WEBVTT 00:00:00.000 --> 00:00:02.640 Planning and Zoning Commission meeting in regards to the 00:00:02.640 --> 00:00:04.000 tree and landscape ordinance 00:00:04.559 --> 00:00:07.940 this meeting has been duly posted and we do have a 00:00:08.679 --> 00:00:12.710 quorum present and we will call the meeting to order at 4 0 00:00:12.710 --> 00:00:13.519 5 and 00:00:14.000 --> 00:00:16.079 I will turn over to Chandra in for 00:00:16.719 --> 00:00:18.719 presentations 00:00:27.160 --> 00:00:29.559 Good afternoon afternoon 00:00:30.000 --> 00:00:33.170 Figured today we will pick up where we left off here get 00:00:33.170 --> 00:00:35.000 right back into the page turn 00:00:42.880 --> 00:00:44.880 So we stopped 00:00:50.320 --> 00:00:53.759 Okay, so again we're here looking at revisions to the city 00:00:53.759 --> 00:00:57.200 's tree preservation and landscape requirements 00:00:58.079 --> 00:01:01.020 collectively or officially referred to as the tree code 00:01:01.020 --> 00:01:03.000 here in Denton under the 00:01:04.040 --> 00:01:06.200 Denton development requirements 00:01:07.560 --> 00:01:10.939 At our last meeting we went over, you know kind of the on 00:01:10.939 --> 00:01:12.599 overview of of what the 00:01:13.519 --> 00:01:17.409 Changes meant and we left off basically doing a page turn 00:01:17.409 --> 00:01:20.239 of the proposed changes to the ordinance 00:01:21.200 --> 00:01:25.920 So where we stopped at before was on page six of 00:01:26.760 --> 00:01:28.760 the proposed revisions 00:01:30.359 --> 00:01:34.000 At section 4 B 00:01:35.760 --> 00:01:40.019 The section pertaining to credit for preserve tree canopy 00:01:42.400 --> 00:01:45.879 Yes commissioner back thank you chair one quick question 00:01:45.879 --> 00:01:47.280 for you back up today on 00:01:48.040 --> 00:01:49.239 IV 00:01:49.239 --> 00:01:52.250 Says any subsequent redevelopment of property must preserve 00:01:52.250 --> 00:01:55.349 the minimum percentage of square footage of the pre-develop 00:01:55.349 --> 00:01:56.159 ment tree 00:01:56.159 --> 00:01:59.280 Canopy is indicated by the initial tree survey. So they can 00:01:59.280 --> 00:02:02.400 never come in and redevelop. They can never go below the 00:02:02.400 --> 00:02:03.359 initial 00:02:04.079 --> 00:02:07.969 Canopy correct correct on in cases where you know, they may 00:02:07.969 --> 00:02:10.080 not develop all of the site and they have all their trees 00:02:10.080 --> 00:02:10.840 in one area 00:02:10.840 --> 00:02:13.759 That's designed to protect those trees that were initially 00:02:14.759 --> 00:02:18.550 Preserved yes, say it's 15 years later though, and you've 00:02:18.550 --> 00:02:19.360 got some new growth 00:02:19.479 --> 00:02:22.960 So and you've got more than 30% canopy. Does that mean they 00:02:22.960 --> 00:02:23.879 can come in if they need to 00:02:24.599 --> 00:02:28.120 And cut some of those down but say at the 30% overall 00:02:28.520 --> 00:02:31.840 Yes based on the percent overall or and you know more 00:02:31.840 --> 00:02:34.159 specifically the trees that were actually preserved and set 00:02:34.159 --> 00:02:35.719 aside for that first 00:02:35.800 --> 00:02:38.789 You know initial development. Okay. Okay, but overall 00:02:38.789 --> 00:02:40.960 regardless what they got they've got to stay at 30% 00:02:41.479 --> 00:02:44.479 Right, okay. They have to have that that minimum that they 00:02:44.479 --> 00:02:47.039 were that they preserved initially. Great. Thank you 00:02:47.599 --> 00:02:49.400 Well, I'll follow up on that 00:02:49.400 --> 00:02:52.409 How does that work if it's been developed and then it's 00:02:52.409 --> 00:02:55.699 been sold as say for example individual lots and they have 00:02:55.699 --> 00:02:57.080 multiple property owners 00:02:57.639 --> 00:03:02.240 And you get growth and they want to cut down on one tree 00:03:03.039 --> 00:03:07.250 They can't ever if their lot had 30% coverage on it. They 00:03:07.250 --> 00:03:09.840 can't take a tree out then you know on a residential 00:03:09.840 --> 00:03:10.840 development or 00:03:11.439 --> 00:03:14.840 You know in a residential development if this lot a tree 00:03:14.840 --> 00:03:17.909 that's in someone's yard and you know for some some reason 00:03:17.909 --> 00:03:18.360 they want to 00:03:18.520 --> 00:03:21.439 Have that tree removed that that would be permitted. They 00:03:21.439 --> 00:03:22.439 would have to get a permit for that 00:03:22.960 --> 00:03:24.969 Because we recognize that you know for someone to have the 00:03:24.969 --> 00:03:26.520 full enjoyment of their property 00:03:27.240 --> 00:03:30.370 You know, they may want to add, you know a pool or deck or 00:03:30.370 --> 00:03:31.020 you know 00:03:31.020 --> 00:03:34.569 Some other feature to their yard that may necessitate that 00:03:34.569 --> 00:03:35.219 that need 00:03:36.599 --> 00:03:39.560 But if they're for example if their lot had a preserved 00:03:39.560 --> 00:03:41.400 tree on it, that's what the purpose is 00:03:41.919 --> 00:03:45.280 So it has a large post oak on it and it's part of the 30% 00:03:45.919 --> 00:03:48.759 Can they or can they not remove that tree? 00:03:49.199 --> 00:03:52.300 Yeah, because because remember is going back to the the 00:03:52.300 --> 00:03:55.520 overall canopy on the site that that site can't go below 00:03:55.520 --> 00:03:55.800 that 00:03:56.039 --> 00:03:58.879 You know that that canopy that was initially preserved 00:03:58.879 --> 00:04:00.759 dealing with residential areas 00:04:00.759 --> 00:04:03.199 You know, it's a little bit different than dealing with the 00:04:03.199 --> 00:04:06.400 commercial sites. Sure, and then we recognize that 00:04:08.759 --> 00:04:11.479 Okay, I think I know I may want to 00:04:14.280 --> 00:04:17.379 If I may I think I understood the question to be a little 00:04:17.379 --> 00:04:20.129 different and I'm trying to be productive with this 00:04:20.129 --> 00:04:21.379 conversation tonight 00:04:22.439 --> 00:04:25.360 Your question is if we have a lot of record 00:04:26.120 --> 00:04:29.040 That has the 30% canopy coverage on it approved and we have 00:04:29.040 --> 00:04:32.120 an approved tree preservation mitigation plan 00:04:32.560 --> 00:04:36.560 What happens if that property is further subdivided and 00:04:36.560 --> 00:04:37.040 sold? 00:04:39.199 --> 00:04:41.120 No, if it's just 00:04:41.120 --> 00:04:44.579 Somebody comes in and one of those in the tree plan. There 00:04:44.579 --> 00:04:47.199 was one tree that was preserved. It's on that lot 00:04:47.839 --> 00:04:49.839 And then I wanted to take it out 00:04:50.240 --> 00:04:54.660 And can they take it because it's part of the 30% that was 00:04:54.660 --> 00:04:57.879 the overall say it was a 25 acre development 00:04:58.519 --> 00:05:03.000 Now it's a hundred lots their individual lot had one of the 00:05:03.000 --> 00:05:04.800 30% canopy trees 00:05:05.519 --> 00:05:08.769 can they remove that or not because it was identified 00:05:08.769 --> 00:05:10.360 specifically in the 00:05:11.319 --> 00:05:13.689 Preservation plan I get you. So here's my question that I 00:05:13.689 --> 00:05:16.829 think I'm trying to understand so that I can answer your 00:05:16.829 --> 00:05:17.560 question 00:05:18.040 --> 00:05:19.839 We have an overall site 00:05:19.839 --> 00:05:23.660 We approve the 30% on it and then it's a hundred acre site 00:05:23.660 --> 00:05:27.189 that is then subdued subdivided into one acre lots as an 00:05:27.189 --> 00:05:27.879 example 00:05:28.839 --> 00:05:32.240 One of those one acre lots has one of those preserved trees 00:05:32.240 --> 00:05:33.040 on it. I 00:05:33.839 --> 00:05:36.639 want to typically if you have a 00:05:37.639 --> 00:05:39.639 large development of this scale 00:05:40.160 --> 00:05:43.160 You would have it come in as subdivided so that you knew 00:05:43.160 --> 00:05:46.250 what was happening with it or only a portion of it would 00:05:46.250 --> 00:05:46.480 come 00:05:46.480 --> 00:05:50.910 In so you would address it specific to that in my opinion. 00:05:50.910 --> 00:05:53.480 Am I correct? He would so do you see what I'm trying to 00:05:53.480 --> 00:05:54.000 explain? 00:05:56.199 --> 00:05:58.199 So we have a hundred 00:05:58.240 --> 00:06:02.410 We have a hundred square foot hundred acre site. We divided 00:06:02.410 --> 00:06:03.680 into one acre lots 00:06:04.079 --> 00:06:07.089 So typically when someone comes in for a PDM and then they 00:06:07.089 --> 00:06:07.680 submit an application 00:06:08.399 --> 00:06:11.160 Those lots would already be reflected in a preliminary 00:06:11.160 --> 00:06:11.959 stage anyway 00:06:11.959 --> 00:06:14.490 So we would have had the opportunity to understand what 00:06:14.490 --> 00:06:15.720 that canopy coverage is 00:06:16.079 --> 00:06:18.470 Now the bigger question in my mind then is and we need to 00:06:18.470 --> 00:06:20.759 make sure it's in encapsulated in here is 00:06:20.959 --> 00:06:24.920 What happens if let's say it was just a hundred acre site 00:06:25.279 --> 00:06:28.029 It was not subdivided and it was intended for whatever 00:06:28.029 --> 00:06:28.839 development 00:06:28.839 --> 00:06:31.949 But that was the full extent of it and the 30% canopy cover 00:06:31.949 --> 00:06:34.980 was there someone else comes in and decides to redevelop it 00:06:35.000 --> 00:06:39.560 Which impacts the 30% canopy cover then what happens I? 00:06:40.279 --> 00:06:43.680 Think is the bigger question to answer I think that's fair 00:06:44.199 --> 00:06:48.149 Thank you. Yeah looking at that that statement number 00:06:48.149 --> 00:06:49.560 number five there 00:06:50.240 --> 00:06:53.360 It says the notation shall limit any future unauthorized 00:06:53.360 --> 00:06:56.259 land disturbing activities or construction 00:06:56.360 --> 00:06:59.079 That would impact or damage the trees to be preserved 00:06:59.079 --> 00:07:02.620 So the idea there is is you can't come in and you know 00:07:02.620 --> 00:07:06.000 further have new development on that site as 00:07:06.279 --> 00:07:09.220 Far as you know something brand new to the site which would 00:07:09.220 --> 00:07:12.199 go beyond what you would typically find for residential 00:07:13.439 --> 00:07:16.480 You know on a residential situation a residential situation 00:07:16.480 --> 00:07:18.420 . You'll really be looking at you know adding 00:07:19.120 --> 00:07:21.839 Basically an alteration to the property or an amenity to 00:07:21.839 --> 00:07:25.079 the property so that's kind of the difference there 00:07:29.199 --> 00:07:31.589 When we talk about redevelopment that basically triggers a 00:07:31.589 --> 00:07:34.560 new application so the new 00:07:35.439 --> 00:07:37.439 Development would go through the same 00:07:38.319 --> 00:07:41.680 Review as any new development anything that triggers 00:07:42.560 --> 00:07:43.920 our 00:07:43.920 --> 00:07:46.899 expansion applicability table or anything that triggers 00:07:47.720 --> 00:07:50.939 The new application would follow the guidelines that are 00:07:50.939 --> 00:07:54.839 set forth and ordinance so when you talk about 30% 00:07:56.040 --> 00:07:59.600 This is why we actually went to this type of methodology 00:07:59.600 --> 00:08:02.040 because 30% is 30% 00:08:02.079 --> 00:08:06.019 No matter if it's one acre or if it's a hundred acres and 00:08:06.019 --> 00:08:08.120 so it's easier to do to 00:08:08.759 --> 00:08:11.769 Translate and do that calculation regardless of the size of 00:08:11.769 --> 00:08:14.079 the parcel does that make sense? Yeah 00:08:14.079 --> 00:08:17.670 Okay, I understand if it's redeveloped, and I think we in 00:08:17.670 --> 00:08:19.319 the example that when all gave 00:08:19.319 --> 00:08:22.350 I think it kind of went from my question into a development 00:08:22.350 --> 00:08:23.639 type question and I 00:08:24.360 --> 00:08:26.839 Don't want to spend all evening going around in a circle 00:08:27.439 --> 00:08:29.439 So we need to get through this 00:08:29.759 --> 00:08:32.690 So I'm gonna go back to my original question if you had a 00:08:32.690 --> 00:08:34.820 25 acre subdivision 00:08:35.200 --> 00:08:37.990 It's divided into hundred lots kind of along the lines of 00:08:37.990 --> 00:08:38.279 the 00:08:38.879 --> 00:08:42.090 Example you presented to us our work session, and you have 00:08:42.090 --> 00:08:43.639 30% of the trees to be 00:08:44.320 --> 00:08:45.519 preserved 00:08:45.519 --> 00:08:48.879 one of those lots because the idea is to preserve the trees 00:08:48.879 --> 00:08:52.120 has one of those trees on the plan and it's located on that 00:08:52.120 --> 00:08:52.679 lot and 00:08:53.000 --> 00:08:55.600 Somebody comes in and says I want to put a swimming pool 00:08:56.200 --> 00:08:58.200 Or I want to put a backyard 00:08:58.559 --> 00:09:01.570 Addition or attitude car garage and they have to remove 00:09:01.570 --> 00:09:04.399 that tree because it's right in the place where it goes 00:09:04.840 --> 00:09:08.929 It's identified on here that that is a preserved tree. It 00:09:08.929 --> 00:09:09.919 has to stay there 00:09:10.120 --> 00:09:13.840 So what is the mechanism for a homeowner if they want to do 00:09:13.840 --> 00:09:14.399 that? 00:09:14.720 --> 00:09:18.019 And comply with the code to be able to do an addition a 00:09:18.019 --> 00:09:21.429 pool or whatever with a tree that was identified in the 00:09:21.429 --> 00:09:21.980 overall 00:09:22.000 --> 00:09:24.899 Site on the plan on one lot to be able to do that 00:09:25.559 --> 00:09:28.960 That basically would be reviewed with their permit 00:09:28.960 --> 00:09:32.039 application whether it's for a pool or you know 00:09:32.039 --> 00:09:34.389 Whatever application they have in that's when that would be 00:09:34.389 --> 00:09:34.799 reviewed 00:09:35.919 --> 00:09:39.220 But in that particular instance like say this this clause 00:09:39.220 --> 00:09:41.259 really has to do with you know 00:09:41.919 --> 00:09:44.919 Development or further development on the site not really 00:09:45.519 --> 00:09:47.519 alterations to the site 00:09:48.000 --> 00:09:51.190 Well, no, and I'm trying to take it to the very practical 00:09:51.190 --> 00:09:53.240 level of how do you go from a? 00:09:54.240 --> 00:09:56.840 Document obviously you all have spent a tremendous amount 00:09:56.840 --> 00:09:59.039 of time on we got it less than 00:09:59.879 --> 00:10:03.340 Roughly a week ago change lots of other people are just 00:10:03.340 --> 00:10:04.919 getting it trying to say okay 00:10:04.919 --> 00:10:07.850 How do we take this document and put it in the matrix of 00:10:07.850 --> 00:10:10.600 what we deal with on a day by day in the scenarios? 00:10:10.600 --> 00:10:12.600 And how does this affect? 00:10:13.440 --> 00:10:14.600 residents 00:10:14.600 --> 00:10:16.759 In the community to be able to do what they want to do with 00:10:16.759 --> 00:10:19.029 their property people that are in the development or 00:10:19.029 --> 00:10:19.399 building 00:10:19.399 --> 00:10:22.190 Business or whatever how does this work? And so I'm just 00:10:22.190 --> 00:10:23.600 taking that one example 00:10:25.000 --> 00:10:26.519 as to 00:10:26.519 --> 00:10:30.139 From the code the way it reads it states that that tree has 00:10:30.139 --> 00:10:32.360 to be preserved and if you have to take it out 00:10:32.679 --> 00:10:34.200 What's the mechanism to do that? 00:10:34.200 --> 00:10:37.299 I have a lot of other questions that are probably much 00:10:37.299 --> 00:10:39.399 bigger questions in this detail 00:10:39.399 --> 00:10:42.279 But we kind of started there and so I was curious while we 00:10:42.279 --> 00:10:45.639 're talking about it how it actually would work in that one 00:10:45.639 --> 00:10:45.840 situation 00:10:46.320 --> 00:10:48.320 So can you take the tree out or not? 00:10:48.759 --> 00:10:51.039 Yeah, it would be reviewed with their with their 00:10:51.039 --> 00:10:53.200 application for whatever they're they're doing 00:10:53.200 --> 00:10:57.159 They wouldn't be held to that for a single family lot 00:10:58.200 --> 00:11:01.639 However, if it was a commercial property sure you know this 00:11:01.639 --> 00:11:03.159 you know different situation 00:11:03.480 --> 00:11:06.240 You know that they would be held to that because that was 00:11:06.240 --> 00:11:08.279 preserved for that development 00:11:09.399 --> 00:11:13.320 You know again, you know that 30% for that residential is 00:11:13.320 --> 00:11:15.279 spread out across the site 00:11:16.120 --> 00:11:19.210 So it's not looking at each individual. You know lot in 00:11:19.210 --> 00:11:20.120 that in that area 00:11:21.039 --> 00:11:24.720 but this statement doesn't you know preclude them from 00:11:25.279 --> 00:11:26.559 the 00:11:26.559 --> 00:11:29.590 Ability to remove that tree or have approval to remove that 00:11:29.590 --> 00:11:32.240 tree. It just says that it limits 00:11:33.080 --> 00:11:36.240 You know future unauthorized land disturbing activities and 00:11:36.240 --> 00:11:38.480 construction by them coming through the development process 00:11:38.960 --> 00:11:41.559 That's where they you know get their authorization 00:11:44.759 --> 00:11:46.950 In the way we want to address it when we do the full 00:11:46.950 --> 00:11:49.480 rewrite is to include 00:11:51.200 --> 00:11:54.480 Open space requirements for residential developments so 00:11:54.480 --> 00:11:54.919 that 00:11:55.960 --> 00:11:58.940 The issue that you have with the site with the full 00:11:58.940 --> 00:12:01.799 development going into non-compliance would be moved 00:12:01.799 --> 00:12:03.159 because they would have 00:12:03.840 --> 00:12:04.960 trees 00:12:04.960 --> 00:12:08.679 Preserved in trails and other open space areas in the 00:12:08.679 --> 00:12:09.679 development 00:12:09.840 --> 00:12:12.720 So we wouldn't necessarily have to depend on whether the 00:12:12.720 --> 00:12:14.679 homeowner wants to keep the tree or not 00:12:14.679 --> 00:12:18.120 We'd have them in different areas. So we are thinking about 00:12:18.120 --> 00:12:20.879 that. It's not reflected in this particular tree code 00:12:20.879 --> 00:12:23.120 But as we do the as we look at 00:12:23.919 --> 00:12:26.200 the full DDC rewrite and the full 00:12:26.840 --> 00:12:29.309 Development standards that complement that we will capture 00:12:29.309 --> 00:12:29.440 it 00:12:30.840 --> 00:12:33.230 Well, I want to recognize Commissioner Sullivan and I'm 00:12:33.230 --> 00:12:35.649 gonna come back to that cuz that's one of the comments that 00:12:35.649 --> 00:12:36.320 I've received 00:12:36.840 --> 00:12:40.210 from people is we're doing a piece of this and there are 00:12:40.210 --> 00:12:43.879 several other pieces that this plays into and they're very 00:12:44.159 --> 00:12:45.480 uncomfortable about 00:12:45.480 --> 00:12:49.029 modifying one part without having a clear understanding of 00:12:49.029 --> 00:12:49.639 how all 00:12:50.519 --> 00:12:53.480 Three or four of these items work together so that you can 00:12:53.480 --> 00:12:54.600 lay it out and go 00:12:54.600 --> 00:12:58.750 I see how this works versus when you read this you go. I 00:12:58.750 --> 00:13:00.480 don't see how this works practically 00:13:00.919 --> 00:13:03.799 But there may be other areas with I'll have to get some of 00:13:03.799 --> 00:13:05.440 my other notes and things 00:13:05.440 --> 00:13:08.659 I present some of the site design criteria manuals and 00:13:08.659 --> 00:13:11.940 checklists and things that go into these deals to see 00:13:12.720 --> 00:13:16.019 How overall it works versus we're looking at one piece and 00:13:16.019 --> 00:13:19.279 it doesn't work with some of the other pieces 00:13:19.279 --> 00:13:21.600 And how is it gonna make sense? So 00:13:22.320 --> 00:13:24.320 Commissioner Sullivan's thank you for your patience 00:13:24.840 --> 00:13:26.840 Thank you 00:13:27.600 --> 00:13:31.029 I'm confused because I don't see anywhere in here that this 00:13:31.029 --> 00:13:31.460 limits 00:13:32.240 --> 00:13:34.240 the term developer 00:13:34.919 --> 00:13:38.639 The term developer says a person who owns property now we 00:13:38.639 --> 00:13:38.799 all 00:13:39.399 --> 00:13:42.690 Assumed I assumed anyway that that meant those money grub 00:13:42.690 --> 00:13:43.480 and hungry 00:13:44.080 --> 00:13:46.840 Developer a present company excluded of course, of course 00:13:47.840 --> 00:13:49.840 Of course, you know, we're talking about 00:13:50.600 --> 00:13:54.639 Developers, however, it says a person who owns property 00:13:55.200 --> 00:13:58.320 And then I go through and I'm sure we'll get to number six 00:13:59.200 --> 00:14:01.200 a tree 00:14:01.240 --> 00:14:04.879 Permit removal permit is required for trees less than 00:14:05.440 --> 00:14:08.480 Or back up any person must obtain a tree removal permit 00:14:08.480 --> 00:14:12.000 from the city prior to removal of any tree in the city 00:14:12.840 --> 00:14:14.559 I'm a person 00:14:14.559 --> 00:14:17.240 I've got four trees on my lot about a year old 00:14:17.759 --> 00:14:21.330 The diameter is about the size of this charger, which is 00:14:21.330 --> 00:14:22.879 less than six inches 00:14:23.639 --> 00:14:29.299 And less than five inches DBH has to get an approval or it 00:14:29.299 --> 00:14:31.440 does not need a less than five 00:14:31.840 --> 00:14:34.879 This is more than five all four of mine are more than five 00:14:34.879 --> 00:14:35.600 inches. I 00:14:36.159 --> 00:14:39.080 Have to complete an application with the applicable 00:14:39.080 --> 00:14:40.600 applicable fees 00:14:41.240 --> 00:14:43.000 submit a plan 00:14:43.000 --> 00:14:47.799 Must be prepared by an ISA certified arborist. I have to 00:14:47.799 --> 00:14:50.039 post a tree protection signage. I 00:14:51.159 --> 00:14:55.240 Would then if I don't do all those things if I move one of 00:14:55.240 --> 00:14:56.600 those four trees 00:14:57.399 --> 00:14:59.820 Then a tree without the complying requirements 00:15:00.559 --> 00:15:03.289 Of this subsection or owns part of all the land. This 00:15:03.289 --> 00:15:07.000 person will be guilty upon conviction of a misdemeanor 00:15:08.440 --> 00:15:10.440 In charged 00:15:10.720 --> 00:15:13.799 $500 a day until that tree gets looked back where it's 00:15:13.799 --> 00:15:14.679 supposed to be 00:15:15.759 --> 00:15:17.240 now I 00:15:17.240 --> 00:15:19.240 Don't see anywhere in here that it says 00:15:20.320 --> 00:15:23.200 Individual homeowners are exempted from this policy 00:15:23.759 --> 00:15:26.330 Is that something that we want to add as a recommendation 00:15:26.330 --> 00:15:28.279 as the ordinance goes forward? 