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AFTERNOON AND WELCOME TO THE[Development Services Committee on November 15, 2022.]
NOVEMBER 15TH, 2022 MEETING OF THE DEVELOPMENT SERVICE COMMITTEE.I'M DYLAN HEDRICK, CHAIRMAN, I'M WITH ME.
I HAVE DEBORAH MORRIS, MAYOR PROAM, AND JEFF BASS.
OUR FIRST ITEM ON THE AGENDA IS THE APPROVAL OF THE MINUTES FROM THE OCTOBER 17TH MEETING.
ALL IN FAVOR, RIGHT MINUTES ARE APPROVED.
WE'RE MOVING ON TO OUR NEXT IT ITEMS FOR INDIVIDUAL CONSIDERATION.
ALWAYS LIKE TO LEAVE AN ITEM FOR PUBLIC COMMENT.
I DON'T SEE ANY MEMBERS OF THE PUBLIC HERE, BUT ALWAYS WELCOME ANYONE WHO WISHES TO COME SPEAK TO US.
THE NEXT ITEM, ITEM TWO B, WE WERE ACTUALLY GOING TO PULL FROM OUR AGENDA.
WE'LL DISCUSS IT AT A LATER DATE.
THAT'S THE DOWNTOWN AUTOMOTIVE OVERLAY DISTRICT REVIEW.
SO WE'LL MOVE ON TO ITEM TWO C, WHICH IS A REVIEW OF THE GDC TREE MITIGATION REQUIREMENTS.
UH, CONTINUING DISCUSSION OF OUR LAST MEETING.
UM, THANK YOU COUNCILMAN AND GOOD AFTERNOON COMMITTEE MEMBERS.
I'LL, UM, SO OBVIOUSLY WE BROUGHT BACK, UH, MATT FROM PARKS DEPARTMENT, UH, PER Y'ALL'S REQUEST IS HERE TO TALK ABOUT, UM, OFFSITE TREE PLANTINGS.
AND, UM, HE ACTUALLY HAS, UM, A FEW SLIDES THAT I'LL HAND OVER TO HIM IN A FEW MINUTES.
UM, SO HE'S KIND OF GIVEN THIS SOME THOUGHT AND WE'VE KIND OF GOT SOME PARALLEL, UH, POTENTIAL AMENDMENTS GOING ON, UM, REGARDING THE TREAT MITIGATION SECTION OF THE GDC.
SO FIGURE THIS WOULD BE A GREAT OPPORTUNITY TO KIND OF COMBINE THAT DISCUSSION AND LET YOU ALL HEAR WHAT, UH, KIND OF MATT HAS TO SAY AND WHAT HE'S SEEN AS, UM, SUCCESSFUL IN SOME OTHER CITIES.
UM, I'LL JUST, I'LL RUN THROUGH THIS QUICKLY.
I KNOW I RAN THROUGH IT AT THE LAST, KIND OF, AT THE TAIL END OF THE LAST MEETING AND WE WERE KIND OF RUSHING, UH, CAUSE IT WAS KIND OF THE END OF THE MEETING.
BUT I'LL JUST AS A BRIEF RECAP, UH, RUN THROUGH THIS AND THEN HAND IT OVER TO, UH, TO MATT.
BUT JUST AS A REMINDER AND THE GDC, THE PURPOSE OF THE TREE MITIGATION REQUIREMENT TO REQUIRE THE PRESERVATION OF EXISTING HEALTHY TREES AS PROPERTIES ARE DEVELOPED OR REDEVELOPED AND TO PROVIDE FOR THE REPLACEMENT OF TREES WHEN THEY'RE REMOVED FOR THE DEVELOPMENT AND REDEVELOPMENT OF LANDS, UH, TREE MITIGATION REQUIREMENTS IS REMINDER.
IT IS, UH, PER THE GDC $150 PER CALIBER INCH REMOVED AND NOT REPLANTED, UH, PROTECTED TREE IS ANY TREE, UH, SIX INCHES AND ABOVE.
UM, BUT OF COURSE, IT DEPENDS ON THE RATIOS.
UH, THE SIZE OF THE TREE AND THE SPECIES OF THE TREE.
THE, THE EXACT, UH, MITIGATION RATE VARIES.
UM, OF COURSE THE TREE, UH, MITIGATION FEES GO INTO REFORESTATION TREE MANAGEMENT FUND FOR THE CITY TO USE TO THEN, UM, UH, PROVIDE, UH, FOR LANDSCAPING AND IRRIGATION AND OTHER THINGS OF THAT NATURE.
