00:25:44,200 --> 00:25:47,589
stakeholders and why we're getting quite so much pushback

542
00:25:47,589 --> 00:25:48,160
on this

543
00:25:48,440 --> 00:25:52,069
So I don't know if you will respond to that or if you want

544
00:25:52,069 --> 00:25:53,440
to get Commissioner

545
00:25:53,440 --> 00:25:56,269
So I might be able to feel both. Let me ask Commissioner

546
00:25:56,269 --> 00:25:58,640
Sullivan. I recognize you. Please make your comments. We'll

547
00:25:59,240 --> 00:26:01,240
Continue the dialogue. Okay. Thank you

548
00:26:01,400 --> 00:26:05,289
Would it be I mean my humble suggestion would be simply to

549
00:26:05,289 --> 00:26:07,200
identify a homeowner

550
00:26:08,440 --> 00:26:10,900
Developers one definition homeowner is a different

551
00:26:10,900 --> 00:26:11,279
definition

552
00:26:11,839 --> 00:26:15,559
So that we don't have a homeowner being held to the same

553
00:26:15,559 --> 00:26:17,559
standards as a developer

554
00:26:17,559 --> 00:26:21,160
I think that would clear up a lot of men this time

555
00:26:21,519 --> 00:26:23,460
And perhaps having the opportunity where you say new

556
00:26:23,460 --> 00:26:26,359
development and redevelopment on what the criteria are

557
00:26:26,359 --> 00:26:28,880
there if we can keep it succinct and simple

558
00:26:28,880 --> 00:26:30,880
Why not? Let's look at that Avenue as well

559
00:26:33,279 --> 00:26:35,279
Going back to the concern

560
00:26:35,640 --> 00:26:37,640
Jim that you've mentioned and

561
00:26:38,000 --> 00:26:40,619
Commissioner Sullivan, I agree with you. We will clean that

562
00:26:40,619 --> 00:26:43,180
up. Yes, and it might not have been reflected right now

563
00:26:43,180 --> 00:26:45,349
But we will clean that up and we will meet again and we

564
00:26:45,349 --> 00:26:47,710
will do a page turn or we will sit and talk and discuss

565
00:26:47,710 --> 00:26:47,920
this

566
00:26:48,559 --> 00:26:50,160
thoroughly

567
00:26:50,160 --> 00:26:53,519
but as it relates to what we have heard from

568
00:26:54,160 --> 00:26:56,160
members of the development community

569
00:26:56,160 --> 00:26:59,500
To you know saying that this really it's we just shouldn't

570
00:26:59,500 --> 00:27:01,839
have to do or we shouldn't have to comply

571
00:27:03,200 --> 00:27:05,200
Again, that's one end of it

572
00:27:05,200 --> 00:27:07,359
But what we're trying to do and what we've heard from a lot

573
00:27:07,359 --> 00:27:09,369
of our development community that we've had an opportunity

574
00:27:09,369 --> 00:27:10,240
to meet with

575
00:27:10,519 --> 00:27:13,440
Is work with us they we've worked together really really

576
00:27:13,440 --> 00:27:13,599
well

577
00:27:13,599 --> 00:27:16,009
We might not agree on everything which was the first thing

578
00:27:16,009 --> 00:27:18,559
we discussed, but we will agree on something so

579
00:27:19,279 --> 00:27:22,359
That being said I think if I'm not mistaken and if we need

580
00:27:22,359 --> 00:27:24,559
a refresher course, we will do that

581
00:27:25,279 --> 00:27:26,640
I

582
00:27:26,640 --> 00:27:27,799
just

583
00:27:27,799 --> 00:27:29,920
from a perspective of moving forward

584
00:27:31,359 --> 00:27:33,759
one of the stigmas that we have

585
00:27:35,240 --> 00:27:38,309
Born I guess is the best word to use is we never move

586
00:27:38,309 --> 00:27:39,599
forward with anything

587
00:27:39,599 --> 00:27:43,210
So with your guidance and with your input I would like for

588
00:27:43,210 --> 00:27:44,160
us to move forward

589
00:27:44,160 --> 00:27:46,670
I just doesn't mean next Wednesday is when the public

590
00:27:46,670 --> 00:27:47,940
hearing is going to occur

591
00:27:48,079 --> 00:27:50,980
But we would if we can amass everybody's comments the

592
00:27:50,980 --> 00:27:52,799
planning and zoning Commission's comments this week

593
00:27:52,799 --> 00:27:54,990
And we can look at those and see where they need to go we

594
00:27:54,990 --> 00:27:56,299
can sit with our legal team

595
00:27:56,799 --> 00:27:59,210
Envision what needs to happen and from there come back to

596
00:27:59,210 --> 00:28:00,099
you and discuss

597
00:28:00,799 --> 00:28:05,759
Why and why not sure let me give you one direct example. I

598
00:28:05,759 --> 00:28:07,319
pulled the current

599
00:28:08,240 --> 00:28:10,670
Development code the mitigation and just for some of my

600
00:28:10,670 --> 00:28:12,119
fellow commissioners

601
00:28:12,799 --> 00:28:16,500
Currently we are one to a half one to one

602
00:28:18,160 --> 00:28:20,980
Then it goes to one to one and a half and one to two and

603
00:28:20,980 --> 00:28:24,160
what currently I believe right now

604
00:28:24,160 --> 00:28:26,539
At least according to this chart of my understanding the

605
00:28:26,539 --> 00:28:27,640
greatest is one to two on

606
00:28:28,839 --> 00:28:30,839
mitigation rates

607
00:28:31,359 --> 00:28:34,940
Go ahead and and so we're now the original ordinance that

608
00:28:34,940 --> 00:28:38,039
came out in the fall was one to four. Yes

609
00:28:39,119 --> 00:28:41,299
And I'll be totally I marked it when I had an opportunity

610
00:28:41,299 --> 00:28:44,759
to review it and made it back to because it was the highest

611
00:28:45,200 --> 00:28:45,200
Mitigation that we currently have and I thought you know

612
00:28:45,200 --> 00:28:47,359
what?

613
00:28:47,960 --> 00:28:50,680
Just from my point of view there's a lot of other people to

614
00:28:50,680 --> 00:28:51,160
give a point

615
00:28:51,160 --> 00:28:54,369
I think that's probably pushing it but you know what we

616
00:28:54,369 --> 00:28:57,279
currently have it at one to two at the very highest rate

617
00:28:57,279 --> 00:29:00,710
Uh-huh, and it came back now. It's one to six. So I look

618
00:29:00,710 --> 00:29:01,660
here and go well

619
00:29:02,599 --> 00:29:06,400
Why do we go from these smaller rates the very highest one?

620
00:29:06,400 --> 00:29:07,279
We've already gone up

621
00:29:07,279 --> 00:29:10,289
we've tried to move it kind of back to what it is and it

622
00:29:10,289 --> 00:29:13,240
goes the other direction to one to six and I

623
00:29:13,759 --> 00:29:16,579
Guess everybody thinks that the condelment community and

624
00:29:16,579 --> 00:29:19,000
property owners. Okay. Well, that's okay

625
00:29:19,000 --> 00:29:21,720
I don't have an issue when we're going and making such a

626
00:29:21,720 --> 00:29:24,559
huge change from what they are now

627
00:29:25,000 --> 00:29:29,970
To one to six. So somebody may want to make a comment about

628
00:29:29,970 --> 00:29:32,319
that and we have an answer to that which perhaps

629
00:29:32,319 --> 00:29:34,799
Okay, I think we didn't iterate during the meeting. So I'm

630
00:29:34,799 --> 00:29:35,660
gonna turn it over to hey

631
00:29:37,160 --> 00:29:41,200
Me too. Okay on that one to six ratio. We got to keep in

632
00:29:41,200 --> 00:29:43,279
mind. We're we're moving from mitigating

633
00:29:43,799 --> 00:29:46,789
By diameter inch to mitigating by square foot of canopy.

634
00:29:46,789 --> 00:29:50,420
That's a big difference. Those two things are not apples to

635
00:29:50,420 --> 00:29:51,359
apples at all

636
00:29:51,920 --> 00:29:53,920
I did do a

637
00:29:55,279 --> 00:29:56,680
Comparison

638
00:29:56,680 --> 00:29:59,440
basically on every tree from I think I started with an

639
00:29:59,440 --> 00:30:01,440
eight inch size tree all the way up to

640
00:30:01,680 --> 00:30:03,680
Maybe it was up to like a 28

641
00:30:04,640 --> 00:30:07,660
inch tree comparing what the mitigation would be under the

642
00:30:07,660 --> 00:30:10,680
existing code and what we're proposing and

643
00:30:11,160 --> 00:30:12,720
and

644
00:30:12,720 --> 00:30:16,839
Most of the cases what we're proposing is less than what's

645
00:30:16,839 --> 00:30:17,480
existing

646
00:30:17,480 --> 00:30:20,269
I didn't have that in the backup because it's on a big

647
00:30:20,269 --> 00:30:23,920
spreadsheet and you know, it's it's not an easy read at all

648
00:30:25,359 --> 00:30:27,839
Just to be you know, just frank with you

649
00:30:29,279 --> 00:30:32,910
The other big difference in the existing code and what we

650
00:30:32,910 --> 00:30:35,039
're proposing even at that one to six

651
00:30:35,960 --> 00:30:38,920
Is that those trees that you're that you're planting for

652
00:30:38,920 --> 00:30:39,799
mitigation?

653
00:30:40,359 --> 00:30:44,119
Are also trees that you are required to plant, you know

654
00:30:44,119 --> 00:30:45,680
your mitigation trees can count

655
00:30:46,240 --> 00:30:49,490
Towards your landscape trees your buffer trees your street

656
00:30:49,490 --> 00:30:51,400
trees your parking lot trees

657
00:30:51,839 --> 00:30:56,000
That is a huge difference over where we were at, you know

658
00:30:56,000 --> 00:30:59,569
In fact after you know, I got and more into the comparison,

659
00:30:59,569 --> 00:31:00,200
you know

660
00:31:00,799 --> 00:31:03,440
Honestly, I could have justified a one to eight or one to

661
00:31:03,440 --> 00:31:06,640
ten without it being higher than where we're at right now

662
00:31:07,359 --> 00:31:12,170
In that last example that I had before us you saw

663
00:31:12,170 --> 00:31:13,279
mitigation through

664
00:31:13,880 --> 00:31:17,599
replanting on that site was around eight hundred and nine

665
00:31:17,599 --> 00:31:17,839
trees

666
00:31:18,640 --> 00:31:22,170
Under the under what we're proposing it was two hundred and

667
00:31:22,170 --> 00:31:23,720
thirty four trees if I'm not mistaken

668
00:31:24,400 --> 00:31:28,039
That's a huge difference. So don't let you know that six is

669
00:31:28,039 --> 00:31:31,130
that one to six is bigger than where it was before so, you

670
00:31:31,130 --> 00:31:31,359
know

671
00:31:32,480 --> 00:31:34,480
Diameter inch does not translate to

672
00:31:35,000 --> 00:31:38,720
To canopy at all, you know, you can have a 30 inch tree

673
00:31:38,720 --> 00:31:41,440
that has a smaller canopy than a 20 inch tree

674
00:31:41,759 --> 00:31:44,480
It all depends on where that tree is that is in slice

675
00:31:44,480 --> 00:31:47,160
stages. It's not it's not a constant as

676
00:31:47,880 --> 00:31:52,099
Canopy is so that's why I feel very confident with the one

677
00:31:52,099 --> 00:31:55,440
to six ratio, especially since we are giving credit

678
00:31:56,319 --> 00:31:57,839
for

679
00:31:57,839 --> 00:32:00,309
For you know require landscape trees and mitigation trees.

680
00:32:00,309 --> 00:32:01,880
You're basically counting them twice

681
00:32:03,960 --> 00:32:05,440
Okay

682
00:32:05,440 --> 00:32:07,319
Commissioner Ellis

683
00:32:07,319 --> 00:32:10,440
Thank you chair. Um, I guess going back to what when all

684
00:32:10,440 --> 00:32:11,359
was was stating

685
00:32:12,759 --> 00:32:15,619
What is the best way for us to to make this productive and

686
00:32:15,619 --> 00:32:20,259
move forward because I think we're going in circles again

687
00:32:20,259 --> 00:32:24,559
we're not getting any anywhere with this draft and and I

688
00:32:25,799 --> 00:32:29,519
Don't know what the best way is for us to collectively

689
00:32:29,519 --> 00:32:30,559
offer our opinions

690
00:32:30,559 --> 00:32:33,569
I mean I have an opinion which would be to go back to page

691
00:32:33,569 --> 00:32:36,799
one of the draft ordinance and not move beyond it until

692
00:32:36,799 --> 00:32:39,039
Everybody here gives their opinion you write it down

693
00:32:39,039 --> 00:32:41,240
You take it back to where you need to take it back to and

694
00:32:41,240 --> 00:32:42,400
look and see if any of them

695
00:32:42,720 --> 00:32:45,259
Should be addressed then we move to page two that to me

696
00:32:45,259 --> 00:32:47,640
would make sense. So we're

697
00:32:48,200 --> 00:32:50,289
We're getting stuck on things. We're going forward on

698
00:32:50,289 --> 00:32:53,019
things. I'm confused about even what we're talking about so

699
00:32:53,019 --> 00:32:53,200
far

700
00:32:53,599 --> 00:32:56,190
So I don't know how you guys could put anything together

701
00:32:56,190 --> 00:32:59,140
with our comments and and be able to move this forward

702
00:33:00,319 --> 00:33:03,240
We need a better tree code this

703
00:33:04,039 --> 00:33:07,039
Improve this is to improve our tree code. It's to preserve

704
00:33:07,039 --> 00:33:08,319
the 46% of

705
00:33:08,839 --> 00:33:11,750
Undisturbed tree canopy we have on and lots that that are

706
00:33:11,750 --> 00:33:12,960
not yet developed

707
00:33:12,960 --> 00:33:16,119
We need to do something with this and we need to get

708
00:33:16,119 --> 00:33:16,920
something

709
00:33:17,759 --> 00:33:20,589
You know pass through City Council. I'm just trying to

710
00:33:20,589 --> 00:33:23,269
figure out how we're going to get there because we're in

711
00:33:23,269 --> 00:33:24,839
this 35 minutes

712
00:33:25,359 --> 00:33:28,319
We're nowhere where I don't even know where we started in

713
00:33:28,319 --> 00:33:31,559
the ordinance and and it's kind of where we ended up last

714
00:33:31,559 --> 00:33:31,839
week

715
00:33:31,839 --> 00:33:36,680
When we just ran out of time, so I would love to right now

716
00:33:36,680 --> 00:33:38,319
set some kind of

717
00:33:38,720 --> 00:33:41,339
Organized way that we're going to be able to go through

718
00:33:41,339 --> 00:33:42,559
this collectively

719
00:33:43,359 --> 00:33:45,910
Offer our opinions because they're all going to be

720
00:33:45,910 --> 00:33:47,809
different because we all come from different mindsets

721
00:33:47,809 --> 00:33:49,400
different communities different

722
00:33:49,759 --> 00:33:51,759
You know we've got different people talking to us

723
00:33:52,480 --> 00:33:55,640
All of our opinions at least should be heard

724
00:33:55,640 --> 00:33:59,880
I don't know if all of our opinions will play into changing

725
00:33:59,880 --> 00:34:02,039
this this draft, but

726
00:34:02,799 --> 00:34:06,250
We need a way that I guess they can be heard and then have

727
00:34:06,250 --> 00:34:09,280
you guys be able to go through them and then bring it

728
00:34:09,280 --> 00:34:11,280
back to us and

729
00:34:12,000 --> 00:34:14,219
Eventually we whittle it down to something that everybody

730
00:34:14,219 --> 00:34:15,880
can live with and we move it along

731
00:34:17,440 --> 00:34:19,559
I'd love thoughts comments on anything

732
00:34:21,320 --> 00:34:25,679
If we can just get back to your point frame this discussion

733
00:34:25,679 --> 00:34:29,829
I don't the intent of us bringing this document to you is

734
00:34:29,829 --> 00:34:31,599
not for you guys to actually write it

735
00:34:32,000 --> 00:34:35,389
Because we had we have staff that's actually doing that we

736
00:34:35,389 --> 00:34:36,199
have legal staff

737
00:34:36,199 --> 00:34:38,579
That's reviewing it to make sure that it's defensible in

738
00:34:38,579 --> 00:34:42,000
that you know we're in order in that regard

739
00:34:42,599 --> 00:34:45,320
what we need from you guys is comment and

740
00:34:46,880 --> 00:34:48,880
feedback on the general concepts

741
00:34:49,760 --> 00:34:54,679
We broken down the tree code into I guess seven different

742
00:34:54,679 --> 00:34:57,320
or maybe five or six different areas

743
00:34:58,159 --> 00:35:01,920
That comprise the tree code if you go to page three on the

744
00:35:01,920 --> 00:35:04,239
staff memo it tells you what those are

745
00:35:04,880 --> 00:35:06,880
So we can start there

746
00:35:07,320 --> 00:35:10,079
Because that is the bulk of what you guys are

747
00:35:11,079 --> 00:35:14,320
Struggling with or I would need to comment on and then in

748
00:35:14,320 --> 00:35:17,400
addition to that I would recommend that we talk about

749
00:35:18,519 --> 00:35:22,449
The the legal aspects just because I know that's going to

750
00:35:22,449 --> 00:35:23,440
be a question for

751
00:35:23,960 --> 00:35:26,559
Enforcement and appeals and in different things like that

752
00:35:26,719 --> 00:35:31,539
But in general we would like feedback on those five

753
00:35:31,539 --> 00:35:34,599
different concepts that you see on page three of the memo

754
00:35:34,599 --> 00:35:34,800
and

755
00:35:35,000 --> 00:35:37,000
then any of

756
00:35:37,119 --> 00:35:41,920
The I guess conversation about the administrative side of

757
00:35:41,920 --> 00:35:44,119
it. We can maybe hold that to the end

758
00:35:44,719 --> 00:35:47,800
But to get to the meat of it is page three

759
00:35:48,559 --> 00:35:50,559
And that list that we provided

760
00:35:50,559 --> 00:35:54,440
Let's start there and possibly take your recommendations on

761
00:35:54,440 --> 00:35:57,039
what you want to see in there or taken out

762
00:35:59,400 --> 00:36:00,619
Page three of the staff memo. Yeah, I think I'm confused

763
00:36:00,619 --> 00:36:04,219
about what are you talking about? What staff memo are you

764
00:36:04,219 --> 00:36:05,360
addressing?

765
00:36:09,159 --> 00:36:11,159
The backup

766
00:36:19,400 --> 00:36:21,880
I'll just run quickly through what they are

767
00:36:22,400 --> 00:36:25,409
So the five components that we've identified in the tree

768
00:36:25,409 --> 00:36:28,000
code are the number of established tree

769
00:36:28,800 --> 00:36:30,800
designations which that is the

770
00:36:31,199 --> 00:36:33,949
The categories of trees that would be subject to the

771
00:36:33,949 --> 00:36:34,679
ordinance

772
00:36:36,440 --> 00:36:38,869
We have the minimum preservation percentage that's the 30%

773
00:36:38,869 --> 00:36:42,590
that hey would and Jim were just discussing should that be

774
00:36:42,590 --> 00:36:44,639
higher should it be lower?

775
00:36:45,639 --> 00:36:49,719
We have the tree mitigation ratios as well in Jim and Hay

776
00:36:49,719 --> 00:36:51,000
wood's previous discussion

777
00:36:51,000 --> 00:36:54,760
Is it one to four is it one to six is it one to ten?

778
00:36:55,599 --> 00:36:57,599
or lower

779
00:36:58,679 --> 00:37:02,829
What the tree fund payments should be right currently we

780
00:37:02,829 --> 00:37:03,239
have

781
00:37:04,199 --> 00:37:07,480
125 perfect diameter or caliber is

782
00:37:08,440 --> 00:37:11,159
obviously we have to change that because the way we are

783
00:37:11,159 --> 00:37:12,079
proposing to

784
00:37:13,760 --> 00:37:17,480
Enforce the tree code is not based on the the diameter of

785
00:37:17,480 --> 00:37:20,230
the tree anymore is based on the canopy the square footage

786
00:37:20,230 --> 00:37:20,920
of the canopy

787
00:37:20,960 --> 00:37:23,280
so if we need to find a

788
00:37:24,079 --> 00:37:27,679
calculation that translates to canopy so we need your input

789
00:37:27,679 --> 00:37:29,599
on that and then

790
00:37:31,199 --> 00:37:34,480
Preservation incentives or what we proposing

791
00:37:36,199 --> 00:37:39,079
Enough incentive do you feel like it's too much?