00:15:28.919 --> 00:15:32.799 well, I thought that's what we talked about last week and 00:15:33.879 --> 00:15:39.399 developers still means a person not a company or a hundred 00:15:39.399 --> 00:15:40.240 acre minimum or 00:15:41.559 --> 00:15:45.590 Or individual lots are exempted. Okay talks about how the 00:15:45.590 --> 00:15:48.840 city is exempted and all the DMV they're all exempted 00:15:48.840 --> 00:15:51.559 Well, this is what I'll do. I'll start keep I'll keep a t 00:15:51.559 --> 00:15:54.120 ally of the recommendations that you guys want to carry 00:15:54.120 --> 00:15:55.200 forward to the City Council 00:15:55.200 --> 00:15:57.759 And then we'll make sure that that 00:15:58.320 --> 00:16:01.200 Gets attached to the document that goes forward 00:16:01.200 --> 00:16:04.659 I just want to make sure that when my wife says I want to 00:16:04.659 --> 00:16:07.289 move this tree because it interferes with my view or 00:16:07.289 --> 00:16:07.720 something 00:16:07.720 --> 00:16:10.690 I don't want to have to go get an arborist to tell me I can 00:16:10.690 --> 00:16:11.799 move the dang tree 00:16:11.799 --> 00:16:12.200 Okay 00:16:12.200 --> 00:16:15.950 so the if I can restate it we would like to exempt the 00:16:15.950 --> 00:16:18.279 single-family property owner from a 00:16:18.600 --> 00:16:20.159 any-size-lot 00:16:20.159 --> 00:16:22.159 Okay from 00:16:22.440 --> 00:16:25.399 This whole thing from the tree ordinance. Yes, okay 00:16:26.000 --> 00:16:28.639 Because I don't see the problem with individual homeowners 00:16:28.639 --> 00:16:32.779 going out and harvesting a bunch of trees for firewood 00:16:34.600 --> 00:16:36.720 They take it down for a pool 00:16:37.399 --> 00:16:40.419 But it's their property their tree 00:16:40.960 --> 00:16:42.960 Let them do what they want to do with it 00:16:43.240 --> 00:16:45.120 Okay 00:16:45.120 --> 00:16:48.409 So we have that as a recommendation correct. So why don't 00:16:48.409 --> 00:16:49.039 we do that? 00:16:49.039 --> 00:16:52.309 Why don't we amass as many comments as we can today and if 00:16:52.309 --> 00:16:54.139 we need to meet again, we can do that, too 00:16:54.440 --> 00:16:59.259 Let's identify that the goal is not to compromise anybody's 00:16:59.259 --> 00:16:59.700 ability 00:17:01.799 --> 00:17:05.119 The goal is not to compromise anybody's ability to 00:17:06.000 --> 00:17:08.359 To use their home to use their land 00:17:09.680 --> 00:17:12.930 The intent of this ordinance is not to make things 00:17:12.930 --> 00:17:16.160 difficult if you compare the current ordinance 00:17:16.440 --> 00:17:18.700 Versus what we're proposing I can guarantee you in 00:17:18.700 --> 00:17:21.539 comparison to other communities to that. This is a model 00:17:21.539 --> 00:17:22.019 ordinance 00:17:22.880 --> 00:17:26.140 But we need to understand our a couple of things one is 00:17:26.519 --> 00:17:31.329 Staff is not trying to force this ordinance through the PNC 00:17:31.329 --> 00:17:31.759 number one 00:17:32.119 --> 00:17:34.299 We look to the PNC as a recommending body 00:17:34.299 --> 00:17:37.289 That's what you're here for and we do take notice of what 00:17:37.289 --> 00:17:38.200 is it what it is 00:17:38.200 --> 00:17:40.519 You're telling us in the instances where we might not agree 00:17:41.000 --> 00:17:43.980 We would try and explain why it is we don't agree and that 00:17:43.980 --> 00:17:46.450 's where your condition or recommendation would come in that 00:17:46.450 --> 00:17:47.599 is in in in 00:17:47.960 --> 00:17:52.440 That is different from that of staffs. So when we I 00:17:53.319 --> 00:17:57.119 Really want to emphasize that this truly is a collaborative 00:17:57.119 --> 00:18:00.720 effort and we are unable to and cannot 00:18:01.000 --> 00:18:03.519 That our mission is not to make one 00:18:04.079 --> 00:18:08.279 Element of the community happy the goal is to see how this 00:18:08.279 --> 00:18:12.160 ordinance works how it plays out and what its impact is on 00:18:12.519 --> 00:18:14.799 current and future development on 00:18:15.480 --> 00:18:19.269 Existing development on existing parcels. So we are not 00:18:19.269 --> 00:18:20.000 here to 00:18:20.640 --> 00:18:24.359 Deliberately make things or lives difficult for anybody 00:18:25.039 --> 00:18:28.759 We are here to ensure that at the end of the day after we 00:18:28.759 --> 00:18:31.319 have realized what our canopy coverage is 00:18:31.599 --> 00:18:35.589 What we need to do to maintain and enhance to some degree 00:18:35.589 --> 00:18:37.259 that canopy coverage 00:18:37.920 --> 00:18:39.950 Our goal is to make sure that we have sustainable 00:18:39.950 --> 00:18:43.460 communities that we have legacies within the city of Denton 00:18:43.920 --> 00:18:47.130 Many a time we have heard. Well, it's just Denton. So who 00:18:47.130 --> 00:18:47.579 cares 00:18:48.279 --> 00:18:50.279 from development community members 00:18:50.680 --> 00:18:54.119 Then we have the community that says this is not enough 00:18:54.119 --> 00:18:58.079 You must do more and so watch our task is to make sure that 00:18:58.079 --> 00:18:59.160 what we can do 00:18:59.279 --> 00:19:01.559 Actually brings us in the middle of the road where it works 00:19:01.559 --> 00:19:05.240 for everybody in some instances or some sections of it will 00:19:05.240 --> 00:19:06.240 and in some sections 00:19:06.240 --> 00:19:07.440 It will not 00:19:07.440 --> 00:19:12.250 But we as staff it is our ethical obligation to give to the 00:19:12.250 --> 00:19:15.390 PNZ and ultimately the City Council what we think is best 00:19:15.390 --> 00:19:16.119 from a 00:19:16.759 --> 00:19:19.500 subject matter expertise from a discipline expertise 00:19:21.039 --> 00:19:23.039 Arena so I do 00:19:23.519 --> 00:19:26.549 Want to emphasize that we are working very diligently on 00:19:26.549 --> 00:19:29.039 this one of the things that you mentioned Jim is 00:19:29.279 --> 00:19:31.799 Well, this is in absence of so many other elements 00:19:31.799 --> 00:19:33.440 associated with this ordinance 00:19:33.440 --> 00:19:36.029 So let me back up and give you some preface to that the 00:19:36.029 --> 00:19:38.640 goal was to come in cumulatively 00:19:39.279 --> 00:19:41.869 Comprehensively with the entire ordinance. We wanted to 00:19:41.869 --> 00:19:44.509 tackle the tree code element and the landscaping 00:19:44.509 --> 00:19:45.880 requirements together 00:19:46.960 --> 00:19:49.740 However, as we started moving forward 00:19:49.740 --> 00:19:51.839 We knew that there were some components of it where we 00:19:51.839 --> 00:19:55.119 needed to make sure that we were in line with our internal 00:19:55.400 --> 00:19:57.990 stakeholders as well so that conversation is still 00:19:57.990 --> 00:20:01.019 continuing and that's why we broke this apart and we broke 00:20:01.019 --> 00:20:02.920 it apart for two reasons one is 00:20:03.279 --> 00:20:05.569 Council had given us a directive to go ahead and proceed 00:20:05.569 --> 00:20:08.690 with the tree code amendment and that was merely because at 00:20:08.690 --> 00:20:10.000 one point I believe in 00:20:10.319 --> 00:20:12.319 2014 15 00:20:12.319 --> 00:20:14.319 Council said what are we doing with our tree fund? 00:20:15.119 --> 00:20:17.990 And as we started looking into that we actually came up 00:20:17.990 --> 00:20:20.859 with criteria on how to use that tree fund 00:20:20.859 --> 00:20:23.099 Where should the trees go? Why should they go where they're 00:20:23.099 --> 00:20:24.640 going? What are the criteria? 00:20:24.640 --> 00:20:27.009 What are the parameters associated with that? And then they 00:20:27.009 --> 00:20:29.460 said but wait a minute. We think this ordinance is too 00:20:29.460 --> 00:20:30.119 complicated 00:20:30.559 --> 00:20:32.990 Let's work on it and let's fix this aspect of this 00:20:32.990 --> 00:20:35.549 component of the ordinance and we said we would love to do 00:20:35.549 --> 00:20:35.799 that 00:20:36.079 --> 00:20:38.670 However, we also have the landscaping screening and landsca 00:20:38.670 --> 00:20:39.420 ping as I call it 00:20:39.420 --> 00:20:41.890 We need to bring it together which goes back to Shandrian's 00:20:41.890 --> 00:20:44.920 point. We're looking at this in isolation. So 00:20:45.519 --> 00:20:47.519 Our view is not myopic 00:20:47.799 --> 00:20:50.890 Unfortunately, what happens is when you're looking at this 00:20:50.890 --> 00:20:53.920 this ordinance independently of everything else your view 00:20:53.920 --> 00:20:55.740 does become myopic and we're trying to 00:20:56.720 --> 00:21:00.099 Ensure that that does not happen because we do have other 00:21:00.099 --> 00:21:03.539 elements that will be occurring in step and in line with 00:21:03.539 --> 00:21:04.380 this ordinance 00:21:04.599 --> 00:21:06.960 We also have engaged the clarion 00:21:07.599 --> 00:21:10.140 Initiative as I call it which would look at the Denton 00:21:10.140 --> 00:21:12.700 Development Code in in a comprehensive manner as well 00:21:13.039 --> 00:21:16.240 so if we do have challenges with this ordinance, I 00:21:17.160 --> 00:21:20.049 Personally request that we if there any questions or any 00:21:20.049 --> 00:21:22.759 issues, let's write them down send us emails 00:21:23.099 --> 00:21:26.000 We'll look at it whatever changes from a legal perspective 00:21:26.000 --> 00:21:28.819 from a planning perspective from a land use perspective 00:21:28.819 --> 00:21:32.269 We will insert those where we have some hesitation to do we 00:21:32.269 --> 00:21:35.200 would like to come and discuss those with you. So 00:21:36.960 --> 00:21:38.960 We've been working on this for two years now 00:21:39.880 --> 00:21:42.599 Prior to this there was a big charge to work on the tree 00:21:42.599 --> 00:21:44.079 code in the past now if 00:21:44.880 --> 00:21:48.279 Again, we need to understand from your side or your arena 00:21:48.279 --> 00:21:51.349 Do you really want an ordinance as well so that we can 00:21:51.349 --> 00:21:54.680 understand where we need to go? We this this 00:21:55.200 --> 00:21:58.200 This was created as a result of a City Council initiative 00:21:59.359 --> 00:22:01.849 we did want to tackle it, but we wanted to tackle it 00:22:01.849 --> 00:22:03.559 comprehensively and 00:22:04.279 --> 00:22:08.000 We will but we felt breaking it up might be a little easier 00:22:08.000 --> 00:22:08.779 to digest 00:22:09.960 --> 00:22:13.180 Yet it's caused us some minor complications associated with 00:22:13.180 --> 00:22:17.400 it. So please do rest assured that our mission is not to 00:22:18.759 --> 00:22:21.839 Push something through it's not to 00:22:22.599 --> 00:22:26.039 Not provide the accurate information or make it convoluted 00:22:26.039 --> 00:22:28.039 We would hate for it to be convoluted because we're the 00:22:28.039 --> 00:22:29.740 ones who have to implement it and enforce it 00:22:29.900 --> 00:22:32.819 So bear with us and we will work together 00:22:33.339 --> 00:22:36.509 Like we've always worked together and try and get there 00:22:36.509 --> 00:22:38.519 together with some I believe 00:22:39.640 --> 00:22:42.470 Conditions attached to it. So as it relates to the 00:22:42.470 --> 00:22:43.480 ordinance, so 00:22:44.240 --> 00:22:46.440 You know, we'll write everything down 00:22:46.440 --> 00:22:48.920 We'll take in all comment and we'll take it to the next 00:22:48.920 --> 00:22:52.119 step which might be meeting again next week or what have 00:22:52.119 --> 00:22:52.279 you? 00:22:52.440 --> 00:22:56.160 Okay. Well, I would agree with that and I'll concur I don't 00:22:56.160 --> 00:22:58.400 and I'm gonna recognize it just second 00:22:58.799 --> 00:23:04.019 I think it's obviously for the people that are here. I know 00:23:04.019 --> 00:23:05.920 my email and phone have 00:23:06.480 --> 00:23:11.319 Been well used in the week since this came before us 00:23:11.319 --> 00:23:13.500 There are people that are interested in it 00:23:13.500 --> 00:23:16.240 And I think because they're here because of the feedback 00:23:16.240 --> 00:23:17.880 that I mean they would like to get something 00:23:18.359 --> 00:23:21.890 Resolved and I think the concern is from what I can gather 00:23:21.890 --> 00:23:24.720 from the folks that have contacted me is 00:23:26.839 --> 00:23:29.660 We'll make sure the input that they're bringing is taken 00:23:29.660 --> 00:23:32.359 not only just heard but 00:23:33.200 --> 00:23:36.509 Possibly if so implemented in here what their concerns are 00:23:36.509 --> 00:23:37.000 versus 00:23:37.440 --> 00:23:39.900 Kind of I guess the commission see we made some comments 00:23:39.900 --> 00:23:42.839 the other night. It's still the same place 00:23:42.839 --> 00:23:46.670 And I know I had a copy of the ordinance last fall. I made 00:23:46.670 --> 00:23:48.079 some comments on it 00:23:49.000 --> 00:23:51.000 I'm not gonna say that 00:23:51.680 --> 00:23:53.519 And expect everything that went in there 00:23:53.519 --> 00:23:55.619 I don't know how many of the things that I marked in there 00:23:55.619 --> 00:23:57.720 actually went in and actually some of them that concerned 00:23:57.720 --> 00:23:58.059 about 00:23:58.480 --> 00:24:01.500 Went the other way. So the mitigation rates that I thought 00:24:01.500 --> 00:24:01.960 were high 00:24:02.480 --> 00:24:04.839 They're not actually higher than where they were when I 00:24:04.839 --> 00:24:06.319 first saw the ordinance 00:24:06.759 --> 00:24:10.349 So to me, I'm concerned a little bit about the direction 00:24:10.349 --> 00:24:13.140 that we're going when we ask people to take their time 00:24:13.680 --> 00:24:15.680 And give feedback and input 00:24:17.279 --> 00:24:20.480 That it doesn't show up in here and currently 00:24:21.119 --> 00:24:24.200 It's scheduled for us for next week and for a vote and I 00:24:24.200 --> 00:24:26.319 think a lot of people are very concerned 00:24:26.599 --> 00:24:28.680 Or at least that's what I'm hearing is 00:24:29.599 --> 00:24:33.079 It got tabled indefinitely about I think about six months 00:24:33.079 --> 00:24:33.880 ago, right? 00:24:33.880 --> 00:24:37.799 And now it's here and we're trying to move it forward 00:24:37.799 --> 00:24:41.079 It seemed like in a fairly quick pace and yet there hasn't 00:24:41.079 --> 00:24:44.279 been some of the feedback that I think has been given 00:24:45.380 --> 00:24:47.640 Incorporated in the ordinance and I think that's where the 00:24:47.640 --> 00:24:50.259 the disconnect from my point of view is 00:24:50.640 --> 00:24:53.230 When we ask for feedback and we give it it doesn't go in 00:24:53.230 --> 00:24:54.960 here people I think feel like 00:24:55.880 --> 00:24:59.170 Their view is not then taken seriously or we're not going 00:24:59.170 --> 00:25:00.720 to pay any attention to it 00:25:00.720 --> 00:25:03.150 We're going to move it forward the way that it is. So I 00:25:03.150 --> 00:25:04.839 would respond to your comment 00:25:04.839 --> 00:25:06.839 I think that's why 00:25:07.039 --> 00:25:09.880 Some of the stakeholders to your point that may be in the 00:25:09.880 --> 00:25:12.920 development property owner sign are having a little more 00:25:12.920 --> 00:25:13.839 issue with this 00:25:14.039 --> 00:25:16.240 It's because they're the ones that are going to have the 00:25:16.240 --> 00:25:19.460 greatest impact financially and on their investments and 00:25:19.460 --> 00:25:20.279 their projects 00:25:20.559 --> 00:25:23.069 With how this is going. I know there are other stakeholders 00:25:23.069 --> 00:25:25.240 that would like to see a lot of trees 00:25:25.759 --> 00:25:27.000 preserve 00:25:27.000 --> 00:25:29.650 I don't have a problem with that and I don't think there's 00:25:29.650 --> 00:25:31.960 a lot of developers that don't have a problem with 00:25:32.480 --> 00:25:35.390 Saving some trees. I think it's when they're the person 00:25:35.390 --> 00:25:38.039 that has to bear all of that responsibility 00:25:39.200 --> 00:25:41.200 For the public good 00:25:41.480 --> 00:25:44.200 That's where I think there's a disconnect with some of our 00:25:44.200 --> 00:25:47.589 stakeholders and why we're getting quite so much pushback 00:25:47.589 --> 00:25:48.160 on this 00:25:48.440 --> 00:25:52.069 So I don't know if you will respond to that or if you want 00:25:52.069 --> 00:25:53.440 to get Commissioner 00:25:53.440 --> 00:25:56.269 So I might be able to feel both. Let me ask Commissioner 00:25:56.269 --> 00:25:58.640 Sullivan. I recognize you. Please make your comments. We'll 00:25:59.240 --> 00:26:01.240 Continue the dialogue. Okay. Thank you 00:26:01.400 --> 00:26:05.289 Would it be I mean my humble suggestion would be simply to 00:26:05.289 --> 00:26:07.200 identify a homeowner 00:26:08.440 --> 00:26:10.900 Developers one definition homeowner is a different 00:26:10.900 --> 00:26:11.279 definition 00:26:11.839 --> 00:26:15.559 So that we don't have a homeowner being held to the same 00:26:15.559 --> 00:26:17.559 standards as a developer 00:26:17.559 --> 00:26:21.160 I think that would clear up a lot of men this time 00:26:21.519 --> 00:26:23.460 And perhaps having the opportunity where you say new 00:26:23.460 --> 00:26:26.359 development and redevelopment on what the criteria are 00:26:26.359 --> 00:26:28.880 there if we can keep it succinct and simple 00:26:28.880 --> 00:26:30.880 Why not? Let's look at that Avenue as well 00:26:33.279 --> 00:26:35.279 Going back to the concern 00:26:35.640 --> 00:26:37.640 Jim that you've mentioned and 00:26:38.000 --> 00:26:40.619 Commissioner Sullivan, I agree with you. We will clean that 00:26:40.619 --> 00:26:43.180 up. Yes, and it might not have been reflected right now 00:26:43.180 --> 00:26:45.349 But we will clean that up and we will meet again and we 00:26:45.349 --> 00:26:47.710 will do a page turn or we will sit and talk and discuss 00:26:47.710 --> 00:26:47.920 this 00:26:48.559 --> 00:26:50.160 thoroughly 00:26:50.160 --> 00:26:53.519 but as it relates to what we have heard from 00:26:54.160 --> 00:26:56.160 members of the development community 00:26:56.160 --> 00:26:59.500 To you know saying that this really it's we just shouldn't 00:26:59.500 --> 00:27:01.839 have to do or we shouldn't have to comply 00:27:03.200 --> 00:27:05.200 Again, that's one end of it 00:27:05.200 --> 00:27:07.359 But what we're trying to do and what we've heard from a lot 00:27:07.359 --> 00:27:09.369 of our development community that we've had an opportunity 00:27:09.369 --> 00:27:10.240 to meet with 00:27:10.519 --> 00:27:13.440 Is work with us they we've worked together really really 00:27:13.440 --> 00:27:13.599 well 00:27:13.599 --> 00:27:16.009 We might not agree on everything which was the first thing 00:27:16.009 --> 00:27:18.559 we discussed, but we will agree on something so 00:27:19.279 --> 00:27:22.359 That being said I think if I'm not mistaken and if we need 00:27:22.359 --> 00:27:24.559 a refresher course, we will do that 00:27:25.279 --> 00:27:26.640 I 00:27:26.640 --> 00:27:27.799 just 00:27:27.799 --> 00:27:29.920 from a perspective of moving forward 00:27:31.359 --> 00:27:33.759 one of the stigmas that we have 00:27:35.240 --> 00:27:38.309 Born I guess is the best word to use is we never move 00:27:38.309 --> 00:27:39.599 forward with anything 00:27:39.599 --> 00:27:43.210 So with your guidance and with your input I would like for 00:27:43.210 --> 00:27:44.160 us to move forward 00:27:44.160 --> 00:27:46.670 I just doesn't mean next Wednesday is when the public 00:27:46.670 --> 00:27:47.940 hearing is going to occur 00:27:48.079 --> 00:27:50.980 But we would if we can amass everybody's comments the 00:27:50.980 --> 00:27:52.799 planning and zoning Commission's comments this week 00:27:52.799 --> 00:27:54.990 And we can look at those and see where they need to go we 00:27:54.990 --> 00:27:56.299 can sit with our legal team 00:27:56.799 --> 00:27:59.210 Envision what needs to happen and from there come back to 00:27:59.210 --> 00:28:00.099 you and discuss 00:28:00.799 --> 00:28:05.759 Why and why not sure let me give you one direct example. I 00:28:05.759 --> 00:28:07.319 pulled the current 00:28:08.240 --> 00:28:10.670 Development code the mitigation and just for some of my 00:28:10.670 --> 00:28:12.119 fellow commissioners 00:28:12.799 --> 00:28:16.500 Currently we are one to a half one to one 00:28:18.160 --> 00:28:20.980 Then it goes to one to one and a half and one to two and 00:28:20.980 --> 00:28:24.160 what currently I believe right now 00:28:24.160 --> 00:28:26.539 At least according to this chart of my understanding the 00:28:26.539 --> 00:28:27.640 greatest is one to two on 00:28:28.839 --> 00:28:30.839 mitigation rates 00:28:31.359 --> 00:28:34.940 Go ahead and and so we're now the original ordinance that 00:28:34.940 --> 00:28:38.039 came out in the fall was one to four. Yes 00:28:39.119 --> 00:28:41.299 And I'll be totally I marked it when I had an opportunity 00:28:41.299 --> 00:28:44.759 to review it and made it back to because it was the highest 00:28:45.200 --> 00:28:45.200 Mitigation that we currently have and I thought you know 00:28:45.200 --> 00:28:47.359 what? 00:28:47.960 --> 00:28:50.680 Just from my point of view there's a lot of other people to 00:28:50.680 --> 00:28:51.160 give a point 00:28:51.160 --> 00:28:54.369 I think that's probably pushing it but you know what we 00:28:54.369 --> 00:28:57.279 currently have it at one to two at the very highest rate 00:28:57.279 --> 00:29:00.710 Uh-huh, and it came back now. It's one to six. So I look 00:29:00.710 --> 00:29:01.660 here and go well 00:29:02.599 --> 00:29:06.400 Why do we go from these smaller rates the very highest one? 00:29:06.400 --> 00:29:07.279 We've already gone up 00:29:07.279 --> 00:29:10.289 we've tried to move it kind of back to what it is and it 00:29:10.289 --> 00:29:13.240 goes the other direction to one to six and I 00:29:13.759 --> 00:29:16.579 Guess everybody thinks that the condelment community and 00:29:16.579 --> 00:29:19.000 property owners. Okay. Well, that's okay 00:29:19.000 --> 00:29:21.720 I don't have an issue when we're going and making such a 00:29:21.720 --> 00:29:24.559 huge change from what they are now 00:29:25.000 --> 00:29:29.970 To one to six. So somebody may want to make a comment about 00:29:29.970 --> 00:29:32.319 that and we have an answer to that which perhaps 00:29:32.319 --> 00:29:34.799 Okay, I think we didn't iterate during the meeting. So I'm 00:29:34.799 --> 00:29:35.660 gonna turn it over to hey 00:29:37.160 --> 00:29:41.200 Me too. Okay on that one to six ratio. We got to keep in 00:29:41.200 --> 00:29:43.279 mind. We're we're moving from mitigating 00:29:43.799 --> 00:29:46.789 By diameter inch to mitigating by square foot of canopy. 