UM, WE REVIEW STAFF REVIEWS, TREE MITIGATION PLANS, UM, AS PART OF A SITE PERMIT, UH, PROCESS.
UM, WE'VE ACTUALLY STARTED OUTSOURCING THOSE TO A THIRD PARTY LANDSCAPE ARCHITECT, WHICH HAS BEEN VERY HELPFUL GIVEN THE AMOUNT OF DETAIL IN THESE, IN THESE REVIEWS.
UM, THERE ARE SOME EXCEPTIONS FOR DEAD AND UNHEALTHY TREES.
THE GDC COULD BE A LITTLE CLEAR ON THESE, BUT THE WAY WE'VE ADMINISTERED IS, IS IF, IF IT'S A DEAD OR, UM, UNHEALTHY TREE, OR IF IT'S A TREE IN THE RIGHT OF WAY, WHICH IS ESSENTIALLY CITY PROPERTY, WE DON'T, UH, REQUIRE MITIGATION.
UM, SO JUST A FEW GDC ITEMS, UH, NEEDING CLARIFICATION.
OF COURSE, WE WENT THROUGH AN AUDIT PROCESS EARLIER THIS YEAR AND SOME OF THESE WERE IDENTIFIED AS AS PART OF THAT.
BUT, UM, WE TALKED ABOUT THIS A LITTLE BIT AT THE LAST MEETING, BUT, UM, THERE'S A TABLE THAT IDENTIFIES OTHER TREE SPECIES NOT LISTED IN TABLES 41 42, WHICH ARE LARGE CANOPY TREES AND SMALL ORNAMENTAL TREES RESPECTIVELY.
UM, MITIGATED A LOWER RATE FOR THIS OTHER TREES AND SPECIES, BUT IT'S KIND OF LUMPS IN TREES AND SHRUBS AND EASTERN RED CEDARS ARE PART OF THAT.
UM, EASTERN RED CEDARS WERE KIND OF A BIG TOPIC CONVERSATION IN THE AUDITS.
IT REALLY, WHETHER YOU COUNT 'EM OR DON'T COUNT 'EM, MAKES A BIG KIND OF FEE AND COST DIFFERENT.
SO WE'LL TALK ABOUT THAT A LITTLE BIT, UH, TODAY.
UM, OFFSITE TREE CREDITS, UM, YOU KNOW, DO WE, THE GDC DOES CURRENTLY OFFER THAT, JUST NOT REALLY MUCH OF A CRITERIA.
SO DO WE WANNA CONTINUE TO ALLOW THAT IN LIEU OF REPLANNING ONSITE OR PAYING INTO A TREE MITIGATION FUND? UM, IT WAS KIND OF NOTED DURING THE PROCESS, UM, WE HAD, UH, SOME CONCERN ABOUT ADMINISTERING AND KIND OF TRACKING THAT.
UM, THERE'S A SECTION IN THE GDC THAT TALKS ABOUT 30% LIMITATION ON TREE CREDITS.
UM, MATT AND I HAVE TALKED ABOUT THAT.
WE'LL KIND OF CONTINUE TO LOOK AT THAT, BUT THEY'RE JUST KIND OF RAISES THE QUESTION WHY ONLY 30%? UM, WE'RE NOT COMPLETELY SURE ABOUT THE INTENT OF THAT, SO WE'LL, WE'LL LOOK AT THAT.
UM, AND THEN THE, THE LAST ONE IS MORE, SOMETHING I'LL PROBABLY WORK WITH MR. INLAND ON.
THERE'S A LANGUAGE THAT HAS TO DO WITH ALTERNATIVE COMPLIANCE AND, UM, HAVING DEVELOPMENT AGREEMENTS.
SO, WE'LL, I, UH, I THINK WE PROBABLY JUST NEED TO KIND OF CLEAN THAT UP A LITTLE BIT AS FAR AS WHAT IS REQUIRED FOR APPLICANTS.
UM, I'LL RUN THROUGH THIS AS WELL.
JUST WHAT A, A COUPLE OF OTHER CITIES THAT WE KNOW HAVE TREE MITIGATION ORDINANCES.
UM, UH, KINDA LOOKED AT THOSE REGARDING EASTERN RED CEDARS CARROLLTON, UH, DOES CONSIDER THEM AS PROTECTED TREES.
THEY CONSIDER MEDIUM TREES 25 TO 40 FEET.