792
00:37:39,320 --> 00:37:43,480
How do you want to fall in that area and then the other

793
00:37:43,480 --> 00:37:45,000
areas that I would?

794
00:37:45,440 --> 00:37:49,329
Suggest that we look at or how do we enforce it if the the

795
00:37:49,329 --> 00:37:51,239
criteria that we have for enforcement?

796
00:37:51,679 --> 00:37:55,849
You agree with it or not and then as far as how we administ

797
00:37:55,849 --> 00:37:58,880
rate the document. Are you okay with?

798
00:37:59,840 --> 00:38:01,840
Administrative appeals should it go to City Council?

799
00:38:02,119 --> 00:38:05,719
Those are the things that we are hoping to get input from

800
00:38:05,719 --> 00:38:08,079
you on in these meetings

801
00:38:08,519 --> 00:38:10,519
The document itself we have

802
00:38:11,159 --> 00:38:13,750
Requirements from our legal department that we have to stay

803
00:38:13,750 --> 00:38:15,980
within there's certain language

804
00:38:16,119 --> 00:38:20,559
It has to be written a certain way based on our council so

805
00:38:21,320 --> 00:38:24,510
We can't necessarily we can listen to your concerns on

806
00:38:24,510 --> 00:38:27,760
those but obviously we defer to our legal team for

807
00:38:28,320 --> 00:38:30,320
How that actually plays out?

808
00:38:35,760 --> 00:38:38,800
Okay moving forward what I would like to do and you know

809
00:38:38,800 --> 00:38:41,480
getting back to a panel with Commissioner Ellis was stating

810
00:38:41,480 --> 00:38:44,530
I would like to go on a page turn through the ordinance as

811
00:38:44,530 --> 00:38:47,000
we started out with at the last meeting and

812
00:38:48,239 --> 00:38:50,510
Initially what I was thinking was picking up where we left

813
00:38:50,510 --> 00:38:50,800
off

814
00:38:51,599 --> 00:38:53,880
Then if we need to circle back because I would like to at

815
00:38:53,880 --> 00:38:54,840
least get through this document

816
00:38:55,519 --> 00:38:58,699
Completely at least one time and then if we if we're able

817
00:38:58,699 --> 00:38:59,480
to do that

818
00:38:59,599 --> 00:39:03,019
We can circle back to the beginning and work back up to

819
00:39:03,019 --> 00:39:05,559
page six if that is is okay

820
00:39:06,400 --> 00:39:09,119
Because you know I want to have us jumping around from

821
00:39:09,119 --> 00:39:10,239
different pages

822
00:39:10,519 --> 00:39:13,480
Which makes it difficult for me to follow and everyone else

823
00:39:13,480 --> 00:39:14,880
to follow where we're at

824
00:39:17,679 --> 00:39:20,199
So back to where we stopped

825
00:39:21,199 --> 00:39:23,199
Which was preservation incentives?

826
00:39:24,119 --> 00:39:27,500
And this is a major change from the previous tree code

827
00:39:27,500 --> 00:39:30,280
credit for preserve tree canopy

828
00:39:30,960 --> 00:39:34,000
Under the existing code you only receive credit if you

829
00:39:34,000 --> 00:39:34,800
preserved

830
00:39:35,760 --> 00:39:38,519
above the minimum requirements

831
00:39:39,599 --> 00:39:42,320
towards your future landscape canopy what we're proposing

832
00:39:42,320 --> 00:39:45,219
is that you get credit for every tree that you preserve

833
00:39:45,219 --> 00:39:47,199
towards your landscape canopy

834
00:39:47,400 --> 00:39:50,920
requirements and that would be for our

835
00:39:53,119 --> 00:39:56,079
Protected trees which are trees 18 inches and diameter

836
00:39:56,079 --> 00:39:59,760
above you would get two times the credit

837
00:40:00,239 --> 00:40:04,139
Of what you preserve so if you preserve 10,000 square feet

838
00:40:04,139 --> 00:40:07,579
of tree canopy you would get credit for 20,000 square feet

839
00:40:07,579 --> 00:40:08,400
of tree canopy

840
00:40:09,199 --> 00:40:12,800
For trees that are less than 18 inches it would be a direct

841
00:40:14,079 --> 00:40:16,079
credit a one-to-one ratio

842
00:40:19,199 --> 00:40:23,900
So any any questions comments concerns about that section

843
00:40:26,360 --> 00:40:29,769
Okay, so the next section parking lot design is really a

844
00:40:29,769 --> 00:40:33,119
holdover from the previous code there was nothing changed

845
00:40:33,119 --> 00:40:34,239
with that section

846
00:40:35,280 --> 00:40:37,280
basically that allows

847
00:40:37,280 --> 00:40:40,960
some modifications to be made to parking lot

848
00:40:42,119 --> 00:40:44,119
requirements to preserve

849
00:40:44,119 --> 00:40:46,800
additional trees on the site or to preserve trees on site

850
00:40:54,159 --> 00:40:56,800
I'm sorry Commissioner Ellis apologize. Thank you

851
00:40:58,119 --> 00:41:01,840
Hey, but let me go back because I did have a quick note

852
00:41:01,840 --> 00:41:02,079
here

853
00:41:02,639 --> 00:41:06,170
Back to the incentives there. So where it states that the

854
00:41:06,170 --> 00:41:08,440
preserve chant canopy may be counted

855
00:41:08,440 --> 00:41:12,960
So is that a to be determined thing? It might be maybe I

856
00:41:13,760 --> 00:41:16,150
Was confused how that was written. I don't know if I'm

857
00:41:16,150 --> 00:41:19,130
allowed to say that because it's I'm not trying to rewrite

858
00:41:19,130 --> 00:41:19,320
it

859
00:41:19,320 --> 00:41:22,500
I'm confused the way it's written. It says the preserve

860
00:41:22,500 --> 00:41:24,039
tree canopy may be counted

861
00:41:24,199 --> 00:41:28,000
So my note says will it be or is that to be determined?

862
00:41:28,760 --> 00:41:32,230
Yeah, that it will be I mean that's a miss. I mean, you

863
00:41:32,230 --> 00:41:32,639
know

864
00:41:33,159 --> 00:41:36,750
Okay, so my thinking is the preserve tree canopy will be

865
00:41:36,750 --> 00:41:37,440
counted

866
00:41:38,880 --> 00:41:40,880
Yeah, making a note of that

867
00:41:41,599 --> 00:41:44,889
Because the idea is to you know for that to be just

868
00:41:44,889 --> 00:41:45,760
standard

869
00:41:45,760 --> 00:41:48,480
Yeah, because the waves when I read it it it almost looked

870
00:41:48,480 --> 00:41:51,159
like it was going to be determined on whether it was going

871
00:41:51,159 --> 00:41:51,400
to

872
00:41:51,400 --> 00:41:52,800
be counted or not

873
00:41:52,800 --> 00:41:55,920
And then the next line where it says a developer may

874
00:41:55,920 --> 00:41:59,119
receive credits, but you're saying they will receive credit

875
00:41:59,119 --> 00:42:00,239
. Okay, thanks

876
00:42:04,320 --> 00:42:07,559
Okay turning over to the next page mitigation

877
00:42:12,199 --> 00:42:14,199
Now this whole section here

878
00:42:16,079 --> 00:42:20,400
Basically one through three that's that's all new to the

879
00:42:20,400 --> 00:42:21,119
code

880
00:42:23,280 --> 00:42:25,630
Starting off if preservation can't reasonably achieve the

881
00:42:25,630 --> 00:42:30,130
mitigation may provide may be provided through replanting

882
00:42:30,130 --> 00:42:30,400
or

883
00:42:30,800 --> 00:42:32,719
payment into the tree fund

884
00:42:32,719 --> 00:42:36,210
The following mitigation shall apply so we're given you

885
00:42:36,210 --> 00:42:38,159
know up to 10% of the trees

886
00:42:38,840 --> 00:42:41,199
that are existing on site may be removed and mitigated

887
00:42:41,199 --> 00:42:43,840
through either payment into the tree fund or

888
00:42:45,079 --> 00:42:47,800
Replanting of trees on site again those trees that you're

889
00:42:47,800 --> 00:42:48,639
replanting

890
00:42:49,079 --> 00:42:52,420
Count towards your required landscape trees that you have

891
00:42:52,420 --> 00:42:53,360
to plant anyway

892
00:42:55,199 --> 00:42:57,590
And again that's at the one to six ratio which we just you

893
00:42:57,590 --> 00:43:00,280
know had some conversation about

894
00:43:02,760 --> 00:43:06,179
For payment into the tree fund what we're going to since we

895
00:43:06,179 --> 00:43:07,480
're going to canopy is

896
00:43:08,079 --> 00:43:10,699
Basing the payment off of a square foot of canopy

897
00:43:11,280 --> 00:43:14,719
Again, that number is based on data that we received in our

898
00:43:14,719 --> 00:43:17,320
state of Denton urban forest report

899
00:43:17,920 --> 00:43:19,920
and it's basically

900
00:43:20,920 --> 00:43:24,119
Taking the the structural value plus ten years of of

901
00:43:24,119 --> 00:43:28,019
environmental benefits that we received from trees and

902
00:43:29,480 --> 00:43:32,420
Calculating you know how much that is worth per square foot

903
00:43:32,420 --> 00:43:34,920
of canopy that we have here in Denton

904
00:43:38,360 --> 00:43:42,409
Okay the next number here mitigation of tree canopy square

905
00:43:42,409 --> 00:43:45,079
footage may be counted towards total landscape canopy at a

906
00:43:45,079 --> 00:43:45,480
one-to-one ratio

907
00:43:45,840 --> 00:43:48,519
Again restating the credit this that's given

908
00:43:49,920 --> 00:43:52,719
Each mitigation tree must be three inch calipers

909
00:43:53,920 --> 00:43:55,920
measure six inches above grade

910
00:43:57,039 --> 00:44:00,639
Current code is two inches in caliper what we're finding is

911
00:44:00,639 --> 00:44:03,750
most developments are planting three inch caliper trees

912
00:44:03,750 --> 00:44:04,119
anyway

913
00:44:04,119 --> 00:44:06,119
So we didn't see that that would be

914
00:44:06,239 --> 00:44:09,960
You know really anything beyond what what we're seeing you

915
00:44:09,960 --> 00:44:13,440
know primarily going in in town on our landscape plans

916
00:44:14,960 --> 00:44:19,769
Any six inches above grade rather than four four feet six

917
00:44:19,769 --> 00:44:20,960
inch which is brush tithe

918
00:44:20,960 --> 00:44:23,170
Which is what we currently are doing you're going to change

919
00:44:23,170 --> 00:44:26,880
it to six inches above yes standard practice for measuring

920
00:44:26,880 --> 00:44:28,139
small trees

921
00:44:29,280 --> 00:44:31,500
You know trees coming out of the nursery is measuring cal

922
00:44:31,500 --> 00:44:34,239
iper inch which is six inches above grade

923
00:44:34,760 --> 00:44:36,760
once you get over

924
00:44:37,119 --> 00:44:39,039
You know generally

925
00:44:39,039 --> 00:44:41,889
About five or six inches I have to go back to look at the

926
00:44:41,889 --> 00:44:44,960
standard then you you move up to breast height which is

927
00:44:44,960 --> 00:44:45,239
four and

928
00:44:45,239 --> 00:44:46,760
a half feet above grade

929
00:44:46,760 --> 00:44:49,139
Okay, I know that's referred here in the ordinance at the

930
00:44:49,139 --> 00:44:51,599
beginning, but that's the first place. I've seen it six

931
00:44:51,599 --> 00:44:51,760
inch

932
00:44:51,760 --> 00:44:55,139
I didn't know if it was a mistake or I mean an over look.

933
00:44:55,139 --> 00:44:56,000
Yeah, that's how

934
00:44:56,679 --> 00:44:59,699
Whenever you purchase a tree from the nursery you know that

935
00:44:59,699 --> 00:45:02,409
's where they're measuring from so if you're expecting a six

936
00:45:02,409 --> 00:45:03,639
inch at breast height

937
00:45:03,639 --> 00:45:06,760
It's going to be smaller or three inches at breast height

938
00:45:06,760 --> 00:45:08,079
is going to be a smaller tree

939
00:45:08,079 --> 00:45:11,880
Correct, then no, okay. What's stated here? Thank you. Okay

940
00:45:13,159 --> 00:45:16,639
Any other questions on this mitigation section comments

941
00:45:16,639 --> 00:45:17,480
concerns

942
00:45:18,440 --> 00:45:21,659
Commissioner Ellis, thank you. Um so just to clarify it's

943
00:45:21,659 --> 00:45:23,739
up to 10% right correct

944
00:45:23,739 --> 00:45:26,349
That's the maximum correct that they can pay into the fund

945
00:45:26,349 --> 00:45:26,800
correct

946
00:45:29,119 --> 00:45:31,760
Commissioner back. Thank you. They would

947
00:45:33,000 --> 00:45:35,920
On mitigation we didn't get to it yet, but number four

948
00:45:35,920 --> 00:45:36,659
their IV

949
00:45:38,159 --> 00:45:40,159
Gaswell operators

950
00:45:40,280 --> 00:45:43,300
Down there says the applicant shall mitigate the removal by

951
00:45:43,300 --> 00:45:46,159
paying established tree mitigation fee for 35%

952
00:45:47,199 --> 00:45:50,190
of the total square canopy so they're getting a discount it

953
00:45:50,190 --> 00:45:51,079
sounds like

954
00:45:51,679 --> 00:45:53,320
Not exactly

955
00:45:53,320 --> 00:45:56,099
Guess what development is a little bit type different type

956
00:45:56,099 --> 00:45:58,840
of development than what you have with your traditional

957
00:45:58,840 --> 00:46:01,460
You know with when you're if you're developing residential

958
00:46:01,460 --> 00:46:04,179
commercial, so this is actually in the existing ordinance

959
00:46:04,960 --> 00:46:06,960
and what

960
00:46:07,159 --> 00:46:09,920
Gaswell providers required to do under existing is

961
00:46:09,920 --> 00:46:11,000
basically

962
00:46:12,119 --> 00:46:14,119
mitigate through payment

963
00:46:14,239 --> 00:46:17,769
Based on what they take out because a lot of times they're

964
00:46:17,769 --> 00:46:18,159
there

965
00:46:18,159 --> 00:46:20,920
You know having their access rolled in and a pad site and

966
00:46:20,920 --> 00:46:23,039
the site may be you know, 100 acres

967
00:46:25,519 --> 00:46:29,500
The the only change to this is that you know, I think on

968
00:46:29,500 --> 00:46:30,980
the existing code is 25%

969
00:46:31,679 --> 00:46:35,199
Under what we're proposing is 35% of the canopy

970
00:46:35,800 --> 00:46:37,400
Okay

971
00:46:37,400 --> 00:46:40,349
We can come back and look at if we need to yeah. Thank you.

972
00:46:40,349 --> 00:46:40,679
Mm-hmm

973
00:46:41,519 --> 00:46:44,159
Can you make there's 35 instead of the 30?

974
00:46:45,039 --> 00:46:48,739
Yes, it's well, that's not they're not required to preserve

975
00:46:49,480 --> 00:46:53,519
30% or 35% what they are required to do is mitigate for 35%

976
00:46:53,519 --> 00:46:56,679
of what they take out. So if they take out

977
00:46:58,280 --> 00:47:01,380
100,000 square feet of canopy where they mitigate for 35,

978
00:47:01,380 --> 00:47:02,880
000 square feet of canopy

979
00:47:03,679 --> 00:47:05,679
That's how that works

980
00:47:05,960 --> 00:47:07,960
Okay

981
00:47:10,400 --> 00:47:13,840
Okay, next section is about the tree fun

982
00:47:14,760 --> 00:47:17,079
Which there wasn't well, there was some rewording

983
00:47:17,920 --> 00:47:21,840
recently discovered in and in section a of the of how it

984
00:47:21,840 --> 00:47:25,639
was written, but the meaning is the same I

985
00:47:25,960 --> 00:47:29,250
Want to go back over that again visit that section with our

986
00:47:29,250 --> 00:47:30,079
legal staff

987
00:47:30,719 --> 00:47:33,309
Just because of you know, how was written is not as I don't

988
00:47:33,309 --> 00:47:35,519
think it's direct as it was initially

989
00:47:36,079 --> 00:47:39,500
I'm not sure why the changes were recommended for that one

990
00:47:39,500 --> 00:47:40,139
section

991
00:47:40,880 --> 00:47:44,119
But basically this section eight talks about

992
00:47:44,840 --> 00:47:46,840
the city administering the tree fun

993
00:47:47,239 --> 00:47:50,420
The types of purchases or uses that can be made with the

994
00:47:50,420 --> 00:47:54,269
tree fun to purchase plant maintain trees preserve wooded

995
00:47:54,269 --> 00:47:55,000
property

996
00:47:55,599 --> 00:47:58,320
There remains in a naturalistic state and perpetuity

997
00:47:58,920 --> 00:48:02,369
To perform and maintain a city-wide tree inventory and to

998
00:48:02,369 --> 00:48:06,010
educate citizens and developers on the preservation care

999
00:48:06,010 --> 00:48:06,599
and maintenance

1000
00:48:07,519 --> 00:48:10,239
benefits and value of trees within the city of Denton and

1001
00:48:11,679 --> 00:48:13,960
This next line was something that was

1002
00:48:15,039 --> 00:48:16,119
changed

1003
00:48:16,119 --> 00:48:19,559
Amended last well as was in the summer of 2015

1004
00:48:20,039 --> 00:48:23,400
The tree the tree fun may also be used to support programs

1005
00:48:23,400 --> 00:48:26,440
for the public purpose of increasing the tree canopy

1006
00:48:27,159 --> 00:48:29,630
Within the city of Denton as approved by the City Council

1007
00:48:29,630 --> 00:48:33,000
and that was a request from City Council

1008
00:48:33,360 --> 00:48:36,960
To make changes to the uses of the tree fun to allow us to

1009
00:48:36,960 --> 00:48:40,119
provide trees to be planted on private property prior to

1010
00:48:40,119 --> 00:48:40,480
that

1011
00:48:40,880 --> 00:48:44,800
The trees had to be planted on public property. And so that

1012
00:48:44,800 --> 00:48:45,920
that's what allowed

1013
00:48:46,800 --> 00:48:48,800
basically the funds or the programs that

1014
00:48:49,400 --> 00:48:52,670
Were running through KDB to actually happen because a lot

1015
00:48:52,670 --> 00:48:56,320
of those programs are providing trees that can go on on

1016
00:48:56,639 --> 00:48:58,260
private properties

1017
00:48:58,260 --> 00:49:00,260
Commissioner back. Thank you chair

1018
00:49:01,880 --> 00:49:04,289
Back up there where you said to preserve wooded property

1019
00:49:04,289 --> 00:49:06,679
remaining in a natural state in

1020
00:49:07,960 --> 00:49:11,340
Perttuity does this go to the heart of the city actually

1021
00:49:11,340 --> 00:49:13,840
buying large segments

1022
00:49:14,800 --> 00:49:17,639
say we're talking about land was a lot of trees and

1023
00:49:19,000 --> 00:49:21,719
We want to preserve them because the developers do come in

1024
00:49:21,719 --> 00:49:23,360
we're going to lose a lot of trees

1025
00:49:23,360 --> 00:49:25,559
So we don't want the property owner to suffer

1026
00:49:26,079 --> 00:49:28,619
Would we use the funding here then say okay?

1027
00:49:29,760 --> 00:49:32,840
This is going to cost a lot as far as losing trees. Would

1028
00:49:32,840 --> 00:49:35,460
we buy that area then to preserve those trees?

1029
00:49:36,199 --> 00:49:39,199
Yes, that's what we're going to be developed. It would be

1030
00:49:39,199 --> 00:49:40,159
kept in perpetuity

1031
00:49:40,679 --> 00:49:43,969
Right. Okay. Yeah, that's what that allows us. Okay. Okay.

