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Review of the GDC Tree Mitigation Requirements Will Guerin, Planning Director provided a presentation regarding the Review of the GDC Tree Mitigation Requirements. The purpose is to require the preservation of existing, healthy trees as properties are developed or redeveloped, and to provide for the replacement of trees when they are removed for the development and redevelopment of lands. Tree Mitigation Requirements
- $150 per caliper inch removed and not re-planted
- Trees 6” and above are protected
- Ratios depend on size of tree and species type
- Reforestation and tree management fund to be used by the City to provide and maintain landscaping, irrigation, and other similar related activities on properties within the territorial limits of the City
Tree Management Plan required. Exceptions for dead/unhealthy trees and trees in the right-of-way. GDC items needing clarification “Other tree species not listed in Tables 4-1 and 4-2” follow 0.25:1 mitigation rate. Table 4-3 (“Trees & Shrubs”): Should Eastern Red Cedars count towards mitigation? Off-site tree credits Do we want to allow off-site tree plantings, in lieu-of re-planting on-site or paying into the tree mitigation fund? If so, in Garland only? Note: Off-site tree plantings is difficult to administer and track, as observed in Fee Audit 30% limitation on tree credits: “Existing large canopy trees and healthy, mature ornamental trees must be preserved wherever possible. Any tree listed within Table 4-1 or 4-2 in Section 4.48 that is preserved on a site and is six caliper inches or greater will be credited toward meeting up to thirty percent of the tree requirements of any provision of this Article 3 for that area within which they are located, according to the following table 4-8" Alternative Compliance / Development Agreements The City of Carrollton was used as an example:
- Eastern Red Cedars are considered “Medium Trees” (25-40 feet) and are protected
- (require mitigation)
- When trees cannot be re-planted on-site, Carrollton allows re-planting of trees in the public right-of-way or on public parkland, "irrigated open space", or paying into the tree mitigation fund
Applicability for sites not in the development process The City of Arlington was used as an example:
- Eastern Red Cedars are a protected tree per Arlington’s UDC
- Arlington does not allow off-site tree plantings to count towards mitigation. Purpose of tree mitigation fund is to plant trees in City ROW and public parkland
Matt Grubisich, Parks Director provided a presentation regarding Tree Preservation and Mitigation. Caliper inches is strictly a nursery measurement when measuring standing trees, it is always measured in DBH (diameter at breast height) and the City refers to everything in caliper inches even though we have been getting all of our measurements in DBH. Recommendation Add a provision that any tree that endangers the public, health, safety or the welfare, an immediate removal of the tree is required due to structural integrity concerns or poses an immediate or imminent risk to persons or property not have to fall underneath the tree preservation as it would be non-protected trees. This means if there is a tree that is hazardous or leaning, it will be deemed unsafe and can be removed. This also can apply if there is big trees or timber that may be having a problem with big homeless encampments, this would be considered a health hazard and the rights could be waived. We do not preserve or protect anything that is less than 6 inches in DBH. The current City of Garland Tree Ordinance is as follows: Chapter 25: Parks and Recreation Article 1. Sec. 25.12 Unlawful to damage plants in parks or other recreational facilities. It shall be prohibited to damage, cut, carve, mark, remove, transplant, break, pick, or, in any way, injure, damage, or deface any plants or turf within or upon any park, parkways, greenbelts, or other recreational areas. It shall further be prohibited to bring in any vegetation to any park, parkway, greenbelt, or other recreational area or facility except by permit of the director or designated representative(s). For the purpose of this section, plants shall be defined to include any vegetation, shrubs, bushes, trees, vines, hedges, grasses, flowers, or the seeds thereof. Recommendation Change definition of "Protect Tree" Current Definition "Protected Tree" means any healthy, growing self-supporting woody perennial plant listed in Table 4-1 or Table 4-2 within Division 7 of this Article 3 that has a trunk size of six-inch caliper or greater when measured at a point four feet and six inches above ground level, which is of a species that normally attains a height of at least ten feet at maturity. Proposed "Protected Tree" means any healthy, growing self-supported woody perennial plant that has a minimum diameter at breast height (DBH) of six inches that is not classified as unprotected in the article. Recommendation: Add Definition for "Unprotected Tree" Proposed "Unprotected Tree" means any of the following:
- Callery Pear (all cultivars)
- Chinaberry
- Chinese Tallow
- Ilex Species (except for Youpon Holly and Possamhaw Holly)
- Palms
- Tree-of-Heaven or Ailanthus
- Eastern Red Cedar
- Other species list on the Texas A&M Forest Service Invasive Species List
Recommendation: Remove large and ornamental tree language and replace with tree classifications:
- Significant tree/ Class 1 tree” means a protected healthy tree whose age, size, unique type, or natural and historical character are of special importance to the city, and meets the following species and size requirements:
- Trees of the following species having a minimum DBH of 18”: American elm, Siberian elm, Slippery elm, Cedar elm, all Sycamores, Chittamwood, Common Persimmon, Pecan, all Oaks, all Walnuts (note: Class 1 trees replaced at a 2:1 ratio)
- Class 2 Tree” means any tree not otherwise classified. (note: Class 2 trees replaced at a 1:1 ratio)
- “Class 3 Tree” means trees of the following species: all Ash, all Willow species, Cottonwood, Mesquite, Hackberry/Sugarberry, Mimosa, Mulberry, Pinus species, Sliver Maple, Box elder. (note: Class 3 trees replaced at a .5:1 ratio)
Recommendation: Add Credits Provision for Preserved and Transplanted Trees Credits for Transplanted Trees:
- Heathy protected trees less than 6” = 1:1 credit
- Healthy protected trees between 6”-12” = 2:1 credit
- Healthy protected trees between 13” – 24” = 3:1 credit
- Healthy protected trees between 13” – 24” = 3:1 credit
- Healthy protected trees greater than 24” = 5:1 credit
Credits for the Preservation of Protected Trees on Site:
- Healthy protect trees between 6” – 17” = 1:1 credit
- Healthy protect trees 18” or greater = 2:1 credit
There was discussion between the Committee and Staff. The Committee requested that Staff provide a draft ordinance to be presented at the December Development Services meeting for review. |