UM, AND THEN WHEN IT COMES TO ON, OR EXCUSE ME, OFFSITE TREE PLANTINGS, THEY DO ALLOW
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IT, UM, THEY ALLOW IT IN THE PUBLIC RIGHT OF WAY OR ON PUBLIC PARK LAND OR IRRIGATED PRIVATE OPEN SPACE.UM, WHICH SEEMS LIKE A PRETTY BROAD, UH, TERM, UM, IN LIEU OF, UH, P TREE MITIGATION FUND OR PLANTING ON SITE.
UM, ARLINGTON ALSO CONSIDERS, UH, EASTERN RED SEEDERS PROTECTED.
UM, HOWEVER, THEY DO NOT ALLOW OFFSITE TREE, OFFSITE TREE PLANTINGS TO COUNT TOWARDS MITIGATION.
THEY REQUIRE IT EITHER TO, UH, DEVELOPERS EITHER PLANT ONSITE OR IN A, UM, UH, TREE, UH, TREE MITIGATION FUND.
AND THEN THE CITY USED THAT TO PLANT TREES IN CITY RIGHT OF WAY OR PUBLIC PARKLAND.
UH, AND THEN PLANO, UH, NEVER REALLY GOT CLARIFICATION ON HOW THEY CONSIDER EASTERN RED.
CEDARS NEVER HEARD BACK FROM THEIR LANDSCAPE ARCHITECT, BUT THEY DID RESPOND ON, UM, OFFSITE TREE PLANTINGS.
THEY USED TO ALLOW IT AND GOT AWAY FROM, GOT, GOT AWAY FROM IT.
SAID IT WAS A BIT DIFFICULT TO ADMINISTER AND IT WAS A BIT PROBLEMATIC FOR THE PARKS DEPARTMENT, THEY SAID.
AND, AND THAT DEVELOPERS ARE ALWAYS ON A VERY STRICT TIME SCHEDULE.
IF THEY ARE ALLOWED TO PLAN OFF SITE, THEY, THEY WANNA DO SO AND GET THEIR PERMIT AND BE ON THEIR WAY.
WHEREAS THE PARKS DEPARTMENT, IT CAN BE A LITTLE DISRUPTIVE FOR THEIR OPERATIONS.
SO THAT WAS, UM, PLAINTIFF'S COMMENT ON THAT.
UM, AND WITH THAT, I'LL KIND OF HAND IT OVER TO, UM, MATT TO KIND OF GIVE HIS INPUT.
WILL, UH, THANK YOU COMMITTEE MEMBERS.
UM, SO THIS WAS KIND OF INTERESTING HOW THIS CAME ABOUT BECAUSE COUNCIL MEMBER SMITH HAD COME TO A, A PARKS DEPARTMENT, A PARKS BOARD, UH, MEETING A COUPLE OF MONTHS AGO WITH SOME INQUIRIES ABOUT THE TREE ORDINANCE, SPECIFICALLY AROUND BEING ABLE TO, UH, CLEAR UP FOR MAKING IT SO THEY'RE NOT SO ATTRACTIVE TO HOMELESS ENCAMPMENTS AND FOR SAFETY ISSUES AND THINGS LIKE THAT.
UM, AND SO AS WE REALLY KIND OF STARTED TO, TO DIVE INTO THE TREE ORDINANCE, UM, AND THEN FOUND OUT THAT THERE WAS SOME QUESTIONS FROM THIS COMMITTEE ABOUT THE TREE OR ORDINANCE, AND THAT WILL WAS WORKING ON THE TREE ORDINANCE, GAVE US A REALLY GREAT OPPORTUNITY TO REALLY KIND OF GET TOGETHER, PUT OUR HEADS TOGETHER AND GO THROUGH THIS.
AND, AND JUST TO GIVE YOU A LITTLE BIT OF A BACKGROUND IN MY PREVIOUS, UM, POSITION, I'VE WORKED WITH SEVERAL DIFFERENT CITIES, UH, ACROSS THE METROPLEX TO HELP THEM REWRITE THEIR TREE ORDINANCE, ESPECIALLY AFTER THERE WAS SOME LANGUAGE AND SOME THINGS THAT CHANGED AT THE STATE LEVEL IN TERMS OF RESTRICTING WHAT WHAT CITIES COULD OR COULD NOT DO, WHICH LED TO A LOT OF REWRITES, UH, THROUGHOUT THE YEAR.
AND THE FIRST THING WHEN WE REALLY KIND OF DO DOVE INTO TO THIS, UM, OUR ORDINANCE IS IT'S A REALLY GOOD ORDINANCE.