1032
00:49:43,969 --> 00:49:46,760
Yes, exactly. That's what I need to clarify. Thank you

1033
00:49:49,000 --> 00:49:50,320
Okay

1034
00:49:50,320 --> 00:49:52,320
number letter B here

1035
00:49:52,480 --> 00:49:54,679
proceeds of the tree fund should not be

1036
00:49:55,239 --> 00:49:57,389
Should not be used to meet any requirements for

1037
00:49:57,389 --> 00:49:58,920
preservation mitigation

1038
00:49:59,679 --> 00:50:02,289
landscape buffering streetscape in the other some other

1039
00:50:02,289 --> 00:50:05,300
similar requirements in the development code and the

1040
00:50:05,300 --> 00:50:07,639
develop the Denton code of ordinances

1041
00:50:07,800 --> 00:50:11,389
So basically that section says that you know a developer

1042
00:50:11,389 --> 00:50:14,079
can't or any site that's being developed

1043
00:50:14,679 --> 00:50:17,190
Can't apply for one of these programs that we have for

1044
00:50:17,190 --> 00:50:20,800
planting trees on private property to meet their required

1045
00:50:22,000 --> 00:50:24,199
landscape requirements pertaining to trees

1046
00:50:26,239 --> 00:50:29,389
So the next section basically states the applicant shall

1047
00:50:29,389 --> 00:50:34,699
pay fees established by the City Council published in the

1048
00:50:35,400 --> 00:50:37,400
development review fee schedule

1049
00:50:37,840 --> 00:50:39,840
the application criteria manual

1050
00:50:40,800 --> 00:50:43,599
Which may from time to time be amended. It's just stating

1051
00:50:43,599 --> 00:50:45,039
where that fee will be

1052
00:50:45,800 --> 00:50:49,260
Published and one thing and even with the existing code. We

1053
00:50:49,260 --> 00:50:52,159
don't have the mitigation fee in the code

1054
00:50:52,440 --> 00:50:55,659
We have it in areas where you know when whenever it needs

1055
00:50:55,659 --> 00:50:58,920
to be adjusted. It's a you know, a little bit more

1056
00:50:59,800 --> 00:51:01,800
efficient process to get that done

1057
00:51:05,000 --> 00:51:07,059
Commissioner Ellis, yeah, thank you. This is sort of tongue

1058
00:51:07,059 --> 00:51:08,039
-in-cheek

1059
00:51:09,519 --> 00:51:12,420
From one of the last codes we tried to rewrite

1060
00:51:12,920 --> 00:51:15,429
There's a lot of shells in this and we were redlining

1061
00:51:15,429 --> 00:51:18,789
through that in the last discussion we had I think about

1062
00:51:18,789 --> 00:51:19,199
parking

1063
00:51:19,199 --> 00:51:21,699
So I'm just gonna throw that out there. There's several

1064
00:51:21,699 --> 00:51:24,900
shells in that paragraph. Oh, yeah, I'm gonna be must or

1065
00:51:25,440 --> 00:51:27,940
Yeah, yeah, that's one of those sections

1066
00:51:28,460 --> 00:51:32,440
Also because it was revised a couple, you know just in 2015

1067
00:51:32,440 --> 00:51:34,869
I didn't even really look at that to take those out, but I

1068
00:51:34,869 --> 00:51:38,760
'll I'll make that note to to get the shells out

1069
00:51:40,760 --> 00:51:42,760
Or replace the shells

1070
00:51:46,960 --> 00:51:51,340
Okay letter D the applicant must pay fees contributing to

1071
00:51:51,340 --> 00:51:52,079
the tree fund

1072
00:51:52,639 --> 00:51:56,000
Prior to the issuance of a gas well development plat a gas

1073
00:51:56,000 --> 00:52:00,320
well site plan or the following of a final plat in the

1074
00:52:00,320 --> 00:52:03,639
Denton County Court County clerk's office

1075
00:52:04,239 --> 00:52:07,480
for a single residential subdivision clearing and grading

1076
00:52:07,480 --> 00:52:07,920
permit

1077
00:52:08,480 --> 00:52:11,389
clearing and grubbing permit or building permit on all

1078
00:52:11,389 --> 00:52:15,119
commercial industrial or multifamily residential

1079
00:52:15,119 --> 00:52:16,000
developments

1080
00:52:16,960 --> 00:52:18,960
Would not be issued until

1081
00:52:19,039 --> 00:52:22,650
Would not be issued prior to this payment. So basically

1082
00:52:22,650 --> 00:52:24,840
that's just stating when that payment is due

1083
00:52:25,920 --> 00:52:28,360
So that everyone is clear that you know

1084
00:52:28,360 --> 00:52:31,079
It goes you know with those permits because what we want to

1085
00:52:31,079 --> 00:52:34,389
do is have those fees paid prior to trees actually being

1086
00:52:34,389 --> 00:52:35,019
removed

1087
00:52:35,800 --> 00:52:36,840
and

1088
00:52:36,840 --> 00:52:40,480
This was that section. I thought it was a but it was D that

1089
00:52:40,480 --> 00:52:43,840
kind of got reworked and I'm not sure why it was reworked

1090
00:52:43,840 --> 00:52:44,199
but

1091
00:52:46,239 --> 00:52:49,519
It doesn't flow I think as well as it should

1092
00:52:55,119 --> 00:52:55,829
Any questions or any additional questions or comments on

1093
00:52:55,829 --> 00:53:00,239
that section dealing with the tree fund

1094
00:53:00,840 --> 00:53:03,599
Commissioner Ellis, thank you chair. I just on that comment

1095
00:53:03,599 --> 00:53:05,639
. I think I emailed you this that paragraph

1096
00:53:05,639 --> 00:53:08,889
I found really confusing just the way it was worded. It

1097
00:53:08,889 --> 00:53:09,280
just

1098
00:53:09,800 --> 00:53:13,599
It had to be reread many many times. So I think I sent

1099
00:53:14,159 --> 00:53:16,980
An opinion about that, but I'll send it again if you don't

1100
00:53:16,980 --> 00:53:18,219
have it. Okay

1101
00:53:19,960 --> 00:53:22,190
The only comment I'll make is I'm gonna echo Commissioner

1102
00:53:22,190 --> 00:53:23,179
Beck's point

1103
00:53:23,599 --> 00:53:26,719
Which I know I've brought up prior to these meetings

1104
00:53:27,320 --> 00:53:29,119
recently is

1105
00:53:29,119 --> 00:53:32,590
The city taking the role on purchasing these properties and

1106
00:53:32,590 --> 00:53:34,019
doing the preservation

1107
00:53:35,579 --> 00:53:39,630
My opinion is still the same and I think it's feared by a

1108
00:53:39,630 --> 00:53:42,820
lot of private property owners if this is public opinion

1109
00:53:43,320 --> 00:53:46,530
For the city of Dent public policy tree preservation. I

1110
00:53:46,530 --> 00:53:47,659
think it's the city's

1111
00:53:49,199 --> 00:53:52,280
Responsibility to take care of that procure the property

1112
00:53:52,960 --> 00:53:55,429
Plant the trees and I don't think it needs to be pushed off

1113
00:53:55,429 --> 00:53:57,719
on the individual property owners

1114
00:53:58,039 --> 00:54:01,380
We can call them developers or whatever that for the city's

1115
00:54:01,380 --> 00:54:01,739
good

1116
00:54:02,320 --> 00:54:04,320
The trees that are on your property

1117
00:54:04,559 --> 00:54:07,380
You have to do certain things with them for the overall

1118
00:54:07,380 --> 00:54:11,119
good of our community and I just have a philosophical

1119
00:54:12,119 --> 00:54:15,849
Opinion about that. So I'm all in favor of the city taking

1120
00:54:15,849 --> 00:54:19,079
the lead on this and doing it rather than

1121
00:54:19,760 --> 00:54:22,559
forcing private property owners and individuals to be the

1122
00:54:22,559 --> 00:54:24,800
one that bear the burden of the

1123
00:54:25,400 --> 00:54:28,929
implementation of this for the public good so I'm in favor

1124
00:54:28,929 --> 00:54:30,960
of the perpetuity of it and

1125
00:54:31,679 --> 00:54:34,260
In city buying properties and are paying

1126
00:54:34,719 --> 00:54:38,920
You want to take the 20% and buy it from the gentleman?

1127
00:54:38,920 --> 00:54:41,340
They say you can't cut it down and we'll pay you for it

1128
00:54:42,119 --> 00:54:45,510
Well, that's a whole different deal than requiring them to

1129
00:54:45,510 --> 00:54:48,920
keep the 20% and that's out of their pocket

1130
00:54:49,079 --> 00:54:52,679
So I think there would be a lot more buy-in from

1131
00:54:52,679 --> 00:54:53,760
stakeholders

1132
00:54:54,800 --> 00:54:57,789
This is gonna be public policy and we're going to require

1133
00:54:57,789 --> 00:55:01,440
you to do it and we'll preserve a certain amount. We'll buy

1134
00:55:01,440 --> 00:55:01,519
it

1135
00:55:02,239 --> 00:55:04,750
And we'll buy the preserve the trees that we're requiring

1136
00:55:04,750 --> 00:55:07,599
you to preserve the city will buy it and maintain it

1137
00:55:07,920 --> 00:55:11,059
It doesn't have to be a private homeowner association doesn

1138
00:55:11,059 --> 00:55:13,719
't have to have private GL policies covering it

1139
00:55:13,760 --> 00:55:16,079
It's private property that the public can't go to

1140
00:55:16,679 --> 00:55:19,289
I think city needs to buy that stuff and and bear the

1141
00:55:19,289 --> 00:55:21,360
burden for it if it's public policy

1142
00:55:21,360 --> 00:55:24,760
So that's gonna be my comment on that section

1143
00:55:28,039 --> 00:55:30,039
Okay

1144
00:55:30,079 --> 00:55:33,519
So the next section removal of trees and this section here

1145
00:55:33,519 --> 00:55:35,820
was reworked quite a bit

1146
00:55:37,000 --> 00:55:40,039
From the previous code. So I'm gonna start off with a

1147
00:55:40,639 --> 00:55:42,840
number one any person

1148
00:55:43,639 --> 00:55:46,369
Must obtain a tree removal permit from the city prior to a

1149
00:55:46,369 --> 00:55:48,360
removal of any tree in the city

1150
00:55:50,599 --> 00:55:53,239
The tree removal permit is not required for

1151
00:55:53,800 --> 00:55:57,519
Exempt trees actually that's I'm not even sure how that got

1152
00:55:57,519 --> 00:55:57,719
in

1153
00:55:57,719 --> 00:56:01,809
I think that came from another section because the idea is

1154
00:56:01,809 --> 00:56:03,159
not to allow I mean

1155
00:56:05,400 --> 00:56:08,480
In fact scratch that number two out of there

1156
00:56:10,159 --> 00:56:11,599
Because

1157
00:56:11,599 --> 00:56:14,480
Even for an exempt tree the exempt trees are exempt from

1158
00:56:14,480 --> 00:56:16,219
preservation requirements

1159
00:56:16,219 --> 00:56:19,750
But you will still need to obtain a permit and it gets back

1160
00:56:19,750 --> 00:56:22,880
to I can't remember who was mentioned in the last meeting

1161
00:56:23,320 --> 00:56:24,599
about

1162
00:56:24,599 --> 00:56:27,210
You know someone going in on a undeveloped site and

1163
00:56:27,210 --> 00:56:29,909
removing, you know, all the exempt trees prior to

1164
00:56:29,909 --> 00:56:30,559
development

1165
00:56:30,559 --> 00:56:33,079
Yes, Commissioner Tyler. Yeah, so yeah

1166
00:56:33,480 --> 00:56:36,539
So, you know, we don't want to get into that situation. It

1167
00:56:36,539 --> 00:56:38,760
gets very difficult to police

1168
00:56:40,039 --> 00:56:43,599
You know just having someone allowed to go out on you know

1169
00:56:44,119 --> 00:56:46,869
30 acre track and start removing trees thinking that they

1170
00:56:46,869 --> 00:56:48,840
're exempt and they may not be exempt

1171
00:56:49,440 --> 00:56:53,000
Which can result into you know, quite a bit of fines

1172
00:56:57,480 --> 00:57:00,440
For removal, yes, yes, they are exempt from

1173
00:57:01,320 --> 00:57:03,000
being required for

1174
00:57:03,000 --> 00:57:06,920
preservation but not from having a permit to remove them

1175
00:57:08,239 --> 00:57:09,840
Commissioner Beck

1176
00:57:09,840 --> 00:57:12,840
Thank you chair. Let me make another suggestion. Maybe

1177
00:57:12,840 --> 00:57:14,800
streamline this one section here a little bit

1178
00:57:15,400 --> 00:57:18,929
So you want to get rid of two is that what you said? Yes.

1179
00:57:18,929 --> 00:57:19,159
Okay

1180
00:57:19,440 --> 00:57:23,449
If you took one in three and made it one deal, let me read

1181
00:57:23,449 --> 00:57:25,440
it out the way it seems like it sounds better

1182
00:57:26,079 --> 00:57:28,510
Starting with number one any person must obtain a tree

1183
00:57:28,510 --> 00:57:31,900
removal permit from the city prior to the removal of any

1184
00:57:31,900 --> 00:57:32,679
tree in the city

1185
00:57:32,679 --> 00:57:36,550
And then add the words except for and they go down here for

1186
00:57:36,550 --> 00:57:40,079
trees less than five inches DBH that are looking blah blah

1187
00:57:40,079 --> 00:57:40,679
blah

1188
00:57:40,679 --> 00:57:43,449
Is that possible? We could just make that one full since

1189
00:57:43,449 --> 00:57:46,170
because it sounds like you're saying a person like you're

1190
00:57:46,170 --> 00:57:47,559
saying they do have to pay

1191
00:57:49,559 --> 00:57:52,119
Obtain a tree permit and then you come down here say well,

1192
00:57:52,119 --> 00:57:53,219
no, not really for this

1193
00:57:53,360 --> 00:57:56,639
So if that were all like one sentence would that make it

1194
00:57:56,639 --> 00:57:57,280
simpler?

1195
00:57:58,360 --> 00:58:00,360
It seems like

1196
00:58:03,239 --> 00:58:04,820
Yeah, are you with me? Hey, what are doing which I'm

1197
00:58:04,820 --> 00:58:09,679
looking at the language here I can be confusing sometimes I

1198
00:58:09,679 --> 00:58:10,239
know

1199
00:58:10,239 --> 00:58:12,829
I see what you're saying. I'm okay. We can we can

1200
00:58:12,829 --> 00:58:15,590
definitely look like I mean make it all one thing make it

1201
00:58:15,590 --> 00:58:16,079
all one

1202
00:58:16,320 --> 00:58:18,800
You know concise that'll work you think I?

1203
00:58:19,599 --> 00:58:22,920
Think so, you know, we'll okay, you know take a look at it

1204
00:58:22,920 --> 00:58:25,909
It all runs through through legal just to make sure that

1205
00:58:25,909 --> 00:58:28,690
okay from their perspective it makes sense to run it

1206
00:58:28,690 --> 00:58:30,039
through legal. Yeah

1207
00:58:30,920 --> 00:58:32,599
Commissioner else

1208
00:58:32,599 --> 00:58:34,639
Thank you chair. Yeah, and just in that same

1209
00:58:34,639 --> 00:58:38,219
I guess area I guess is where we would want to to put

1210
00:58:38,219 --> 00:58:41,730
something to protect the single-family homeowner that we're

1211
00:58:41,730 --> 00:58:42,500
trying not to get

1212
00:58:43,239 --> 00:58:46,039
Hamstrung by this. I mean, I know they still require a tree

1213
00:58:46,039 --> 00:58:46,800
permit

1214
00:58:46,800 --> 00:58:49,349
But I guess going back to our earlier discussion with

1215
00:58:49,349 --> 00:58:51,880
Commissioner Sullivan and and and chair

1216
00:58:52,360 --> 00:58:54,360
I would think that

1217
00:58:54,719 --> 00:58:57,550
Whatever we're gonna add this would be the place where we

1218
00:58:57,550 --> 00:59:00,420
need to add it to have that protection

1219
00:59:00,920 --> 00:59:02,920
correct or

1220
00:59:11,199 --> 00:59:11,269
But what protection specifically are you talking about for

1221
00:59:11,269 --> 00:59:14,920
a single-family homeowner?

1222
00:59:15,440 --> 00:59:18,769
Well, that's a good question. What that what are we talking

1223
00:59:18,769 --> 00:59:21,760
about for the protection of a single-family homeowner? So

1224
00:59:27,599 --> 00:59:30,710
Yeah, no right and I mean we started with the tree that was

1225
00:59:30,710 --> 00:59:33,690
originally preserved and then I know Commissioner Sullivan

1226
00:59:33,690 --> 00:59:34,760
brought up if he's

1227
00:59:34,760 --> 00:59:38,199
He wants to move a tree on his property. I mean, how do we?

1228
00:59:39,400 --> 00:59:43,239
because we're really not doing this this code to

1229
00:59:43,960 --> 00:59:46,489
Not allow Commissioner Sullivan necessarily to remove a

1230
00:59:46,489 --> 00:59:48,440
tree and put in a deck or something

1231
00:59:48,440 --> 00:59:51,760
But but how do we how do we put it in words here?

1232
00:59:52,360 --> 00:59:55,469
that you know, and I don't I don't I guess I don't have the

1233
00:59:55,469 --> 00:59:57,400
words right at this moment, but

1234
00:59:58,119 --> 01:00:01,119
something it would seem would need to be crafted here to to

1235
01:00:01,719 --> 01:00:06,690
To better describe who's required to get a permit and go

1236
01:00:06,690 --> 01:00:07,679
through

1237
01:00:08,800 --> 01:00:10,800
the removal process

1238
01:00:10,800 --> 01:00:12,800
back up a

1239
01:00:12,840 --> 01:00:15,079
Step here under the current code

1240
01:00:16,440 --> 01:00:18,440
single-family and duplex

1241
01:00:18,559 --> 01:00:22,130
Properties or required a permit for removal for five or

1242
01:00:22,130 --> 01:00:24,079
more trees on their property

1243
01:00:24,320 --> 01:00:28,059
So the fact of them having a permit is not something that's

1244
01:00:28,059 --> 01:00:31,679
totally new is just based on the number of trees that they

1245
01:00:31,679 --> 01:00:32,199
are removing

1246
01:00:33,320 --> 01:00:36,639
What we were trying to do because saying five or more

1247
01:00:36,639 --> 01:00:38,440
permit five or more trees

1248
01:00:38,440 --> 01:00:44,449
It doesn't say per year per week per day. It's just very

1249
01:00:44,449 --> 01:00:45,159
open. So

1250
01:00:45,760 --> 01:00:49,909
What our intent was just to require a permit for removing

1251
01:00:49,909 --> 01:00:51,039
trees that are?