00:29:46.789 --> 00:29:50.420 That's a big difference. Those two things are not apples to 00:29:50.420 --> 00:29:51.359 apples at all 00:29:51.920 --> 00:29:53.920 I did do a 00:29:55.279 --> 00:29:56.680 Comparison 00:29:56.680 --> 00:29:59.440 basically on every tree from I think I started with an 00:29:59.440 --> 00:30:01.440 eight inch size tree all the way up to 00:30:01.680 --> 00:30:03.680 Maybe it was up to like a 28 00:30:04.640 --> 00:30:07.660 inch tree comparing what the mitigation would be under the 00:30:07.660 --> 00:30:10.680 existing code and what we're proposing and 00:30:11.160 --> 00:30:12.720 and 00:30:12.720 --> 00:30:16.839 Most of the cases what we're proposing is less than what's 00:30:16.839 --> 00:30:17.480 existing 00:30:17.480 --> 00:30:20.269 I didn't have that in the backup because it's on a big 00:30:20.269 --> 00:30:23.920 spreadsheet and you know, it's it's not an easy read at all 00:30:25.359 --> 00:30:27.839 Just to be you know, just frank with you 00:30:29.279 --> 00:30:32.910 The other big difference in the existing code and what we 00:30:32.910 --> 00:30:35.039 're proposing even at that one to six 00:30:35.960 --> 00:30:38.920 Is that those trees that you're that you're planting for 00:30:38.920 --> 00:30:39.799 mitigation? 00:30:40.359 --> 00:30:44.119 Are also trees that you are required to plant, you know 00:30:44.119 --> 00:30:45.680 your mitigation trees can count 00:30:46.240 --> 00:30:49.490 Towards your landscape trees your buffer trees your street 00:30:49.490 --> 00:30:51.400 trees your parking lot trees 00:30:51.839 --> 00:30:56.000 That is a huge difference over where we were at, you know 00:30:56.000 --> 00:30:59.569 In fact after you know, I got and more into the comparison, 00:30:59.569 --> 00:31:00.200 you know 00:31:00.799 --> 00:31:03.440 Honestly, I could have justified a one to eight or one to 00:31:03.440 --> 00:31:06.640 ten without it being higher than where we're at right now 00:31:07.359 --> 00:31:12.170 In that last example that I had before us you saw 00:31:12.170 --> 00:31:13.279 mitigation through 00:31:13.880 --> 00:31:17.599 replanting on that site was around eight hundred and nine 00:31:17.599 --> 00:31:17.839 trees 00:31:18.640 --> 00:31:22.170 Under the under what we're proposing it was two hundred and 00:31:22.170 --> 00:31:23.720 thirty four trees if I'm not mistaken 00:31:24.400 --> 00:31:28.039 That's a huge difference. So don't let you know that six is 00:31:28.039 --> 00:31:31.130 that one to six is bigger than where it was before so, you 00:31:31.130 --> 00:31:31.359 know 00:31:32.480 --> 00:31:34.480 Diameter inch does not translate to 00:31:35.000 --> 00:31:38.720 To canopy at all, you know, you can have a 30 inch tree 00:31:38.720 --> 00:31:41.440 that has a smaller canopy than a 20 inch tree 00:31:41.759 --> 00:31:44.480 It all depends on where that tree is that is in slice 00:31:44.480 --> 00:31:47.160 stages. It's not it's not a constant as 00:31:47.880 --> 00:31:52.099 Canopy is so that's why I feel very confident with the one 00:31:52.099 --> 00:31:55.440 to six ratio, especially since we are giving credit 00:31:56.319 --> 00:31:57.839 for 00:31:57.839 --> 00:32:00.309 For you know require landscape trees and mitigation trees. 00:32:00.309 --> 00:32:01.880 You're basically counting them twice 00:32:03.960 --> 00:32:05.440 Okay 00:32:05.440 --> 00:32:07.319 Commissioner Ellis 00:32:07.319 --> 00:32:10.440 Thank you chair. Um, I guess going back to what when all 00:32:10.440 --> 00:32:11.359 was was stating 00:32:12.759 --> 00:32:15.619 What is the best way for us to to make this productive and 00:32:15.619 --> 00:32:20.259 move forward because I think we're going in circles again 00:32:20.259 --> 00:32:24.559 we're not getting any anywhere with this draft and and I 00:32:25.799 --> 00:32:29.519 Don't know what the best way is for us to collectively 00:32:29.519 --> 00:32:30.559 offer our opinions 00:32:30.559 --> 00:32:33.569 I mean I have an opinion which would be to go back to page 00:32:33.569 --> 00:32:36.799 one of the draft ordinance and not move beyond it until 00:32:36.799 --> 00:32:39.039 Everybody here gives their opinion you write it down 00:32:39.039 --> 00:32:41.240 You take it back to where you need to take it back to and 00:32:41.240 --> 00:32:42.400 look and see if any of them 00:32:42.720 --> 00:32:45.259 Should be addressed then we move to page two that to me 00:32:45.259 --> 00:32:47.640 would make sense. So we're 00:32:48.200 --> 00:32:50.289 We're getting stuck on things. We're going forward on 00:32:50.289 --> 00:32:53.019 things. I'm confused about even what we're talking about so 00:32:53.019 --> 00:32:53.200 far 00:32:53.599 --> 00:32:56.190 So I don't know how you guys could put anything together 00:32:56.190 --> 00:32:59.140 with our comments and and be able to move this forward 00:33:00.319 --> 00:33:03.240 We need a better tree code this 00:33:04.039 --> 00:33:07.039 Improve this is to improve our tree code. It's to preserve 00:33:07.039 --> 00:33:08.319 the 46% of 00:33:08.839 --> 00:33:11.750 Undisturbed tree canopy we have on and lots that that are 00:33:11.750 --> 00:33:12.960 not yet developed 00:33:12.960 --> 00:33:16.119 We need to do something with this and we need to get 00:33:16.119 --> 00:33:16.920 something 00:33:17.759 --> 00:33:20.589 You know pass through City Council. I'm just trying to 00:33:20.589 --> 00:33:23.269 figure out how we're going to get there because we're in 00:33:23.269 --> 00:33:24.839 this 35 minutes 00:33:25.359 --> 00:33:28.319 We're nowhere where I don't even know where we started in 00:33:28.319 --> 00:33:31.559 the ordinance and and it's kind of where we ended up last 00:33:31.559 --> 00:33:31.839 week 00:33:31.839 --> 00:33:36.680 When we just ran out of time, so I would love to right now 00:33:36.680 --> 00:33:38.319 set some kind of 00:33:38.720 --> 00:33:41.339 Organized way that we're going to be able to go through 00:33:41.339 --> 00:33:42.559 this collectively 00:33:43.359 --> 00:33:45.910 Offer our opinions because they're all going to be 00:33:45.910 --> 00:33:47.809 different because we all come from different mindsets 00:33:47.809 --> 00:33:49.400 different communities different 00:33:49.759 --> 00:33:51.759 You know we've got different people talking to us 00:33:52.480 --> 00:33:55.640 All of our opinions at least should be heard 00:33:55.640 --> 00:33:59.880 I don't know if all of our opinions will play into changing 00:33:59.880 --> 00:34:02.039 this this draft, but 00:34:02.799 --> 00:34:06.250 We need a way that I guess they can be heard and then have 00:34:06.250 --> 00:34:09.280 you guys be able to go through them and then bring it 00:34:09.280 --> 00:34:11.280 back to us and 00:34:12.000 --> 00:34:14.219 Eventually we whittle it down to something that everybody 00:34:14.219 --> 00:34:15.880 can live with and we move it along 00:34:17.440 --> 00:34:19.559 I'd love thoughts comments on anything 00:34:21.320 --> 00:34:25.679 If we can just get back to your point frame this discussion 00:34:25.679 --> 00:34:29.829 I don't the intent of us bringing this document to you is 00:34:29.829 --> 00:34:31.599 not for you guys to actually write it 00:34:32.000 --> 00:34:35.389 Because we had we have staff that's actually doing that we 00:34:35.389 --> 00:34:36.199 have legal staff 00:34:36.199 --> 00:34:38.579 That's reviewing it to make sure that it's defensible in 00:34:38.579 --> 00:34:42.000 that you know we're in order in that regard 00:34:42.599 --> 00:34:45.320 what we need from you guys is comment and 00:34:46.880 --> 00:34:48.880 feedback on the general concepts 00:34:49.760 --> 00:34:54.679 We broken down the tree code into I guess seven different 00:34:54.679 --> 00:34:57.320 or maybe five or six different areas 00:34:58.159 --> 00:35:01.920 That comprise the tree code if you go to page three on the 00:35:01.920 --> 00:35:04.239 staff memo it tells you what those are 00:35:04.880 --> 00:35:06.880 So we can start there 00:35:07.320 --> 00:35:10.079 Because that is the bulk of what you guys are 00:35:11.079 --> 00:35:14.320 Struggling with or I would need to comment on and then in 00:35:14.320 --> 00:35:17.400 addition to that I would recommend that we talk about 00:35:18.519 --> 00:35:22.449 The the legal aspects just because I know that's going to 00:35:22.449 --> 00:35:23.440 be a question for 00:35:23.960 --> 00:35:26.559 Enforcement and appeals and in different things like that 00:35:26.719 --> 00:35:31.539 But in general we would like feedback on those five 00:35:31.539 --> 00:35:34.599 different concepts that you see on page three of the memo 00:35:34.599 --> 00:35:34.800 and 00:35:35.000 --> 00:35:37.000 then any of 00:35:37.119 --> 00:35:41.920 The I guess conversation about the administrative side of 00:35:41.920 --> 00:35:44.119 it. We can maybe hold that to the end 00:35:44.719 --> 00:35:47.800 But to get to the meat of it is page three 00:35:48.559 --> 00:35:50.559 And that list that we provided 00:35:50.559 --> 00:35:54.440 Let's start there and possibly take your recommendations on 00:35:54.440 --> 00:35:57.039 what you want to see in there or taken out 00:35:59.400 --> 00:36:00.619 Page three of the staff memo. Yeah, I think I'm confused 00:36:00.619 --> 00:36:04.219 about what are you talking about? What staff memo are you 00:36:04.219 --> 00:36:05.360 addressing? 00:36:09.159 --> 00:36:11.159 The backup 00:36:19.400 --> 00:36:21.880 I'll just run quickly through what they are 00:36:22.400 --> 00:36:25.409 So the five components that we've identified in the tree 00:36:25.409 --> 00:36:28.000 code are the number of established tree 00:36:28.800 --> 00:36:30.800 designations which that is the 00:36:31.199 --> 00:36:33.949 The categories of trees that would be subject to the 00:36:33.949 --> 00:36:34.679 ordinance 00:36:36.440 --> 00:36:38.869 We have the minimum preservation percentage that's the 30% 00:36:38.869 --> 00:36:42.590 that hey would and Jim were just discussing should that be 00:36:42.590 --> 00:36:44.639 higher should it be lower? 00:36:45.639 --> 00:36:49.719 We have the tree mitigation ratios as well in Jim and Hay 00:36:49.719 --> 00:36:51.000 wood's previous discussion 00:36:51.000 --> 00:36:54.760 Is it one to four is it one to six is it one to ten? 00:36:55.599 --> 00:36:57.599 or lower 00:36:58.679 --> 00:37:02.829 What the tree fund payments should be right currently we 00:37:02.829 --> 00:37:03.239 have 00:37:04.199 --> 00:37:07.480 125 perfect diameter or caliber is 00:37:08.440 --> 00:37:11.159 obviously we have to change that because the way we are 00:37:11.159 --> 00:37:12.079 proposing to 00:37:13.760 --> 00:37:17.480 Enforce the tree code is not based on the the diameter of 00:37:17.480 --> 00:37:20.230 the tree anymore is based on the canopy the square footage 00:37:20.230 --> 00:37:20.920 of the canopy 00:37:20.960 --> 00:37:23.280 so if we need to find a 00:37:24.079 --> 00:37:27.679 calculation that translates to canopy so we need your input 00:37:27.679 --> 00:37:29.599 on that and then 00:37:31.199 --> 00:37:34.480 Preservation incentives or what we proposing 00:37:36.199 --> 00:37:39.079 Enough incentive do you feel like it's too much? 00:37:39.320 --> 00:37:43.480 How do you want to fall in that area and then the other 00:37:43.480 --> 00:37:45.000 areas that I would? 00:37:45.440 --> 00:37:49.329 Suggest that we look at or how do we enforce it if the the 00:37:49.329 --> 00:37:51.239 criteria that we have for enforcement? 00:37:51.679 --> 00:37:55.849 You agree with it or not and then as far as how we administ 00:37:55.849 --> 00:37:58.880 rate the document. Are you okay with? 00:37:59.840 --> 00:38:01.840 Administrative appeals should it go to City Council? 00:38:02.119 --> 00:38:05.719 Those are the things that we are hoping to get input from 00:38:05.719 --> 00:38:08.079 you on in these meetings 00:38:08.519 --> 00:38:10.519 The document itself we have 00:38:11.159 --> 00:38:13.750 Requirements from our legal department that we have to stay 00:38:13.750 --> 00:38:15.980 within there's certain language 00:38:16.119 --> 00:38:20.559 It has to be written a certain way based on our council so 00:38:21.320 --> 00:38:24.510 We can't necessarily we can listen to your concerns on 00:38:24.510 --> 00:38:27.760 those but obviously we defer to our legal team for 00:38:28.320 --> 00:38:30.320 How that actually plays out? 00:38:35.760 --> 00:38:38.800 Okay moving forward what I would like to do and you know 00:38:38.800 --> 00:38:41.480 getting back to a panel with Commissioner Ellis was stating 00:38:41.480 --> 00:38:44.530 I would like to go on a page turn through the ordinance as 00:38:44.530 --> 00:38:47.000 we started out with at the last meeting and 00:38:48.239 --> 00:38:50.510 Initially what I was thinking was picking up where we left 00:38:50.510 --> 00:38:50.800 off 00:38:51.599 --> 00:38:53.880 Then if we need to circle back because I would like to at 00:38:53.880 --> 00:38:54.840 least get through this document 00:38:55.519 --> 00:38:58.699 Completely at least one time and then if we if we're able 00:38:58.699 --> 00:38:59.480 to do that 00:38:59.599 --> 00:39:03.019 We can circle back to the beginning and work back up to 00:39:03.019 --> 00:39:05.559 page six if that is is okay 00:39:06.400 --> 00:39:09.119 Because you know I want to have us jumping around from 00:39:09.119 --> 00:39:10.239 different pages 00:39:10.519 --> 00:39:13.480 Which makes it difficult for me to follow and everyone else 00:39:13.480 --> 00:39:14.880 to follow where we're at 00:39:17.679 --> 00:39:20.199 So back to where we stopped 00:39:21.199 --> 00:39:23.199 Which was preservation incentives? 00:39:24.119 --> 00:39:27.500 And this is a major change from the previous tree code 00:39:27.500 --> 00:39:30.280 credit for preserve tree canopy 00:39:30.960 --> 00:39:34.000 Under the existing code you only receive credit if you 00:39:34.000 --> 00:39:34.800 preserved 00:39:35.760 --> 00:39:38.519 above the minimum requirements 00:39:39.599 --> 00:39:42.320 towards your future landscape canopy what we're proposing 00:39:42.320 --> 00:39:45.219 is that you get credit for every tree that you preserve 00:39:45.219 --> 00:39:47.199 towards your landscape canopy 00:39:47.400 --> 00:39:50.920 requirements and that would be for our 00:39:53.119 --> 00:39:56.079 Protected trees which are trees 18 inches and diameter 00:39:56.079 --> 00:39:59.760 above you would get two times the credit 00:40:00.239 --> 00:40:04.139 Of what you preserve so if you preserve 10,000 square feet 00:40:04.139 --> 00:40:07.579 of tree canopy you would get credit for 20,000 square feet 00:40:07.579 --> 00:40:08.400 of tree canopy 00:40:09.199 --> 00:40:12.800 For trees that are less than 18 inches it would be a direct 00:40:14.079 --> 00:40:16.079 credit a one-to-one ratio 00:40:19.199 --> 00:40:23.900 So any any questions comments concerns about that section 00:40:26.360 --> 00:40:29.769 Okay, so the next section parking lot design is really a 00:40:29.769 --> 00:40:33.119 holdover from the previous code there was nothing changed 00:40:33.119 --> 00:40:34.239 with that section 00:40:35.280 --> 00:40:37.280 basically that allows 00:40:37.280 --> 00:40:40.960 some modifications to be made to parking lot 00:40:42.119 --> 00:40:44.119 requirements to preserve 00:40:44.119 --> 00:40:46.800 additional trees on the site or to preserve trees on site 00:40:54.159 --> 00:40:56.800 I'm sorry Commissioner Ellis apologize. Thank you 00:40:58.119 --> 00:41:01.840 Hey, but let me go back because I did have a quick note 00:41:01.840 --> 00:41:02.079 here 00:41:02.639 --> 00:41:06.170 Back to the incentives there. So where it states that the 00:41:06.170 --> 00:41:08.440 preserve chant canopy may be counted 00:41:08.440 --> 00:41:12.960 So is that a to be determined thing? It might be maybe I 00:41:13.760 --> 00:41:16.150 Was confused how that was written. I don't know if I'm 00:41:16.150 --> 00:41:19.130 allowed to say that because it's I'm not trying to rewrite 00:41:19.130 --> 00:41:19.320 it 00:41:19.320 --> 00:41:22.500 I'm confused the way it's written. It says the preserve 00:41:22.500 --> 00:41:24.039 tree canopy may be counted 00:41:24.199 --> 00:41:28.000 So my note says will it be or is that to be determined? 00:41:28.760 --> 00:41:32.230 Yeah, that it will be I mean that's a miss. I mean, you 00:41:32.230 --> 00:41:32.639 know 00:41:33.159 --> 00:41:36.750 Okay, so my thinking is the preserve tree canopy will be 00:41:36.750 --> 00:41:37.440 counted 00:41:38.880 --> 00:41:40.880 Yeah, making a note of that 00:41:41.599 --> 00:41:44.889 Because the idea is to you know for that to be just 00:41:44.889 --> 00:41:45.760 standard 00:41:45.760 --> 00:41:48.480 Yeah, because the waves when I read it it it almost looked 00:41:48.480 --> 00:41:51.159 like it was going to be determined on whether it was going 00:41:51.159 --> 00:41:51.400 to 00:41:51.400 --> 00:41:52.800 be counted or not 00:41:52.800 --> 00:41:55.920 And then the next line where it says a developer may 00:41:55.920 --> 00:41:59.119 receive credits, but you're saying they will receive credit 00:41:59.119 --> 00:42:00.239 . Okay, thanks 00:42:04.320 --> 00:42:07.559 Okay turning over to the next page mitigation 00:42:12.199 --> 00:42:14.199 Now this whole section here 00:42:16.079 --> 00:42:20.400 Basically one through three that's that's all new to the 00:42:20.400 --> 00:42:21.119 code 00:42:23.280 --> 00:42:25.630 Starting off if preservation can't reasonably achieve the 00:42:25.630 --> 00:42:30.130 mitigation may provide may be provided through replanting 00:42:30.130 --> 00:42:30.400 or 00:42:30.800 --> 00:42:32.719 payment into the tree fund 00:42:32.719 --> 00:42:36.210 The following mitigation shall apply so we're given you 00:42:36.210 --> 00:42:38.159 know up to 10% of the trees 00:42:38.840 --> 00:42:41.199 that are existing on site may be removed and mitigated 00:42:41.199 --> 00:42:43.840 through either payment into the tree fund or 00:42:45.079 --> 00:42:47.800 Replanting of trees on site again those trees that you're 00:42:47.800 --> 00:42:48.639 replanting 00:42:49.079 --> 00:42:52.420 Count towards your required landscape trees that you have 00:42:52.420 --> 00:42:53.360 to plant anyway 00:42:55.199 --> 00:42:57.590 And again that's at the one to six ratio which we just you 00:42:57.590 --> 00:43:00.280 know had some conversation about 00:43:02.760 --> 00:43:06.179 For payment into the tree fund what we're going to since we 00:43:06.179 --> 00:43:07.480 're going to canopy is 00:43:08.079 --> 00:43:10.699 Basing the payment off of a square foot of canopy 00:43:11.280 --> 00:43:14.719 Again, that number is based on data that we received in our 00:43:14.719 --> 00:43:17.320 state of Denton urban forest report 00:43:17.920 --> 00:43:19.920 and it's basically 00:43:20.920 --> 00:43:24.119 Taking the the structural value plus ten years of of 00:43:24.119 --> 00:43:28.019 environmental benefits that we received from trees and 00:43:29.480 --> 00:43:32.420 Calculating you know how much that is worth per square foot 00:43:32.420 --> 00:43:34.920 of canopy that we have here in Denton 00:43:38.360 --> 00:43:42.409 Okay the next number here mitigation of tree canopy square 00:43:42.409 --> 00:43:45.079 footage may be counted towards total landscape canopy at a 00:43:45.079 --> 00:43:45.480 one-to-one ratio 00:43:45.840 --> 00:43:48.519 Again restating the credit this that's given 00:43:49.920 --> 00:43:52.719 Each mitigation tree must be three inch calipers 00:43:53.920 --> 00:43:55.920 measure six inches above grade 00:43:57.039 --> 00:44:00.639 Current code is two inches in caliper what we're finding is 00:44:00.639 --> 00:44:03.750 most developments are planting three inch caliper trees 00:44:03.750 --> 00:44:04.119 anyway 00:44:04.119 --> 00:44:06.119 So we didn't see that that would be 00:44:06.239 --> 00:44:09.960 You know really anything beyond what what we're seeing you 00:44:09.960 --> 00:44:13.440 know primarily going in in town on our landscape plans 00:44:14.960 --> 00:44:19.769 Any six inches above grade rather than four four feet six 00:44:19.769 --> 00:44:20.960 inch which is brush tithe 00:44:20.960 --> 00:44:23.170 Which is what we currently are doing you're going to change 00:44:23.170 --> 00:44:26.880 it to six inches above yes standard practice for measuring 00:44:26.880 --> 00:44:28.139 small trees 00:44:29.280 --> 00:44:31.500 You know trees coming out of the nursery is measuring cal 00:44:31.500 --> 00:44:34.239 iper inch which is six inches above grade 00:44:34.760 --> 00:44:36.760 once you get over 00:44:37.119 --> 00:44:39.039 You know generally 00:44:39.039 --> 00:44:41.889 About five or six inches I have to go back to look at the 00:44:41.889 --> 00:44:44.960 standard then you you move up to breast height which is 00:44:44.960 --> 00:44:45.239 four and 00:44:45.239 --> 00:44:46.760 a half feet above grade 00:44:46.760 --> 00:44:49.139 Okay, I know that's referred here in the ordinance at the 00:44:49.139 --> 00:44:51.599 beginning, but that's the first place. I've seen it six 00:44:51.599 --> 00:44:51.760 inch 00:44:51.760 --> 00:44:55.139 I didn't know if it was a mistake or I mean an over look. 00:44:55.139 --> 00:44:56.000 Yeah, that's how 00:44:56.679 --> 00:44:59.699 Whenever you purchase a tree from the nursery you know that 00:44:59.699 --> 00:45:02.409 's where they're measuring from so if you're expecting a six 00:45:02.409 --> 00:45:03.639 inch at breast height 00:45:03.639 --> 00:45:06.760 It's going to be smaller or three inches at breast height 00:45:06.760 --> 00:45:08.079 is going to be a smaller tree 00:45:08.079 --> 00:45:11.880 Correct, then no, okay. What's stated here? Thank you. Okay 00:45:13.159 --> 00:45:16.639 Any other questions on this mitigation section comments 00:45:16.639 --> 00:45:17.480 concerns 00:45:18.440 --> 00:45:21.659 Commissioner Ellis, thank you. Um so just to clarify it's 00:45:21.659 --> 00:45:23.739 up to 10% right correct 00:45:23.739 --> 00:45:26.349 That's the maximum correct that they can pay into the fund 00:45:26.349 --> 00:45:26.800 correct 00:45:29.119 --> 00:45:31.760 Commissioner back. Thank you. They would 00:45:33.000 --> 00:45:35.920 On mitigation we didn't get to it yet, but number four 00:45:35.920 --> 00:45:36.659 their IV 00:45:38.159 --> 00:45:40.159 Gaswell operators 00:45:40.280 --> 00:45:43.300 Down there says the applicant shall mitigate the removal by 00:45:43.300 --> 00:45:46.159 paying established tree mitigation fee for 35% 00:45:47.199 --> 00:45:50.190 of the total square canopy so they're getting a discount it 00:45:50.190 --> 00:45:51.079 sounds like 00:45:51.679 --> 00:45:53.320 Not exactly 00:45:53.320 --> 00:45:56.099 Guess what development is a little bit type different type 00:45:56.099 --> 00:45:58.840 of development than what you have with your traditional 00:45:58.840 --> 00:46:01.460 You know with when you're if you're developing residential 00:46:01.460 --> 00:46:04.179 commercial, so this is actually in the existing ordinance 00:46:04.960 --> 00:46:06.960 and what 00:46:07.159 --> 00:46:09.920 Gaswell providers required to do under existing is 00:46:09.920 --> 00:46:11.000 basically 00:46:12.119 --> 00:46:14.119 mitigate through payment 00:46:14.239 --> 00:46:17.769 Based on what they take out because a lot of times they're 00:46:17.769 --> 00:46:18.159 there 00:46:18.159 --> 00:46:20.920 You know having their access rolled in and a pad site and 00:46:20.920 --> 00:46:23.039 the site may be you know, 100 acres 00:46:25.519 --> 00:46:29.500 The the only change to this is that you know, I think on 00:46:29.500 --> 00:46:30.980 the existing code is 25% 00:46:31.679 --> 00:46:35.199 Under what we're proposing is 35% of the canopy 00:46:35.800 --> 00:46:37.400 Okay 00:46:37.400 --> 00:46:40.349 We can come back and look at if we need to yeah. Thank you. 00:46:40.349 --> 00:46:40.679 Mm-hmm 00:46:41.519 --> 00:46:44.159 Can you make there's 35 instead of the 30? 