UH, AND IT HAS BEEN FUNCTIONING AS IT'S SUPPOSED TO BE FUNCTIONING.
UM, IT REALLY JUST NEEDS SOME CLARIFICATION AND A LITTLE BIT OF FINE TUNING.
UM, AND SO WHAT I WAS GONNA KIND OF GO OVER WITH YOU TODAY IS JUST WHAT SOME OF THOSE CLARIFICATIONS ARE AND SOME OF THAT FINE TUNING THAT ARE MY RECOMMENDATIONS THAT REALLY STILL THE SPIRIT OF THE ORDINANCE IS STILL THERE.
IT STILL FUNCTIONS THE WAY THAT IT NEEDS TO FUNCTION, BUT WE'RE JUST GONNA KIND OF CLEAR IT UP A LITTLE BIT AND MAKE IT A LITTLE BIT MORE, IT'LL BE EASIER TO ADMINISTER FROM OUR END.
IT'LL BE EASIER FOR DEVELOPERS AND CONTRACTORS THAT ARE, UH, TO ARE DOING TREE MITIGATION IN THE CITY TO BE ABLE TO DO THEIR TREE SURVEYS, TO BE ABLE TO UNDERSTAND THE TREE ORDINANCE, UM, AND GIVE IT A LITTLE BIT MORE, UH, FLEXIBILITY.
AND THEN THERE'S SOME DECISION POINTS IN THERE THAT, THAT ARE POLICY DECISIONS THAT WE'LL BE LOOKING TO YOU AND, AND TO COUNSEL TO BE ABLE TO GIVE US SOME GUIDANCE ON IN TERMS OF WHICH WAY WE WANT TO GO.
SO I'M GONNA LAY OUT SOME OF THOSE KIND OF HIGH LEVEL THINGS TODAY AND THEN WE'LL BE HAPPY TO COME BACK AT A, A FUTURE MEETING AND GO OVER ANY OF THOSE IN MORE DETAIL, CAN SHOW YOU SOME EXAMPLES OF HOW, UM, PAST, UH, SOME, SOME PAST PROJECTS THAT HAD SOME PRETTY BIG, UH, TREE TREE MITIGATION THAT WAS DUE AND HOW SOME OF THESE CHANGES WOULD KIND OF MAYBE HELP THAT OR NOT HELP THAT, OR HOW IT WOULD BE REINVIGORATED OR, AND, AND ALSO THEN LOOKING AT HOW WE CAN ADD INCENTIVES, UM, LIKE SAVING TREES AND TRANSPLANTING TREES AND DOING THINGS TO BE ABLE TO, UM, PRESERVE TREES ON SITE TO BE ABLE TO COUNT AGAINST THAT MITIGATION.
UM, A LOT OF THE THINGS THAT I DIDN'T PUT INTO THE, I DIDN'T PUT INTO THE, UM, PRESENTATION.
THERE'S JUST SOME BASIC, UM, LINGO AND, AND PROFESSIONAL, UH, THINGS THAT NEED TO BE ADDED TO IT.
FOR ONE, IT, IT REFERS TO CALIPER INCHES.
CPER INCHES IS, IS STRICTLY A, A NURSERY MEASUREMENT WHEN YOU'RE MEASURING STANDING TREES.
IT'S ALWAYS MEASURED IN DBH DIAMETER AT BREAST HEIGHT.
AND WE REFER TO EVERYTHING IN CALIPER INCHES, EVEN THOUGH WE'VE BEEN GETTING ALL OF OUR MEASUREMENTS IN DBH.
SO THERE'S SOME CLEANUP THINGS IN THERE.
UH, WITHIN OUR PURPOSES AND DEFINITIONS, ONE OF THE THINGS THAT I'M GONNA RECOMMEND THAT WE ADD IS A PROVISION THAT ANY TREE THAT ENDANGERS THE PUBLIC HEALTH, SAFETY OR WELFARE OF IMMEDIATE AND IMMEDIATE REMOVAL IS REQUIRED DUE TO STRUCTURAL INTEGRITY CONCERNS OR POSE AN IMMEDIATE OR IMMINENT RISK TO PERSONS OR PROPERTY NOT HAVE TO FALL UNDERNEATH THE TREE PRESERVATION.
IT WOULD BE NON-PROTECTED TREES.
THAT MEANS IF WE HAVE A TREE THAT'S HAZARDOUS, IT'S LEANING, IT'S UNSAFE, IT CAN BE REMOVED.