1252
01:00:51,880 --> 01:00:56,050
Are less than five inches in diameter a five inch diameter

1253
01:00:56,050 --> 01:00:58,599
tree is it's a nice size tree

1254
01:00:59,360 --> 01:01:02,230
But it's something that you know a homeowner, you know can

1255
01:01:02,230 --> 01:01:04,500
you know, probably safely remove

1256
01:01:05,159 --> 01:01:07,599
If you price that tree at a nursery, you're talking, you

1257
01:01:07,599 --> 01:01:10,920
know a tree that's you know over a thousand dollars planted

1258
01:01:11,559 --> 01:01:14,039
So it's not you know, just small

1259
01:01:14,599 --> 01:01:16,599
You know tree that

1260
01:01:17,119 --> 01:01:19,119
That we're talking about here

1261
01:01:19,760 --> 01:01:22,619
Yeah, I guess I'm just trying for more clarity there

1262
01:01:22,619 --> 01:01:26,949
because I honestly don't really in my mind know what a five

1263
01:01:26,949 --> 01:01:27,360
inch

1264
01:01:29,599 --> 01:01:33,079
Well DBH I think is different though, right no, that's not

1265
01:01:34,880 --> 01:01:38,320
That's the conference diameter is your cross-section so

1266
01:01:39,039 --> 01:01:43,250
Five inch diameter is going to be you know, probably about

1267
01:01:43,250 --> 01:01:43,559
this

1268
01:01:43,559 --> 01:01:47,010
So if you take a ruler and you measure five inches, you're

1269
01:01:47,010 --> 01:01:49,179
measuring five inches straight through the trunk of the

1270
01:01:49,179 --> 01:01:49,400
tree

1271
01:01:49,719 --> 01:01:52,750
So and you're measuring at a certain height correct when

1272
01:01:52,750 --> 01:01:57,480
you're doing that? Yes. Yes. Okay, that's four and a half

1273
01:01:58,119 --> 01:02:01,730
Feet above above ground that five six inches is where you

1274
01:02:01,730 --> 01:02:04,639
break off from measuring caliper to diameter

1275
01:02:04,880 --> 01:02:07,440
So it's a decent sized tree

1276
01:02:08,320 --> 01:02:11,639
That we're talking about here to capture Commissioner

1277
01:02:12,360 --> 01:02:15,480
Sullivan and Ellis's comment about the homeowner

1278
01:02:16,000 --> 01:02:19,719
We may need to make to write that the recommendation is to

1279
01:02:19,719 --> 01:02:22,519
exempt the homeowner from the preservation and mitigation

1280
01:02:22,519 --> 01:02:23,440
requirements

1281
01:02:23,440 --> 01:02:26,840
So we'll do that and that's actually found at the beginning

1282
01:02:26,840 --> 01:02:27,679
of the document

1283
01:02:33,280 --> 01:02:37,130
Commissioner back. Thank you chair. Again, don't get bogged

1284
01:02:37,130 --> 01:02:37,760
down in this but

1285
01:02:40,800 --> 01:02:42,800
Just lose my train of thought I

1286
01:02:45,320 --> 01:02:49,079
Did I'll come back to it sorry buzz back in

1287
01:02:50,880 --> 01:02:52,880
Yeah, and the other

1288
01:02:53,239 --> 01:02:55,610
Reason for requiring those permits was because under the

1289
01:02:55,610 --> 01:02:57,800
current code there is somewhat of a loophole

1290
01:02:58,559 --> 01:03:01,639
Because of that, you know only five trees on a single

1291
01:03:01,639 --> 01:03:03,159
family or a duplex lot

1292
01:03:03,159 --> 01:03:05,980
If someone is coming in to redevelop that property the

1293
01:03:05,980 --> 01:03:07,800
current code doesn't state, you know

1294
01:03:07,800 --> 01:03:11,670
It has to be occupied property or if it's vacant so, you

1295
01:03:11,670 --> 01:03:12,000
know

1296
01:03:12,239 --> 01:03:16,210
Technically if there's a single family house on a 10 acre

1297
01:03:16,210 --> 01:03:17,739
property, you know

1298
01:03:18,159 --> 01:03:21,780
They can they can remove, you know five or more trees a day

1299
01:03:21,780 --> 01:03:23,280
and be under the code

1300
01:03:25,039 --> 01:03:27,039
Commissioner back. Thank you chair. I remember

1301
01:03:28,000 --> 01:03:30,000
I'm not opposed to

1302
01:03:30,480 --> 01:03:32,079
individuals

1303
01:03:32,079 --> 01:03:35,449
Family single family being required to get a tree permit to

1304
01:03:35,449 --> 01:03:36,920
remove a tree. I think it

1305
01:03:37,480 --> 01:03:40,130
Does the big benefit it's not necessarily going to be a bad

1306
01:03:40,130 --> 01:03:40,360
thing

1307
01:03:40,719 --> 01:03:42,929
if you're going out there and looking at or somebody's

1308
01:03:42,929 --> 01:03:45,639
going out there looking at offering suggestions that

1309
01:03:46,639 --> 01:03:49,679
Might preserve that tree and it'd be up to the homeowner

1310
01:03:49,679 --> 01:03:51,599
You're not it's not gonna be a mandate

1311
01:03:51,599 --> 01:03:54,079
But if they're having a problem with it for such and such a

1312
01:03:54,079 --> 01:03:55,440
reason that you can say well

1313
01:03:55,440 --> 01:03:57,869
Here's how we can modify that rather than take the whole

1314
01:03:57,869 --> 01:03:58,360
tree out

1315
01:03:58,360 --> 01:04:01,360
I would be for a permit just for educational purposes to

1316
01:04:01,360 --> 01:04:03,989
have somebody like hey would go out and kind of explain

1317
01:04:03,989 --> 01:04:04,519
things to

1318
01:04:04,519 --> 01:04:07,519
And if it's not gonna meet their criteria, they really need

1319
01:04:07,519 --> 01:04:08,519
that tree moved in

1320
01:04:08,519 --> 01:04:12,050
Okay, but it serves that benefit of nothing else. It just

1321
01:04:12,050 --> 01:04:14,519
it's an educational tool right up and even

1322
01:04:15,039 --> 01:04:18,070
Since being in here and didn't I've had that opportunity to

1323
01:04:18,070 --> 01:04:22,269
meet with you know, at least a few property owners that you

1324
01:04:22,269 --> 01:04:22,719
know, initially

1325
01:04:23,239 --> 01:04:25,849
you know, they want to take out a tree and I talked to them

1326
01:04:25,849 --> 01:04:28,059
find out what they're what they're really trying to

1327
01:04:28,059 --> 01:04:28,840
accomplish and

1328
01:04:29,400 --> 01:04:33,639
and in most cases pruning can't accomplish, you know what

1329
01:04:33,639 --> 01:04:33,960
they

1330
01:04:34,679 --> 01:04:38,170
Trying to accomplish by taking out the entire tree at a

1331
01:04:38,170 --> 01:04:39,079
lower cost

1332
01:04:40,199 --> 01:04:41,760
Commissioner Ellis

1333
01:04:41,760 --> 01:04:44,710
Thank you chair. Yeah, I guess what I was trying to to

1334
01:04:44,710 --> 01:04:47,039
clarify in there too like with the old code

1335
01:04:48,039 --> 01:04:50,860
Which I know has holes in all but but for a typical home

1336
01:04:50,860 --> 01:04:51,360
owner

1337
01:04:52,159 --> 01:04:55,369
Thinking about removing five trees or more. Oh, okay, then

1338
01:04:55,369 --> 01:04:56,519
there's a versus

1339
01:04:56,960 --> 01:05:01,110
okay, how you know, what is the height and what is the you

1340
01:05:01,110 --> 01:05:02,320
know, the the

1341
01:05:03,280 --> 01:05:06,469
Inch around and now do I need a permit? I mean easier for

1342
01:05:06,469 --> 01:05:09,340
them to wrap their head around something that was just more

1343
01:05:09,340 --> 01:05:10,239
simply explained

1344
01:05:11,159 --> 01:05:13,519
Which that one they could wrap their head around. Oh if I'm

1345
01:05:13,519 --> 01:05:16,739
taking out more than five. Okay, I need to call the city

1346
01:05:17,639 --> 01:05:20,539
So I guess that's what I'm looking for. Just more more

1347
01:05:20,539 --> 01:05:23,980
clarity and for a typical homeowner to understand

1348
01:05:24,519 --> 01:05:26,519
What is required of them?

1349
01:05:27,840 --> 01:05:31,579
Commissioner Sullivan, thank you any idea what the cost is

1350
01:05:31,579 --> 01:05:32,840
for the

1351
01:05:34,280 --> 01:05:36,280
application fee

1352
01:05:36,719 --> 01:05:41,539
An ISA certified arborist's preservation plan and the

1353
01:05:41,539 --> 01:05:43,119
protection signage

1354
01:05:43,199 --> 01:05:46,159
What is the cost to a homeowner if they were wanting to?

1355
01:05:46,960 --> 01:05:50,949
Remove a tree. Well a homeowner would not be required to

1356
01:05:50,949 --> 01:05:54,360
have a tree survey to you know, take out

1357
01:05:54,880 --> 01:05:56,880
You know a tree

1358
01:05:57,480 --> 01:05:59,480
You know

1359
01:05:59,599 --> 01:06:02,960
That's not what's stated here. Yeah, I mean if they're just

1360
01:06:02,960 --> 01:06:05,079
doing a small project that's different

1361
01:06:05,079 --> 01:06:08,099
I mean that that language for you know, the the survey that

1362
01:06:08,099 --> 01:06:11,159
's really geared towards, you know your new development

1363
01:06:12,159 --> 01:06:14,480
Putting in a swimming pool isn't classified as new

1364
01:06:14,480 --> 01:06:18,179
development. It's really classified as a as a modification

1365
01:06:18,179 --> 01:06:19,920
to the existing property

1366
01:06:20,280 --> 01:06:23,909
So it's a different type of a permit that you would have

1367
01:06:23,909 --> 01:06:25,559
for that versus, you know

1368
01:06:25,559 --> 01:06:28,489
If you're building something from the ground up so they

1369
01:06:28,489 --> 01:06:30,960
would not be required to you know

1370
01:06:30,960 --> 01:06:34,000
Have a full survey now if it was, you know

1371
01:06:34,000 --> 01:06:37,440
Single-family lot and they were building a new house on

1372
01:06:37,440 --> 01:06:38,559
that lot

1373
01:06:38,559 --> 01:06:41,360
Then you know, they would be required to to have that

1374
01:06:41,360 --> 01:06:44,440
survey just as any other development

1375
01:06:44,440 --> 01:06:47,539
So this one was areas that we get cleared up when we design

1376
01:06:47,539 --> 01:06:49,159
ate the difference between

1377
01:06:50,239 --> 01:06:52,239
developer and homeowner

1378
01:06:52,239 --> 01:06:53,480
Gotcha

1379
01:06:53,480 --> 01:06:56,670
On a follow-up on Commissioner Sells. Do we have a cost of

1380
01:06:56,670 --> 01:06:59,360
what it is for the people that it won't apply to?

1381
01:06:59,679 --> 01:07:03,400
It will apply to others. So how much does that cost? Well,

1382
01:07:03,400 --> 01:07:05,239
just recently I received

1383
01:07:05,840 --> 01:07:09,760
two part two estimates from two different companies on

1384
01:07:10,440 --> 01:07:14,199
Tree surveys for a 38 acre site and I have them to give me

1385
01:07:14,199 --> 01:07:16,239
basically five different options

1386
01:07:16,760 --> 01:07:20,639
One option was a hundred percent inventory of the entire

1387
01:07:20,639 --> 01:07:20,980
site

1388
01:07:21,559 --> 01:07:25,900
One option the second option was an inventory of just the

1389
01:07:25,900 --> 01:07:27,400
area that was being developed

1390
01:07:27,599 --> 01:07:31,280
The third option was a sample inventory of the entire site

1391
01:07:31,960 --> 01:07:34,570
The fourth option was a sample inventory of just the part

1392
01:07:34,570 --> 01:07:38,969
that was being developed and the fifth option was basically

1393
01:07:38,969 --> 01:07:39,119
a

1394
01:07:39,760 --> 01:07:41,199
tree canopy

1395
01:07:41,199 --> 01:07:43,199
type analysis of the property

1396
01:07:43,880 --> 01:07:45,880
on the high end

1397
01:07:46,760 --> 01:07:49,230
Having the hundred percent inventory, which is what we

1398
01:07:49,230 --> 01:07:51,119
require either the hundred percent inventory

1399
01:07:51,880 --> 01:07:54,659
Or the sample inventory is acceptable under the current

1400
01:07:54,659 --> 01:07:55,000
code

1401
01:07:56,360 --> 01:07:59,000
My quotes were between ten and fifteen thousand dollars for

1402
01:07:59,000 --> 01:08:01,199
that hundred percent inventory

1403
01:08:02,000 --> 01:08:04,000
for that

1404
01:08:04,719 --> 01:08:07,400
Analysis of just a canopy I was looking at around

1405
01:08:08,840 --> 01:08:12,360
2500 to 3500 so, you know, we're talking the savings

1406
01:08:13,039 --> 01:08:15,039
of about you know anywhere from

1407
01:08:15,440 --> 01:08:17,840
You know 70 to you know

1408
01:08:18,600 --> 01:08:22,319
35% or so based on you know that quote that I received so

1409
01:08:22,319 --> 01:08:24,199
the cost the cost is quite a bit less

1410
01:08:24,920 --> 01:08:28,079
In fact, a lot of the work can be done remotely

1411
01:08:28,840 --> 01:08:32,649
the the person that survey and would only really need to

1412
01:08:32,649 --> 01:08:34,319
visit the site just to verify that

1413
01:08:35,279 --> 01:08:38,439
What their imagery is showing us is accurate?

1414
01:08:39,039 --> 01:08:42,859
And in some instances, you know, it just kind of depends on

1415
01:08:42,859 --> 01:08:43,520
who's doing it

1416
01:08:43,640 --> 01:08:47,000
There's a technology to fly drone over property to do

1417
01:08:47,000 --> 01:08:47,800
canopy

1418
01:08:49,399 --> 01:08:54,220
Assessments and you know fees straight into the the common,

1419
01:08:54,220 --> 01:08:56,800
you know our GIS program

1420
01:08:56,800 --> 01:08:59,279
So, you know cost wise it's a lot less

1421
01:09:00,279 --> 01:09:02,439
You know time wise it's a lot less

1422
01:09:05,640 --> 01:09:07,640
Okay

1423
01:09:09,319 --> 01:09:10,920
So

1424
01:09:10,920 --> 01:09:12,800
true removal

1425
01:09:12,800 --> 01:09:16,520
Permit review and approval process. So this is where we get

1426
01:09:16,520 --> 01:09:20,159
into new development here and the requirements for you know

1427
01:09:20,159 --> 01:09:21,399
, new development or redevelopment

1428
01:09:22,239 --> 01:09:24,829
so a developer must submit a complete application along

1429
01:09:24,829 --> 01:09:26,840
with applicable fees as

1430
01:09:27,560 --> 01:09:30,350
determined by the most recent fee ordinance a developer

1431
01:09:30,350 --> 01:09:32,039
must submit a tree survey and

1432
01:09:32,560 --> 01:09:36,720
Tree preservation plan if required as stated here in

1433
01:09:37,239 --> 01:09:40,529
With the tree removal permit application and the tree

1434
01:09:40,529 --> 01:09:43,739
survey or tree preservation plan must be prepared or

1435
01:09:43,739 --> 01:09:45,039
certified by an ISA

1436
01:09:45,560 --> 01:09:47,279
certified arborist

1437
01:09:47,279 --> 01:09:50,560
so the big difference in this section is

1438
01:09:53,319 --> 01:09:57,239
Under the existing code there was a list of individuals

1439
01:09:57,960 --> 01:10:01,050
There was you know lists of botanists an urban forester a

1440
01:10:01,050 --> 01:10:02,600
landscape architect

1441
01:10:03,439 --> 01:10:05,439
a forester a

1442
01:10:05,920 --> 01:10:07,920
surveyor with 10 hours of

1443
01:10:08,640 --> 01:10:13,460
of tree ID experience was was qualified to provide this

1444
01:10:13,460 --> 01:10:13,760
survey

1445
01:10:15,800 --> 01:10:18,520
It was good because it provided variety but from my

1446
01:10:18,520 --> 01:10:21,239
perspective and reviewing those applications

1447
01:10:21,239 --> 01:10:25,319
I had no way of really verifying those credentials short of

1448
01:10:26,000 --> 01:10:28,970
Requiring them to send me, you know a degree or some type

1449
01:10:28,970 --> 01:10:31,800
of certificate that they actually you know had some

1450
01:10:31,800 --> 01:10:33,439
experience or training

1451
01:10:34,119 --> 01:10:38,000
That qualified them to do this type of work with the ISA

1452
01:10:38,000 --> 01:10:38,800
certification

1453
01:10:38,800 --> 01:10:43,199
I can verify their credentials through the ISA website

1454
01:10:43,600 --> 01:10:46,239
You know just simply be requiring them to have their

1455
01:10:47,600 --> 01:10:50,420
Certified arborist number on the application when they sign

1456
01:10:50,420 --> 01:10:53,880
off just as you would you know for you know license

1457
01:10:55,840 --> 01:10:58,119
Engineer or any other licensed professional

1458
01:11:01,039 --> 01:11:03,039
So the next section

1459
01:11:04,479 --> 01:11:07,909
Is what's left unchanged the tree permits if it's just for

1460
01:11:07,909 --> 01:11:12,880
tree permit is good for 180 days if it's attached to

1461
01:11:14,760 --> 01:11:17,979
Building permits site plan clearing grade clearing grubbing

1462
01:11:17,979 --> 01:11:20,800
gas will plat glass will site plan

1463
01:11:20,800 --> 01:11:23,439
It runs as long as that those

1464
01:11:24,239 --> 01:11:27,149
Permits are active so it could be go beyond the hundred and

1465
01:11:27,149 --> 01:11:29,279
eighty days in those instances

1466
01:11:31,359 --> 01:11:34,939
Okay, so after true removal permit is issued the developer

1467
01:11:34,939 --> 01:11:35,279
must

1468
01:11:37,880 --> 01:11:41,630
This section has changed to from reading this right I have

1469
01:11:41,630 --> 01:11:44,000
a backup for just a second or three

1470
01:11:45,399 --> 01:11:47,640
Is there a mention of a final plat?

1471
01:11:50,640 --> 01:11:53,779
Or why is a final plat not included in that because that's

1472
01:11:53,779 --> 01:11:56,119
at the point that the

1473
01:12:00,479 --> 01:12:04,319
The survey and all that stuff is done is that correct yeah,

1474
01:12:04,319 --> 01:12:07,869
but even after you final plat these the permits that are

1475
01:12:07,869 --> 01:12:08,199
listed

1476
01:12:08,199 --> 01:12:10,920
You know typically come after the final plat

1477
01:12:11,600 --> 01:12:14,510
So after your final plat, you know if you're going, you

1478
01:12:14,510 --> 01:12:17,060
know straight to building you have your building permit

1479
01:12:17,060 --> 01:12:19,609
Or if you you know are getting a clearing grade prior to

1480
01:12:19,609 --> 01:12:21,279
the building you would have that clearing grade

1481
01:12:21,600 --> 01:12:24,840
So it would run with those applicable permits

1482
01:12:28,680 --> 01:12:30,680
Okay

1483
01:12:32,359 --> 01:12:34,359
Yeah, otherwise

1484
01:12:34,359 --> 01:12:36,710
You would be required to put up your tree protection when

1485
01:12:36,710 --> 01:12:38,479
you got your final plant

1486
01:12:38,840 --> 01:12:41,739
Okay, which you know a lot of times, you know, the final

1487
01:12:41,739 --> 01:12:43,079
plant is approved and issued

1488
01:12:43,600 --> 01:12:46,460
you know, it could be a year before you come out to the

1489
01:12:46,460 --> 01:12:47,199
site so and

1490
01:12:47,920 --> 01:12:50,399
Then you may not be ready to put up tree protection if you

1491
01:12:50,399 --> 01:12:53,079
do by the time you actually there to develop you may have

1492
01:12:53,079 --> 01:12:55,079
To put it up again. Well, I'm trying to make

1493
01:12:55,640 --> 01:12:59,359
I've got a lot of notes and some of these is just when you

1494
01:12:59,359 --> 01:13:02,920
do the surveys that are required in the beginning part that

1495
01:13:02,920 --> 01:13:03,520
they don't

1496
01:13:04,000 --> 01:13:06,949
expire and you have to come back and do them again before

1497
01:13:06,949 --> 01:13:07,600
you get to

1498
01:13:08,239 --> 01:13:11,210
these steps, so I don't know if there's an exploration or

1499
01:13:11,210 --> 01:13:11,640
not on

1500
01:13:13,359 --> 01:13:15,079
The

1501
01:13:15,079 --> 01:13:17,079
ISA approved

1502
01:13:18,199 --> 01:13:20,689
Plan that you're doing I'm sorry. I don't have all the

1503
01:13:20,689 --> 01:13:23,279
language. You're great turn to me red lines on this

1504
01:13:23,439 --> 01:13:27,229
Yeah, and that that that would go along with your site plan

1505
01:13:27,229 --> 01:13:29,840
once this approved it's approved

1506
01:13:30,640 --> 01:13:32,640
So your your tree

1507
01:13:34,000 --> 01:13:36,479
Preservation plan mitigation plan would be approved

1508
01:13:37,199 --> 01:13:40,840
Either which are your site plan or your final plat

1509
01:13:41,600 --> 01:13:44,199
Just kind of depends on on what track you're going on with

1510
01:13:44,199 --> 01:13:45,640
with your development

1511
01:13:45,720 --> 01:13:49,800
But once that is approved for that development is approved.

1512
01:13:49,800 --> 01:13:51,039
It doesn't expire

1513
01:13:51,840 --> 01:13:53,760
now if you

1514
01:13:53,760 --> 01:13:57,289
Didn't get your your project approved at that time and it

1515
01:13:57,289 --> 01:14:00,119
was left open and you know you come back

1516
01:14:00,279 --> 01:14:03,819
You know two years or more later, then you'll be required

1517
01:14:03,819 --> 01:14:04,680
to redo that

1518
01:14:05,640 --> 01:14:08,560
That survey because you know trees grow they get bigger or

1519
01:14:08,560 --> 01:14:11,500
trees die. There may be less out there. So

1520
01:14:12,119 --> 01:14:14,520
That's how that that would run. Okay

1521
01:14:15,119 --> 01:14:17,119
Thank you. Mm-hmm

1522
01:14:19,199 --> 01:14:22,199
So the next section number four

1523
01:14:23,720 --> 01:14:26,010
After the tree removal permit is issued developer must

1524
01:14:26,010 --> 01:14:29,039
obtain tree protection signs from the city

1525
01:14:29,880 --> 01:14:34,689
That actually is changing and it didn't make this change to

1526
01:14:34,689 --> 01:14:37,000
where we're you know, basically gonna

1527
01:14:37,840 --> 01:14:41,140
Have the template for the sign available, but you know,

1528
01:14:41,140 --> 01:14:41,800
that would be

1529
01:14:42,920 --> 01:14:45,199
Something that the developer would would provide

1530
01:14:46,359 --> 01:14:49,119
Versus, you know the city providing those signs

1531
01:14:51,840 --> 01:14:53,399
Commissioner Ellis

1532
01:14:53,399 --> 01:14:56,000
Thank you. You know, I have a legal question

1533
01:14:57,239 --> 01:15:00,430
Since our quorum has is gone at the moment. Do we need to

1534
01:15:00,430 --> 01:15:02,279
halt or are we good? I

1535
01:15:03,439 --> 01:15:05,439
Didn't notice he had stepped out. I

1536
01:15:05,760 --> 01:15:09,079
Apologize no that I didn't that's a question. I don't I don

1537
01:15:09,079 --> 01:15:10,460
't really know the answer that are we good?