00:46:45.039 --> 00:46:48.739 Yes, it's well, that's not they're not required to preserve 00:46:49.480 --> 00:46:53.519 30% or 35% what they are required to do is mitigate for 35% 00:46:53.519 --> 00:46:56.679 of what they take out. So if they take out 00:46:58.280 --> 00:47:01.380 100,000 square feet of canopy where they mitigate for 35, 00:47:01.380 --> 00:47:02.880 000 square feet of canopy 00:47:03.679 --> 00:47:05.679 That's how that works 00:47:05.960 --> 00:47:07.960 Okay 00:47:10.400 --> 00:47:13.840 Okay, next section is about the tree fun 00:47:14.760 --> 00:47:17.079 Which there wasn't well, there was some rewording 00:47:17.920 --> 00:47:21.840 recently discovered in and in section a of the of how it 00:47:21.840 --> 00:47:25.639 was written, but the meaning is the same I 00:47:25.960 --> 00:47:29.250 Want to go back over that again visit that section with our 00:47:29.250 --> 00:47:30.079 legal staff 00:47:30.719 --> 00:47:33.309 Just because of you know, how was written is not as I don't 00:47:33.309 --> 00:47:35.519 think it's direct as it was initially 00:47:36.079 --> 00:47:39.500 I'm not sure why the changes were recommended for that one 00:47:39.500 --> 00:47:40.139 section 00:47:40.880 --> 00:47:44.119 But basically this section eight talks about 00:47:44.840 --> 00:47:46.840 the city administering the tree fun 00:47:47.239 --> 00:47:50.420 The types of purchases or uses that can be made with the 00:47:50.420 --> 00:47:54.269 tree fun to purchase plant maintain trees preserve wooded 00:47:54.269 --> 00:47:55.000 property 00:47:55.599 --> 00:47:58.320 There remains in a naturalistic state and perpetuity 00:47:58.920 --> 00:48:02.369 To perform and maintain a city-wide tree inventory and to 00:48:02.369 --> 00:48:06.010 educate citizens and developers on the preservation care 00:48:06.010 --> 00:48:06.599 and maintenance 00:48:07.519 --> 00:48:10.239 benefits and value of trees within the city of Denton and 00:48:11.679 --> 00:48:13.960 This next line was something that was 00:48:15.039 --> 00:48:16.119 changed 00:48:16.119 --> 00:48:19.559 Amended last well as was in the summer of 2015 00:48:20.039 --> 00:48:23.400 The tree the tree fun may also be used to support programs 00:48:23.400 --> 00:48:26.440 for the public purpose of increasing the tree canopy 00:48:27.159 --> 00:48:29.630 Within the city of Denton as approved by the City Council 00:48:29.630 --> 00:48:33.000 and that was a request from City Council 00:48:33.360 --> 00:48:36.960 To make changes to the uses of the tree fun to allow us to 00:48:36.960 --> 00:48:40.119 provide trees to be planted on private property prior to 00:48:40.119 --> 00:48:40.480 that 00:48:40.880 --> 00:48:44.800 The trees had to be planted on public property. And so that 00:48:44.800 --> 00:48:45.920 that's what allowed 00:48:46.800 --> 00:48:48.800 basically the funds or the programs that 00:48:49.400 --> 00:48:52.670 Were running through KDB to actually happen because a lot 00:48:52.670 --> 00:48:56.320 of those programs are providing trees that can go on on 00:48:56.639 --> 00:48:58.260 private properties 00:48:58.260 --> 00:49:00.260 Commissioner back. Thank you chair 00:49:01.880 --> 00:49:04.289 Back up there where you said to preserve wooded property 00:49:04.289 --> 00:49:06.679 remaining in a natural state in 00:49:07.960 --> 00:49:11.340 Perttuity does this go to the heart of the city actually 00:49:11.340 --> 00:49:13.840 buying large segments 00:49:14.800 --> 00:49:17.639 say we're talking about land was a lot of trees and 00:49:19.000 --> 00:49:21.719 We want to preserve them because the developers do come in 00:49:21.719 --> 00:49:23.360 we're going to lose a lot of trees 00:49:23.360 --> 00:49:25.559 So we don't want the property owner to suffer 00:49:26.079 --> 00:49:28.619 Would we use the funding here then say okay? 00:49:29.760 --> 00:49:32.840 This is going to cost a lot as far as losing trees. Would 00:49:32.840 --> 00:49:35.460 we buy that area then to preserve those trees? 00:49:36.199 --> 00:49:39.199 Yes, that's what we're going to be developed. It would be 00:49:39.199 --> 00:49:40.159 kept in perpetuity 00:49:40.679 --> 00:49:43.969 Right. Okay. Yeah, that's what that allows us. Okay. Okay. 00:49:43.969 --> 00:49:46.760 Yes, exactly. That's what I need to clarify. Thank you 00:49:49.000 --> 00:49:50.320 Okay 00:49:50.320 --> 00:49:52.320 number letter B here 00:49:52.480 --> 00:49:54.679 proceeds of the tree fund should not be 00:49:55.239 --> 00:49:57.389 Should not be used to meet any requirements for 00:49:57.389 --> 00:49:58.920 preservation mitigation 00:49:59.679 --> 00:50:02.289 landscape buffering streetscape in the other some other 00:50:02.289 --> 00:50:05.300 similar requirements in the development code and the 00:50:05.300 --> 00:50:07.639 develop the Denton code of ordinances 00:50:07.800 --> 00:50:11.389 So basically that section says that you know a developer 00:50:11.389 --> 00:50:14.079 can't or any site that's being developed 00:50:14.679 --> 00:50:17.190 Can't apply for one of these programs that we have for 00:50:17.190 --> 00:50:20.800 planting trees on private property to meet their required 00:50:22.000 --> 00:50:24.199 landscape requirements pertaining to trees 00:50:26.239 --> 00:50:29.389 So the next section basically states the applicant shall 00:50:29.389 --> 00:50:34.699 pay fees established by the City Council published in the 00:50:35.400 --> 00:50:37.400 development review fee schedule 00:50:37.840 --> 00:50:39.840 the application criteria manual 00:50:40.800 --> 00:50:43.599 Which may from time to time be amended. It's just stating 00:50:43.599 --> 00:50:45.039 where that fee will be 00:50:45.800 --> 00:50:49.260 Published and one thing and even with the existing code. We 00:50:49.260 --> 00:50:52.159 don't have the mitigation fee in the code 00:50:52.440 --> 00:50:55.659 We have it in areas where you know when whenever it needs 00:50:55.659 --> 00:50:58.920 to be adjusted. It's a you know, a little bit more 00:50:59.800 --> 00:51:01.800 efficient process to get that done 00:51:05.000 --> 00:51:07.059 Commissioner Ellis, yeah, thank you. This is sort of tongue 00:51:07.059 --> 00:51:08.039 -in-cheek 00:51:09.519 --> 00:51:12.420 From one of the last codes we tried to rewrite 00:51:12.920 --> 00:51:15.429 There's a lot of shells in this and we were redlining 00:51:15.429 --> 00:51:18.789 through that in the last discussion we had I think about 00:51:18.789 --> 00:51:19.199 parking 00:51:19.199 --> 00:51:21.699 So I'm just gonna throw that out there. There's several 00:51:21.699 --> 00:51:24.900 shells in that paragraph. Oh, yeah, I'm gonna be must or 00:51:25.440 --> 00:51:27.940 Yeah, yeah, that's one of those sections 00:51:28.460 --> 00:51:32.440 Also because it was revised a couple, you know just in 2015 00:51:32.440 --> 00:51:34.869 I didn't even really look at that to take those out, but I 00:51:34.869 --> 00:51:38.760 'll I'll make that note to to get the shells out 00:51:40.760 --> 00:51:42.760 Or replace the shells 00:51:46.960 --> 00:51:51.340 Okay letter D the applicant must pay fees contributing to 00:51:51.340 --> 00:51:52.079 the tree fund 00:51:52.639 --> 00:51:56.000 Prior to the issuance of a gas well development plat a gas 00:51:56.000 --> 00:52:00.320 well site plan or the following of a final plat in the 00:52:00.320 --> 00:52:03.639 Denton County Court County clerk's office 00:52:04.239 --> 00:52:07.480 for a single residential subdivision clearing and grading 00:52:07.480 --> 00:52:07.920 permit 00:52:08.480 --> 00:52:11.389 clearing and grubbing permit or building permit on all 00:52:11.389 --> 00:52:15.119 commercial industrial or multifamily residential 00:52:15.119 --> 00:52:16.000 developments 00:52:16.960 --> 00:52:18.960 Would not be issued until 00:52:19.039 --> 00:52:22.650 Would not be issued prior to this payment. So basically 00:52:22.650 --> 00:52:24.840 that's just stating when that payment is due 00:52:25.920 --> 00:52:28.360 So that everyone is clear that you know 00:52:28.360 --> 00:52:31.079 It goes you know with those permits because what we want to 00:52:31.079 --> 00:52:34.389 do is have those fees paid prior to trees actually being 00:52:34.389 --> 00:52:35.019 removed 00:52:35.800 --> 00:52:36.840 and 00:52:36.840 --> 00:52:40.480 This was that section. I thought it was a but it was D that 00:52:40.480 --> 00:52:43.840 kind of got reworked and I'm not sure why it was reworked 00:52:43.840 --> 00:52:44.199 but 00:52:46.239 --> 00:52:49.519 It doesn't flow I think as well as it should 00:52:55.119 --> 00:52:55.829 Any questions or any additional questions or comments on 00:52:55.829 --> 00:53:00.239 that section dealing with the tree fund 00:53:00.840 --> 00:53:03.599 Commissioner Ellis, thank you chair. I just on that comment 00:53:03.599 --> 00:53:05.639 . I think I emailed you this that paragraph 00:53:05.639 --> 00:53:08.889 I found really confusing just the way it was worded. It 00:53:08.889 --> 00:53:09.280 just 00:53:09.800 --> 00:53:13.599 It had to be reread many many times. So I think I sent 00:53:14.159 --> 00:53:16.980 An opinion about that, but I'll send it again if you don't 00:53:16.980 --> 00:53:18.219 have it. Okay 00:53:19.960 --> 00:53:22.190 The only comment I'll make is I'm gonna echo Commissioner 00:53:22.190 --> 00:53:23.179 Beck's point 00:53:23.599 --> 00:53:26.719 Which I know I've brought up prior to these meetings 00:53:27.320 --> 00:53:29.119 recently is 00:53:29.119 --> 00:53:32.590 The city taking the role on purchasing these properties and 00:53:32.590 --> 00:53:34.019 doing the preservation 00:53:35.579 --> 00:53:39.630 My opinion is still the same and I think it's feared by a 00:53:39.630 --> 00:53:42.820 lot of private property owners if this is public opinion 00:53:43.320 --> 00:53:46.530 For the city of Dent public policy tree preservation. I 00:53:46.530 --> 00:53:47.659 think it's the city's 00:53:49.199 --> 00:53:52.280 Responsibility to take care of that procure the property 00:53:52.960 --> 00:53:55.429 Plant the trees and I don't think it needs to be pushed off 00:53:55.429 --> 00:53:57.719 on the individual property owners 00:53:58.039 --> 00:54:01.380 We can call them developers or whatever that for the city's 00:54:01.380 --> 00:54:01.739 good 00:54:02.320 --> 00:54:04.320 The trees that are on your property 00:54:04.559 --> 00:54:07.380 You have to do certain things with them for the overall 00:54:07.380 --> 00:54:11.119 good of our community and I just have a philosophical 00:54:12.119 --> 00:54:15.849 Opinion about that. So I'm all in favor of the city taking 00:54:15.849 --> 00:54:19.079 the lead on this and doing it rather than 00:54:19.760 --> 00:54:22.559 forcing private property owners and individuals to be the 00:54:22.559 --> 00:54:24.800 one that bear the burden of the 00:54:25.400 --> 00:54:28.929 implementation of this for the public good so I'm in favor 00:54:28.929 --> 00:54:30.960 of the perpetuity of it and 00:54:31.679 --> 00:54:34.260 In city buying properties and are paying 00:54:34.719 --> 00:54:38.920 You want to take the 20% and buy it from the gentleman? 00:54:38.920 --> 00:54:41.340 They say you can't cut it down and we'll pay you for it 00:54:42.119 --> 00:54:45.510 Well, that's a whole different deal than requiring them to 00:54:45.510 --> 00:54:48.920 keep the 20% and that's out of their pocket 00:54:49.079 --> 00:54:52.679 So I think there would be a lot more buy-in from 00:54:52.679 --> 00:54:53.760 stakeholders 00:54:54.800 --> 00:54:57.789 This is gonna be public policy and we're going to require 00:54:57.789 --> 00:55:01.440 you to do it and we'll preserve a certain amount. We'll buy 00:55:01.440 --> 00:55:01.519 it 00:55:02.239 --> 00:55:04.750 And we'll buy the preserve the trees that we're requiring 00:55:04.750 --> 00:55:07.599 you to preserve the city will buy it and maintain it 00:55:07.920 --> 00:55:11.059 It doesn't have to be a private homeowner association doesn 00:55:11.059 --> 00:55:13.719 't have to have private GL policies covering it 00:55:13.760 --> 00:55:16.079 It's private property that the public can't go to 00:55:16.679 --> 00:55:19.289 I think city needs to buy that stuff and and bear the 00:55:19.289 --> 00:55:21.360 burden for it if it's public policy 00:55:21.360 --> 00:55:24.760 So that's gonna be my comment on that section 00:55:28.039 --> 00:55:30.039 Okay 00:55:30.079 --> 00:55:33.519 So the next section removal of trees and this section here 00:55:33.519 --> 00:55:35.820 was reworked quite a bit 00:55:37.000 --> 00:55:40.039 From the previous code. So I'm gonna start off with a 00:55:40.639 --> 00:55:42.840 number one any person 00:55:43.639 --> 00:55:46.369 Must obtain a tree removal permit from the city prior to a 00:55:46.369 --> 00:55:48.360 removal of any tree in the city 00:55:50.599 --> 00:55:53.239 The tree removal permit is not required for 00:55:53.800 --> 00:55:57.519 Exempt trees actually that's I'm not even sure how that got 00:55:57.519 --> 00:55:57.719 in 00:55:57.719 --> 00:56:01.809 I think that came from another section because the idea is 00:56:01.809 --> 00:56:03.159 not to allow I mean 00:56:05.400 --> 00:56:08.480 In fact scratch that number two out of there 00:56:10.159 --> 00:56:11.599 Because 00:56:11.599 --> 00:56:14.480 Even for an exempt tree the exempt trees are exempt from 00:56:14.480 --> 00:56:16.219 preservation requirements 00:56:16.219 --> 00:56:19.750 But you will still need to obtain a permit and it gets back 00:56:19.750 --> 00:56:22.880 to I can't remember who was mentioned in the last meeting 00:56:23.320 --> 00:56:24.599 about 00:56:24.599 --> 00:56:27.210 You know someone going in on a undeveloped site and 00:56:27.210 --> 00:56:29.909 removing, you know, all the exempt trees prior to 00:56:29.909 --> 00:56:30.559 development 00:56:30.559 --> 00:56:33.079 Yes, Commissioner Tyler. Yeah, so yeah 00:56:33.480 --> 00:56:36.539 So, you know, we don't want to get into that situation. It 00:56:36.539 --> 00:56:38.760 gets very difficult to police 00:56:40.039 --> 00:56:43.599 You know just having someone allowed to go out on you know 00:56:44.119 --> 00:56:46.869 30 acre track and start removing trees thinking that they 00:56:46.869 --> 00:56:48.840 're exempt and they may not be exempt 00:56:49.440 --> 00:56:53.000 Which can result into you know, quite a bit of fines 00:56:57.480 --> 00:57:00.440 For removal, yes, yes, they are exempt from 00:57:01.320 --> 00:57:03.000 being required for 00:57:03.000 --> 00:57:06.920 preservation but not from having a permit to remove them 00:57:08.239 --> 00:57:09.840 Commissioner Beck 00:57:09.840 --> 00:57:12.840 Thank you chair. Let me make another suggestion. Maybe 00:57:12.840 --> 00:57:14.800 streamline this one section here a little bit 00:57:15.400 --> 00:57:18.929 So you want to get rid of two is that what you said? Yes. 00:57:18.929 --> 00:57:19.159 Okay 00:57:19.440 --> 00:57:23.449 If you took one in three and made it one deal, let me read 00:57:23.449 --> 00:57:25.440 it out the way it seems like it sounds better 00:57:26.079 --> 00:57:28.510 Starting with number one any person must obtain a tree 00:57:28.510 --> 00:57:31.900 removal permit from the city prior to the removal of any 00:57:31.900 --> 00:57:32.679 tree in the city 00:57:32.679 --> 00:57:36.550 And then add the words except for and they go down here for 00:57:36.550 --> 00:57:40.079 trees less than five inches DBH that are looking blah blah 00:57:40.079 --> 00:57:40.679 blah 00:57:40.679 --> 00:57:43.449 Is that possible? We could just make that one full since 00:57:43.449 --> 00:57:46.170 because it sounds like you're saying a person like you're 00:57:46.170 --> 00:57:47.559 saying they do have to pay 00:57:49.559 --> 00:57:52.119 Obtain a tree permit and then you come down here say well, 00:57:52.119 --> 00:57:53.219 no, not really for this 00:57:53.360 --> 00:57:56.639 So if that were all like one sentence would that make it 00:57:56.639 --> 00:57:57.280 simpler? 00:57:58.360 --> 00:58:00.360 It seems like 00:58:03.239 --> 00:58:04.820 Yeah, are you with me? Hey, what are doing which I'm 00:58:04.820 --> 00:58:09.679 looking at the language here I can be confusing sometimes I 00:58:09.679 --> 00:58:10.239 know 00:58:10.239 --> 00:58:12.829 I see what you're saying. I'm okay. We can we can 00:58:12.829 --> 00:58:15.590 definitely look like I mean make it all one thing make it 00:58:15.590 --> 00:58:16.079 all one 00:58:16.320 --> 00:58:18.800 You know concise that'll work you think I? 00:58:19.599 --> 00:58:22.920 Think so, you know, we'll okay, you know take a look at it 00:58:22.920 --> 00:58:25.909 It all runs through through legal just to make sure that 00:58:25.909 --> 00:58:28.690 okay from their perspective it makes sense to run it 00:58:28.690 --> 00:58:30.039 through legal. Yeah 00:58:30.920 --> 00:58:32.599 Commissioner else 00:58:32.599 --> 00:58:34.639 Thank you chair. Yeah, and just in that same 00:58:34.639 --> 00:58:38.219 I guess area I guess is where we would want to to put 00:58:38.219 --> 00:58:41.730 something to protect the single-family homeowner that we're 00:58:41.730 --> 00:58:42.500 trying not to get 00:58:43.239 --> 00:58:46.039 Hamstrung by this. I mean, I know they still require a tree 00:58:46.039 --> 00:58:46.800 permit 00:58:46.800 --> 00:58:49.349 But I guess going back to our earlier discussion with 00:58:49.349 --> 00:58:51.880 Commissioner Sullivan and and and chair 00:58:52.360 --> 00:58:54.360 I would think that 00:58:54.719 --> 00:58:57.550 Whatever we're gonna add this would be the place where we 00:58:57.550 --> 00:59:00.420 need to add it to have that protection 00:59:00.920 --> 00:59:02.920 correct or 00:59:11.199 --> 00:59:11.269 But what protection specifically are you talking about for 00:59:11.269 --> 00:59:14.920 a single-family homeowner? 00:59:15.440 --> 00:59:18.769 Well, that's a good question. What that what are we talking 00:59:18.769 --> 00:59:21.760 about for the protection of a single-family homeowner? So 00:59:27.599 --> 00:59:30.710 Yeah, no right and I mean we started with the tree that was 00:59:30.710 --> 00:59:33.690 originally preserved and then I know Commissioner Sullivan 00:59:33.690 --> 00:59:34.760 brought up if he's 00:59:34.760 --> 00:59:38.199 He wants to move a tree on his property. I mean, how do we? 00:59:39.400 --> 00:59:43.239 because we're really not doing this this code to 00:59:43.960 --> 00:59:46.489 Not allow Commissioner Sullivan necessarily to remove a 00:59:46.489 --> 00:59:48.440 tree and put in a deck or something 00:59:48.440 --> 00:59:51.760 But but how do we how do we put it in words here? 