THAT ALSO CAN APPLY TO, IF WE HAVE LARGE STAINS OF TIMBER OR, OR TREES WHERE, UH, WE MAY BE HAVING A A, A BIG PROBLEM WITH HOMELESS ENCAMPMENTS OR THINGS LIKE THAT, WE'LL BE ABLE TO GO IN.
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A LOT OF, OF WHAT COUNCIL MEMBER SMITH'S CONCERNS WERE BECAUSE THAT WOULD BE CONSIDERED A, A HEALTH HAZARD, UH, THAT WE COULD, WE COULD WAIVE THOSE RIGHTS.ALSO WITHIN IN THERE IS, WE DON'T PRESERVE, WE DON'T PROTECT, IT'S NOT A PROTECTED TREE.
ANYTHING THAT'S LESS THAN SIX INCHES IN DBH.
SO WE ALREADY HAVE THAT PROVISION IN THERE CUZ MOST OF THESE AREAS WHERE WE'RE HAVING TO GO IN AND DO THESE CLEARING, WE'RE REMOVING THINGS THAT ARE SMALLER THAN SIX INCHES.
UH, WE, VERY RARE DO WE GET INTO THESE AREAS WHERE WE'RE CLEANING THESE AREAS OUT AND WE'RE HAVING REMOVED TREES THAT ARE LARGER THAN SIX INCHES.
SO A LOT OF THOSE CONCERNS ARE, ARE THERE, UM, WE'RE KIND OF A LITTLE BIT UNIQUE IN THIS CITY WHERE WE ACTUALLY, UM, MENTION TREES IN TWO OF OUR DIFFERENT CODES OF ORDINANCES.
WE HAVE IT WITHIN OUR GDC BUT THEN WE ALSO HAVE IT IN OUR CHAPTER 25 OF OUR PARKS ORDINANCE WHERE WE SPECIFICALLY CALL OUT, UH, NON-DAMAGING PLANTS IN OUR PARKS AND OTHER RECREATIONAL FACILITIES.
I THINK WE CAN KEEP THAT IN OUR PARKS ORDINANCE, BUT I THINK THAT'S ALSO SOMETHING THAT NEEDS TO BE, UM, MENTIONED WITHIN OUR GDC WITHIN, UM, ARTICLE FOUR.
SO THAT'LL BE A RECOMMENDATION THAT WE'LL BRAIN FORWARD WHERE THE MEAT OF, OF WHAT WE REALLY NEED TO DO IS KIND OF LOOK AT WHAT IS A PROTECTED TREE.
UM, AND WHEN I HAVE A PHILOSOPHY WHEN IT COMES TO ORDINANCES IS I DON'T LIKE TO HAVE LISTS.
UM, ANYTIME YOU HAVE A LIST, UH, THAT MEANS ANYTIME YOU WANT TO CHANGE THAT LIST, YOU HAVE TO OPEN UP THE ENTIRE ORDINANCE.
AND, AND THAT'S A PROCESS AS, AS YOU ALL KNOW.
AND RIGHT NOW, ALL OF OUR TREE PROTECTION STANDARDS RELATE TO A LIST THAT IS ALSO RELATED TO OUR TREE PLANTING STANDARDS.
AND THEN THOSE ARE BETWEEN TWO DIFFERENT ARTICLES.
IT GETS REALLY COMPLICATED IF YOU'RE TRYING TO IMPLEMENT THIS AND DO YOUR TREE SURVEY, YOU'RE HAVING TO PULL UP BOTH ARTICLES, YOU'RE HAVING TO PULL UP THE LIST AND JUST MAKES IT A LITTLE BIT MORE CUMBERSOME TO BE ABLE TO DO PLUS TREES CHANGE.
UH, RIGHT NOW WE HAVE IT AS A RECOMMENDED TREE LIST THAT'S RELATED TO OUR LANDSCAPING ORDINANCES, BUT THERE'S ALWAYS NEW CULTIVARS THAT ARE COMING ONLINE.
THERE'S NEW PLANTS THAT ARE BEING THERE.
SO BEING ABLE TO GIVE LANDSCAPERS FLEXIBILITY AND ALSO BEING ABLE TO MAKE SURE THAT WE'RE NOT MISSING TREES OUT THERE THAT MIGHT NOT BE ON THAT LIST, THAT WOULD NOW WE'RE NOT ACTUALLY GETTING MITIGATION INCHES FOR IF THEY, IF THEY DIDN'T, IF THEY FELL WITHIN A A, AN AREA THAT THEY NEEDED TO BE MITIGATED, BUT THEY WEREN'T ON THAT LIST.