1538
01:15:11,079 --> 01:15:14,020
I'm gonna assume that we're good because we're not taking a

1539
01:15:14,020 --> 01:15:16,920
vote or taking any action that requires a quorum. Right?

1540
01:15:17,640 --> 01:15:21,069
Yeah, we're oh no, I figured he was yeah. No, we're still

1541
01:15:21,069 --> 01:15:22,760
in session and so long as you're not actually

1542
01:15:23,920 --> 01:15:26,760
Having to make take an action on something. We're okay.

1543
01:15:26,760 --> 01:15:28,770
Very good. Thank you for answering that but hey what on

1544
01:15:28,770 --> 01:15:29,319
that that

1545
01:15:29,760 --> 01:15:31,760
Line item there that we were discussing

1546
01:15:32,079 --> 01:15:34,520
Where it says that you're posting the signage at any

1547
01:15:34,520 --> 01:15:35,920
location? What does that mean?

1548
01:15:36,039 --> 01:15:38,920
That means in the areas where you're protecting trees you

1549
01:15:38,920 --> 01:15:40,199
may have you know

1550
01:15:40,520 --> 01:15:41,840
multiple

1551
01:15:41,840 --> 01:15:43,439
tree protection

1552
01:15:43,439 --> 01:15:46,920
Areas and so you'd be required to have postings on those

1553
01:15:46,920 --> 01:15:48,460
tree protection areas

1554
01:15:48,460 --> 01:15:52,239
so that's where and I know it's kind of not as specific or

1555
01:15:53,600 --> 01:15:56,979
The way is stated but that's that's basically what it means

1556
01:15:56,979 --> 01:15:59,560
that in your tree protection zone, you'll have signage

1557
01:15:59,960 --> 01:16:03,000
So at all locations on on it or yes

1558
01:16:03,000 --> 01:16:06,029
So if you may have you know a 30 acre site and you're

1559
01:16:06,029 --> 01:16:08,060
preserving trees in four different areas

1560
01:16:08,060 --> 01:16:10,210
Well, each one of those areas will have to be posted with

1561
01:16:10,210 --> 01:16:10,760
the signage

1562
01:16:11,960 --> 01:16:15,000
Okay, so I would probably say to clean that up just because

1563
01:16:15,000 --> 01:16:17,960
it it looks like you can post it on any location and not

1564
01:16:17,960 --> 01:16:18,199
all

1565
01:16:18,319 --> 01:16:21,479
locations and so I was confused at that

1566
01:16:22,159 --> 01:16:24,159
Thanks

1567
01:16:26,920 --> 01:16:28,920
Okay

1568
01:16:28,960 --> 01:16:31,720
Any other questions or comments on this section?

1569
01:16:38,060 --> 01:16:40,060
Okay

1570
01:16:40,079 --> 01:16:42,079
Our next section

1571
01:16:42,439 --> 01:16:46,039
Administration administrative remedy and this is a totally

1572
01:16:46,039 --> 01:16:50,920
new section relied heavily on our legal to to craft this

1573
01:16:52,800 --> 01:16:54,800
This section

1574
01:16:54,800 --> 01:16:58,880
So any person who removes or intentionally destroys a tree

1575
01:16:58,880 --> 01:17:01,479
preserved or plan on the subchapter

1576
01:17:02,560 --> 01:17:05,520
under subchapter 35 13 7

1577
01:17:06,119 --> 01:17:10,149
While the tree is alive shall mitigate each tree at two

1578
01:17:10,149 --> 01:17:13,460
times the rate stated in the subchapter each replacement

1579
01:17:13,460 --> 01:17:14,119
tree shall meet the

1580
01:17:14,119 --> 01:17:17,699
Standards that stated in this subchapter and as approved by

1581
01:17:17,699 --> 01:17:19,619
the city urban forester

1582
01:17:20,079 --> 01:17:24,260
So basically this has to do with you know, someone that's

1583
01:17:25,119 --> 01:17:29,500
Willfully damaging a tree that was slated to be preserved

1584
01:17:30,399 --> 01:17:32,399
in their tree preservation

1585
01:17:33,119 --> 01:17:35,119
plan

1586
01:17:35,640 --> 01:17:37,560
the next section

1587
01:17:37,560 --> 01:17:41,359
each tree preserved under subchapter that dies within three

1588
01:17:41,359 --> 01:17:41,920
years of

1589
01:17:42,720 --> 01:17:45,819
Approval share mitigate shall be mitigated by the property

1590
01:17:45,819 --> 01:17:47,439
owner as stated in this subchapter

1591
01:17:49,119 --> 01:17:52,380
So, you know, we don't want the development some trees they

1592
01:17:52,380 --> 01:17:55,560
take a while, you know after construction damage to

1593
01:17:55,560 --> 01:17:56,319
actually

1594
01:17:56,319 --> 01:17:57,760
You know so signs are to die

1595
01:17:57,760 --> 01:18:01,239
So this is to capture those trees that that may not make

1596
01:18:01,239 --> 01:18:04,340
make it through the the construction process

1597
01:18:06,119 --> 01:18:09,430
Question on that. Is there a time frame on that three years

1598
01:18:09,430 --> 01:18:09,720
is

1599
01:18:10,800 --> 01:18:13,659
That referring back in which section does it say three

1600
01:18:13,659 --> 01:18:14,420
years?

1601
01:18:15,039 --> 01:18:18,260
Number two right here each tree preserved under sub chapter

1602
01:18:18,260 --> 01:18:21,479
35 13 7 that dies within three years of

1603
01:18:21,720 --> 01:18:24,649
The approval shall be mitigated by the I'm sorry. I'm on

1604
01:18:24,649 --> 01:18:26,359
number three. I apologize

1605
01:18:26,359 --> 01:18:30,079
I'll skip ahead it just says dies and it doesn't say within

1606
01:18:30,079 --> 01:18:31,880
three years up on that to me

1607
01:18:33,319 --> 01:18:36,960
Okay. Yeah. Well the next section doesn't have a time limit

1608
01:18:36,960 --> 01:18:39,779
It's each tree planted under the sub chapter that dies

1609
01:18:39,779 --> 01:18:40,760
shall be replanted

1610
01:18:41,319 --> 01:18:44,199
With an approved tree on the and the appropriate planting

1611
01:18:44,199 --> 01:18:46,279
season by the property owner

1612
01:18:46,840 --> 01:18:50,869
It's indefinite. Yes, why is it indefinite instead of three

1613
01:18:50,869 --> 01:18:51,239
years?

1614
01:18:53,560 --> 01:18:55,560
Because we want to maintain the

1615
01:18:56,279 --> 01:18:59,279
Landscaping that's being put back on these sites

1616
01:18:59,800 --> 01:19:02,710
You know the idea is not to just put something there and

1617
01:19:02,710 --> 01:19:04,800
you know, then it died in you know

1618
01:19:04,800 --> 01:19:08,250
Two years and then it not be replaced the idea is to to put

1619
01:19:08,250 --> 01:19:09,960
it on there and to have

1620
01:19:11,000 --> 01:19:13,750
That site continuing to meet their landscape canopy

1621
01:19:13,750 --> 01:19:15,720
requirements for the site

1622
01:19:19,079 --> 01:19:21,869
Well, I think we need to have some more conversation about

1623
01:19:21,869 --> 01:19:23,079
that I mean

1624
01:19:25,039 --> 01:19:28,760
Indefinite is forever and it goes to the spirit just like

1625
01:19:28,760 --> 01:19:30,640
the pre-tree preservation

1626
01:19:30,640 --> 01:19:32,720
So if we preserve trees and they die

1627
01:19:33,600 --> 01:19:36,340
It's kind of saying we're losing tree canopy there, but

1628
01:19:36,340 --> 01:19:39,869
those trees don't have to be replanted. So planted trees

1629
01:19:39,869 --> 01:19:40,439
have to be

1630
01:19:41,239 --> 01:19:44,119
Done indefinitely preserve trees do not

1631
01:19:48,119 --> 01:19:52,390
Yeah, and the idea is you know as trees die we want them to

1632
01:19:52,390 --> 01:19:55,399
be replaced so that we don't end up with

1633
01:19:55,720 --> 01:19:57,720
You know a property that

1634
01:19:57,800 --> 01:20:00,819
You know five years after a built, you know, there's you

1635
01:20:00,819 --> 01:20:04,000
know, beautiful landscapes and 15 years after it's built,

1636
01:20:04,000 --> 01:20:04,319
you know

1637
01:20:04,319 --> 01:20:08,039
You have you know some event or something that causes, you

1638
01:20:08,039 --> 01:20:10,760
know the trees to die and then you just leave the site dev

1639
01:20:10,760 --> 01:20:11,399
oid of trees

1640
01:20:12,319 --> 01:20:16,060
So it's it's you know protecting or actually providing for

1641
01:20:16,060 --> 01:20:17,079
a continual

1642
01:20:18,239 --> 01:20:20,420
landscape for you know for the properties

1643
01:20:22,880 --> 01:20:25,159
Does this apply to homeowners in

1644
01:20:25,880 --> 01:20:27,880
so if a person

1645
01:20:28,560 --> 01:20:31,189
buys a property or a commercial property and they have a

1646
01:20:31,189 --> 01:20:32,899
planted tree that dies they

1647
01:20:33,920 --> 01:20:36,329
For whoever owns it 20 years after that was originally

1648
01:20:36,329 --> 01:20:39,000
built. They have to replant that tree. I

1649
01:20:40,000 --> 01:20:42,640
Think we probably need to clarify that especially when we

1650
01:20:42,640 --> 01:20:43,859
go back and look at

1651
01:20:44,800 --> 01:20:47,520
Separating out what applies to the homeowner and then what

1652
01:20:47,520 --> 01:20:50,520
applies to commercial development. So let's take a look at

1653
01:20:50,520 --> 01:20:50,640
that

1654
01:20:52,640 --> 01:20:54,880
I can see three years that it's just like the other but

1655
01:20:54,880 --> 01:20:56,800
indefinite is forever

1656
01:20:58,560 --> 01:21:00,560
Okay, thank you

1657
01:21:02,359 --> 01:21:06,779
Okay, I'm sorry Commissioner back thank you chair. Yeah in

1658
01:21:06,779 --> 01:21:10,560
addition to that it does say property owner so

1659
01:21:11,880 --> 01:21:14,649
That makes you think that five years later dies the person

1660
01:21:14,649 --> 01:21:16,880
that's been living there for five years now

1661
01:21:17,920 --> 01:21:20,880
Do we go back to the developer? Is he the property owner?

1662
01:21:20,880 --> 01:21:22,739
We're talking about or are we talking about the property

1663
01:21:22,739 --> 01:21:23,039
owner?

1664
01:21:24,039 --> 01:21:26,039
One that's actually living

1665
01:21:27,720 --> 01:21:31,439
Now if the tree dies under conditions, you know acts of God

1666
01:21:31,439 --> 01:21:33,600
that doesn't count correct

1667
01:21:37,439 --> 01:21:39,829
I mean if it's if it wasn't planted right or there's

1668
01:21:39,829 --> 01:21:43,060
something but there's some things that people can't control

1669
01:21:43,060 --> 01:21:44,600
tornado rips it out

1670
01:21:45,239 --> 01:21:47,239
They're still expected to replace it

1671
01:21:47,479 --> 01:21:50,439
If the tornado ripped the roof off that was required. Are

1672
01:21:50,439 --> 01:21:53,319
you respected to replace it? It's an apple and oranges

1673
01:21:53,319 --> 01:21:53,600
thing

1674
01:21:53,600 --> 01:21:57,439
I mean, I understand the need to keep the 30%

1675
01:21:59,199 --> 01:22:02,310
Canopy I really do and I'm for that I support that but in

1676
01:22:02,310 --> 01:22:03,800
certain conditions

1677
01:22:03,800 --> 01:22:06,390
It seems like that may be an area where the tree fun could

1678
01:22:06,390 --> 01:22:07,720
come in and help a little bit

1679
01:22:07,720 --> 01:22:11,130
Oh, here comes no. Yeah, and let me give one what one quick

1680
01:22:11,130 --> 01:22:13,039
sound bite before my know gets to the mic

1681
01:22:15,520 --> 01:22:16,729
Keep them beautiful gives way trees every year to

1682
01:22:16,729 --> 01:22:21,239
homeowners for planting on their private property at their

1683
01:22:21,239 --> 01:22:22,479
annual giveaway

1684
01:22:22,560 --> 01:22:25,470
Say it again. I'm sorry start even beautiful has an annual

1685
01:22:25,470 --> 01:22:26,159
tree giveaway

1686
01:22:26,159 --> 01:22:29,199
Okay, or free trees are given away to homeowners to plant

1687
01:22:29,199 --> 01:22:30,439
on their private property

1688
01:22:30,560 --> 01:22:33,819
So they may have to replace that tree, but it may not be

1689
01:22:33,819 --> 01:22:36,739
necessarily at a cost to them. Okay

1690
01:22:38,680 --> 01:22:41,140
If I can seek some clarification and then I'll make a

1691
01:22:41,140 --> 01:22:43,119
statement I

1692
01:22:44,239 --> 01:22:48,510
Think what we need to and Chandran has referred to it is go

1693
01:22:48,510 --> 01:22:50,680
ahead and compartmentalize

1694
01:22:51,119 --> 01:22:54,010
For the lack of a better word this ordinance as it relates

1695
01:22:54,010 --> 01:22:56,680
to we talked about new development redevelopment

1696
01:22:56,680 --> 01:22:59,310
Let's talk about residential and non-residential

1697
01:22:59,310 --> 01:23:02,239
development. It also goes to the whole discussion on

1698
01:23:02,720 --> 01:23:05,840
the overall comprehensive ordinance as it relates to

1699
01:23:06,359 --> 01:23:08,409
Landscaping and the tree code the tree code that we're

1700
01:23:08,409 --> 01:23:09,439
discussing tonight

1701
01:23:09,880 --> 01:23:12,710
Which goes back to a thought that I would like to a seed

1702
01:23:12,710 --> 01:23:16,020
that I would like to plant in the commissioners minds is

1703
01:23:16,560 --> 01:23:19,439
In other communities that I have had the opportunity to

1704
01:23:19,439 --> 01:23:21,960
work in not necessarily the right thing

1705
01:23:21,960 --> 01:23:23,960
But just to see that I'm planting

1706
01:23:23,960 --> 01:23:26,800
When a non-residential development is developed it complies

1707
01:23:26,800 --> 01:23:30,119
with specific landscaping and screening requirements

1708
01:23:31,640 --> 01:23:33,640
During the life of that

1709
01:23:34,920 --> 01:23:36,920
Non-residential development

1710
01:23:37,920 --> 01:23:41,210
That landscaping is enforced through zoning enforcement

1711
01:23:41,210 --> 01:23:44,949
officers, for example. So if there if there is landscaping

1712
01:23:44,949 --> 01:23:45,880
that needs to be

1713
01:23:46,760 --> 01:23:50,479
replaced per the requirements that were adopted as part of

1714
01:23:50,479 --> 01:23:50,699
the

1715
01:23:51,439 --> 01:23:54,350
Site plan and the landscape plan and what have you that

1716
01:23:54,350 --> 01:23:58,439
follows the life of that program if the use changes hands

1717
01:23:59,640 --> 01:24:02,689
Again, we go back to the tree the landscaping ordinance in

1718
01:24:02,689 --> 01:24:05,409
terms of if it's a non-residential use then the landscaping

1719
01:24:05,409 --> 01:24:06,000
is pretty much

1720
01:24:06,119 --> 01:24:09,199
Similar to what you have there unless it changes to an

1721
01:24:09,199 --> 01:24:12,479
industrial use where perhaps if you had succinct code your

1722
01:24:12,479 --> 01:24:13,119
parking lot

1723
01:24:13,359 --> 01:24:16,279
Landscaping requirement would be different. So just to see

1724
01:24:16,279 --> 01:24:17,239
that I'm planting

1725
01:24:17,640 --> 01:24:20,590
If you want to respond whether you think favorably of

1726
01:24:20,590 --> 01:24:22,140
something like that or not

1727
01:24:22,140 --> 01:24:24,779
I want to stick to the three years just a thought that I

1728
01:24:24,779 --> 01:24:26,439
wanted to plant there, but

1729
01:24:27,039 --> 01:24:30,420
For the most part from what I'm understanding the questions

1730
01:24:30,420 --> 01:24:34,699
are relatively directed towards it seems that the ordinance

1731
01:24:34,699 --> 01:24:34,880
is

1732
01:24:35,720 --> 01:24:38,770
too jumbled and not separated enough as it relates to

1733
01:24:38,770 --> 01:24:40,000
specificity of

1734
01:24:41,199 --> 01:24:42,800
commercial

1735
01:24:42,800 --> 01:24:44,800
non-residential residential redevelopment and new

1736
01:24:44,800 --> 01:24:45,439
development I

1737
01:24:46,479 --> 01:24:49,000
Think that's some of them and the time frame

1738
01:24:49,760 --> 01:24:51,760
on your end up

1739
01:24:52,000 --> 01:24:55,720
I appreciate the clarification. I brought up the commercial

1740
01:24:55,720 --> 01:24:57,720
I started with residential and went to the commercial

1741
01:24:57,720 --> 01:25:00,079
I can see the difference and understand the commercial has

1742
01:25:00,079 --> 01:25:02,279
a different permit and applicability

1743
01:25:02,960 --> 01:25:07,159
The residential does not and this would apply to both

1744
01:25:07,159 --> 01:25:09,479
residential and commercial

1745
01:25:10,199 --> 01:25:12,840
in this situation well just to clarify

1746
01:25:14,279 --> 01:25:17,399
Residential has two sub components and then you have

1747
01:25:17,399 --> 01:25:20,250
commercial so you have the residential that's developed as

1748
01:25:20,250 --> 01:25:20,319
a

1749
01:25:21,039 --> 01:25:24,199
residential subdivision, and then you have the individual

1750
01:25:25,399 --> 01:25:28,960
property owner that's maintaining their property and what

1751
01:25:28,960 --> 01:25:29,760
we want to do is

1752
01:25:30,920 --> 01:25:34,680
classify the residential subdivision that's being developed

1753
01:25:34,680 --> 01:25:34,880
as

1754
01:25:35,640 --> 01:25:37,579
Hold them to the same standards as the commercial

1755
01:25:37,579 --> 01:25:41,159
development, but the homeowner who's maintaining their site

1756
01:25:41,920 --> 01:25:43,920
gets relief

1757
01:25:44,680 --> 01:25:46,630
relief they don't have to do the preservation and

1758
01:25:46,630 --> 01:25:47,800
mitigation because

1759
01:25:48,319 --> 01:25:51,630
That's ideally I really accounted for before they purchased

1760
01:25:51,630 --> 01:25:52,119
the lot

1761
01:25:52,680 --> 01:25:55,810
That's the thought and we haven't done a good job of making

1762
01:25:55,810 --> 01:25:56,600
that clear

1763
01:25:56,600 --> 01:26:00,739
But we will go back and fix that the sections that we will

1764
01:26:00,739 --> 01:26:03,680
modify and where we can modify is under

1765
01:26:04,199 --> 01:26:05,560
applicability

1766
01:26:05,560 --> 01:26:08,640
Exemptions and then we'll clean up the area about the

1767
01:26:08,640 --> 01:26:11,880
permit so those that's where you look for those changes

1768
01:26:11,880 --> 01:26:12,319
that

1769
01:26:13,960 --> 01:26:17,680
Commissioner Ellis, thank you. Yeah, and on this the same

1770
01:26:17,680 --> 01:26:20,970
subject. I think it's it's just the real real life day-to-

1771
01:26:20,970 --> 01:26:21,279
day

1772
01:26:22,239 --> 01:26:24,340
Thinking that I think that we're referring to with the home

1773
01:26:24,340 --> 01:26:24,720
owner

1774
01:26:24,720 --> 01:26:27,680
I mean what happens if the tree gets struck by lightning

1775
01:26:27,680 --> 01:26:29,239
you lose half of it

1776
01:26:29,239 --> 01:26:30,819
And you're really trying to keep it together, and you just

1777
01:26:30,819 --> 01:26:32,039
might not be able to keep it together

1778
01:26:32,720 --> 01:26:35,359
You know is that really something that you're?

