Consider an Ordinance Amendment to City Code Section 106-354 (Private Trees in New Development Areas)

The Environmental Policy Board recently contemplated a request for a variance to utilize an alternative methodology to complete a required tree inventory associated with a Minor Plat.  Not only did the City Council approve the requested variance, but they also directed Staff to prepare an ordinance amendment granting Staff the authority to approve alternative methodologies, rather than going through the variance process.  The purpose of this case is to consider the draft Ordinance Amendment to the tree preservation standards.

Language has been added specifying that alternative methods for collecting significant tree data can be approved by the Zoning Administrator (defined in City Code as the Community Development Department) with sufficient documentation/information that supports and justifies such a request.  Additionally, clarification was added regarding what trees may be exempted from the removal threshold calculation (exempting trees infested with Emerald Ash Borer [EAB] or infected with Oak Wilt or Dutch Elm Disease).  The City Attorney has reviewed the draft Ordinance Amendment and inquired whether the City wants to exempt any diseased tree rather than specifying certain diseases.  As currently drafted, only trees suffering from maladies that are lethal are exempted (Emerald Ash Borer, Oak Wilt, and Dutch Elm Disease).

This case is being handled as part of Staff's regular duties.

Staff recommends adopting Ordinance #26-09 amending the tree preservation standards to authorize Staff to approve alternative methodologies used for collecting tree data.

Motion to recommend City Council adopt Ordinance #26-09 amending City Code Section 106-354 granting Staff the ability to approve alternative methodologies for collecting tree data.