UH, IT'S IT, AND THEN IT JUST MAKES IT HARD TO UPDATE IT.
SO ONE RECOMMENDATION THAT WHAT I'LL BE PROPOSING IS THAT WE STAY WITH THE SIX INCHES, CUZ SIX INCHES IS A VERY GOOD SIZE FOR US TO BE ABLE TO PROTECT.
AND WE JUST SAY THAT ANY HEALTHY GROWING SELF WOODY PERENNIAL PLANT THAT HAS A MINIMUM DIAMETER AT BREAST HEIGHT, THE SIX INCH AND IS NOT CLASSIFIED AS AN UNPROTECTED TREE IN THIS ARTICLE.
AND SO IN PLACE OF LISTS, WHAT WE DO IS WE ADD UNPROTECTED TREES AND, AND WE DO NEED TO HAVE SOME TREES THAT ARE UNPROTECTED.
WE HAVE INVASIVE TREES, WE HAVE THINGS LIKE THAT THAT JUST DON'T HAVE ANY BUSINESS BEING THERE.
AND IT DOESN'T DO US ANY GOOD TO BE ABLE TO CHARGE SOMEBODY FOR CUTTING THOSE TREES DOWN.
UH, AND THIS IS WHERE SOME OF THOSE POLICY DECISIONS WILL HAVE TO START BEING MADE.
MY RECOMMENDATION TO KIND OF START WITH IS A TYPICAL LIST.
THINGS LIKE PARA TREES, CHINA BERRIES, CHINESE TALL, UM, UH, CERTAIN TYPES OF HOLLY SPECIES, PALMS TREE OF HEAVEN OR ATLANTIS, WHICH IS A MAJOR INVASIVE SPECIES.
AND THEN ALL OTHER SPECIES THAT ARE LISTED BY THE TEXAS A AND M FOREST SERVICE.
BOTH THE TEXAS PARKS AND WILDLIFE AND TEXAS A AND M FOREST SERVICE KEEP A LIST OF WHAT THEY CONSIDER INVASIVE SPECIES, WHETHER IT'S GRASSES OR TREES OR ZEER MUSSELS.
AND SO IF IT FALLS WITHIN THAT INVASIVE SPECIES LIST, THEN THAT WOULD BE A NON-PROTECTED TREE.
WHERE SOME OF THOSE POLICY DECISIONS, UH, WE'LL BE LOOKING FOR DIRECTION ON IS, DO WE INCLUDE TREES LIKE EASTERN RED CEDAR? DO WE INCLUDE TREES LIKE COTTON WOODS? DO WE INCLUDE TREES LIKE HACKBERRIES AND SUGAR BEES? UM, THOSE ARE ALL TREES THAT DO HAVE VALUE.
THEY ARE NATIVE TREES, UM, BUT TEND TO BE WHAT WE CALL, UH, INVASIVE TREES IN FIRST GENERATION TREES THAT GROW FAST.
SO THEY COME INTO AREAS AFTER THEY'VE BEEN CLEARED.
UM, AND A LOT OF TIMES THEY'RE THE ONES THAT DEVELOPERS HAVE THE BIGGEST HEARTBURN AND THEY CAN USE LEAD TO REALLY, REALLY HIGH MITIGATION FEES, ESPECIALLY IF YOU'RE IN AN OLD FIELD SITE THAT USED TO BE GRAZED AND THEN THEY STOPPED GRAZING IT AND NOW IT'S FULL OF SIX AND SEVEN INCH HACKBERRIES AND EASTERN RED CEDAR CUZ THEY GROW THE FASTEST AND GET REALLY BIG.
IS THAT REALLY THE SPIRIT OF, OF WHAT THE TREE ORDINANCE, WHAT WE WANT OUR TREE ORDINANCE TO BE? AND AGAIN, THOSE WILL BE SOME DECISION POINTS THAT WE'LL BE LOOKING TO YOU ALL TO, TO, TO SAY.
UM, RIGHT NOW, TO ME, EASTERN RED CEDARS IS A GOOD ONE TO KEEP ON THERE.
BUT HACKBERRIES AND SUGAR BEES AND, AND THOSE TYPES OF TREES REALLY DO HAVE A REALLY GOOD WILDLIFE VALUE.
THEY DO HAVE A LOT IN STORM WATER BENEFITS AND, AND THEY USUALLY GROW AROUND OLD FENCE, FENCE, TREE FENCE ROWS AND THINGS LIKE THAT WOULD BE ONE THAT I WOULD RECOMMEND NOT PUTTING ON THE UNPROTECTED TREE LIST AT THIS POINT.