1779
01:26:37,159 --> 01:26:39,329
That you're trying to do here with this code, and I think

1780
01:26:39,329 --> 01:26:40,479
we're trying to

1781
01:26:42,039 --> 01:26:45,899
To yeah clear that up in the real world of the everyday

1782
01:26:45,899 --> 01:26:47,119
life of a homeowner

1783
01:26:47,760 --> 01:26:49,760
I'm gonna take it a step further

1784
01:26:49,920 --> 01:26:51,920
This example that it's one tree

1785
01:26:53,039 --> 01:26:56,119
We've got a very high mitigation right now. There's only

1786
01:26:56,119 --> 01:26:59,260
gonna be certain locations that you can and I won't get too

1787
01:26:59,260 --> 01:27:00,000
far off topic

1788
01:27:00,000 --> 01:27:01,800
There's only gonna be certain locations

1789
01:27:01,800 --> 01:27:04,970
You're gonna be able to plant these mitigation trees can't

1790
01:27:04,970 --> 01:27:06,520
play them in all the streets

1791
01:27:06,920 --> 01:27:09,640
So they'll be on private at some point. They're gonna be on

1792
01:27:09,640 --> 01:27:10,800
private property

1793
01:27:11,359 --> 01:27:13,760
Residential areas does have a street tree requirements

1794
01:27:13,760 --> 01:27:14,039
Yeah

1795
01:27:14,039 --> 01:27:17,140
I know but I when I'm I said don't get too far off that if

1796
01:27:17,140 --> 01:27:19,180
they have a heavily treed site

1797
01:27:19,180 --> 01:27:21,859
And they have to then mitigate it one to six

1798
01:27:23,079 --> 01:27:25,989
They may have we may have an issue and don't talk about

1799
01:27:25,989 --> 01:27:26,279
that

1800
01:27:26,840 --> 01:27:29,659
Let me get through here of being able to mitigate all of

1801
01:27:29,659 --> 01:27:32,560
those trees are required in that particular

1802
01:27:33,560 --> 01:27:36,550
development by the time you take out building sites for the

1803
01:27:36,550 --> 01:27:38,520
homes and the driveways and

1804
01:27:39,159 --> 01:27:42,039
swimming pools and all that you're gonna be limited to a

1805
01:27:42,039 --> 01:27:43,899
fairly small area that's

1806
01:27:44,680 --> 01:27:47,600
ability to have a tree still on that lot and

1807
01:27:48,279 --> 01:27:52,590
So you may end up having some of these lots that have five

1808
01:27:52,590 --> 01:27:55,920
six ten whatever trees and if something happens to them

1809
01:27:56,000 --> 01:27:58,279
They're not just replacing one. They're doing

1810
01:27:58,880 --> 01:28:01,989
Ten they have to unless they are going to be excluded. So I

1811
01:28:01,989 --> 01:28:02,600
think it's a

1812
01:28:03,960 --> 01:28:06,800
That's why I think in the practicals and you go to the all

1813
01:28:06,800 --> 01:28:07,060
the way out

1814
01:28:07,060 --> 01:28:09,800
It can get to be a pretty big burden on somebody. So I'm

1815
01:28:09,800 --> 01:28:12,600
glad to see it be excluded on the single-family

1816
01:28:13,300 --> 01:28:17,079
Commissioner Sullivan, I'm curious. How is all this going

1817
01:28:17,079 --> 01:28:17,800
to be enforced?

1818
01:28:18,319 --> 01:28:20,829
There could be drones flying around everybody's property

1819
01:28:20,829 --> 01:28:24,359
with pictures and maps of when they were first built or

1820
01:28:24,359 --> 01:28:25,239
what's

1821
01:28:25,680 --> 01:28:27,979
How's this all going to be enforced? And what is the cost

1822
01:28:27,979 --> 01:28:29,039
of that gonna be?

1823
01:28:29,960 --> 01:28:32,279
That's that's you know, that's a good question

1824
01:28:33,800 --> 01:28:37,229
You know the idea, you know as far as you know residential

1825
01:28:37,229 --> 01:28:38,119
subdivision

1826
01:28:38,720 --> 01:28:41,680
You know, they will be required to have a street tree plan

1827
01:28:41,680 --> 01:28:44,939
So you would have a documentation of street trees that you

1828
01:28:44,939 --> 01:28:47,119
know are required to be to be planted

1829
01:28:47,760 --> 01:28:51,479
When whenever the the CEO is issued for the house, you know

1830
01:28:51,479 --> 01:28:53,399
our building inspectors, you know

1831
01:28:53,399 --> 01:28:55,880
They you know inspect for those things also

1832
01:28:58,279 --> 01:29:00,279
I'm referring to like five years later

1833
01:29:01,000 --> 01:29:03,430
Somebody gonna knock out of the door say we need your tree

1834
01:29:03,430 --> 01:29:03,800
papers

1835
01:29:08,239 --> 01:29:11,439
Just thinking about development as a whole what typically

1836
01:29:11,439 --> 01:29:15,159
happens with any of these ordinances be it trees be parking

1837
01:29:15,520 --> 01:29:18,479
Whatever the most vigilant

1838
01:29:19,199 --> 01:29:22,399
Enforcers are your other property owners so they will call

1839
01:29:22,399 --> 01:29:26,060
the city and say my neighbors cutting down trees in this

1840
01:29:26,060 --> 01:29:26,319
backyard

1841
01:29:26,319 --> 01:29:29,489
Does he have a permit for that? So that's pretty much how

1842
01:29:29,489 --> 01:29:29,659
we

1843
01:29:31,039 --> 01:29:34,199
The bulk of how we manage enforcement, but we also do have

1844
01:29:34,199 --> 01:29:35,199
a dedicated

1845
01:29:36,279 --> 01:29:38,279
zoning enforcement

1846
01:29:38,319 --> 01:29:42,000
Division and the inspectors as they do construction

1847
01:29:45,159 --> 01:29:47,270
And just looking at mitigating and replanting on a

1848
01:29:47,270 --> 01:29:51,000
residential in a residential area

1849
01:29:51,960 --> 01:29:55,079
Going back to that example. I had at the last PNC that one

1850
01:29:55,079 --> 01:29:56,199
neighborhood

1851
01:29:57,000 --> 01:29:59,369
Mitigating through planning would have amounted to 13

1852
01:29:59,369 --> 01:30:02,159
additional trees planted on the site because I was counting

1853
01:30:02,159 --> 01:30:03,800
all the street trees all the trees

1854
01:30:03,800 --> 01:30:06,220
They were planted in the yards and I just counted one per

1855
01:30:06,220 --> 01:30:07,779
house. I didn't even visit the site

1856
01:30:07,800 --> 01:30:10,319
There could have been more than one tree planted per house

1857
01:30:11,079 --> 01:30:14,850
But it wasn't a situation to be complied to that was

1858
01:30:14,850 --> 01:30:15,640
requiring

1859
01:30:15,880 --> 01:30:19,619
You know more than two trees, maybe three trees on the

1860
01:30:19,619 --> 01:30:22,119
corner lots or four trees on corner lots

1861
01:30:23,159 --> 01:30:26,460
Yeah, I appreciate the explanation. I'm gonna try to stay

1862
01:30:26,460 --> 01:30:29,680
on the agenda here and to do what your wish is to go

1863
01:30:29,680 --> 01:30:30,159
through here

1864
01:30:30,159 --> 01:30:32,260
The only thing I'm gonna throw out on that is what I would

1865
01:30:32,260 --> 01:30:34,560
like to when we come back to it and make note

1866
01:30:34,560 --> 01:30:38,279
Is that there is some kind of a provision that trees can be

1867
01:30:38,279 --> 01:30:40,500
mitigated out on other properties

1868
01:30:40,500 --> 01:30:43,800
That might be a way to look at doing that as well in areas

1869
01:30:43,800 --> 01:30:46,600
that it becomes an issue that you can't mitigate on

1870
01:30:46,920 --> 01:30:50,640
The site specific that there is a provision that you can

1871
01:30:50,640 --> 01:30:53,800
mitigate in another area as a possibility. So

1872
01:30:55,640 --> 01:30:58,039
You're going to for and keep going

1873
01:30:58,960 --> 01:31:00,960
Yes

1874
01:31:01,399 --> 01:31:03,399
Okay, so

1875
01:31:03,680 --> 01:31:06,430
Next section is just saying these mitigation remedies are

1876
01:31:06,430 --> 01:31:07,760
in addition to enforcement

1877
01:31:08,159 --> 01:31:11,159
Provisions in section 9 of this sub chapter. So section 9

1878
01:31:11,159 --> 01:31:13,000
goes into basically more

1879
01:31:13,640 --> 01:31:15,640
And we'll get to section 9

1880
01:31:16,079 --> 01:31:19,399
Hopefully tonight, but that goes over basically

1881
01:31:20,880 --> 01:31:22,880
Legal

1882
01:31:23,720 --> 01:31:26,079
Legal enforcement for people that illegally

1883
01:31:27,640 --> 01:31:30,680
Remove trees or damage trees within the city

1884
01:31:32,479 --> 01:31:37,359
So next section 7 tree preservation plan and amendments

1885
01:31:38,399 --> 01:31:40,399
tree preservation plan criteria

1886
01:31:41,039 --> 01:31:44,670
True preservation plan consists and this this is all new

1887
01:31:44,670 --> 01:31:48,270
here the next section the tree preservation plan shall

1888
01:31:48,270 --> 01:31:48,840
consist

1889
01:31:49,680 --> 01:31:53,890
of a tree survey and such information required by the items

1890
01:31:53,890 --> 01:31:56,800
on the tree preservation plan checklist as

1891
01:31:56,920 --> 01:31:59,939
Maintained for inspection in the Department of Development

1892
01:31:59,939 --> 01:32:02,000
service doing regular business hours

1893
01:32:02,760 --> 01:32:05,010
The city urban forest under the under the direction of the

1894
01:32:05,010 --> 01:32:08,850
director of development service must review the tree

1895
01:32:08,850 --> 01:32:10,520
preservation plan and any amendments

1896
01:32:11,039 --> 01:32:14,180
There to in order to determine whether it complies with the

1897
01:32:14,180 --> 01:32:17,130
standards of this sub chapter the didn't development code

1898
01:32:17,130 --> 01:32:18,359
and other applicable laws

1899
01:32:19,039 --> 01:32:23,520
So it's just basic saying, you know, you have to provide it

1900
01:32:23,520 --> 01:32:25,880
out. The city forest is the one who's going to

1901
01:32:26,520 --> 01:32:28,520
Review it for your your project

1902
01:32:31,000 --> 01:32:33,000
Administrative modification and

1903
01:32:33,159 --> 01:32:36,590
This section is new the city urban forest or with the

1904
01:32:36,590 --> 01:32:39,199
approval of the director of development service

1905
01:32:39,439 --> 01:32:42,159
Has the authorization to approve amendments to the true

1906
01:32:42,159 --> 01:32:43,239
preservation plan

1907
01:32:43,520 --> 01:32:46,340
so long as it meets the purpose and intent of this

1908
01:32:46,340 --> 01:32:47,359
ordinance and

1909
01:32:47,760 --> 01:32:50,970
Applicant and an applicant has made a good-faith effort to

1910
01:32:50,970 --> 01:32:53,640
comply with the with this ordinance

1911
01:32:53,800 --> 01:32:56,710
So what this allows for me to do is to work with the

1912
01:32:56,710 --> 01:32:57,880
developer that has

1913
01:32:58,199 --> 01:32:58,840
You know

1914
01:32:58,840 --> 01:33:01,460
Maybe a small infield site that has one or two trees on it

1915
01:33:01,460 --> 01:33:03,640
that are right in the middle of the property

1916
01:33:03,760 --> 01:33:06,840
well, if you know your two trees are right in the middle of

1917
01:33:06,840 --> 01:33:07,640
the property and is

1918
01:33:08,560 --> 01:33:11,779
Preventing development that gives me the opportunity to say

1919
01:33:11,779 --> 01:33:13,319
okay. I understand your situation

1920
01:33:14,079 --> 01:33:16,079
We can you know

1921
01:33:16,239 --> 01:33:19,109
Remove those trees and you know handle and mitigate them

1922
01:33:19,109 --> 01:33:21,319
through replanting on site or whatever

1923
01:33:22,039 --> 01:33:24,560
The developer and I you know agree upon

1924
01:33:25,760 --> 01:33:28,479
So, you know that was put in basically to give some some

1925
01:33:28,479 --> 01:33:29,439
flexibility

1926
01:33:31,159 --> 01:33:33,750
Without having to go through a formal process and extend

1927
01:33:33,750 --> 01:33:35,800
the the process of development

1928
01:33:37,039 --> 01:33:40,119
Commissioner back. Thank you chair and I agree with this. I

1929
01:33:40,119 --> 01:33:40,640
like this

1930
01:33:40,640 --> 01:33:44,180
I would just like it to be clear that it will be you and

1931
01:33:44,180 --> 01:33:47,500
there won't be a designee or somebody you're certified

1932
01:33:47,500 --> 01:33:50,630
You're qualified to do that. If for some reason you're not

1933
01:33:50,630 --> 01:33:51,159
here. I

1934
01:33:52,000 --> 01:33:53,939
Don't feel comfortable with it being passed on to somebody

1935
01:33:53,939 --> 01:33:56,979
else who doesn't have that qualification. So can we?

1936
01:33:58,000 --> 01:34:00,609
Clarify that in there too that there is no substitute that

1937
01:34:00,609 --> 01:34:01,840
it has to be you a

1938
01:34:04,680 --> 01:34:06,680
Certified arborist

1939
01:34:07,359 --> 01:34:10,289
If it wasn't myself, it will be someone with similar

1940
01:34:10,289 --> 01:34:11,520
qualifications

1941
01:34:11,520 --> 01:34:14,159
I mean, you know say five or ten years from now

1942
01:34:14,159 --> 01:34:17,250
We have may have three or four people that have my same

1943
01:34:17,250 --> 01:34:18,039
background

1944
01:34:18,039 --> 01:34:20,939
That would be you know fit those those qualifications and

1945
01:34:20,939 --> 01:34:23,279
if they've got your thinking I'm all for this

1946
01:34:23,960 --> 01:34:25,949
If they've got your thinking on this, I'm all for that.

1947
01:34:25,949 --> 01:34:28,960
Yeah. Okay. All right. Yeah, they have to be certified

1948
01:34:28,960 --> 01:34:31,600
Not just somebody who's an assistant to you or something

1949
01:34:31,600 --> 01:34:32,840
like that. Yeah, okay

1950
01:34:32,840 --> 01:34:36,819
Yeah, they would they would have proper credentials if I

1951
01:34:36,819 --> 01:34:39,640
say if I was on vacation and something had to go through

1952
01:34:39,640 --> 01:34:40,319
and be worked out

1953
01:34:40,760 --> 01:34:44,140
You know, you know, we wouldn't want to hold up the process

1954
01:34:44,140 --> 01:34:44,859
sure

1955
01:34:47,439 --> 01:34:50,199
To give you a little bit more comfort with it

1956
01:34:50,600 --> 01:34:54,399
Let's go ahead and bullet out specific criteria that you're

1957
01:34:54,399 --> 01:34:55,720
gonna use to do your

1958
01:34:56,840 --> 01:34:58,159
administrative approval

1959
01:34:58,159 --> 01:35:00,880
So we'll come up with the list of check basically a

1960
01:35:00,880 --> 01:35:04,039
checklist that you have to go through in order to approve

1961
01:35:04,039 --> 01:35:05,199
the alternative plan

1962
01:35:06,520 --> 01:35:09,579
Just so that we can alleviate that concern

1963
01:35:11,479 --> 01:35:14,140
We can talk about it yeah, we'll talk about the exact

1964
01:35:14,140 --> 01:35:17,520
I don't want to get us into a situation to where we're

1965
01:35:17,520 --> 01:35:20,159
putting something in writing and then that's the goal that

1966
01:35:20,159 --> 01:35:21,279
people try to

1967
01:35:21,279 --> 01:35:24,289
Meet, you know, well, no, I'm not saying I'm just saying

1968
01:35:24,289 --> 01:35:26,420
that you in your mind

1969
01:35:26,420 --> 01:35:29,500
You got to go they have to meet these specific criteria for

1970
01:35:29,500 --> 01:35:29,960
you

1971
01:35:30,319 --> 01:35:34,239
On your side in order for you to be able to say yes to

1972
01:35:34,720 --> 01:35:37,960
With the alternative. Yeah, it's what we want to do is have

1973
01:35:37,960 --> 01:35:40,279
at least some minimum checkpoints

1974
01:35:41,079 --> 01:35:44,189
For you or the future whoever is going to hold that

1975
01:35:44,189 --> 01:35:48,119
position to make that analysis before they

1976
01:35:49,279 --> 01:35:51,479
agree to an administrative change

1977
01:35:52,239 --> 01:35:56,159
Then okay because that that lets everybody know that if I'm

1978
01:35:56,159 --> 01:35:57,239
if you're gonna

1979
01:35:57,800 --> 01:36:01,970
approve an alternative on that site, they had to meet this

1980
01:36:01,970 --> 01:36:02,800
level of

1981
01:36:04,600 --> 01:36:06,600
They at least have to meet these minimum

1982
01:36:07,359 --> 01:36:09,399
qualifications or

1983
01:36:09,399 --> 01:36:10,640
standards

1984
01:36:10,640 --> 01:36:14,899
So I think we're gonna this this actually came up when we

1985
01:36:14,899 --> 01:36:16,680
met with the development code review

1986
01:36:16,680 --> 01:36:18,680
I mean the committee on the environment

1987
01:36:18,720 --> 01:36:21,470
So I think that's something that the City Council may want

1988
01:36:21,470 --> 01:36:23,199
to see yeah

1989
01:36:23,199 --> 01:36:25,810
And I think they were the committee on environment really

1990
01:36:25,810 --> 01:36:28,560
was looking at that appeal section C. Okay, but it's the

1991
01:36:28,560 --> 01:36:30,060
same concept. Yeah

1992
01:36:33,039 --> 01:36:37,359
So any other questions comments concerns on that section

1993
01:36:38,579 --> 01:36:40,579
Okay, so the appeal section

1994
01:36:41,640 --> 01:36:45,039
Is basically under the current code the appeal was was to

1995
01:36:45,039 --> 01:36:48,319
the City Council in an effort to align with

1996
01:36:49,239 --> 01:36:53,579
other parts of the development code we put that appeal to

1997
01:36:53,579 --> 01:36:54,039
the

1998
01:36:56,520 --> 01:36:58,520
Zoning Board of Adjustments

1999
01:36:59,000 --> 01:37:02,220
If the developer and I can't come to consensus on something

2000
01:37:02,220 --> 01:37:05,960
then they have someone to you know appeal that decision to

2001
01:37:06,439 --> 01:37:09,050
Commissioner back. Thank you chair, and I have a problem

2002
01:37:09,050 --> 01:37:10,239
with that too. It's

2003
01:37:11,000 --> 01:37:13,960
ZBA great people anything about against them, but they're

2004
01:37:13,960 --> 01:37:17,560
not environmentalist their focus is not necessarily on

2005
01:37:18,199 --> 01:37:20,199
the whole concept of tree preservation

2006
01:37:21,920 --> 01:37:26,130
So seems like we either keep it with the City Council or

2007
01:37:26,130 --> 01:37:28,979
what was this committee mentioned the environmental

2008
01:37:30,760 --> 01:37:34,279
Committee is that a standing committee? Yes

2009
01:37:35,199 --> 01:37:38,340
Would that be a more logical group to go to on something

2010
01:37:38,340 --> 01:37:39,119
like this?