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 00:59:55.469 --> 00:59:57.400 words right at this moment, but 00:59:58.119 --> 01:00:01.119 something it would seem would need to be crafted here to to 01:00:01.719 --> 01:00:06.690 To better describe who's required to get a permit and go 01:00:06.690 --> 01:00:07.679 through 01:00:08.800 --> 01:00:10.800 the removal process 01:00:10.800 --> 01:00:12.800 back up a 01:00:12.840 --> 01:00:15.079 Step here under the current code 01:00:16.440 --> 01:00:18.440 single-family and duplex 01:00:18.559 --> 01:00:22.130 Properties or required a permit for removal for five or 01:00:22.130 --> 01:00:24.079 more trees on their property 01:00:24.320 --> 01:00:28.059 So the fact of them having a permit is not something that's 01:00:28.059 --> 01:00:31.679 totally new is just based on the number of trees that they 01:00:31.679 --> 01:00:32.199 are removing 01:00:33.320 --> 01:00:36.639 What we were trying to do because saying five or more 01:00:36.639 --> 01:00:38.440 permit five or more trees 01:00:38.440 --> 01:00:44.449 It doesn't say per year per week per day. It's just very 01:00:44.449 --> 01:00:45.159 open. So 01:00:45.760 --> 01:00:49.909 What our intent was just to require a permit for removing 01:00:49.909 --> 01:00:51.039 trees that are? 01:00:51.880 --> 01:00:56.050 Are less than five inches in diameter a five inch diameter 01:00:56.050 --> 01:00:58.599 tree is it's a nice size tree 01:00:59.360 --> 01:01:02.230 But it's something that you know a homeowner, you know can 01:01:02.230 --> 01:01:04.500 you know, probably safely remove 01:01:05.159 --> 01:01:07.599 If you price that tree at a nursery, you're talking, you 01:01:07.599 --> 01:01:10.920 know a tree that's you know over a thousand dollars planted 01:01:11.559 --> 01:01:14.039 So it's not you know, just small 01:01:14.599 --> 01:01:16.599 You know tree that 01:01:17.119 --> 01:01:19.119 That we're talking about here 01:01:19.760 --> 01:01:22.619 Yeah, I guess I'm just trying for more clarity there 01:01:22.619 --> 01:01:26.949 because I honestly don't really in my mind know what a five 01:01:26.949 --> 01:01:27.360 inch 01:01:29.599 --> 01:01:33.079 Well DBH I think is different though, right no, that's not 01:01:34.880 --> 01:01:38.320 That's the conference diameter is your cross-section so 01:01:39.039 --> 01:01:43.250 Five inch diameter is going to be you know, probably about 01:01:43.250 --> 01:01:43.559 this 01:01:43.559 --> 01:01:47.010 So if you take a ruler and you measure five inches, you're 01:01:47.010 --> 01:01:49.179 measuring five inches straight through the trunk of the 01:01:49.179 --> 01:01:49.400 tree 01:01:49.719 --> 01:01:52.750 So and you're measuring at a certain height correct when 01:01:52.750 --> 01:01:57.480 you're doing that? Yes. Yes. Okay, that's four and a half 01:01:58.119 --> 01:02:01.730 Feet above above ground that five six inches is where you 01:02:01.730 --> 01:02:04.639 break off from measuring caliper to diameter 01:02:04.880 --> 01:02:07.440 So it's a decent sized tree 01:02:08.320 --> 01:02:11.639 That we're talking about here to capture Commissioner 01:02:12.360 --> 01:02:15.480 Sullivan and Ellis's comment about the homeowner 01:02:16.000 --> 01:02:19.719 We may need to make to write that the recommendation is to 01:02:19.719 --> 01:02:22.519 exempt the homeowner from the preservation and mitigation 01:02:22.519 --> 01:02:23.440 requirements 01:02:23.440 --> 01:02:26.840 So we'll do that and that's actually found at the beginning 01:02:26.840 --> 01:02:27.679 of the document 01:02:33.280 --> 01:02:37.130 Commissioner back. Thank you chair. Again, don't get bogged 01:02:37.130 --> 01:02:37.760 down in this but 01:02:40.800 --> 01:02:42.800 Just lose my train of thought I 01:02:45.320 --> 01:02:49.079 Did I'll come back to it sorry buzz back in 01:02:50.880 --> 01:02:52.880 Yeah, and the other 01:02:53.239 --> 01:02:55.610 Reason for requiring those permits was because under the 01:02:55.610 --> 01:02:57.800 current code there is somewhat of a loophole 01:02:58.559 --> 01:03:01.639 Because of that, you know only five trees on a single 01:03:01.639 --> 01:03:03.159 family or a duplex lot 01:03:03.159 --> 01:03:05.980 If someone is coming in to redevelop that property the 01:03:05.980 --> 01:03:07.800 current code doesn't state, you know 01:03:07.800 --> 01:03:11.670 It has to be occupied property or if it's vacant so, you 01:03:11.670 --> 01:03:12.000 know 01:03:12.239 --> 01:03:16.210 Technically if there's a single family house on a 10 acre 01:03:16.210 --> 01:03:17.739 property, you know 01:03:18.159 --> 01:03:21.780 They can they can remove, you know five or more trees a day 01:03:21.780 --> 01:03:23.280 and be under the code 01:03:25.039 --> 01:03:27.039 Commissioner back. Thank you chair. I remember 01:03:28.000 --> 01:03:30.000 I'm not opposed to 01:03:30.480 --> 01:03:32.079 individuals 01:03:32.079 --> 01:03:35.449 Family single family being required to get a tree permit to 01:03:35.449 --> 01:03:36.920 remove a tree. I think it 01:03:37.480 --> 01:03:40.130 Does the big benefit it's not necessarily going to be a bad 01:03:40.130 --> 01:03:40.360 thing 01:03:40.719 --> 01:03:42.929 if you're going out there and looking at or somebody's 01:03:42.929 --> 01:03:45.639 going out there looking at offering suggestions that 01:03:46.639 --> 01:03:49.679 Might preserve that tree and it'd be up to the homeowner 01:03:49.679 --> 01:03:51.599 You're not it's not gonna be a mandate 01:03:51.599 --> 01:03:54.079 But if they're having a problem with it for such and such a 01:03:54.079 --> 01:03:55.440 reason that you can say well 01:03:55.440 --> 01:03:57.869 Here's how we can modify that rather than take the whole 01:03:57.869 --> 01:03:58.360 tree out 01:03:58.360 --> 01:04:01.360 I would be for a permit just for educational purposes to 01:04:01.360 --> 01:04:03.989 have somebody like hey would go out and kind of explain 01:04:03.989 --> 01:04:04.519 things to 01:04:04.519 --> 01:04:07.519 And if it's not gonna meet their criteria, they really need 01:04:07.519 --> 01:04:08.519 that tree moved in 01:04:08.519 --> 01:04:12.050 Okay, but it serves that benefit of nothing else. It just 01:04:12.050 --> 01:04:14.519 it's an educational tool right up and even 01:04:15.039 --> 01:04:18.070 Since being in here and didn't I've had that opportunity to 01:04:18.070 --> 01:04:22.269 meet with you know, at least a few property owners that you 01:04:22.269 --> 01:04:22.719 know, initially 01:04:23.239 --> 01:04:25.849 you know, they want to take out a tree and I talked to them 01:04:25.849 --> 01:04:28.059 find out what they're what they're really trying to 01:04:28.059 --> 01:04:28.840 accomplish and 01:04:29.400 --> 01:04:33.639 and in most cases pruning can't accomplish, you know what 01:04:33.639 --> 01:04:33.960 they 01:04:34.679 --> 01:04:38.170 Trying to accomplish by taking out the entire tree at a 01:04:38.170 --> 01:04:39.079 lower cost 01:04:40.199 --> 01:04:41.760 Commissioner Ellis 01:04:41.760 --> 01:04:44.710 Thank you chair. Yeah, I guess what I was trying to to 01:04:44.710 --> 01:04:47.039 clarify in there too like with the old code 01:04:48.039 --> 01:04:50.860 Which I know has holes in all but but for a typical home 01:04:50.860 --> 01:04:51.360 owner 01:04:52.159 --> 01:04:55.369 Thinking about removing five trees or more. Oh, okay, then 01:04:55.369 --> 01:04:56.519 there's a versus 01:04:56.960 --> 01:05:01.110 okay, how you know, what is the height and what is the you 01:05:01.110 --> 01:05:02.320 know, the the 01:05:03.280 --> 01:05:06.469 Inch around and now do I need a permit? I mean easier for 01:05:06.469 --> 01:05:09.340 them to wrap their head around something that was just more 01:05:09.340 --> 01:05:10.239 simply explained 01:05:11.159 --> 01:05:13.519 Which that one they could wrap their head around. Oh if I'm 01:05:13.519 --> 01:05:16.739 taking out more than five. Okay, I need to call the city 01:05:17.639 --> 01:05:20.539 So I guess that's what I'm looking for. Just more more 01:05:20.539 --> 01:05:23.980 clarity and for a typical homeowner to understand 01:05:24.519 --> 01:05:26.519 What is required of them? 01:05:27.840 --> 01:05:31.579 Commissioner Sullivan, thank you any idea what the cost is 01:05:31.579 --> 01:05:32.840 for the 01:05:34.280 --> 01:05:36.280 application fee 01:05:36.719 --> 01:05:41.539 An ISA certified arborist's preservation plan and the 01:05:41.539 --> 01:05:43.119 protection signage 01:05:43.199 --> 01:05:46.159 What is the cost to a homeowner if they were wanting to? 01:05:46.960 --> 01:05:50.949 Remove a tree. Well a homeowner would not be required to 01:05:50.949 --> 01:05:54.360 have a tree survey to you know, take out 01:05:54.880 --> 01:05:56.880 You know a tree 01:05:57.480 --> 01:05:59.480 You know 01:05:59.599 --> 01:06:02.960 That's not what's stated here. Yeah, I mean if they're just 01:06:02.960 --> 01:06:05.079 doing a small project that's different 01:06:05.079 --> 01:06:08.099 I mean that that language for you know, the the survey that 01:06:08.099 --> 01:06:11.159 's really geared towards, you know your new development 01:06:12.159 --> 01:06:14.480 Putting in a swimming pool isn't classified as new 01:06:14.480 --> 01:06:18.179 development. It's really classified as a as a modification 01:06:18.179 --> 01:06:19.920 to the existing property 01:06:20.280 --> 01:06:23.909 So it's a different type of a permit that you would have 01:06:23.909 --> 01:06:25.559 for that versus, you know 01:06:25.559 --> 01:06:28.489 If you're building something from the ground up so they 01:06:28.489 --> 01:06:30.960 would not be required to you know 01:06:30.960 --> 01:06:34.000 Have a full survey now if it was, you know 01:06:34.000 --> 01:06:37.440 Single-family lot and they were building a new house on 01:06:37.440 --> 01:06:38.559 that lot 01:06:38.559 --> 01:06:41.360 Then you know, they would be required to to have that 01:06:41.360 --> 01:06:44.440 survey just as any other development 01:06:44.440 --> 01:06:47.539 So this one was areas that we get cleared up when we design 01:06:47.539 --> 01:06:49.159 ate the difference between 01:06:50.239 --> 01:06:52.239 developer and homeowner 01:06:52.239 --> 01:06:53.480 Gotcha 01:06:53.480 --> 01:06:56.670 On a follow-up on Commissioner Sells. Do we have a cost of 01:06:56.670 --> 01:06:59.360 what it is for the people that it won't apply to? 01:06:59.679 --> 01:07:03.400 It will apply to others. So how much does that cost? Well, 01:07:03.400 --> 01:07:05.239 just recently I received 01:07:05.840 --> 01:07:09.760 two part two estimates from two different companies on 01:07:10.440 --> 01:07:14.199 Tree surveys for a 38 acre site and I have them to give me 01:07:14.199 --> 01:07:16.239 basically five different options 01:07:16.760 --> 01:07:20.639 One option was a hundred percent inventory of the entire 01:07:20.639 --> 01:07:20.980 site 01:07:21.559 --> 01:07:25.900 One option the second option was an inventory of just the 01:07:25.900 --> 01:07:27.400 area that was being developed 01:07:27.599 --> 01:07:31.280 The third option was a sample inventory of the entire site 01:07:31.960 --> 01:07:34.570 The fourth option was a sample inventory of just the part 01:07:34.570 --> 01:07:38.969 that was being developed and the fifth option was basically 01:07:38.969 --> 01:07:39.119 a 01:07:39.760 --> 01:07:41.199 tree canopy 01:07:41.199 --> 01:07:43.199 type analysis of the property 01:07:43.880 --> 01:07:45.880 on the high end 01:07:46.760 --> 01:07:49.230 Having the hundred percent inventory, which is what we 01:07:49.230 --> 01:07:51.119 require either the hundred percent inventory 01:07:51.880 --> 01:07:54.659 Or the sample inventory is acceptable under the current 01:07:54.659 --> 01:07:55.000 code 01:07:56.360 --> 01:07:59.000 My quotes were between ten and fifteen thousand dollars for 01:07:59.000 --> 01:08:01.199 that hundred percent inventory 01:08:02.000 --> 01:08:04.000 for that 01:08:04.719 --> 01:08:07.400 Analysis of just a canopy I was looking at around 01:08:08.840 --> 01:08:12.360 2500 to 3500 so, you know, we're talking the savings 01:08:13.039 --> 01:08:15.039 of about you know anywhere from 01:08:15.440 --> 01:08:17.840 You know 70 to you know 01:08:18.600 --> 01:08:22.319 35% or so based on you know that quote that I received so 01:08:22.319 --> 01:08:24.199 the cost the cost is quite a bit less 01:08:24.920 --> 01:08:28.079 In fact, a lot of the work can be done remotely 01:08:28.840 --> 01:08:32.649 the the person that survey and would only really need to 01:08:32.649 --> 01:08:34.319 visit the site just to verify that 01:08:35.279 --> 01:08:38.439 What their imagery is showing us is accurate? 01:08:39.039 --> 01:08:42.859 And in some instances, you know, it just kind of depends on 01:08:42.859 --> 01:08:43.520 who's doing it 01:08:43.640 --> 01:08:47.000 There's a technology to fly drone over property to do 01:08:47.000 --> 01:08:47.800 canopy 01:08:49.399 --> 01:08:54.220 Assessments and you know fees straight into the the common, 01:08:54.220 --> 01:08:56.800 you know our GIS program 01:08:56.800 --> 01:08:59.279 So, you know cost wise it's a lot less 01:09:00.279 --> 01:09:02.439 You know time wise it's a lot less 01:09:05.640 --> 01:09:07.640 Okay 01:09:09.319 --> 01:09:10.920 So 01:09:10.920 --> 01:09:12.800 true removal 01:09:12.800 --> 01:09:16.520 Permit review and approval process. So this is where we get 01:09:16.520 --> 01:09:20.159 into new development here and the requirements for you know 01:09:20.159 --> 01:09:21.399 , new development or redevelopment 01:09:22.239 --> 01:09:24.829 so a developer must submit a complete application along 01:09:24.829 --> 01:09:26.840 with applicable fees as 01:09:27.560 --> 01:09:30.350 determined by the most recent fee ordinance a developer 01:09:30.350 --> 01:09:32.039 must submit a tree survey and 01:09:32.560 --> 01:09:36.720 Tree preservation plan if required as stated here in 01:09:37.239 --> 01:09:40.529 With the tree removal permit application and the tree 01:09:40.529 --> 01:09:43.739 survey or tree preservation plan must be prepared or 01:09:43.739 --> 01:09:45.039 certified by an ISA 01:09:45.560 --> 01:09:47.279 certified arborist 01:09:47.279 --> 01:09:50.560 so the big difference in this section is 01:09:53.319 --> 01:09:57.239 Under the existing code there was a list of individuals 01:09:57.960 --> 01:10:01.050 There was you know lists of botanists an urban forester a 01:10:01.050 --> 01:10:02.600 landscape architect 01:10:03.439 --> 01:10:05.439 a forester a 01:10:05.920 --> 01:10:07.920 surveyor with 10 hours of 01:10:08.640 --> 01:10:13.460 of tree ID experience was was qualified to provide this 01:10:13.460 --> 01:10:13.760 survey 01:10:15.800 --> 01:10:18.520 It was good because it provided variety but from my 01:10:18.520 --> 01:10:21.239 perspective and reviewing those applications 01:10:21.239 --> 01:10:25.319 I had no way of really verifying those credentials short of 01:10:26.000 --> 01:10:28.970 Requiring them to send me, you know a degree or some type 01:10:28.970 --> 01:10:31.800 of certificate that they actually you know had some 01:10:31.800 --> 01:10:33.439 experience or training 01:10:34.119 --> 01:10:38.000 That qualified them to do this type of work with the ISA 01:10:38.000 --> 01:10:38.800 certification 01:10:38.800 --> 01:10:43.199 I can verify their credentials through the ISA website 01:10:43.600 --> 01:10:46.239 You know just simply be requiring them to have their 01:10:47.600 --> 01:10:50.420 Certified arborist number on the application when they sign 01:10:50.420 --> 01:10:53.880 off just as you would you know for you know license 01:10:55.840 --> 01:10:58.119 Engineer or any other licensed professional 01:11:01.039 --> 01:11:03.039 So the next section 01:11:04.479 --> 01:11:07.909 Is what's left unchanged the tree permits if it's just for 01:11:07.909 --> 01:11:12.880 tree permit is good for 180 days if it's attached to 01:11:14.760 --> 01:11:17.979 Building permits site plan clearing grade clearing grubbing 01:11:17.979 --> 01:11:20.800 gas will plat glass will site plan 01:11:20.800 --> 01:11:23.439 It runs as long as that those 01:11:24.239 --> 01:11:27.149 Permits are active so it could be go beyond the hundred and 01:11:27.149 --> 01:11:29.279 eighty days in those instances 01:11:31.359 --> 01:11:34.939 Okay, so after true removal permit is issued the developer 01:11:34.939 --> 01:11:35.279 must 01:11:37.880 --> 01:11:41.630 This section has changed to from reading this right I have 01:11:41.630 --> 01:11:44.000 a backup for just a second or three 01:11:45.399 --> 01:11:47.640 Is there a mention of a final plat? 01:11:50.640 --> 01:11:53.779 Or why is a final plat not included in that because that's 01:11:53.779 --> 01:11:56.119 at the point that the 01:12:00.479 --> 01:12:04.319 The survey and all that stuff is done is that correct yeah, 01:12:04.319 --> 01:12:07.869 but even after you final plat these the permits that are 01:12:07.869 --> 01:12:08.199 listed 01:12:08.199 --> 01:12:10.920 You know typically come after the final plat 01:12:11.600 --> 01:12:14.510 So after your final plat, you know if you're going, you 01:12:14.510 --> 01:12:17.060 know straight to building you have your building permit 01:12:17.060 --> 01:12:19.609 Or if you you know are getting a clearing grade prior to 01:12:19.609 --> 01:12:21.279 the building you would have that clearing grade 01:12:21.600 --> 01:12:24.840 So it would run with those applicable permits 01:12:28.680 --> 01:12:30.680 Okay 01:12:32.359 --> 01:12:34.359 Yeah, otherwise 01:12:34.359 --> 01:12:36.710 You would be required to put up your tree protection when 01:12:36.710 --> 01:12:38.479 you got your final plant 01:12:38.840 --> 01:12:41.739 Okay, which you know a lot of times, you know, the final 01:12:41.739 --> 01:12:43.079 plant is approved and issued 01:12:43.600 --> 01:12:46.460 you know, it could be a year before you come out to the 01:12:46.460 --> 01:12:47.199 site so and 01:12:47.920 --> 01:12:50.399 Then you may not be ready to put up tree protection if you 01:12:50.399 --> 01:12:53.079 do by the time you actually there to develop you may have 01:12:53.079 --> 01:12:55.079 To put it up again. Well, I'm trying to make 01:12:55.640 --> 01:12:59.359 I've got a lot of notes and some of these is just when you 01:12:59.359 --> 01:13:02.920 do the surveys that are required in the beginning part that 01:13:02.920 --> 01:13:03.520 they don't 01:13:04.000 --> 01:13:06.949 expire and you have to come back and do them again before 01:13:06.949 --> 01:13:07.600 you get to 01:13:08.239 --> 01:13:11.210 these steps, so I don't know if there's an exploration or 01:13:11.210 --> 01:13:11.640 not on 01:13:13.359 --> 01:13:15.079 The 01:13:15.079 --> 01:13:17.079 ISA approved 01:13:18.199 --> 01:13:20.689 Plan that you're doing I'm sorry. I don't have all the 01:13:20.689 --> 01:13:23.279 language. You're great turn to me red lines on this 01:13:23.439 --> 01:13:27.229 Yeah, and that that that would go along with your site plan 01:13:27.229 --> 01:13:29.840 once this approved it's approved 01:13:30.640 --> 01:13:32.640 So your your tree 01:13:34.000 --> 01:13:36.479 Preservation plan mitigation plan would be approved 01:13:37.199 --> 01:13:40.840 Either which are your site plan or your final plat 01:13:41.600 --> 01:13:44.199 Just kind of depends on on what track you're going on with 01:13:44.199 --> 01:13:45.640 with your development 01:13:45.720 --> 01:13:49.800 But once that is approved for that development is approved. 01:13:49.800 --> 01:13:51.039 It doesn't expire 01:13:51.840 --> 01:13:53.760 now if you 01:13:53.760 --> 01:13:57.289 Didn't get your your project approved at that time and it 01:13:57.289 --> 01:14:00.119 was left open and you know you come back 01:14:00.279 --> 01:14:03.819 You know two years or more later, then you'll be required 01:14:03.819 --> 01:14:04.680 to redo that 01:14:05.640 --> 01:14:08.560 That survey because you know trees grow they get bigger or 01:14:08.560 --> 01:14:11.500 trees die. There may be less out there. So 01:14:12.119 --> 01:14:14.520 That's how that that would run. Okay 01:14:15.119 --> 01:14:17.119 Thank you. Mm-hmm 01:14:19.199 --> 01:14:22.199 So the next section number four 01:14:23.720 --> 01:14:26.010 After the tree removal permit is issued developer must 01:14:26.010 --> 01:14:29.039 obtain tree protection signs from the city 01:14:29.880 --> 01:14:34.689 That actually is changing and it didn't make this change to 01:14:34.689 --> 01:14:37.000 where we're you know, basically gonna 01:14:37.840 --> 01:14:41.140 Have the template for the sign available, but you know, 01:14:41.140 --> 01:14:41.800 that would be 01:14:42.920 --> 01:14:45.199 Something that the developer would would provide 01:14:46.359 --> 01:14:49.119 Versus, you know the city providing those signs 01:14:51.840 --> 01:14:53.399 Commissioner Ellis 01:14:53.399 --> 01:14:56.000 Thank you. You know, I have a legal question 01:14:57.239 --> 01:15:00.430 Since our quorum has is gone at the moment. Do we need to 01:15:00.430 --> 01:15:02.279 halt or are we good? I 01:15:03.439 --> 01:15:05.439 Didn't notice he had stepped out. I 01:15:05.760 --> 01:15:09.079 Apologize no that I didn't that's a question. I don't I don 01:15:09.079 --> 01:15:10.460 't really know the answer that are we good? 01:15:11.079 --> 01:15:14.020 I'm gonna assume that we're good because we're not taking a 01:15:14.020 --> 01:15:16.920 vote or taking any action that requires a quorum. Right? 01:15:17.640 --> 01:15:21.069 Yeah, we're oh no, I figured he was yeah. No, we're still 01:15:21.069 --> 01:15:22.760 in session and so long as you're not actually 01:15:23.920 --> 01:15:26.760 Having to make take an action on something. We're okay. 01:15:26.760 --> 01:15:28.770 Very good. Thank you for answering that but hey what on 01:15:28.770 --> 01:15:29.319 that that 01:15:29.760 --> 01:15:31.760 Line item there that we were discussing 01:15:32.079 --> 01:15:34.520 Where it says that you're posting the signage at any 01:15:34.520 --> 01:15:35.920 location? What does that mean? 01:15:36.039 --> 01:15:38.920 That means in the areas where you're protecting trees you 01:15:38.920 --> 01:15:40.199 may have you know 01:15:40.520 --> 01:15:41.840 multiple 01:15:41.840 --> 01:15:43.439 tree protection 01:15:43.439 --> 01:15:46.920 Areas and so you'd be required to have postings on those 01:15:46.920 --> 01:15:48.460 tree protection areas 01:15:48.460 --> 01:15:52.239 so that's where and I know it's kind of not as specific or 01:15:53.600 --> 01:15:56.979 The way is stated but that's that's basically what it means 01:15:56.979 --> 01:15:59.560 that in your tree protection zone, you'll have signage 01:15:59.960 --> 01:16:03.000 So at all locations on on it or yes 01:16:03.000 --> 01:16:06.029 So if you may have you know a 30 acre site and you're 01:16:06.029 --> 01:16:08.060 preserving trees in four different areas 01:16:08.060 --> 01:16:10.210 Well, each one of those areas will have to be posted with 01:16:10.210 --> 01:16:10.760 the signage 01:16:11.960 --> 01:16:15.000 Okay, so I would probably say to clean that up just because 01:16:15.000 --> 01:16:17.960 it it looks like you can post it on any location and not 01:16:17.960 --> 01:16:18.199 all 01:16:18.319 --> 01:16:21.479 locations and so I was confused at that 01:16:22.159 --> 01:16:24.159 Thanks 01:16:26.920 --> 01:16:28.920 Okay 01:16:28.960 --> 01:16:31.720 Any other questions or comments on this section? 