BUT AGAIN, I'D BE HAPPY TO ANSWER MORE QUESTIONS AS WE GO INTO THAT.
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SO HOW DO WE HANDLE THE REST OF THE TREES THAT ARE IN THERE? WELL, IT'S KIND OF THE SAME PHILOSOPHY.WE'RE JUST GONNA KIND OF GIVE IT A LITTLE BIT OF DIFFERENT LINGO.
SO INSTEAD OF HAVING A TREE LIST, WHAT I'LL RECOMMEND IS WE HAVE WHAT'S CALLED A CLASS ONE OR SIGNIFICANT TREE LIST.
AND THESE ARE OUR BIGGEST OR OUR BEST.
SO WE WANNA MAKE SURE THAT IF YOU'RE GONNA COME IN AND DEVELOP A SITE AND YOU'RE GONNA CUT DOWN A BUNCH OF OUR BIGGEST AND BEST TREES, OUR OAKS AND OUR PECANS.
AND THEY'RE REALLY, REALLY BIG AND THEY'VE BEEN THERE FOR A REALLY LONG TIME, THAT WE RECOGNIZE THAT THOSE TREES HAVE VALUE AND THAT THEY NEED TO BE ABLE TO MITIGATE THOSE TREES IF THEY'RE GONNA CUT 'EM DOWN AGAIN, NOTHING IN THIS ORDINANCE IS GONNA SAY THAT YOU CAN'T CUT A TREE DOWN.
WE'RE JUST GONNA PUT THE APPROPRIATE VALUE ON THOSE TREES BASED ON, ON WHAT THEY ARE.
SO, UH, A GOOD DEFINITION THAT WE'VE, I'VE USED IN OTHER ORDINANCES FOR A CLASS ONE TREE WOULD BE ALL TREE.
IT WOULD BE TREES OF THE FOLLOWING SPECIES THAT HAVE A MINIMUM DBH OF 18 INCHES.
SO 18 INCHES IS A, A VERY LARGE TREE FOR AMERICAN ELM, SIBERIAN ELM, SLIPPERY ELM, CEDAR ELM, ALL SYCAMORES, CHI WOODS, COMMON PERSIMMON, PECANS, ALL OAKS AND WALNUTS.
THESE ARE OUR BEST QUALITY SPECIES THAT WE HAVE.
THEY'RE, THEY'RE A SLOWER GROWING TREE.
THEY'RE GOING TO, THEY'RE OLDER TREES.
IF YOU GET AN 18 INCH OAK AROUND HERE, IT'S GONNA BE A FAIRLY OLD TREE.
THESE AREN'T TREES THAT ARE GONNA BE FOUR OR FIVE YEARS OLD, UM, BECAUSE OF THE NATURE OF WHAT TYPE OF TREE THEY ARE.
SO IF THEY FALL UNDER THAT CLASS ONE TREE, A RECOMMENDATION WOULD BE THAT THOSE, AGAIN, JUST LIKE WE HAVE IN THE LIST, BUT AGAIN JUST CLASSIFYING THESE A LITTLE BIT DIFFERENTLY, WOULD BE REPLACED AT A TWO TO ONE RATIO.
SO IF YOU HAVE AN 18 OR OR A 20 INCH PECAN TREE, THE REPLACEMENT VALUE ON THAT WOULD BE 40 INCHES.
AGAIN, BECAUSE THAT'S SUCH A UNIQUE TREE TO OUR AREA.
CLASS THREE TREE WOULD BE THOSE TREES ON THE COMPLETE OPPOSITE END OF THE SPECTRUM.
THEY'RE ONES THAT WE DON'T, AREN'T AS HIGH OF VALUE TREES, WE WOULD SAY AN OAK OR A PECAN OR A WALNUT IS, BUT WE RECOGNIZE THAT IT HAS VALUE.
SO THOSE WOULD BE THINGS LIKE OUR ASHES AND OUR WILLOWS, HACKBERRIES, UH, COTTONWOOD, SILVER MAPLES, BOX WOODS, THINGS LIKE THOSE.
AND THOSE WE WOULD RECOMMEND, UH, REPLACING AT A RATIO OF HALF TO ONE.
SO IF YOU HAVE A, A SIX INCH WILLOW OR A SIX INCH MULBERRY, THAT WOULD BE REPLACED AT A THREE INCH PER RATIO.
SO AGAIN, YOU'RE NOT DOING THE WHOLE, YOU'RE GETTING A LITTLE BIT OF A BREAK, BUT WE'RE STILL RECOGNIZING THAT THOSE TREES HAVE VALUE.