2011
01:37:39,760 --> 01:37:43,939
Rather than ZBA that I would have to consult with legal to

2012
01:37:43,939 --> 01:37:45,779
see you know that would be

2013
01:37:47,479 --> 01:37:49,479
Okay, no shaking her head

2014
01:37:50,920 --> 01:37:53,899
City council already so we would have to set up something

2015
01:37:53,899 --> 01:37:56,539
outside of that in the ZBA is already

2016
01:37:57,159 --> 01:37:59,560
delegated by the City Council as well, so

2017
01:38:03,199 --> 01:38:05,199
Correct Shandrin the

2018
01:38:05,359 --> 01:38:08,680
These ordinances are incorporated in dental development

2019
01:38:08,680 --> 01:38:11,899
code the Denton Development Code has specific appeals and

2020
01:38:11,899 --> 01:38:13,359
variance procedures and

2021
01:38:13,880 --> 01:38:17,210
Alliance to whatever board and Commission is pertinent to

2022
01:38:17,210 --> 01:38:20,319
that when it comes to any amendments associated with

2023
01:38:20,319 --> 01:38:20,680
development

2024
01:38:21,000 --> 01:38:23,000
Criteria such as these those are always

2025
01:38:24,000 --> 01:38:26,149
Reviewed by the zoning Board of Adjustment and

2026
01:38:26,149 --> 01:38:27,880
recommendations made through that body

2027
01:38:28,279 --> 01:38:31,359
There are ways to do it differently where you know you can

2028
01:38:31,359 --> 01:38:31,600
have

2029
01:38:32,119 --> 01:38:34,340
Variances that come to the planning and zoning Commission

2030
01:38:34,340 --> 01:38:37,119
for example, but that's not iterated in the ordinance right

2031
01:38:37,119 --> 01:38:37,340
now

2032
01:38:38,199 --> 01:38:42,100
We can however move this where it stays with the council

2033
01:38:42,100 --> 01:38:44,600
and that has been the request slash

2034
01:38:44,760 --> 01:38:47,130
Recommendation of the ad hoc committee for the committee of

2035
01:38:47,130 --> 01:38:48,539
the environment. I beg your pardon

2036
01:38:48,720 --> 01:38:51,760
So in terms of who can look at it, it's either

2037
01:38:52,439 --> 01:38:54,590
ideally, it's the zoning Board of Adjustment given the

2038
01:38:54,590 --> 01:38:57,020
makeup of the Denton Development Code or you can

2039
01:38:58,039 --> 01:39:00,869
Request that the City Council review this through now again

2040
01:39:00,869 --> 01:39:03,600
public hearing. Okay, and I like that also

2041
01:39:03,600 --> 01:39:06,039
I guess what bothers me about this EBA is it's

2042
01:39:07,520 --> 01:39:10,239
It's not out there as much it's kind of you know, it's

2043
01:39:10,239 --> 01:39:11,039
almost an obscure

2044
01:39:12,000 --> 01:39:15,060
Again, I don't mean to think anybody one of the most it's

2045
01:39:15,060 --> 01:39:18,170
the most powerful board as it relates to variance

2046
01:39:18,170 --> 01:39:19,000
procedures

2047
01:39:19,000 --> 01:39:22,869
Anyway, public notice though would go out. Okay. Okay, and

2048
01:39:22,869 --> 01:39:25,680
the appeal process to a denial is very very different

2049
01:39:26,239 --> 01:39:30,100
Okay, so if they approved a change to it and there was

2050
01:39:30,100 --> 01:39:31,520
still some disagreement

2051
01:39:32,439 --> 01:39:34,239
You could carry it

2052
01:39:34,239 --> 01:39:36,239
to the City Council

2053
01:39:36,520 --> 01:39:40,159
No, no if the zoning it goes to the Court of Appeal

2054
01:39:40,159 --> 01:39:41,479
District Court

2055
01:39:42,199 --> 01:39:45,600
Okay. Yes, if after ZBA if you were appealing a ZBA

2056
01:39:45,600 --> 01:39:48,300
determination, correct. Okay. Thanks

2057
01:39:51,880 --> 01:39:53,880
Okay

2058
01:39:54,640 --> 01:39:58,439
So we'll move on to the next section here true protection

2059
01:39:58,439 --> 01:40:00,520
requirements during construction

2060
01:40:02,560 --> 01:40:05,840
Basically true protection plan must be submitted with the

2061
01:40:05,840 --> 01:40:09,000
preliminary plat final plat site plan building permit

2062
01:40:09,000 --> 01:40:09,600
application

2063
01:40:09,880 --> 01:40:13,880
It must be perfect. Yeah, excuse me must be prepared

2064
01:40:14,439 --> 01:40:17,960
By or certified by an ISA certified arborist

2065
01:40:21,279 --> 01:40:23,119
And again

2066
01:40:23,119 --> 01:40:26,119
You know just going back to being able to verify those

2067
01:40:26,119 --> 01:40:28,960
credentials is why you know just stuck with the ISA

2068
01:40:28,960 --> 01:40:30,199
certified arborist here

2069
01:40:32,560 --> 01:40:35,079
True protection standards shall be in accordance with the

2070
01:40:35,079 --> 01:40:37,760
standards and the city's criteria

2071
01:40:38,920 --> 01:40:40,439
manual as

2072
01:40:40,439 --> 01:40:42,439
amended at the time and

2073
01:40:42,600 --> 01:40:45,159
As required by the city's urban forester

2074
01:40:45,800 --> 01:40:48,039
with site design criteria manual

2075
01:40:48,680 --> 01:40:50,680
the developer must place

2076
01:40:51,039 --> 01:40:53,630
Tree question for you on that one. Yes, I had a comment

2077
01:40:53,630 --> 01:40:58,180
from someone is there a tree care criteria manual currently

2078
01:40:58,180 --> 01:40:58,920
on the website

2079
01:40:58,920 --> 01:41:01,359
Or does this exist? No, it's not not I think

2080
01:41:02,840 --> 01:41:04,840
That was

2081
01:41:05,239 --> 01:41:06,760
Was

2082
01:41:06,760 --> 01:41:09,859
Cross-referenced the same as the site design criteria

2083
01:41:09,859 --> 01:41:12,640
manual. It'll be in probably in one location

2084
01:41:12,920 --> 01:41:16,539
Okay. So yeah, it's a typo. We're gonna still call the typo

2085
01:41:16,539 --> 01:41:17,600
for now. Yeah

2086
01:41:18,199 --> 01:41:20,199
Okay

2087
01:41:20,199 --> 01:41:23,449
Okay, so the developer must place true protection very

2088
01:41:23,449 --> 01:41:25,380
round entire sure Ellis. Yeah

2089
01:41:26,199 --> 01:41:27,560
Yes

2090
01:41:27,560 --> 01:41:29,319
Sorry about that. He would

2091
01:41:29,319 --> 01:41:31,640
question back to the ISA certified arborist

2092
01:41:33,039 --> 01:41:35,039
How many are there?

2093
01:41:35,079 --> 01:41:37,520
Within a hundred miles of Denton. There's a hundred and

2094
01:41:37,520 --> 01:41:38,399
thirty nine. Oh

2095
01:41:39,920 --> 01:41:42,880
The Texas chapter of ISA is one of the fastest growing

2096
01:41:43,720 --> 01:41:45,720
chapters of ISA

2097
01:41:46,159 --> 01:41:48,640
Not in the country in the world because I say is this an

2098
01:41:48,640 --> 01:41:50,399
international organization

2099
01:41:51,560 --> 01:41:53,560
and the other thing is

2100
01:41:54,239 --> 01:41:57,439
With this new process. It doesn't necessarily mean that the

2101
01:41:57,439 --> 01:42:00,000
person has to be here to do that that work

2102
01:42:00,000 --> 01:42:02,000
A lot of this can be done

2103
01:42:02,600 --> 01:42:05,239
You know remotely because of the technology that's involved

2104
01:42:09,239 --> 01:42:11,039
Okay, so

2105
01:42:11,039 --> 01:42:13,039
The developer must place true protection

2106
01:42:13,479 --> 01:42:16,409
Berry around the entire true protection zone as stated in

2107
01:42:16,409 --> 01:42:17,399
the site design

2108
01:42:17,920 --> 01:42:21,699
Criteria manual and as approved by the city urban forester

2109
01:42:22,239 --> 01:42:25,220
The developer must not engage in construction activities

2110
01:42:25,220 --> 01:42:28,810
until the city's urban forester verifies the installation

2111
01:42:28,810 --> 01:42:29,039
of

2112
01:42:29,520 --> 01:42:33,239
A tree protection very round the tree protection zone for

2113
01:42:33,239 --> 01:42:35,920
all trees designated for preservation

2114
01:42:35,920 --> 01:42:39,479
So this section basically is you know my final inspection

2115
01:42:40,680 --> 01:42:42,680
Before the permit is released

2116
01:42:43,399 --> 01:42:45,640
Any any other questions on this section?

2117
01:42:46,319 --> 01:42:48,399
The only one I'm gonna back up to I

2118
01:42:49,199 --> 01:42:51,670
And I think I'm just gonna make a blanket statement. I

2119
01:42:51,670 --> 01:42:54,890
think we're gonna be cleaning up where it is with single

2120
01:42:54,890 --> 01:42:55,479
family

2121
01:42:56,439 --> 01:42:59,279
Because you have this under building permit applications. I

2122
01:42:59,279 --> 01:43:01,840
think I brought it up last time about our current building

2123
01:43:01,840 --> 01:43:03,840
permit applications are universal

2124
01:43:04,760 --> 01:43:05,920
applications

2125
01:43:05,920 --> 01:43:08,420
So technically if someone wants to do an addition or a

2126
01:43:08,420 --> 01:43:11,159
model or whatever they are going to fall back under this

2127
01:43:11,159 --> 01:43:14,359
So I think that still needs to get cleaned up. Yeah,

2128
01:43:14,359 --> 01:43:17,319
actually the there's one of the applications is universal

2129
01:43:17,319 --> 01:43:20,180
But there are some other applications everything isn't on

2130
01:43:20,180 --> 01:43:20,920
one application

2131
01:43:21,000 --> 01:43:24,970
but even though the application is as universal the permit

2132
01:43:24,970 --> 01:43:25,680
itself is

2133
01:43:26,199 --> 01:43:32,159
specific so if you go in for you may sign up this universal

2134
01:43:32,159 --> 01:43:33,239
application

2135
01:43:34,159 --> 01:43:36,960
But you know for residential is you know new construction

2136
01:43:36,960 --> 01:43:41,079
addition interior remodel tenant finish out. So

2137
01:43:41,760 --> 01:43:45,289
When you get the permit is only for what you're actually

2138
01:43:45,289 --> 01:43:47,520
applying for so you may use this one form

2139
01:43:47,520 --> 01:43:50,939
But when you actually get the permit if it's you know an

2140
01:43:50,939 --> 01:43:54,090
interior remodel well, it's a permit for an interior rem

2141
01:43:54,090 --> 01:43:54,399
odel

2142
01:43:54,399 --> 01:43:57,239
Okay. Well it says building permit application

2143
01:43:59,359 --> 01:44:01,640
Not the permanent cell so if you make an application

2144
01:44:02,560 --> 01:44:05,149
It's going to be officially a building permit and it's a

2145
01:44:05,149 --> 01:44:08,239
universal form. So anyway, I think we've

2146
01:44:08,920 --> 01:44:11,140
Designated enough. I won't beat a dead horse on the thing

2147
01:44:14,439 --> 01:44:18,369
Okay, yeah moving on to the to the next section on

2148
01:44:18,369 --> 01:44:19,220
enforcement here

2149
01:44:20,600 --> 01:44:22,680
so section 9 enforcement and

2150
01:44:24,159 --> 01:44:27,689
This section here is for the most part what's in the

2151
01:44:27,689 --> 01:44:28,520
existing code

2152
01:44:28,520 --> 01:44:32,000
I think some of the things were pulled in here specifically

2153
01:44:32,000 --> 01:44:34,140
because in the existing code is referring to a different

2154
01:44:34,140 --> 01:44:34,880
section that

2155
01:44:35,279 --> 01:44:37,399
stated the same requirements so

2156
01:44:39,079 --> 01:44:41,970
Don't hear the city urban forester and the building

2157
01:44:41,970 --> 01:44:44,960
official have the authority to place a stop-work order on

2158
01:44:44,960 --> 01:44:47,119
activities involving the removal of any

2159
01:44:47,560 --> 01:44:49,560
heritage or protected tree

2160
01:44:49,560 --> 01:44:53,279
or on any activity that may adversely endanger any tree

2161
01:44:53,279 --> 01:44:57,720
contrary to the provisions of sub chapter 35 13 7 and

2162
01:44:59,479 --> 01:45:03,199
Applicable criteria manual the building official may design

2163
01:45:03,199 --> 01:45:06,239
may deny all permits and submit certificate of occupancy

2164
01:45:07,159 --> 01:45:10,899
For any site which is not in compliance with with sub

2165
01:45:10,899 --> 01:45:13,279
chapter 35 13 7

2166
01:45:13,439 --> 01:45:16,819
The applicable applicable criteria and applicable criteria

2167
01:45:16,819 --> 01:45:17,800
manual, excuse me

2168
01:45:18,359 --> 01:45:21,199
For the purpose of enforcement section 35

2169
01:45:21,960 --> 01:45:25,800
1.10 of the Dent Development Code is incorporated by

2170
01:45:25,800 --> 01:45:29,500
referencing here in and as amended in the future

2171
01:45:29,960 --> 01:45:32,260
So, you know basically this has to do with

2172
01:45:33,520 --> 01:45:36,310
Activity that may be going on on a site that you know, it's

2173
01:45:36,310 --> 01:45:37,399
not permitted

2174
01:45:38,279 --> 01:45:41,359
And sometimes, you know, I think Chandra mentioned earlier

2175
01:45:41,359 --> 01:45:42,439
a lot of times this, you know

2176
01:45:43,960 --> 01:45:46,680
The residents in the area they'll see something going on

2177
01:45:46,680 --> 01:45:48,600
and you know, they'll get on the phone

2178
01:45:48,600 --> 01:45:50,800
They'll start calling do you know what's going on?

2179
01:45:50,800 --> 01:45:54,189
But does this have a permit so this you know, and this is

2180
01:45:54,189 --> 01:45:55,079
in the existing code

2181
01:45:55,079 --> 01:45:58,470
But it allows me to go out on the site or someone under the

2182
01:45:58,470 --> 01:46:01,520
building inspection department to actually issue a stop-

2183
01:46:01,520 --> 01:46:02,079
work order

2184
01:46:02,920 --> 01:46:06,710
For the work that's going on until you know, the proper

2185
01:46:06,710 --> 01:46:08,039
permits are received

2186
01:46:09,720 --> 01:46:14,039
So the next section here for person removes cuts down tops

2187
01:46:14,039 --> 01:46:16,520
destroys I'm sorry Commissioner Ellis

2188
01:46:17,239 --> 01:46:19,359
Thank You. Thank You chair. Hey what going back to that

2189
01:46:19,359 --> 01:46:19,619
first?

2190
01:46:20,680 --> 01:46:21,800
paragraph

2191
01:46:21,800 --> 01:46:24,680
So the city's urban forester and the building official

2192
01:46:24,680 --> 01:46:27,720
should it say and or just for clarity because I mean is it

2193
01:46:27,800 --> 01:46:31,130
It's either one of you who could do it. You don't need both

2194
01:46:31,130 --> 01:46:33,600
of you to stop the permit or do you have to be both?

2195
01:46:34,520 --> 01:46:36,520
It can be and or I mean

2196
01:46:36,520 --> 01:46:40,119
I was just curious at how you were presenting that line

2197
01:46:40,119 --> 01:46:43,720
that first line. Okay, so it's either or of you can stop it

2198
01:46:47,840 --> 01:46:49,560
Okay, so the next

2199
01:46:49,560 --> 01:46:51,119
line here

2200
01:46:51,119 --> 01:46:55,470
If a person removes cuts down tops destroys or moves or

2201
01:46:55,470 --> 01:46:58,909
assist in the removal cutting down topping destroying or

2202
01:46:58,909 --> 01:46:59,439
moving

2203
01:46:59,680 --> 01:47:02,939
or causes the removal cutting down topping destroying or

2204
01:47:02,939 --> 01:47:06,319
moving of a tree without complying with the requirements of

2205
01:47:06,319 --> 01:47:08,359
the subsection or

2206
01:47:09,039 --> 01:47:12,279
Owns part or all of the land where the violation occurs

2207
01:47:12,279 --> 01:47:16,050
this person's shall be guilty upon conviction of remiss

2208
01:47:16,050 --> 01:47:16,640
demeanor

2209
01:47:17,319 --> 01:47:20,039
And so basically that you know goes back to you know trees

2210
01:47:20,039 --> 01:47:23,000
that are being you know removed without a permit

2211
01:47:24,000 --> 01:47:25,279
on

2212
01:47:25,279 --> 01:47:26,880
you know

2213
01:47:26,880 --> 01:47:30,199
undeveloped sites or on sites within the city

2214
01:47:31,199 --> 01:47:34,529
Commissioner back. Thank you chair. And again, I go along

2215
01:47:34,529 --> 01:47:36,239
with the intent behind this

2216
01:47:36,239 --> 01:47:39,399
We want to keep people from flippantly just disregarding

2217
01:47:39,399 --> 01:47:42,989
again. The critical thing here is tree preservation can't

2218
01:47:42,989 --> 01:47:43,079
be

2219
01:47:43,680 --> 01:47:47,439
the canopy preservation I just are there

2220
01:47:48,840 --> 01:47:50,920
It draws a lot of people in here people who own the

2221
01:47:50,920 --> 01:47:54,659
property but aren't actually involved in the actual removal

2222
01:47:54,659 --> 01:47:55,840
they could be cited to

2223
01:47:56,359 --> 01:47:59,199
Is there going to be an effort on the part of?

2224
01:48:00,159 --> 01:48:02,159
this ordinance to

2225
01:48:03,119 --> 01:48:06,359
Educate people well enough I know

2226
01:48:07,159 --> 01:48:09,460
Ignorance of the laws no excuse, you know, but in some

2227
01:48:09,460 --> 01:48:12,479
cases there could be some innocent bystander share get

2228
01:48:12,479 --> 01:48:13,159
caught up there

2229
01:48:13,159 --> 01:48:17,060
So as you know, well informed is well served and I just are

2230
01:48:17,060 --> 01:48:19,880
we going to try and make an effort to get the word out?

2231
01:48:19,880 --> 01:48:22,029
On this as much as possible these go in their monthly

2232
01:48:22,029 --> 01:48:23,720
electric bills or something like that

2233
01:48:24,439 --> 01:48:27,529
Yeah, we can look at you know the stuffers in the electric

2234
01:48:27,529 --> 01:48:29,399
bill city website

2235
01:48:30,039 --> 01:48:33,810
Press release, you know once everything is finalized to you

2236
01:48:33,810 --> 01:48:35,739
know, let the general public know

2237
01:48:36,319 --> 01:48:40,079
What the changes and the requirements are good good. Thank

2238
01:48:40,079 --> 01:48:40,220
you

2239
01:48:40,220 --> 01:48:43,460
I would like to echo that that was one of my comments is

2240
01:48:43,460 --> 01:48:46,119
that if a piece of property is owned by a corporation

2241
01:48:46,760 --> 01:48:49,479
Publicly traded company does everybody that don't stock in

2242
01:48:49,479 --> 01:48:51,300
that company guilty

2243
01:48:53,039 --> 01:48:55,449
Because they they're young I mean if that's the owner of

2244
01:48:55,449 --> 01:48:56,119
the property

2245
01:48:56,119 --> 01:48:59,430
Yeah, I mean they could be be guilty of it if that's a lot

2246
01:48:59,430 --> 01:49:00,800
of $500 bills

2247
01:49:02,920 --> 01:49:04,920
Per day

2248
01:49:05,880 --> 01:49:10,939
Okay within reason I would support maybe one principle

2249
01:49:10,939 --> 01:49:12,439
possibly two people

2250
01:49:12,600 --> 01:49:15,529
But beyond that I think it's it needs to be cleaned up

2251
01:49:15,529 --> 01:49:17,680
because it's too broad of a net for

2252
01:49:19,520 --> 01:49:22,239
Partnerships corporations and things that trade in this for

2253
01:49:22,239 --> 01:49:24,340
it to be every single that owns a piece or a part or

2254
01:49:24,340 --> 01:49:24,920
whatever

2255
01:49:24,920 --> 01:49:26,159
So yeah

2256
01:49:26,159 --> 01:49:29,069
I think if it's in the if it's in the name of the

2257
01:49:29,069 --> 01:49:30,560
corporation is LLC

2258
01:49:30,560 --> 01:49:34,340
you'll probably be you know to that LLC not each individual

2259
01:49:34,340 --> 01:49:35,520
persons, but as

2260
01:49:36,800 --> 01:49:39,649
Participants in that LLC, you know, they are ultimately

2261
01:49:39,649 --> 01:49:40,199
responsible

2262
01:49:40,199 --> 01:49:43,140
But it wouldn't be it wouldn't be you know, if there's ten

2263
01:49:43,140 --> 01:49:45,800
people in there each one of them gets you know

2264
01:49:47,319 --> 01:49:50,039
A sighted up so it doesn't it's not confusing because that

2265
01:49:50,039 --> 01:49:51,359
's not the way it rates now

2266
01:49:51,920 --> 01:49:54,899
Okay, we'll get the legal department to take a look at that

2267
01:49:54,899 --> 01:49:55,840
. Yeah

2268
01:49:59,560 --> 01:50:03,369
Okay, so the next section if any person performs grading on

2269
01:50:03,369 --> 01:50:06,800
a moves any heavy equipment any heavy-duty vehicles

2270
01:50:06,800 --> 01:50:08,239
specially designed for

2271
01:50:09,380 --> 01:50:12,960
excavating construction tasks on any undeveloped property

2272
01:50:12,960 --> 01:50:16,020
that contains trees subject to this subchapter without

2273
01:50:16,020 --> 01:50:17,000
first obtaining

2274
01:50:17,680 --> 01:50:20,310
true removal permit this person shall be guilty upon

2275
01:50:20,310 --> 01:50:22,439
conviction of a misdemeanor and

2276
01:50:23,239 --> 01:50:26,960
You know, that's basically, you know covering errors where?