01:16:38.060 --> 01:16:40.060 Okay 01:16:40.079 --> 01:16:42.079 Our next section 01:16:42.439 --> 01:16:46.039 Administration administrative remedy and this is a totally 01:16:46.039 --> 01:16:50.920 new section relied heavily on our legal to to craft this 01:16:52.800 --> 01:16:54.800 This section 01:16:54.800 --> 01:16:58.880 So any person who removes or intentionally destroys a tree 01:16:58.880 --> 01:17:01.479 preserved or plan on the subchapter 01:17:02.560 --> 01:17:05.520 under subchapter 35 13 7 01:17:06.119 --> 01:17:10.149 While the tree is alive shall mitigate each tree at two 01:17:10.149 --> 01:17:13.460 times the rate stated in the subchapter each replacement 01:17:13.460 --> 01:17:14.119 tree shall meet the 01:17:14.119 --> 01:17:17.699 Standards that stated in this subchapter and as approved by 01:17:17.699 --> 01:17:19.619 the city urban forester 01:17:20.079 --> 01:17:24.260 So basically this has to do with you know, someone that's 01:17:25.119 --> 01:17:29.500 Willfully damaging a tree that was slated to be preserved 01:17:30.399 --> 01:17:32.399 in their tree preservation 01:17:33.119 --> 01:17:35.119 plan 01:17:35.640 --> 01:17:37.560 the next section 01:17:37.560 --> 01:17:41.359 each tree preserved under subchapter that dies within three 01:17:41.359 --> 01:17:41.920 years of 01:17:42.720 --> 01:17:45.819 Approval share mitigate shall be mitigated by the property 01:17:45.819 --> 01:17:47.439 owner as stated in this subchapter 01:17:49.119 --> 01:17:52.380 So, you know, we don't want the development some trees they 01:17:52.380 --> 01:17:55.560 take a while, you know after construction damage to 01:17:55.560 --> 01:17:56.319 actually 01:17:56.319 --> 01:17:57.760 You know so signs are to die 01:17:57.760 --> 01:18:01.239 So this is to capture those trees that that may not make 01:18:01.239 --> 01:18:04.340 make it through the the construction process 01:18:06.119 --> 01:18:09.430 Question on that. Is there a time frame on that three years 01:18:09.430 --> 01:18:09.720 is 01:18:10.800 --> 01:18:13.659 That referring back in which section does it say three 01:18:13.659 --> 01:18:14.420 years? 01:18:15.039 --> 01:18:18.260 Number two right here each tree preserved under sub chapter 01:18:18.260 --> 01:18:21.479 35 13 7 that dies within three years of 01:18:21.720 --> 01:18:24.649 The approval shall be mitigated by the I'm sorry. I'm on 01:18:24.649 --> 01:18:26.359 number three. I apologize 01:18:26.359 --> 01:18:30.079 I'll skip ahead it just says dies and it doesn't say within 01:18:30.079 --> 01:18:31.880 three years up on that to me 01:18:33.319 --> 01:18:36.960 Okay. Yeah. Well the next section doesn't have a time limit 01:18:36.960 --> 01:18:39.779 It's each tree planted under the sub chapter that dies 01:18:39.779 --> 01:18:40.760 shall be replanted 01:18:41.319 --> 01:18:44.199 With an approved tree on the and the appropriate planting 01:18:44.199 --> 01:18:46.279 season by the property owner 01:18:46.840 --> 01:18:50.869 It's indefinite. Yes, why is it indefinite instead of three 01:18:50.869 --> 01:18:51.239 years? 01:18:53.560 --> 01:18:55.560 Because we want to maintain the 01:18:56.279 --> 01:18:59.279 Landscaping that's being put back on these sites 01:18:59.800 --> 01:19:02.710 You know the idea is not to just put something there and 01:19:02.710 --> 01:19:04.800 you know, then it died in you know 01:19:04.800 --> 01:19:08.250 Two years and then it not be replaced the idea is to to put 01:19:08.250 --> 01:19:09.960 it on there and to have 01:19:11.000 --> 01:19:13.750 That site continuing to meet their landscape canopy 01:19:13.750 --> 01:19:15.720 requirements for the site 01:19:19.079 --> 01:19:21.869 Well, I think we need to have some more conversation about 01:19:21.869 --> 01:19:23.079 that I mean 01:19:25.039 --> 01:19:28.760 Indefinite is forever and it goes to the spirit just like 01:19:28.760 --> 01:19:30.640 the pre-tree preservation 01:19:30.640 --> 01:19:32.720 So if we preserve trees and they die 01:19:33.600 --> 01:19:36.340 It's kind of saying we're losing tree canopy there, but 01:19:36.340 --> 01:19:39.869 those trees don't have to be replanted. So planted trees 01:19:39.869 --> 01:19:40.439 have to be 01:19:41.239 --> 01:19:44.119 Done indefinitely preserve trees do not 01:19:48.119 --> 01:19:52.390 Yeah, and the idea is you know as trees die we want them to 01:19:52.390 --> 01:19:55.399 be replaced so that we don't end up with 01:19:55.720 --> 01:19:57.720 You know a property that 01:19:57.800 --> 01:20:00.819 You know five years after a built, you know, there's you 01:20:00.819 --> 01:20:04.000 know, beautiful landscapes and 15 years after it's built, 01:20:04.000 --> 01:20:04.319 you know 01:20:04.319 --> 01:20:08.039 You have you know some event or something that causes, you 01:20:08.039 --> 01:20:10.760 know the trees to die and then you just leave the site dev 01:20:10.760 --> 01:20:11.399 oid of trees 01:20:12.319 --> 01:20:16.060 So it's it's you know protecting or actually providing for 01:20:16.060 --> 01:20:17.079 a continual 01:20:18.239 --> 01:20:20.420 landscape for you know for the properties 01:20:22.880 --> 01:20:25.159 Does this apply to homeowners in 01:20:25.880 --> 01:20:27.880 so if a person 01:20:28.560 --> 01:20:31.189 buys a property or a commercial property and they have a 01:20:31.189 --> 01:20:32.899 planted tree that dies they 01:20:33.920 --> 01:20:36.329 For whoever owns it 20 years after that was originally 01:20:36.329 --> 01:20:39.000 built. They have to replant that tree. I 01:20:40.000 --> 01:20:42.640 Think we probably need to clarify that especially when we 01:20:42.640 --> 01:20:43.859 go back and look at 01:20:44.800 --> 01:20:47.520 Separating out what applies to the homeowner and then what 01:20:47.520 --> 01:20:50.520 applies to commercial development. So let's take a look at 01:20:50.520 --> 01:20:50.640 that 01:20:52.640 --> 01:20:54.880 I can see three years that it's just like the other but 01:20:54.880 --> 01:20:56.800 indefinite is forever 01:20:58.560 --> 01:21:00.560 Okay, thank you 01:21:02.359 --> 01:21:06.779 Okay, I'm sorry Commissioner back thank you chair. Yeah in 01:21:06.779 --> 01:21:10.560 addition to that it does say property owner so 01:21:11.880 --> 01:21:14.649 That makes you think that five years later dies the person 01:21:14.649 --> 01:21:16.880 that's been living there for five years now 01:21:17.920 --> 01:21:20.880 Do we go back to the developer? Is he the property owner? 01:21:20.880 --> 01:21:22.739 We're talking about or are we talking about the property 01:21:22.739 --> 01:21:23.039 owner? 01:21:24.039 --> 01:21:26.039 One that's actually living 01:21:27.720 --> 01:21:31.439 Now if the tree dies under conditions, you know acts of God 01:21:31.439 --> 01:21:33.600 that doesn't count correct 01:21:37.439 --> 01:21:39.829 I mean if it's if it wasn't planted right or there's 01:21:39.829 --> 01:21:43.060 something but there's some things that people can't control 01:21:43.060 --> 01:21:44.600 tornado rips it out 01:21:45.239 --> 01:21:47.239 They're still expected to replace it 01:21:47.479 --> 01:21:50.439 If the tornado ripped the roof off that was required. Are 01:21:50.439 --> 01:21:53.319 you respected to replace it? It's an apple and oranges 01:21:53.319 --> 01:21:53.600 thing 01:21:53.600 --> 01:21:57.439 I mean, I understand the need to keep the 30% 01:21:59.199 --> 01:22:02.310 Canopy I really do and I'm for that I support that but in 01:22:02.310 --> 01:22:03.800 certain conditions 01:22:03.800 --> 01:22:06.390 It seems like that may be an area where the tree fun could 01:22:06.390 --> 01:22:07.720 come in and help a little bit 01:22:07.720 --> 01:22:11.130 Oh, here comes no. Yeah, and let me give one what one quick 01:22:11.130 --> 01:22:13.039 sound bite before my know gets to the mic 01:22:15.520 --> 01:22:16.729 Keep them beautiful gives way trees every year to 01:22:16.729 --> 01:22:21.239 homeowners for planting on their private property at their 01:22:21.239 --> 01:22:22.479 annual giveaway 01:22:22.560 --> 01:22:25.470 Say it again. I'm sorry start even beautiful has an annual 01:22:25.470 --> 01:22:26.159 tree giveaway 01:22:26.159 --> 01:22:29.199 Okay, or free trees are given away to homeowners to plant 01:22:29.199 --> 01:22:30.439 on their private property 01:22:30.560 --> 01:22:33.819 So they may have to replace that tree, but it may not be 01:22:33.819 --> 01:22:36.739 necessarily at a cost to them. Okay 01:22:38.680 --> 01:22:41.140 If I can seek some clarification and then I'll make a 01:22:41.140 --> 01:22:43.119 statement I 01:22:44.239 --> 01:22:48.510 Think what we need to and Chandran has referred to it is go 01:22:48.510 --> 01:22:50.680 ahead and compartmentalize 01:22:51.119 --> 01:22:54.010 For the lack of a better word this ordinance as it relates 01:22:54.010 --> 01:22:56.680 to we talked about new development redevelopment 01:22:56.680 --> 01:22:59.310 Let's talk about residential and non-residential 01:22:59.310 --> 01:23:02.239 development. It also goes to the whole discussion on 01:23:02.720 --> 01:23:05.840 the overall comprehensive ordinance as it relates to 01:23:06.359 --> 01:23:08.409 Landscaping and the tree code the tree code that we're 01:23:08.409 --> 01:23:09.439 discussing tonight 01:23:09.880 --> 01:23:12.710 Which goes back to a thought that I would like to a seed 01:23:12.710 --> 01:23:16.020 that I would like to plant in the commissioners minds is 01:23:16.560 --> 01:23:19.439 In other communities that I have had the opportunity to 01:23:19.439 --> 01:23:21.960 work in not necessarily the right thing 01:23:21.960 --> 01:23:23.960 But just to see that I'm planting 01:23:23.960 --> 01:23:26.800 When a non-residential development is developed it complies 01:23:26.800 --> 01:23:30.119 with specific landscaping and screening requirements 01:23:31.640 --> 01:23:33.640 During the life of that 01:23:34.920 --> 01:23:36.920 Non-residential development 01:23:37.920 --> 01:23:41.210 That landscaping is enforced through zoning enforcement 01:23:41.210 --> 01:23:44.949 officers, for example. So if there if there is landscaping 01:23:44.949 --> 01:23:45.880 that needs to be 01:23:46.760 --> 01:23:50.479 replaced per the requirements that were adopted as part of 01:23:50.479 --> 01:23:50.699 the 01:23:51.439 --> 01:23:54.350 Site plan and the landscape plan and what have you that 01:23:54.350 --> 01:23:58.439 follows the life of that program if the use changes hands 01:23:59.640 --> 01:24:02.689 Again, we go back to the tree the landscaping ordinance in 01:24:02.689 --> 01:24:05.409 terms of if it's a non-residential use then the landscaping 01:24:05.409 --> 01:24:06.000 is pretty much 01:24:06.119 --> 01:24:09.199 Similar to what you have there unless it changes to an 01:24:09.199 --> 01:24:12.479 industrial use where perhaps if you had succinct code your 01:24:12.479 --> 01:24:13.119 parking lot 01:24:13.359 --> 01:24:16.279 Landscaping requirement would be different. So just to see 01:24:16.279 --> 01:24:17.239 that I'm planting 01:24:17.640 --> 01:24:20.590 If you want to respond whether you think favorably of 01:24:20.590 --> 01:24:22.140 something like that or not 01:24:22.140 --> 01:24:24.779 I want to stick to the three years just a thought that I 01:24:24.779 --> 01:24:26.439 wanted to plant there, but 01:24:27.039 --> 01:24:30.420 For the most part from what I'm understanding the questions 01:24:30.420 --> 01:24:34.699 are relatively directed towards it seems that the ordinance 01:24:34.699 --> 01:24:34.880 is 01:24:35.720 --> 01:24:38.770 too jumbled and not separated enough as it relates to 01:24:38.770 --> 01:24:40.000 specificity of 01:24:41.199 --> 01:24:42.800 commercial 01:24:42.800 --> 01:24:44.800 non-residential residential redevelopment and new 01:24:44.800 --> 01:24:45.439 development I 01:24:46.479 --> 01:24:49.000 Think that's some of them and the time frame 01:24:49.760 --> 01:24:51.760 on your end up 01:24:52.000 --> 01:24:55.720 I appreciate the clarification. I brought up the commercial 01:24:55.720 --> 01:24:57.720 I started with residential and went to the commercial 01:24:57.720 --> 01:25:00.079 I can see the difference and understand the commercial has 01:25:00.079 --> 01:25:02.279 a different permit and applicability 01:25:02.960 --> 01:25:07.159 The residential does not and this would apply to both 01:25:07.159 --> 01:25:09.479 residential and commercial 01:25:10.199 --> 01:25:12.840 in this situation well just to clarify 01:25:14.279 --> 01:25:17.399 Residential has two sub components and then you have 01:25:17.399 --> 01:25:20.250 commercial so you have the residential that's developed as 01:25:20.250 --> 01:25:20.319 a 01:25:21.039 --> 01:25:24.199 residential subdivision, and then you have the individual 01:25:25.399 --> 01:25:28.960 property owner that's maintaining their property and what 01:25:28.960 --> 01:25:29.760 we want to do is 01:25:30.920 --> 01:25:34.680 classify the residential subdivision that's being developed 01:25:34.680 --> 01:25:34.880 as 01:25:35.640 --> 01:25:37.579 Hold them to the same standards as the commercial 01:25:37.579 --> 01:25:41.159 development, but the homeowner who's maintaining their site 01:25:41.920 --> 01:25:43.920 gets relief 01:25:44.680 --> 01:25:46.630 relief they don't have to do the preservation and 01:25:46.630 --> 01:25:47.800 mitigation because 01:25:48.319 --> 01:25:51.630 That's ideally I really accounted for before they purchased 01:25:51.630 --> 01:25:52.119 the lot 01:25:52.680 --> 01:25:55.810 That's the thought and we haven't done a good job of making 01:25:55.810 --> 01:25:56.600 that clear 01:25:56.600 --> 01:26:00.739 But we will go back and fix that the sections that we will 01:26:00.739 --> 01:26:03.680 modify and where we can modify is under 01:26:04.199 --> 01:26:05.560 applicability 01:26:05.560 --> 01:26:08.640 Exemptions and then we'll clean up the area about the 01:26:08.640 --> 01:26:11.880 permit so those that's where you look for those changes 01:26:11.880 --> 01:26:12.319 that 01:26:13.960 --> 01:26:17.680 Commissioner Ellis, thank you. Yeah, and on this the same 01:26:17.680 --> 01:26:20.970 subject. I think it's it's just the real real life day-to- 01:26:20.970 --> 01:26:21.279 day 01:26:22.239 --> 01:26:24.340 Thinking that I think that we're referring to with the home 01:26:24.340 --> 01:26:24.720 owner 01:26:24.720 --> 01:26:27.680 I mean what happens if the tree gets struck by lightning 01:26:27.680 --> 01:26:29.239 you lose half of it 01:26:29.239 --> 01:26:30.819 And you're really trying to keep it together, and you just 01:26:30.819 --> 01:26:32.039 might not be able to keep it together 01:26:32.720 --> 01:26:35.359 You know is that really something that you're? 01:26:37.159 --> 01:26:39.329 That you're trying to do here with this code, and I think 01:26:39.329 --> 01:26:40.479 we're trying to 01:26:42.039 --> 01:26:45.899 To yeah clear that up in the real world of the everyday 01:26:45.899 --> 01:26:47.119 life of a homeowner 01:26:47.760 --> 01:26:49.760 I'm gonna take it a step further 01:26:49.920 --> 01:26:51.920 This example that it's one tree 01:26:53.039 --> 01:26:56.119 We've got a very high mitigation right now. There's only 01:26:56.119 --> 01:26:59.260 gonna be certain locations that you can and I won't get too 01:26:59.260 --> 01:27:00.000 far off topic 01:27:00.000 --> 01:27:01.800 There's only gonna be certain locations 01:27:01.800 --> 01:27:04.970 You're gonna be able to plant these mitigation trees can't 01:27:04.970 --> 01:27:06.520 play them in all the streets 01:27:06.920 --> 01:27:09.640 So they'll be on private at some point. They're gonna be on 01:27:09.640 --> 01:27:10.800 private property 01:27:11.359 --> 01:27:13.760 Residential areas does have a street tree requirements 01:27:13.760 --> 01:27:14.039 Yeah 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 01:27:17.140 --> 01:27:19.180 they have a heavily treed site 01:27:19.180 --> 01:27:21.859 And they have to then mitigate it one to six 01:27:23.079 --> 01:27:25.989 They may have we may have an issue and don't talk about 01:27:25.989 --> 01:27:26.279 that 01:27:26.840 --> 01:27:29.659 Let me get through here of being able to mitigate all of 01:27:29.659 --> 01:27:32.560 those trees are required in that particular 01:27:33.560 --> 01:27:36.550 development by the time you take out building sites for the 01:27:36.550 --> 01:27:38.520 homes and the driveways and 01:27:39.159 --> 01:27:42.039 swimming pools and all that you're gonna be limited to a 01:27:42.039 --> 01:27:43.899 fairly small area that's 01:27:44.680 --> 01:27:47.600 ability to have a tree still on that lot and 01:27:48.279 --> 01:27:52.590 So you may end up having some of these lots that have five 01:27:52.590 --> 01:27:55.920 six ten whatever trees and if something happens to them 01:27:56.000 --> 01:27:58.279 They're not just replacing one. They're doing 01:27:58.880 --> 01:28:01.989 Ten they have to unless they are going to be excluded. So I 01:28:01.989 --> 01:28:02.600 think it's a 01:28:03.960 --> 01:28:06.800 That's why I think in the practicals and you go to the all 01:28:06.800 --> 01:28:07.060 the way out 01:28:07.060 --> 01:28:09.800 It can get to be a pretty big burden on somebody. So I'm 01:28:09.800 --> 01:28:12.600 glad to see it be excluded on the single-family 01:28:13.300 --> 01:28:17.079 Commissioner Sullivan, I'm curious. How is all this going 01:28:17.079 --> 01:28:17.800 to be enforced? 01:28:18.319 --> 01:28:20.829 There could be drones flying around everybody's property 01:28:20.829 --> 01:28:24.359 with pictures and maps of when they were first built or 01:28:24.359 --> 01:28:25.239 what's 01:28:25.680 --> 01:28:27.979 How's this all going to be enforced? And what is the cost 01:28:27.979 --> 01:28:29.039 of that gonna be? 01:28:29.960 --> 01:28:32.279 That's that's you know, that's a good question 01:28:33.800 --> 01:28:37.229 You know the idea, you know as far as you know residential 01:28:37.229 --> 01:28:38.119 subdivision 01:28:38.720 --> 01:28:41.680 You know, they will be required to have a street tree plan 01:28:41.680 --> 01:28:44.939 So you would have a documentation of street trees that you 01:28:44.939 --> 01:28:47.119 know are required to be to be planted 01:28:47.760 --> 01:28:51.479 When whenever the the CEO is issued for the house, you know 01:28:51.479 --> 01:28:53.399 our building inspectors, you know 01:28:53.399 --> 01:28:55.880 They you know inspect for those things also 01:28:58.279 --> 01:29:00.279 I'm referring to like five years later 01:29:01.000 --> 01:29:03.430 Somebody gonna knock out of the door say we need your tree 01:29:03.430 --> 01:29:03.800 papers 01:29:08.239 --> 01:29:11.439 Just thinking about development as a whole what typically 01:29:11.439 --> 01:29:15.159 happens with any of these ordinances be it trees be parking 01:29:15.520 --> 01:29:18.479 Whatever the most vigilant 01:29:19.199 --> 01:29:22.399 Enforcers are your other property owners so they will call 01:29:22.399 --> 01:29:26.060 the city and say my neighbors cutting down trees in this 01:29:26.060 --> 01:29:26.319 backyard 01:29:26.319 --> 01:29:29.489 Does he have a permit for that? So that's pretty much how 01:29:29.489 --> 01:29:29.659 we 01:29:31.039 --> 01:29:34.199 The bulk of how we manage enforcement, but we also do have 01:29:34.199 --> 01:29:35.199 a dedicated 01:29:36.279 --> 01:29:38.279 zoning enforcement 01:29:38.319 --> 01:29:42.000 Division and the inspectors as they do construction 01:29:45.159 --> 01:29:47.270 And just looking at mitigating and replanting on a 01:29:47.270 --> 01:29:51.000 residential in a residential area 01:29:51.960 --> 01:29:55.079 Going back to that example. I had at the last PNC that one 01:29:55.079 --> 01:29:56.199 neighborhood 01:29:57.000 --> 01:29:59.369 Mitigating through planning would have amounted to 13 01:29:59.369 --> 01:30:02.159 additional trees planted on the site because I was counting 01:30:02.159 --> 01:30:03.800 all the street trees all the trees 01:30:03.800 --> 01:30:06.220 They were planted in the yards and I just counted one per 01:30:06.220 --> 01:30:07.779 house. I didn't even visit the site 01:30:07.800 --> 01:30:10.319 There could have been more than one tree planted per house 01:30:11.079 --> 01:30:14.850 But it wasn't a situation to be complied to that was 01:30:14.850 --> 01:30:15.640 requiring 01:30:15.880 --> 01:30:19.619 You know more than two trees, maybe three trees on the 01:30:19.619 --> 01:30:22.119 corner lots or four trees on corner lots 01:30:23.159 --> 01:30:26.460 Yeah, I appreciate the explanation. I'm gonna try to stay 01:30:26.460 --> 01:30:29.680 on the agenda here and to do what your wish is to go 01:30:29.680 --> 01:30:30.159 through here 01:30:30.159 --> 01:30:32.260 The only thing I'm gonna throw out on that is what I would 01:30:32.260 --> 01:30:34.560 like to when we come back to it and make note 01:30:34.560 --> 01:30:38.279 Is that there is some kind of a provision that trees can be 01:30:38.279 --> 01:30:40.500 mitigated out on other properties 01:30:40.500 --> 01:30:43.800 That might be a way to look at doing that as well in areas 01:30:43.800 --> 01:30:46.600 that it becomes an issue that you can't mitigate on 01:30:46.920 --> 01:30:50.640 The site specific that there is a provision that you can 01:30:50.640 --> 01:30:53.800 mitigate in another area as a possibility. So 01:30:55.640 --> 01:30:58.039 You're going to for and keep going 01:30:58.960 --> 01:31:00.960 Yes 01:31:01.399 --> 01:31:03.399 Okay, so 01:31:03.680 --> 01:31:06.430 Next section is just saying these mitigation remedies are 01:31:06.430 --> 01:31:07.760 in addition to enforcement 01:31:08.159 --> 01:31:11.159 Provisions in section 9 of this sub chapter. So section 9 01:31:11.159 --> 01:31:13.000 goes into basically more 01:31:13.640 --> 01:31:15.640 And we'll get to section 9 01:31:16.079 --> 01:31:19.399 Hopefully tonight, but that goes over basically 01:31:20.880 --> 01:31:22.880 Legal 01:31:23.720 --> 01:31:26.079 Legal enforcement for people that illegally 