2277
01:50:28,159 --> 01:50:30,880
Prior to permits issue, you know, someone moves all and

2278
01:50:30,880 --> 01:50:34,840
tree protection plan or tree protection up someone moves

2279
01:50:35,760 --> 01:50:38,529
Equipment on the site that you know can can damage, you

2280
01:50:38,529 --> 01:50:42,319
know the trees that you know are slated to be preserved

2281
01:50:43,640 --> 01:50:47,069
Well, I got a comment on that too. I think this needs to be

2282
01:50:47,069 --> 01:50:49,359
cleaned up somewhat because you're gonna have a lot of the

2283
01:50:49,359 --> 01:50:49,760
innocent

2284
01:50:50,199 --> 01:50:52,689
Bystanders possibly with this utility contractors that are

2285
01:50:52,689 --> 01:50:55,479
working in right-of-ways that are pulling equipment on

2286
01:50:56,199 --> 01:50:58,199
property leaving their equipment

2287
01:50:59,560 --> 01:51:03,409
For example, so I think this needs to be visited some as

2288
01:51:03,409 --> 01:51:05,159
well so that they're

2289
01:51:05,880 --> 01:51:07,880
Those things don't happen

2290
01:51:07,960 --> 01:51:11,449
And I think the the key here is heavy-duty vehicles

2291
01:51:11,449 --> 01:51:15,159
specially designed for execute executing construction

2292
01:51:15,159 --> 01:51:17,159
So it's talking about construction equipment

2293
01:51:17,479 --> 01:51:20,489
Not you know some if you know utilities out there with a

2294
01:51:20,489 --> 01:51:21,840
bucket truck to do pruning this

2295
01:51:21,840 --> 01:51:24,979
No, I'm done. Nobody moves a backhoe on a piece of property

2296
01:51:24,979 --> 01:51:26,000
to do utility work

2297
01:51:26,880 --> 01:51:30,460
That technically they're in violation of this. Well, yeah,

2298
01:51:30,460 --> 01:51:33,119
because if they're on there to do utility work, you know

2299
01:51:33,119 --> 01:51:37,600
They should have a an excavation permit. So that's covered

2300
01:51:37,600 --> 01:51:39,760
also under that permitting

2301
01:51:40,720 --> 01:51:43,439
Section which is different from the true preservation. So

2302
01:51:43,439 --> 01:51:45,920
they would have to have a permit to do that excavation

2303
01:51:46,680 --> 01:51:49,270
Well, I get for eyes and bring tobacco in to work on their

2304
01:51:49,270 --> 01:51:51,569
line and they park it on somebody's private piece of

2305
01:51:51,569 --> 01:51:52,119
property

2306
01:51:52,720 --> 01:51:55,289
And to work in them right away. That's the kind of things I

2307
01:51:55,289 --> 01:51:57,239
'm talking about. So however

2308
01:51:58,000 --> 01:52:00,279
It needs to be addressed and just bring into that

2309
01:52:00,800 --> 01:52:02,800
Okay

2310
01:52:03,119 --> 01:52:05,119
Okay

2311
01:52:14,199 --> 01:52:18,060
Okay moving on almost to the end here see if we can make it

2312
01:52:18,060 --> 01:52:20,399
we got no it's almost four minutes to six

2313
01:52:21,840 --> 01:52:23,760
So I'm gonna try to get through this last section

2314
01:52:23,760 --> 01:52:27,220
This next line is existing in the current code if a person

2315
01:52:27,220 --> 01:52:30,359
causes the death of a tree that has preserved a planet

2316
01:52:30,720 --> 01:52:33,399
in compliance with this sub chapter through

2317
01:52:34,119 --> 01:52:37,409
Neglect this person shall be guilty upon conviction of misd

2318
01:52:37,409 --> 01:52:38,039
emeanor

2319
01:52:38,960 --> 01:52:42,439
Sometimes trees are planted irrigation isn't turned on and

2320
01:52:42,439 --> 01:52:42,979
trees die

2321
01:52:42,979 --> 01:52:46,270
That's what we mean by neglect or if someone you know runs

2322
01:52:46,270 --> 01:52:48,840
over with the lawnmower or what-have-you

2323
01:52:49,920 --> 01:52:51,920
specific to the new trees

2324
01:52:53,000 --> 01:52:57,170
Just gonna plot it like HOA's things like that. It would

2325
01:52:57,170 --> 01:52:59,279
apply to any you know

2326
01:53:00,359 --> 01:53:02,359
Develop property where trees were planted

2327
01:53:03,479 --> 01:53:07,029
Under this this sub chapter. So the president of the HOA

2328
01:53:07,029 --> 01:53:08,600
that's serving it

2329
01:53:09,960 --> 01:53:13,600
volunteer in their time and these are planted in HOA and

2330
01:53:13,600 --> 01:53:16,930
then to your point the sprinkler systems broke and the

2331
01:53:16,930 --> 01:53:17,359
trees die

2332
01:53:17,640 --> 01:53:21,670
the president of the HOA that serving voluntary is going to

2333
01:53:21,670 --> 01:53:21,840
be

2334
01:53:24,079 --> 01:53:27,609
Getting a ticket for 500 bucks for each could be if they

2335
01:53:27,609 --> 01:53:28,760
are the legal

2336
01:53:29,159 --> 01:53:31,810
Responsible person for the HOA. I guess it depends on how

2337
01:53:31,810 --> 01:53:32,579
the HOA is set up

2338
01:53:33,720 --> 01:53:37,130
That's how a lot of them are done. So they're typically run

2339
01:53:37,130 --> 01:53:38,359
by the volunteers of the

2340
01:53:39,279 --> 01:53:41,279
neighborhoods and so

2341
01:53:42,279 --> 01:53:45,810
Anyway, I think some more of this thought I think I think

2342
01:53:45,810 --> 01:53:48,279
my concern and we're about out of time

2343
01:53:48,279 --> 01:53:49,920
I think a lot of these things are good

2344
01:53:49,920 --> 01:53:51,760
There's a lot of vagueness and I think there's probably

2345
01:53:51,760 --> 01:53:54,359
gonna be a lot of unintended people that get caught up in

2346
01:53:54,359 --> 01:53:54,680
this

2347
01:53:55,560 --> 01:53:58,109
By the way that it's written and I think a lot of it needs

2348
01:53:58,109 --> 01:54:00,880
to get cleaned up and be very specific about

2349
01:54:01,479 --> 01:54:05,199
intent and issues versus to my example there

2350
01:54:06,239 --> 01:54:09,270
The poor guy that's vaultern is timer on the HOA is the guy

2351
01:54:09,270 --> 01:54:12,680
that's in violation and you know, no good details

2352
01:54:13,479 --> 01:54:15,979
unpunished serving for nothing, so

2353
01:54:17,479 --> 01:54:19,479
Please continue

2354
01:54:19,960 --> 01:54:21,960
Okay

2355
01:54:22,319 --> 01:54:25,500
The city urban forest and building official may go out on

2356
01:54:25,500 --> 01:54:28,319
any property subject to this up to this section

2357
01:54:28,840 --> 01:54:31,829
With or without notice to the to the owner for the purpose

2358
01:54:31,829 --> 01:54:34,079
of verifying compliance with this

2359
01:54:34,800 --> 01:54:36,800
section or with any

2360
01:54:36,920 --> 01:54:40,289
Open building permit. So this basically just gives me the

2361
01:54:40,289 --> 01:54:43,039
authority to go out and do inspections on properties

2362
01:54:43,159 --> 01:54:45,539
You know that are being constructed verify that the tree

2363
01:54:45,539 --> 01:54:47,920
protection is being maintained and what-have-you

2364
01:54:50,159 --> 01:54:52,159
Each tree and this is

2365
01:54:52,319 --> 01:54:55,890
These next two are in the existing code each tree damage

2366
01:54:55,890 --> 01:54:58,359
removed cut down topped destroyed

2367
01:54:58,560 --> 01:55:01,840
Or moved in violation of this subject of this subchapter

2368
01:55:02,640 --> 01:55:04,960
Shall constitute a distinct and separate offense

2369
01:55:05,640 --> 01:55:08,840
It shall be an affirmative defense to prosecution under the

2370
01:55:08,840 --> 01:55:12,520
subsection that the injury or destruction of the tree

2371
01:55:12,840 --> 01:55:16,560
Was caused by natural disasters or other acts of God

2372
01:55:16,560 --> 01:55:19,800
including but not limited to tornadoes straight line winds

2373
01:55:19,800 --> 01:55:20,960
ice storms fire

2374
01:55:20,960 --> 01:55:23,979
Floods hail and lightning strikes that answers your

2375
01:55:23,979 --> 01:55:24,560
question

2376
01:55:26,720 --> 01:55:29,930
It shall be an affirmative defense to prosecution under

2377
01:55:29,930 --> 01:55:33,039
this subsection that the injury or destruction of the tree

2378
01:55:33,039 --> 01:55:34,539
was caused by an independent

2379
01:55:35,199 --> 01:55:38,399
unauthorized action of third parties who are not the

2380
01:55:38,399 --> 01:55:39,199
developer of

2381
01:55:39,720 --> 01:55:43,109
This property subject to this subsection and that's a new

2382
01:55:43,109 --> 01:55:45,079
section that was added here

2383
01:55:45,720 --> 01:55:47,359
so

2384
01:55:47,359 --> 01:55:49,520
With that we're right on at time

2385
01:55:49,520 --> 01:55:52,710
I don't want to get us kicked out, but I think we will be

2386
01:55:52,710 --> 01:55:53,520
pretty soon

2387
01:55:56,279 --> 01:55:58,350
Let's open up or any comments since we've got through the

2388
01:55:58,350 --> 01:55:59,359
ordinance

2389
01:56:06,239 --> 01:56:08,239
Now we're we're in work session

2390
01:56:12,720 --> 01:56:15,319
Anybody else any other comments we're about out of time

2391
01:56:15,840 --> 01:56:19,130
I think this is currently scheduled to come before us for

2392
01:56:19,130 --> 01:56:19,439
next

2393
01:56:20,159 --> 01:56:22,159
Wednesday for work session and a vote

2394
01:56:22,800 --> 01:56:24,800
I

2395
01:56:24,840 --> 01:56:27,470
Think it was just the work section next week. All right.

2396
01:56:27,470 --> 01:56:27,680
Yeah

2397
01:56:28,600 --> 01:56:31,840
Okay, I'm Mr. So I thought last weeks we were having it

2398
01:56:43,479 --> 01:56:44,920
Okay

2399
01:56:44,920 --> 01:56:48,130
I think that's wise. I know and I think I said earlier the

2400
01:56:48,130 --> 01:56:48,720
media I've had

2401
01:56:49,439 --> 01:56:52,920
I've got a stack of comments and papers and telephone calls

2402
01:56:52,920 --> 01:56:54,779
And I think it'd be a really good idea for some of the

2403
01:56:54,779 --> 01:56:57,840
stakeholders that have come out here

2404
01:56:59,399 --> 01:57:01,159
For us to staff

2405
01:57:01,159 --> 01:57:03,340
To get with them and address some of the comments and the

2406
01:57:03,340 --> 01:57:05,039
questions that have been brought there

2407
01:57:05,039 --> 01:57:07,479
I have an opportunity to present those this evening

2408
01:57:07,479 --> 01:57:09,989
but I know they've written some letters and marked up a

2409
01:57:09,989 --> 01:57:12,159
number of these and I think it'd be

2410
01:57:12,640 --> 01:57:15,819
Very productive for the people that are the experts. I'm

2411
01:57:15,819 --> 01:57:16,960
not the expert

2412
01:57:17,680 --> 01:57:20,159
That deal with us in a daily basis

2413
01:57:20,159 --> 01:57:23,260
I think that would be very productive to clean a lot of

2414
01:57:23,260 --> 01:57:25,039
this stuff up before it comes back to

2415
01:57:25,640 --> 01:57:28,619
Our Commission and probably save everybody a lot of time

2416
01:57:30,359 --> 01:57:32,359
It's just a suggestion. I don't know if

2417
01:57:33,199 --> 01:57:36,090
Anybody else has any comments before we close but those

2418
01:57:36,090 --> 01:57:37,039
would be mine

2419
01:57:41,000 --> 01:57:43,000
Commissioner Ellis, thank you chair

2420
01:57:43,199 --> 01:57:47,420
So I mean will you have time in a week to take at least

2421
01:57:47,420 --> 01:57:50,880
what we discussed today to be able to present us with

2422
01:57:50,880 --> 01:57:51,319
something

2423
01:57:52,920 --> 01:57:55,319
You know, maybe slightly altered from what we're discussing

2424
01:57:55,319 --> 01:57:58,600
tonight or I mean does that is that reasonable or

2425
01:57:59,359 --> 01:58:02,149
It'll be tight to get everything in there some of the main

2426
01:58:02,149 --> 01:58:05,180
issues. We may be able to to revisit and clean up

2427
01:58:06,039 --> 01:58:08,430
But because I guess what what is our goal for or maybe we

2428
01:58:08,430 --> 01:58:10,560
don't have a goal yet for next week

2429
01:58:11,960 --> 01:58:13,939
That's what I wanted to ask. What do you guys want to

2430
01:58:13,939 --> 01:58:16,079
discuss next week next week?

2431
01:58:16,119 --> 01:58:19,560
Do we want to continue through the ordinance again or?

2432
01:58:20,239 --> 01:58:22,960
What would you like to see how would you like to use the

2433
01:58:22,960 --> 01:58:24,880
work session for next time?

2434
01:58:25,680 --> 01:58:28,750
Like to sit Commissioner back. Thank you. I would like to

2435
01:58:28,750 --> 01:58:29,199
see it

2436
01:58:29,920 --> 01:58:31,079
rewritten

2437
01:58:31,079 --> 01:58:33,079
And let us review that

2438
01:58:33,680 --> 01:58:37,000
Going back over this again as is any good. So once you

2439
01:58:37,000 --> 01:58:39,000
major additions changes

2440
01:58:40,000 --> 01:58:43,439
If we could review that by next Wednesday, is that possible

2441
01:58:43,439 --> 01:58:43,439
?

2442
01:58:44,600 --> 01:58:47,930
Probably for you know, some of the major things and it's my

2443
01:58:47,930 --> 01:58:50,640
understanding too that we'll have that work session

2444
01:58:50,720 --> 01:58:53,789
But afterward there will be the public session where the

2445
01:58:53,789 --> 01:58:57,479
public can give input to at that time. Is that correct?

2446
01:58:58,119 --> 01:59:01,880
In the public the next one is going to be a work session

2447
01:59:01,880 --> 01:59:05,199
And then when we notice for the public hearing that'll be

2448
01:59:05,199 --> 01:59:08,119
the opportunity for this the community stakeholders

2449
01:59:08,119 --> 01:59:11,359
That won't be next Wednesday following our work. Okay. Yes,

2450
01:59:11,359 --> 01:59:14,029
of course if there's you know any questions that I could

2451
01:59:14,029 --> 01:59:14,680
answer directly

2452
01:59:15,319 --> 01:59:17,319
You know, I'm available

2453
01:59:17,640 --> 01:59:20,119
To answer those questions and provide, you know a little

2454
01:59:20,119 --> 01:59:22,640
bit more, you know clarification on what's written

2455
01:59:23,680 --> 01:59:27,159
Your email address is on the website. I believe so. Yeah

2456
01:59:27,159 --> 01:59:28,760
for everyone here

2457
01:59:34,720 --> 01:59:37,239
Well, since you ask I I think that's a

2458
01:59:38,399 --> 01:59:41,039
Good suggestion. I'd like to see the

2459
01:59:41,560 --> 01:59:44,350
Ordinance get cleaned up the comments from last meeting the

2460
01:59:44,350 --> 01:59:45,680
comments from tonight

2461
01:59:45,680 --> 01:59:49,159
And I think it's prudent once it's cleaned up that it gets

2462
01:59:49,159 --> 01:59:52,659
posted and that people have an opportunity to review it

2463
01:59:54,000 --> 01:59:55,399
I'm not saying they need a month

2464
01:59:55,399 --> 02:00:00,270
But I think asking people to to try to review these things

2465
02:00:00,270 --> 02:00:03,680
in a few days to come and and make points

2466
02:00:05,000 --> 02:00:08,720
Check with client whatever the case may be. I think we need

2467
02:00:08,720 --> 02:00:09,000
a

2468
02:00:09,960 --> 02:00:12,550
Minimum of a couple of weeks once the ordinance is

2469
02:00:12,550 --> 02:00:14,199
completely finished

2470
02:00:15,119 --> 02:00:18,750
To be able to do that and what I what I would like to also

2471
02:00:18,750 --> 02:00:20,479
have at our next work session

2472
02:00:20,479 --> 02:00:22,380
I think it's good that we got through the ordinance. I

2473
02:00:22,380 --> 02:00:23,399
think there are

2474
02:00:24,159 --> 02:00:26,079
at least from my point of view, I would like to spend a

2475
02:00:26,079 --> 02:00:28,199
little time talking about the

2476
02:00:30,199 --> 02:00:33,399
The urban forest survey that was done. There's a tremendous

2477
02:00:33,399 --> 02:00:35,039
amount of information in here

2478
02:00:36,039 --> 02:00:39,720
and then also from my point would like to

2479
02:00:40,359 --> 02:00:42,859
Go through some of the assumptions in here about the

2480
02:00:42,859 --> 02:00:44,039
mitigation rates

2481
02:00:45,279 --> 02:00:47,279
the coverage rates

2482
02:00:47,800 --> 02:00:52,000
The requirement for 20% if there's other ways to do that

2483
02:00:52,000 --> 02:00:54,159
and then maybe possibly some

2484
02:00:54,960 --> 02:00:57,319
philosophical ones about if we're going to do this that the

2485
02:00:57,319 --> 02:00:59,619
city maybe bias some of the

2486
02:01:00,359 --> 02:01:02,119
if

2487
02:01:02,119 --> 02:01:05,069
It's going to be required the city may be purchased of some

2488
02:01:05,069 --> 02:01:07,829
of those things and use the tree fund to do that and take

2489
02:01:07,829 --> 02:01:08,119
it

2490
02:01:08,119 --> 02:01:09,880
from private

2491
02:01:09,880 --> 02:01:11,880
property owners and transfer it to

2492
02:01:12,319 --> 02:01:15,789
Public ownership if it's public policy, I think that's a

2493
02:01:15,789 --> 02:01:19,539
reasonable discussion for us to have as a board. So

2494
02:01:20,560 --> 02:01:22,810
Those would be some of the things I would like to cover in

2495
02:01:22,810 --> 02:01:24,180
our next work session

2496
02:01:25,199 --> 02:01:27,199
Commissioner Ellis. Thank you chair

2497
02:01:27,199 --> 02:01:29,989
Yeah, and just to echo that I guess just whatever it will

2498
02:01:29,989 --> 02:01:32,239
take to just kind of keep moving this forward

2499
02:01:32,239 --> 02:01:35,390
I think you know, we offered some great opinion today and

2500
02:01:35,390 --> 02:01:36,399
suggestions and

2501
02:01:37,560 --> 02:01:40,699
Hopefully you'll have time to you know, maybe change some

2502
02:01:40,699 --> 02:01:44,439
of this or come back and say why you can't you know address

2503
02:01:44,439 --> 02:01:45,239
some of the concerns

2504
02:01:45,760 --> 02:01:49,600
Just so whatever it is so that next week we can you know

2505
02:01:49,600 --> 02:01:51,720
get to the next step because I mean this is all

2506
02:01:51,720 --> 02:01:53,720
I mean, this is all

2507
02:01:53,760 --> 02:01:57,479
This is great. We again to echo we need the tree croak code

2508
02:01:57,479 --> 02:01:58,119
rewritten

2509
02:01:58,119 --> 02:02:01,979
It's great for the city and it needs to be done. So we need

2510
02:02:01,979 --> 02:02:04,920
to keep it going and get it done

2511
02:02:06,520 --> 02:02:08,520
Okay

2512
02:02:09,399 --> 02:02:15,359
Seeing no other comp work session at 6 o 5. Thank you