01:31:27.640 --> 01:31:30.680 Remove trees or damage trees within the city 01:31:32.479 --> 01:31:37.359 So next section 7 tree preservation plan and amendments 01:31:38.399 --> 01:31:40.399 tree preservation plan criteria 01:31:41.039 --> 01:31:44.670 True preservation plan consists and this this is all new 01:31:44.670 --> 01:31:48.270 here the next section the tree preservation plan shall 01:31:48.270 --> 01:31:48.840 consist 01:31:49.680 --> 01:31:53.890 of a tree survey and such information required by the items 01:31:53.890 --> 01:31:56.800 on the tree preservation plan checklist as 01:31:56.920 --> 01:31:59.939 Maintained for inspection in the Department of Development 01:31:59.939 --> 01:32:02.000 service doing regular business hours 01:32:02.760 --> 01:32:05.010 The city urban forest under the under the direction of the 01:32:05.010 --> 01:32:08.850 director of development service must review the tree 01:32:08.850 --> 01:32:10.520 preservation plan and any amendments 01:32:11.039 --> 01:32:14.180 There to in order to determine whether it complies with the 01:32:14.180 --> 01:32:17.130 standards of this sub chapter the didn't development code 01:32:17.130 --> 01:32:18.359 and other applicable laws 01:32:19.039 --> 01:32:23.520 So it's just basic saying, you know, you have to provide it 01:32:23.520 --> 01:32:25.880 out. The city forest is the one who's going to 01:32:26.520 --> 01:32:28.520 Review it for your your project 01:32:31.000 --> 01:32:33.000 Administrative modification and 01:32:33.159 --> 01:32:36.590 This section is new the city urban forest or with the 01:32:36.590 --> 01:32:39.199 approval of the director of development service 01:32:39.439 --> 01:32:42.159 Has the authorization to approve amendments to the true 01:32:42.159 --> 01:32:43.239 preservation plan 01:32:43.520 --> 01:32:46.340 so long as it meets the purpose and intent of this 01:32:46.340 --> 01:32:47.359 ordinance and 01:32:47.760 --> 01:32:50.970 Applicant and an applicant has made a good-faith effort to 01:32:50.970 --> 01:32:53.640 comply with the with this ordinance 01:32:53.800 --> 01:32:56.710 So what this allows for me to do is to work with the 01:32:56.710 --> 01:32:57.880 developer that has 01:32:58.199 --> 01:32:58.840 You know 01:32:58.840 --> 01:33:01.460 Maybe a small infield site that has one or two trees on it 01:33:01.460 --> 01:33:03.640 that are right in the middle of the property 01:33:03.760 --> 01:33:06.840 well, if you know your two trees are right in the middle of 01:33:06.840 --> 01:33:07.640 the property and is 01:33:08.560 --> 01:33:11.779 Preventing development that gives me the opportunity to say 01:33:11.779 --> 01:33:13.319 okay. I understand your situation 01:33:14.079 --> 01:33:16.079 We can you know 01:33:16.239 --> 01:33:19.109 Remove those trees and you know handle and mitigate them 01:33:19.109 --> 01:33:21.319 through replanting on site or whatever 01:33:22.039 --> 01:33:24.560 The developer and I you know agree upon 01:33:25.760 --> 01:33:28.479 So, you know that was put in basically to give some some 01:33:28.479 --> 01:33:29.439 flexibility 01:33:31.159 --> 01:33:33.750 Without having to go through a formal process and extend 01:33:33.750 --> 01:33:35.800 the the process of development 01:33:37.039 --> 01:33:40.119 Commissioner back. Thank you chair and I agree with this. I 01:33:40.119 --> 01:33:40.640 like this 01:33:40.640 --> 01:33:44.180 I would just like it to be clear that it will be you and 01:33:44.180 --> 01:33:47.500 there won't be a designee or somebody you're certified 01:33:47.500 --> 01:33:50.630 You're qualified to do that. If for some reason you're not 01:33:50.630 --> 01:33:51.159 here. I 01:33:52.000 --> 01:33:53.939 Don't feel comfortable with it being passed on to somebody 01:33:53.939 --> 01:33:56.979 else who doesn't have that qualification. So can we? 01:33:58.000 --> 01:34:00.609 Clarify that in there too that there is no substitute that 01:34:00.609 --> 01:34:01.840 it has to be you a 01:34:04.680 --> 01:34:06.680 Certified arborist 01:34:07.359 --> 01:34:10.289 If it wasn't myself, it will be someone with similar 01:34:10.289 --> 01:34:11.520 qualifications 01:34:11.520 --> 01:34:14.159 I mean, you know say five or ten years from now 01:34:14.159 --> 01:34:17.250 We have may have three or four people that have my same 01:34:17.250 --> 01:34:18.039 background 01:34:18.039 --> 01:34:20.939 That would be you know fit those those qualifications and 01:34:20.939 --> 01:34:23.279 if they've got your thinking I'm all for this 01:34:23.960 --> 01:34:25.949 If they've got your thinking on this, I'm all for that. 01:34:25.949 --> 01:34:28.960 Yeah. Okay. All right. Yeah, they have to be certified 01:34:28.960 --> 01:34:31.600 Not just somebody who's an assistant to you or something 01:34:31.600 --> 01:34:32.840 like that. Yeah, okay 01:34:32.840 --> 01:34:36.819 Yeah, they would they would have proper credentials if I 01:34:36.819 --> 01:34:39.640 say if I was on vacation and something had to go through 01:34:39.640 --> 01:34:40.319 and be worked out 01:34:40.760 --> 01:34:44.140 You know, you know, we wouldn't want to hold up the process 01:34:44.140 --> 01:34:44.859 sure 01:34:47.439 --> 01:34:50.199 To give you a little bit more comfort with it 01:34:50.600 --> 01:34:54.399 Let's go ahead and bullet out specific criteria that you're 01:34:54.399 --> 01:34:55.720 gonna use to do your 01:34:56.840 --> 01:34:58.159 administrative approval 01:34:58.159 --> 01:35:00.880 So we'll come up with the list of check basically a 01:35:00.880 --> 01:35:04.039 checklist that you have to go through in order to approve 01:35:04.039 --> 01:35:05.199 the alternative plan 01:35:06.520 --> 01:35:09.579 Just so that we can alleviate that concern 01:35:11.479 --> 01:35:14.140 We can talk about it yeah, we'll talk about the exact 01:35:14.140 --> 01:35:17.520 I don't want to get us into a situation to where we're 01:35:17.520 --> 01:35:20.159 putting something in writing and then that's the goal that 01:35:20.159 --> 01:35:21.279 people try to 01:35:21.279 --> 01:35:24.289 Meet, you know, well, no, I'm not saying I'm just saying 01:35:24.289 --> 01:35:26.420 that you in your mind 01:35:26.420 --> 01:35:29.500 You got to go they have to meet these specific criteria for 01:35:29.500 --> 01:35:29.960 you 01:35:30.319 --> 01:35:34.239 On your side in order for you to be able to say yes to 01:35:34.720 --> 01:35:37.960 With the alternative. Yeah, it's what we want to do is have 01:35:37.960 --> 01:35:40.279 at least some minimum checkpoints 01:35:41.079 --> 01:35:44.189 For you or the future whoever is going to hold that 01:35:44.189 --> 01:35:48.119 position to make that analysis before they 01:35:49.279 --> 01:35:51.479 agree to an administrative change 01:35:52.239 --> 01:35:56.159 Then okay because that that lets everybody know that if I'm 01:35:56.159 --> 01:35:57.239 if you're gonna 01:35:57.800 --> 01:36:01.970 approve an alternative on that site, they had to meet this 01:36:01.970 --> 01:36:02.800 level of 01:36:04.600 --> 01:36:06.600 They at least have to meet these minimum 01:36:07.359 --> 01:36:09.399 qualifications or 01:36:09.399 --> 01:36:10.640 standards 01:36:10.640 --> 01:36:14.899 So I think we're gonna this this actually came up when we 01:36:14.899 --> 01:36:16.680 met with the development code review 01:36:16.680 --> 01:36:18.680 I mean the committee on the environment 01:36:18.720 --> 01:36:21.470 So I think that's something that the City Council may want 01:36:21.470 --> 01:36:23.199 to see yeah 01:36:23.199 --> 01:36:25.810 And I think they were the committee on environment really 01:36:25.810 --> 01:36:28.560 was looking at that appeal section C. Okay, but it's the 01:36:28.560 --> 01:36:30.060 same concept. Yeah 01:36:33.039 --> 01:36:37.359 So any other questions comments concerns on that section 01:36:38.579 --> 01:36:40.579 Okay, so the appeal section 01:36:41.640 --> 01:36:45.039 Is basically under the current code the appeal was was to 01:36:45.039 --> 01:36:48.319 the City Council in an effort to align with 01:36:49.239 --> 01:36:53.579 other parts of the development code we put that appeal to 01:36:53.579 --> 01:36:54.039 the 01:36:56.520 --> 01:36:58.520 Zoning Board of Adjustments 01:36:59.000 --> 01:37:02.220 If the developer and I can't come to consensus on something 01:37:02.220 --> 01:37:05.960 then they have someone to you know appeal that decision to 01:37:06.439 --> 01:37:09.050 Commissioner back. Thank you chair, and I have a problem 01:37:09.050 --> 01:37:10.239 with that too. It's 01:37:11.000 --> 01:37:13.960 ZBA great people anything about against them, but they're 01:37:13.960 --> 01:37:17.560 not environmentalist their focus is not necessarily on 01:37:18.199 --> 01:37:20.199 the whole concept of tree preservation 01:37:21.920 --> 01:37:26.130 So seems like we either keep it with the City Council or 01:37:26.130 --> 01:37:28.979 what was this committee mentioned the environmental 01:37:30.760 --> 01:37:34.279 Committee is that a standing committee? Yes 01:37:35.199 --> 01:37:38.340 Would that be a more logical group to go to on something 01:37:38.340 --> 01:37:39.119 like this? 01:37:39.760 --> 01:37:43.939 Rather than ZBA that I would have to consult with legal to 01:37:43.939 --> 01:37:45.779 see you know that would be 01:37:47.479 --> 01:37:49.479 Okay, no shaking her head 01:37:50.920 --> 01:37:53.899 City council already so we would have to set up something 01:37:53.899 --> 01:37:56.539 outside of that in the ZBA is already 01:37:57.159 --> 01:37:59.560 delegated by the City Council as well, so 01:38:03.199 --> 01:38:05.199 Correct Shandrin the 01:38:05.359 --> 01:38:08.680 These ordinances are incorporated in dental development 01:38:08.680 --> 01:38:11.899 code the Denton Development Code has specific appeals and 01:38:11.899 --> 01:38:13.359 variance procedures and 01:38:13.880 --> 01:38:17.210 Alliance to whatever board and Commission is pertinent to 01:38:17.210 --> 01:38:20.319 that when it comes to any amendments associated with 01:38:20.319 --> 01:38:20.680 development 01:38:21.000 --> 01:38:23.000 Criteria such as these those are always 01:38:24.000 --> 01:38:26.149 Reviewed by the zoning Board of Adjustment and 01:38:26.149 --> 01:38:27.880 recommendations made through that body 01:38:28.279 --> 01:38:31.359 There are ways to do it differently where you know you can 01:38:31.359 --> 01:38:31.600 have 01:38:32.119 --> 01:38:34.340 Variances that come to the planning and zoning Commission 01:38:34.340 --> 01:38:37.119 for example, but that's not iterated in the ordinance right 01:38:37.119 --> 01:38:37.340 now 01:38:38.199 --> 01:38:42.100 We can however move this where it stays with the council 01:38:42.100 --> 01:38:44.600 and that has been the request slash 01:38:44.760 --> 01:38:47.130 Recommendation of the ad hoc committee for the committee of 01:38:47.130 --> 01:38:48.539 the environment. I beg your pardon 01:38:48.720 --> 01:38:51.760 So in terms of who can look at it, it's either 01:38:52.439 --> 01:38:54.590 ideally, it's the zoning Board of Adjustment given the 01:38:54.590 --> 01:38:57.020 makeup of the Denton Development Code or you can 01:38:58.039 --> 01:39:00.869 Request that the City Council review this through now again 01:39:00.869 --> 01:39:03.600 public hearing. Okay, and I like that also 01:39:03.600 --> 01:39:06.039 I guess what bothers me about this EBA is it's 01:39:07.520 --> 01:39:10.239 It's not out there as much it's kind of you know, it's 01:39:10.239 --> 01:39:11.039 almost an obscure 01:39:12.000 --> 01:39:15.060 Again, I don't mean to think anybody one of the most it's 01:39:15.060 --> 01:39:18.170 the most powerful board as it relates to variance 01:39:18.170 --> 01:39:19.000 procedures 01:39:19.000 --> 01:39:22.869 Anyway, public notice though would go out. Okay. Okay, and 01:39:22.869 --> 01:39:25.680 the appeal process to a denial is very very different 01:39:26.239 --> 01:39:30.100 Okay, so if they approved a change to it and there was 01:39:30.100 --> 01:39:31.520 still some disagreement 01:39:32.439 --> 01:39:34.239 You could carry it 01:39:34.239 --> 01:39:36.239 to the City Council 01:39:36.520 --> 01:39:40.159 No, no if the zoning it goes to the Court of Appeal 01:39:40.159 --> 01:39:41.479 District Court 01:39:42.199 --> 01:39:45.600 Okay. Yes, if after ZBA if you were appealing a ZBA 01:39:45.600 --> 01:39:48.300 determination, correct. Okay. Thanks 01:39:51.880 --> 01:39:53.880 Okay 01:39:54.640 --> 01:39:58.439 So we'll move on to the next section here true protection 01:39:58.439 --> 01:40:00.520 requirements during construction 01:40:02.560 --> 01:40:05.840 Basically true protection plan must be submitted with the 01:40:05.840 --> 01:40:09.000 preliminary plat final plat site plan building permit 01:40:09.000 --> 01:40:09.600 application 01:40:09.880 --> 01:40:13.880 It must be perfect. Yeah, excuse me must be prepared 01:40:14.439 --> 01:40:17.960 By or certified by an ISA certified arborist 01:40:21.279 --> 01:40:23.119 And again 01:40:23.119 --> 01:40:26.119 You know just going back to being able to verify those 01:40:26.119 --> 01:40:28.960 credentials is why you know just stuck with the ISA 01:40:28.960 --> 01:40:30.199 certified arborist here 01:40:32.560 --> 01:40:35.079 True protection standards shall be in accordance with the 01:40:35.079 --> 01:40:37.760 standards and the city's criteria 01:40:38.920 --> 01:40:40.439 manual as 01:40:40.439 --> 01:40:42.439 amended at the time and 01:40:42.600 --> 01:40:45.159 As required by the city's urban forester 01:40:45.800 --> 01:40:48.039 with site design criteria manual 01:40:48.680 --> 01:40:50.680 the developer must place 01:40:51.039 --> 01:40:53.630 Tree question for you on that one. Yes, I had a comment 01:40:53.630 --> 01:40:58.180 from someone is there a tree care criteria manual currently 01:40:58.180 --> 01:40:58.920 on the website 01:40:58.920 --> 01:41:01.359 Or does this exist? No, it's not not I think 01:41:02.840 --> 01:41:04.840 That was 01:41:05.239 --> 01:41:06.760 Was 01:41:06.760 --> 01:41:09.859 Cross-referenced the same as the site design criteria 01:41:09.859 --> 01:41:12.640 manual. It'll be in probably in one location 01:41:12.920 --> 01:41:16.539 Okay. So yeah, it's a typo. We're gonna still call the typo 01:41:16.539 --> 01:41:17.600 for now. Yeah 01:41:18.199 --> 01:41:20.199 Okay 01:41:20.199 --> 01:41:23.449 Okay, so the developer must place true protection very 01:41:23.449 --> 01:41:25.380 round entire sure Ellis. Yeah 01:41:26.199 --> 01:41:27.560 Yes 01:41:27.560 --> 01:41:29.319 Sorry about that. He would 01:41:29.319 --> 01:41:31.640 question back to the ISA certified arborist 01:41:33.039 --> 01:41:35.039 How many are there? 01:41:35.079 --> 01:41:37.520 Within a hundred miles of Denton. There's a hundred and 01:41:37.520 --> 01:41:38.399 thirty nine. Oh 01:41:39.920 --> 01:41:42.880 The Texas chapter of ISA is one of the fastest growing 01:41:43.720 --> 01:41:45.720 chapters of ISA 01:41:46.159 --> 01:41:48.640 Not in the country in the world because I say is this an 01:41:48.640 --> 01:41:50.399 international organization 01:41:51.560 --> 01:41:53.560 and the other thing is 01:41:54.239 --> 01:41:57.439 With this new process. It doesn't necessarily mean that the 01:41:57.439 --> 01:42:00.000 person has to be here to do that that work 01:42:00.000 --> 01:42:02.000 A lot of this can be done 01:42:02.600 --> 01:42:05.239 You know remotely because of the technology that's involved 01:42:09.239 --> 01:42:11.039 Okay, so 01:42:11.039 --> 01:42:13.039 The developer must place true protection 01:42:13.479 --> 01:42:16.409 Berry around the entire true protection zone as stated in 01:42:16.409 --> 01:42:17.399 the site design 01:42:17.920 --> 01:42:21.699 Criteria manual and as approved by the city urban forester 01:42:22.239 --> 01:42:25.220 The developer must not engage in construction activities 01:42:25.220 --> 01:42:28.810 until the city's urban forester verifies the installation 01:42:28.810 --> 01:42:29.039 of 01:42:29.520 --> 01:42:33.239 A tree protection very round the tree protection zone for 01:42:33.239 --> 01:42:35.920 all trees designated for preservation 01:42:35.920 --> 01:42:39.479 So this section basically is you know my final inspection 01:42:40.680 --> 01:42:42.680 Before the permit is released 01:42:43.399 --> 01:42:45.640 Any any other questions on this section? 01:42:46.319 --> 01:42:48.399 The only one I'm gonna back up to I 01:42:49.199 --> 01:42:51.670 And I think I'm just gonna make a blanket statement. I 01:42:51.670 --> 01:42:54.890 think we're gonna be cleaning up where it is with single 01:42:54.890 --> 01:42:55.479 family 01:42:56.439 --> 01:42:59.279 Because you have this under building permit applications. I 01:42:59.279 --> 01:43:01.840 think I brought it up last time about our current building 01:43:01.840 --> 01:43:03.840 permit applications are universal 01:43:04.760 --> 01:43:05.920 applications 01:43:05.920 --> 01:43:08.420 So technically if someone wants to do an addition or a 01:43:08.420 --> 01:43:11.159 model or whatever they are going to fall back under this 01:43:11.159 --> 01:43:14.359 So I think that still needs to get cleaned up. Yeah, 01:43:14.359 --> 01:43:17.319 actually the there's one of the applications is universal 01:43:17.319 --> 01:43:20.180 But there are some other applications everything isn't on 01:43:20.180 --> 01:43:20.920 one application 01:43:21.000 --> 01:43:24.970 but even though the application is as universal the permit 01:43:24.970 --> 01:43:25.680 itself is 01:43:26.199 --> 01:43:32.159 specific so if you go in for you may sign up this universal 01:43:32.159 --> 01:43:33.239 application 01:43:34.159 --> 01:43:36.960 But you know for residential is you know new construction 01:43:36.960 --> 01:43:41.079 addition interior remodel tenant finish out. So 01:43:41.760 --> 01:43:45.289 When you get the permit is only for what you're actually 01:43:45.289 --> 01:43:47.520 applying for so you may use this one form 01:43:47.520 --> 01:43:50.939 But when you actually get the permit if it's you know an 01:43:50.939 --> 01:43:54.090 interior remodel well, it's a permit for an interior rem 01:43:54.090 --> 01:43:54.399 odel 01:43:54.399 --> 01:43:57.239 Okay. Well it says building permit application 01:43:59.359 --> 01:44:01.640 Not the permanent cell so if you make an application 01:44:02.560 --> 01:44:05.149 It's going to be officially a building permit and it's a 01:44:05.149 --> 01:44:08.239 universal form. So anyway, I think we've 01:44:08.920 --> 01:44:11.140 Designated enough. I won't beat a dead horse on the thing 01:44:14.439 --> 01:44:18.369 Okay, yeah moving on to the to the next section on 01:44:18.369 --> 01:44:19.220 enforcement here 01:44:20.600 --> 01:44:22.680 so section 9 enforcement and 01:44:24.159 --> 01:44:27.689 This section here is for the most part what's in the 01:44:27.689 --> 01:44:28.520 existing code 01:44:28.520 --> 01:44:32.000 I think some of the things were pulled in here specifically 01:44:32.000 --> 01:44:34.140 because in the existing code is referring to a different 01:44:34.140 --> 01:44:34.880 section that 01:44:35.279 --> 01:44:37.399 stated the same requirements so 01:44:39.079 --> 01:44:41.970 Don't hear the city urban forester and the building 01:44:41.970 --> 01:44:44.960 official have the authority to place a stop-work order on 01:44:44.960 --> 01:44:47.119 activities involving the removal of any 01:44:47.560 --> 01:44:49.560 heritage or protected tree 01:44:49.560 --> 01:44:53.279 or on any activity that may adversely endanger any tree 01:44:53.279 --> 01:44:57.720 contrary to the provisions of sub chapter 35 13 7 and 01:44:59.479 --> 01:45:03.199 Applicable criteria manual the building official may design 01:45:03.199 --> 01:45:06.239 may deny all permits and submit certificate of occupancy 01:45:07.159 --> 01:45:10.899 For any site which is not in compliance with with sub 01:45:10.899 --> 01:45:13.279 chapter 35 13 7 01:45:13.439 --> 01:45:16.819 The applicable applicable criteria and applicable criteria 01:45:16.819 --> 01:45:17.800 manual, excuse me 01:45:18.359 --> 01:45:21.199 For the purpose of enforcement section 35 01:45:21.960 --> 01:45:25.800 1.10 of the Dent Development Code is incorporated by 01:45:25.800 --> 01:45:29.500 referencing here in and as amended in the future 01:45:29.960 --> 01:45:32.260 So, you know basically this has to do with 01:45:33.520 --> 01:45:36.310 Activity that may be going on on a site that you know, it's 01:45:36.310 --> 01:45:37.399 not permitted 01:45:38.279 --> 01:45:41.359 And sometimes, you know, I think Chandra mentioned earlier 01:45:41.359 --> 01:45:42.439 a lot of times this, you know 01:45:43.960 --> 01:45:46.680 The residents in the area they'll see something going on 01:45:46.680 --> 01:45:48.600 and you know, they'll get on the phone 01:45:48.600 --> 01:45:50.800 They'll start calling do you know what's going on? 01:45:50.800 --> 01:45:54.189 But does this have a permit so this you know, and this is 01:45:54.189 --> 01:45:55.079 in the existing code 01:45:55.079 --> 01:45:58.470 But it allows me to go out on the site or someone under the 01:45:58.470 --> 01:46:01.520 building inspection department to actually issue a stop- 01:46:01.520 --> 01:46:02.079 work order 01:46:02.920 --> 01:46:06.710 For the work that's going on until you know, the proper 01:46:06.710 --> 01:46:08.039 permits are received 01:46:09.720 --> 01:46:14.039 So the next section here for person removes cuts down tops 01:46:14.039 --> 01:46:16.520 destroys I'm sorry Commissioner Ellis 01:46:17.239 --> 01:46:19.359 Thank You. Thank You chair. Hey what going back to that 01:46:19.359 --> 01:46:19.619 first? 01:46:20.680 --> 01:46:21.800 paragraph 01:46:21.800 --> 01:46:24.680 So the city's urban forester and the building official 01:46:24.680 --> 01:46:27.720 should it say and or just for clarity because I mean is it 01:46:27.800 --> 01:46:31.130 It's either one of you who could do it. You don't need both 01:46:31.130 --> 01:46:33.600 of you to stop the permit or do you have to be both? 01:46:34.520 --> 01:46:36.520 It can be and or I mean 01:46:36.520 --> 01:46:40.119 I was just curious at how you were presenting that line 01:46:40.119 --> 01:46:43.720 that first line. Okay, so it's either or of you can stop it 01:46:47.840 --> 01:46:49.560 Okay, so the next 01:46:49.560 --> 01:46:51.119 line here 01:46:51.119 --> 01:46:55.470 If a person removes cuts down tops destroys or moves or 01:46:55.470 --> 01:46:58.909 assist in the removal cutting down topping destroying or 01:46:58.909 --> 01:46:59.439 moving 01:46:59.680 --> 01:47:02.939 or causes the removal cutting down topping destroying or 01:47:02.939 --> 01:47:06.319 moving of a tree without complying with the requirements of 01:47:06.319 --> 01:47:08.359 the subsection or 01:47:09.039 --> 01:47:12.279 Owns part or all of the land where the violation occurs 01:47:12.279 --> 01:47:16.050 this person's shall be guilty upon conviction of remiss 01:47:16.050 --> 01:47:16.640 demeanor 01:47:17.319 --> 01:47:20.039 And so basically that you know goes back to you know trees 01:47:20.039 --> 01:47:23.000 that are being you know removed without a permit 01:47:24.000 --> 01:47:25.279 on 01:47:25.279 --> 01:47:26.880 you know 01:47:26.880 --> 01:47:30.199 undeveloped sites or on sites within the city 01:47:31.199 --> 01:47:34.529 Commissioner back. Thank you chair. And again, I go along 01:47:34.529 --> 01:47:36.239 with the intent behind this 01:47:36.239 --> 01:47:39.399 We want to keep people from flippantly just disregarding 01:47:39.399 --> 01:47:42.989 again. The critical thing here is tree preservation can't 01:47:42.989 --> 01:47:43.079 be 01:47:43.680 --> 01:47:47.439 the canopy preservation I just are there 01:47:48.840 --> 01:47:50.920 It draws a lot of people in here people who own the 01:47:50.920 --> 01:47:54.659 property but aren't actually involved in the actual removal 01:47:54.659 --> 01:47:55.840 they could be cited to 01:47:56.359 --> 01:47:59.199 Is there going to be an effort on the part of? 01:48:00.159 --> 01:48:02.159 this ordinance to 01:48:03.119 --> 01:48:06.359 Educate people well enough I know 01:48:07.159 --> 01:48:09.460 Ignorance of the laws no excuse, you know, but in some 01:48:09.460 --> 01:48:12.479 cases there could be some innocent bystander share get 01:48:12.479 --> 01:48:13.159 caught up there 01:48:13.159 --> 01:48:17.060 So as you know, well informed is well served and I just are 01:48:17.060 --> 01:48:19.880 we going to try and make an effort to get the word out? 01:48:19.880 --> 01:48:22.029 On this as much as possible these go in their monthly 01:48:22.029 --> 01:48:23.720 electric bills or something like that 01:48:24.439 --> 01:48:27.529 Yeah, we can look at you know the stuffers in the electric 01:48:27.529 --> 01:48:29.399 bill city website 01:48:30.039 --> 01:48:33.810 Press release, you know once everything is finalized to you 01:48:33.810 --> 01:48:35.739 know, let the general public know 01:48:36.319 --> 01:48:40.079 What the changes and the requirements are good good. Thank 01:48:40.079 --> 01:48:40.220 you 01:48:40.220 --> 01:48:43.460 I would like to echo that that was one of my comments is 01:48:43.460 --> 01:48:46.119 that if a piece of property is owned by a corporation 01:48:46.760 --> 01:48:49.479 Publicly traded company does everybody that don't stock in 01:48:49.479 --> 01:48:51.300 that company guilty 01:48:53.039 --> 01:48:55.449 Because they they're young I mean if that's the owner of 01:48:55.449 --> 01:48:56.119 the property 01:48:56.119 --> 01:48:59.430 Yeah, I mean they could be be guilty of it if that's a lot 01:48:59.430 --> 01:49:00.800 of $500 bills 01:49:02.920 --> 01:49:04.920 Per day 01:49:05.880 --> 01:49:10.939 Okay within reason I would support maybe one principle 01:49:10.939 --> 01:49:12.439 possibly two people 01:49:12.600 --> 01:49:15.529 But beyond that I think it's it needs to be cleaned up 01:49:15.529 --> 01:49:17.680 because it's too broad of a net for 01:49:19.520 --> 01:49:22.239 Partnerships corporations and things that trade in this for 01:49:22.239 --> 01:49:24.340 it to be every single that owns a piece or a part or 01:49:24.340 --> 01:49:24.920 whatever 01:49:24.920 --> 01:49:26.159 So yeah 01:49:26.159 --> 01:49:29.069 I think if it's in the if it's in the name of the 01:49:29.069 --> 01:49:30.560 corporation is LLC 01:49:30.560 --> 01:49:34.340 you'll probably be you know to that LLC not each individual 01:49:34.340 --> 01:49:35.520 persons, but as 01:49:36.800 --> 01:49:39.649 Participants in that LLC, you know, they are ultimately 01:49:39.649 --> 01:49:40.199 responsible 01:49:40.199 --> 01:49:43.140 But it wouldn't be it wouldn't be you know, if there's ten 01:49:43.140 --> 01:49:45.800 people in there each one of them gets you know 01:49:47.319 --> 01:49:50.039 A sighted up so it doesn't it's not confusing because that 01:49:50.039 --> 01:49:51.359 's not the way it rates now 01:49:51.920 --> 01:49:54.899 Okay, we'll get the legal department to take a look at that 01:49:54.899 --> 01:49:55.840 . Yeah 01:49:59.560 --> 01:50:03.369 Okay, so the next section if any person performs grading on 01:50:03.369 --> 01:50:06.800 a moves any heavy equipment any heavy-duty vehicles 01:50:06.800 --> 01:50:08.239 specially designed for 01:50:09.380 --> 01:50:12.960 excavating construction tasks on any undeveloped property 01:50:12.960 --> 01:50:16.020 that contains trees subject to this subchapter without 01:50:16.020 --> 01:50:17.000 first obtaining 01:50:17.680 --> 01:50:20.310 true removal permit this person shall be guilty upon 01:50:20.310 --> 01:50:22.439 conviction of a misdemeanor and 01:50:23.239 --> 01:50:26.960 You know, that's basically, you know covering errors where? 01:50:28.159 --> 01:50:30.880 Prior to permits issue, you know, someone moves all and 01:50:30.880 --> 01:50:34.840 tree protection plan or tree protection up someone moves 01:50:35.760 --> 01:50:38.529 Equipment on the site that you know can can damage, you 01:50:38.529 --> 01:50:42.319 know the trees that you know are slated to be preserved 01:50:43.640 --> 01:50:47.069 Well, I got a comment on that too. I think this needs to be 01:50:47.069 --> 01:50:49.359 cleaned up somewhat because you're gonna have a lot of the 01:50:49.359 --> 01:50:49.760 innocent 01:50:50.199 --> 01:50:52.689 Bystanders possibly with this utility contractors that are 01:50:52.689 --> 01:50:55.479 working in right-of-ways that are pulling equipment on 01:50:56.199 --> 01:50:58.199 property leaving their equipment 01:50:59.560 --> 01:51:03.409 For example, so I think this needs to be visited some as 01:51:03.409 --> 01:51:05.159 well so that they're 01:51:05.880 --> 01:51:07.880 Those things don't happen 01:51:07.960 --> 01:51:11.449 And I think the the key here is heavy-duty vehicles 01:51:11.449 --> 01:51:15.159 specially designed for execute executing construction 01:51:15.159 --> 01:51:17.159 So it's talking about construction equipment 01:51:17.479 --> 01:51:20.489 Not you know some if you know utilities out there with a 01:51:20.489 --> 01:51:21.840 bucket truck to do pruning this 01:51:21.840 --> 01:51:24.979 No, I'm done. Nobody moves a backhoe on a piece of property 01:51:24.979 --> 01:51:26.000 to do utility work 01:51:26.880 --> 01:51:30.460 That technically they're in violation of this. Well, yeah, 01:51:30.460 --> 01:51:33.119 because if they're on there to do utility work, you know 01:51:33.119 --> 01:51:37.600 They should have a an excavation permit. So that's covered 01:51:37.600 --> 01:51:39.760 also under that permitting 01:51:40.720 --> 01:51:43.439 Section which is different from the true preservation. So 01:51:43.439 --> 01:51:45.920 they would have to have a permit to do that excavation 01:51:46.680 --> 01:51:49.270 Well, I get for eyes and bring tobacco in to work on their 01:51:49.270 --> 01:51:51.569 line and they park it on somebody's private piece of 01:51:51.569 --> 01:51:52.119 property 01:51:52.720 --> 01:51:55.289 And to work in them right away. That's the kind of things I 01:51:55.289 --> 01:51:57.239 'm talking about. So however 01:51:58.000 --> 01:52:00.279 It needs to be addressed and just bring into that 01:52:00.800 --> 01:52:02.800 Okay 01:52:03.119 --> 01:52:05.119 Okay 01:52:14.199 --> 01:52:18.060 Okay moving on almost to the end here see if we can make it 01:52:18.060 --> 01:52:20.399 we got no it's almost four minutes to six 01:52:21.840 --> 01:52:23.760 So I'm gonna try to get through this last section 01:52:23.760 --> 01:52:27.220 This next line is existing in the current code if a person 01:52:27.220 --> 01:52:30.359 causes the death of a tree that has preserved a planet 01:52:30.720 --> 01:52:33.399 in compliance with this sub chapter through 01:52:34.119 --> 01:52:37.409 Neglect this person shall be guilty upon conviction of misd 01:52:37.409 --> 01:52:38.039 emeanor 01:52:38.960 --> 01:52:42.439 Sometimes trees are planted irrigation isn't turned on and 01:52:42.439 --> 01:52:42.979 trees die 01:52:42.979 --> 01:52:46.270 That's what we mean by neglect or if someone you know runs 01:52:46.270 --> 01:52:48.840 over with the lawnmower or what-have-you 01:52:49.920 --> 01:52:51.920 specific to the new trees 01:52:53.000 --> 01:52:57.170 Just gonna plot it like HOA's things like that. It would 01:52:57.170 --> 01:52:59.279 apply to any you know 01:53:00.359 --> 01:53:02.359 Develop property where trees were planted 01:53:03.479 --> 01:53:07.029 Under this this sub chapter. So the president of the HOA 01:53:07.029 --> 01:53:08.600 that's serving it 01:53:09.960 --> 01:53:13.600 volunteer in their time and these are planted in HOA and 01:53:13.600 --> 01:53:16.930 then to your point the sprinkler systems broke and the 01:53:16.930 --> 01:53:17.359 trees die 01:53:17.640 --> 01:53:21.670 the president of the HOA that serving voluntary is going to 01:53:21.670 --> 01:53:21.840 be 01:53:24.079 --> 01:53:27.609 Getting a ticket for 500 bucks for each could be if they 01:53:27.609 --> 01:53:28.760 are the legal 01:53:29.159 --> 01:53:31.810 Responsible person for the HOA. I guess it depends on how 01:53:31.810 --> 01:53:32.579 the HOA is set up 01:53:33.720 --> 01:53:37.130 That's how a lot of them are done. So they're typically run 01:53:37.130 --> 01:53:38.359 by the volunteers of the 01:53:39.279 --> 01:53:41.279 neighborhoods and so 01:53:42.279 --> 01:53:45.810 Anyway, I think some more of this thought I think I think 01:53:45.810 --> 01:53:48.279 my concern and we're about out of time 01:53:48.279 --> 01:53:49.920 I think a lot of these things are good 01:53:49.920 --> 01:53:51.760 There's a lot of vagueness and I think there's probably 01:53:51.760 --> 01:53:54.359 gonna be a lot of unintended people that get caught up in 01:53:54.359 --> 01:53:54.680 this 01:53:55.560 --> 01:53:58.109 By the way that it's written and I think a lot of it needs 01:53:58.109 --> 01:54:00.880 to get cleaned up and be very specific about 01:54:01.479 --> 01:54:05.199 intent and issues versus to my example there 01:54:06.239 --> 01:54:09.270 The poor guy that's vaultern is timer on the HOA is the guy 01:54:09.270 --> 01:54:12.680 that's in violation and you know, no good details 01:54:13.479 --> 01:54:15.979 unpunished serving for nothing, so 01:54:17.479 --> 01:54:19.479 Please continue 01:54:19.960 --> 01:54:21.960 Okay 01:54:22.319 --> 01:54:25.500 The city urban forest and building official may go out on 01:54:25.500 --> 01:54:28.319 any property subject to this up to this section 01:54:28.840 --> 01:54:31.829 With or without notice to the to the owner for the purpose 01:54:31.829 --> 01:54:34.079 of verifying compliance with this 01:54:34.800 --> 01:54:36.800 section or with any 01:54:36.920 --> 01:54:40.289 Open building permit. So this basically just gives me the 01:54:40.289 --> 01:54:43.039 authority to go out and do inspections on properties 01:54:43.159 --> 01:54:45.539 You know that are being constructed verify that the tree 01:54:45.539 --> 01:54:47.920 protection is being maintained and what-have-you 01:54:50.159 --> 01:54:52.159 Each tree and this is 01:54:52.319 --> 01:54:55.890 These next two are in the existing code each tree damage 01:54:55.890 --> 01:54:58.359 removed cut down topped destroyed 01:54:58.560 --> 01:55:01.840 Or moved in violation of this subject of this subchapter 01:55:02.640 --> 01:55:04.960 Shall constitute a distinct and separate offense 01:55:05.640 --> 01:55:08.840 It shall be an affirmative defense to prosecution under the 01:55:08.840 --> 01:55:12.520 subsection that the injury or destruction of the tree 01:55:12.840 --> 01:55:16.560 Was caused by natural disasters or other acts of God 01:55:16.560 --> 01:55:19.800 including but not limited to tornadoes straight line winds 01:55:19.800 --> 01:55:20.960 ice storms fire 01:55:20.960 --> 01:55:23.979 Floods hail and lightning strikes that answers your 01:55:23.979 --> 01:55:24.560 question 01:55:26.720 --> 01:55:29.930 It shall be an affirmative defense to prosecution under 01:55:29.930 --> 01:55:33.039 this subsection that the injury or destruction of the tree 01:55:33.039 --> 01:55:34.539 was caused by an independent 01:55:35.199 --> 01:55:38.399 unauthorized action of third parties who are not the 01:55:38.399 --> 01:55:39.199 developer of 01:55:39.720 --> 01:55:43.109 This property subject to this subsection and that's a new 01:55:43.109 --> 01:55:45.079 section that was added here 01:55:45.720 --> 01:55:47.359 so 01:55:47.359 --> 01:55:49.520 With that we're right on at time 01:55:49.520 --> 01:55:52.710 I don't want to get us kicked out, but I think we will be 01:55:52.710 --> 01:55:53.520 pretty soon 01:55:56.279 --> 01:55:58.350 Let's open up or any comments since we've got through the 01:55:58.350 --> 01:55:59.359 ordinance 01:56:06.239 --> 01:56:08.239 Now we're we're in work session 01:56:12.720 --> 01:56:15.319 Anybody else any other comments we're about out of time 01:56:15.840 --> 01:56:19.130 I think this is currently scheduled to come before us for 01:56:19.130 --> 01:56:19.439 next 01:56:20.159 --> 01:56:22.159 Wednesday for work session and a vote 01:56:22.800 --> 01:56:24.800 I 01:56:24.840 --> 01:56:27.470 Think it was just the work section next week. All right. 01:56:27.470 --> 01:56:27.680 Yeah 01:56:28.600 --> 01:56:31.840 Okay, I'm Mr. So I thought last weeks we were having it 01:56:43.479 --> 01:56:44.920 Okay 01:56:44.920 --> 01:56:48.130 I think that's wise. I know and I think I said earlier the 01:56:48.130 --> 01:56:48.720 media I've had 01:56:49.439 --> 01:56:52.920 I've got a stack of comments and papers and telephone calls 01:56:52.920 --> 01:56:54.779 And I think it'd be a really good idea for some of the 01:56:54.779 --> 01:56:57.840 stakeholders that have come out here 01:56:59.399 --> 01:57:01.159 For us to staff 01:57:01.159 --> 01:57:03.340 To get with them and address some of the comments and the 01:57:03.340 --> 01:57:05.039 questions that have been brought there 01:57:05.039 --> 01:57:07.479 I have an opportunity to present those this evening 01:57:07.479 --> 01:57:09.989 but I know they've written some letters and marked up a 01:57:09.989 --> 01:57:12.159 number of these and I think it'd be 01:57:12.640 --> 01:57:15.819 Very productive for the people that are the experts. I'm 01:57:15.819 --> 01:57:16.960 not the expert 01:57:17.680 --> 01:57:20.159 That deal with us in a daily basis 01:57:20.159 --> 01:57:23.260 I think that would be very productive to clean a lot of 01:57:23.260 --> 01:57:25.039 this stuff up before it comes back to 01:57:25.640 --> 01:57:28.619 Our Commission and probably save everybody a lot of time 01:57:30.359 --> 01:57:32.359 It's just a suggestion. I don't know if 01:57:33.199 --> 01:57:36.090 Anybody else has any comments before we close but those 01:57:36.090 --> 01:57:37.039 would be mine 01:57:41.000 --> 01:57:43.000 Commissioner Ellis, thank you chair 01:57:43.199 --> 01:57:47.420 So I mean will you have time in a week to take at least 01:57:47.420 --> 01:57:50.880 what we discussed today to be able to present us with 01:57:50.880 --> 01:57:51.319 something 01:57:52.920 --> 01:57:55.319 You know, maybe slightly altered from what we're discussing 01:57:55.319 --> 01:57:58.600 tonight or I mean does that is that reasonable or 01:57:59.359 --> 01:58:02.149 It'll be tight to get everything in there some of the main 01:58:02.149 --> 01:58:05.180 issues. We may be able to to revisit and clean up 01:58:06.039 --> 01:58:08.430 But because I guess what what is our goal for or maybe we 01:58:08.430 --> 01:58:10.560 don't have a goal yet for next week 01:58:11.960 --> 01:58:13.939 That's what I wanted to ask. What do you guys want to 01:58:13.939 --> 01:58:16.079 discuss next week next week? 01:58:16.119 --> 01:58:19.560 Do we want to continue through the ordinance again or? 01:58:20.239 --> 01:58:22.960 What would you like to see how would you like to use the 01:58:22.960 --> 01:58:24.880 work session for next time? 01:58:25.680 --> 01:58:28.750 Like to sit Commissioner back. Thank you. I would like to 01:58:28.750 --> 01:58:29.199 see it 01:58:29.920 --> 01:58:31.079 rewritten 01:58:31.079 --> 01:58:33.079 And let us review that 01:58:33.680 --> 01:58:37.000 Going back over this again as is any good. So once you 01:58:37.000 --> 01:58:39.000 major additions changes 01:58:40.000 --> 01:58:43.439 If we could review that by next Wednesday, is that possible 01:58:43.439 --> 01:58:43.439 ? 01:58:44.600 --> 01:58:47.930 Probably for you know, some of the major things and it's my 01:58:47.930 --> 01:58:50.640 understanding too that we'll have that work session 01:58:50.720 --> 01:58:53.789 But afterward there will be the public session where the 01:58:53.789 --> 01:58:57.479 public can give input to at that time. Is that correct? 01:58:58.119 --> 01:59:01.880 In the public the next one is going to be a work session 01:59:01.880 --> 01:59:05.199 And then when we notice for the public hearing that'll be 01:59:05.199 --> 01:59:08.119 the opportunity for this the community stakeholders 01:59:08.119 --> 01:59:11.359 That won't be next Wednesday following our work. Okay. Yes, 01:59:11.359 --> 01:59:14.029 of course if there's you know any questions that I could 01:59:14.029 --> 01:59:14.680 answer directly 01:59:15.319 --> 01:59:17.319 You know, I'm available 01:59:17.640 --> 01:59:20.119 To answer those questions and provide, you know a little 01:59:20.119 --> 01:59:22.640 bit more, you know clarification on what's written 01:59:23.680 --> 01:59:27.159 Your email address is on the website. I believe so. Yeah 01:59:27.159 --> 01:59:28.760 for everyone here 01:59:34.720 --> 01:59:37.239 Well, since you ask I I think that's a 01:59:38.399 --> 01:59:41.039 Good suggestion. I'd like to see the 01:59:41.560 --> 01:59:44.350 Ordinance get cleaned up the comments from last meeting the 01:59:44.350 --> 01:59:45.680 comments from tonight 01:59:45.680 --> 01:59:49.159 And I think it's prudent once it's cleaned up that it gets 01:59:49.159 --> 01:59:52.659 posted and that people have an opportunity to review it 01:59:54.000 --> 01:59:55.399 I'm not saying they need a month 01:59:55.399 --> 02:00:00.270 But I think asking people to to try to review these things 02:00:00.270 --> 02:00:03.680 in a few days to come and and make points 02:00:05.000 --> 02:00:08.720 Check with client whatever the case may be. I think we need 02:00:08.720 --> 02:00:09.000 a 02:00:09.960 --> 02:00:12.550 Minimum of a couple of weeks once the ordinance is 02:00:12.550 --> 02:00:14.199 completely finished 02:00:15.119 --> 02:00:18.750 To be able to do that and what I what I would like to also 02:00:18.750 --> 02:00:20.479 have at our next work session 02:00:20.479 --> 02:00:22.380 I think it's good that we got through the ordinance. I 02:00:22.380 --> 02:00:23.399 think there are 02:00:24.159 --> 02:00:26.079 at least from my point of view, I would like to spend a 02:00:26.079 --> 02:00:28.199 little time talking about the 02:00:30.199 --> 02:00:33.399 The urban forest survey that was done. There's a tremendous 02:00:33.399 --> 02:00:35.039 amount of information in here 02:00:36.039 --> 02:00:39.720 and then also from my point would like to 02:00:40.359 --> 02:00:42.859 Go through some of the assumptions in here about the 02:00:42.859 --> 02:00:44.039 mitigation rates 02:00:45.279 --> 02:00:47.279 the coverage rates 02:00:47.800 --> 02:00:52.000 The requirement for 20% if there's other ways to do that 02:00:52.000 --> 02:00:54.159 and then maybe possibly some 02:00:54.960 --> 02:00:57.319 philosophical ones about if we're going to do this that the 02:00:57.319 --> 02:00:59.619 city maybe bias some of the 02:01:00.359 --> 02:01:02.119 if 02:01:02.119 --> 02:01:05.069 It's going to be required the city may be purchased of some 02:01:05.069 --> 02:01:07.829 of those things and use the tree fund to do that and take 02:01:07.829 --> 02:01:08.119 it 02:01:08.119 --> 02:01:09.880 from private 02:01:09.880 --> 02:01:11.880 property owners and transfer it to 02:01:12.319 --> 02:01:15.789 Public ownership if it's public policy, I think that's a 02:01:15.789 --> 02:01:19.539 reasonable discussion for us to have as a board. So 02:01:20.560 --> 02:01:22.810 Those would be some of the things I would like to cover in 02:01:22.810 --> 02:01:24.180 our next work session 02:01:25.199 --> 02:01:27.199 Commissioner Ellis. Thank you chair 02:01:27.199 --> 02:01:29.989 Yeah, and just to echo that I guess just whatever it will 02:01:29.989 --> 02:01:32.239 take to just kind of keep moving this forward 02:01:32.239 --> 02:01:35.390 I think you know, we offered some great opinion today and 02:01:35.390 --> 02:01:36.399 suggestions and 02:01:37.560 --> 02:01:40.699 Hopefully you'll have time to you know, maybe change some 02:01:40.699 --> 02:01:44.439 of this or come back and say why you can't you know address 02:01:44.439 --> 02:01:45.239 some of the concerns 02:01:45.760 --> 02:01:49.600 Just so whatever it is so that next week we can you know 02:01:49.600 --> 02:01:51.720 get to the next step because I mean this is all 02:01:51.720 --> 02:01:53.720 I mean, this is all 02:01:53.760 --> 02:01:57.479 This is great. We again to echo we need the tree croak code 02:01:57.479 --> 02:01:58.119 rewritten 02:01:58.119 --> 02:02:01.979 It's great for the city and it needs to be done. So we need 02:02:01.979 --> 02:02:04.920 to keep it going and get it done 02:02:06.520 --> 02:02:08.520 Okay 02:02:09.399 --> 02:02:15.359 Seeing no other comp work session at 6 o 5. Thank you