AND THEN IF IT'S NOT CLASSIFIED AS A ONE OR A ONE OR A THREE, THEN IT FALLS INTO OUR CATCHALL, WHICH IS OUR CLASS TWO.
SO IF A TREE'S NOT ON THE, THE UNPROTECTED LIST, UM, AND THEN IT'S NOT A, A CLASS ONE OR CLASS THREE TREE AND IT'S A CLASS TWO TREE AND THEN THAT WOULD BE MITIGATED AT A ONE TO ONE INCH.
SO THAT WOULD BE ANY OAK THAT'S BETWEEN SIX AND 17 INCHES OR ONE THAT'S NOT ON THAT LIST THAT WE RUN ACROSS.
CUZ BELIEVE IT OR NOT, YOU'LL YOU'LL FIND WEIRD SPECIES OUT THERE THAT WE DIDN'T EVEN KNOW THAT WE, WE HAD, UH, WE WANNA MAKE SURE THAT WE'RE, WE'RE CAPTURING THOSE.
AND SO THAT'S A WAY TO MAKE SURE THAT WE DON'T HAVE ANY SODA, UH, SLIP THROUGH THE CRACKS, SO TO SPEAK.
BUT AGAIN, YOU KNOW, I HAVE WORKED WITH CITIES WHERE THEY HAVE FELT VERY STRONGLY THAT THAT HACKBERRIES NEED TO BE UN UNPROTECTED TREES AND, AND THEY'VE MADE THOSE POLICY DECISIONS TO MAKE THEM UNPROTECTED TREES AS WELL AS ANY OF THOSE TREES WITHIN THE CLASS THREE.
THERE'S MANY DIFFERENT WAYS THAT WE CAN BREAK THOSE.
THIS SECTION DOWN, THIS IS JUST A A AN EXAMPLE.
UM, I'VE SEEN OTHER CITIES WHERE THEY SAY, WELL, WE REALLY WANT TO KEEP EASTERN RED CEDARS AND HACKBERRIES ON THERE, BUT WE DON'T EVEN WANT TO DO 'EM AT A HALF OF AN INCH.
WE WANT TO DO 'EM AT A QUARTER OF A REPLACEMENT INCH.
SO THIS IS, THIS IS REALLY KIND OF JUST SOME BACK AND FORTH IN, IN WORKING WITH YOU ALL TO SAY, OKAY, WHERE DO YOU FEEL COMFORTABLE? WHAT MAKES SENSE IN TERMS OF SOME POLICY DECISIONS AND THE BEST WAY TO DO IT? AND I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT WHY OR WHY YOU WOULDN'T WANT TO GO THAT ROUTE.
UM, AND THEN THE OTHER BIG THING THAT WE REALLY DIDN'T HAVE IN HERE THAT I ALWAYS FEEL STRONGLY NEEDS TO HAVE IS THERE NEEDS TO BE A WAY TO INCENTIVIZE DEVELOPERS TO SAVE TREES.
AND RIGHT NOW WE REALLY DON'T, IT, IT DOESN'T ALWAYS HAVE TO BE ALL ABOUT THE HAMMER IN TERMS OF MAKING THEM PAY BIG FINES INTO OUR OUR TREE MITIGATION FUND.
BUT HOW DO WE PUT SOME TOOLS INTO THE TOOLBOX THAT IF THEY SAVE SOME TREES, IF ON SITE, HOW CAN THEY GET CREDIT AGAINST THAT MITIGATION? UH, AND THERE'S A COUPLE WAYS TO DO THAT.
ONE, UM, IS TRANSPLANTING TREES.
YOU CAN TRANSPLANT TREES IF IT'S DONE RIGHT.
AND THERE OBVIOUSLY HAS TO BE, THERE WOULD BE SOME VERY STRICT LANGUAGE THAT WAS IN THERE AND HOW THOSE TREES ARE TRANSPLANTED AND, AND THEY HAVE TO SURVIVE FOR TWO YEARS AFTER TRANSPLANTATION.
BUT IF YOU PLANT TRANSPLANT TREES ON SITE, UM, YOU CAN GET CREDIT AGAIN HERE IS IS IF IT'S LESS THAN SIX INCHES, ONE TO ONE ALL THE WAY UP TO WHERE IF YOU WERE TRANSPLANTING A VERY LARGE TREE, YOU COULD GET AS MUCH AS A FIVE TO ONE CREDIT.
AND THE REASON THOSE NUMBERS JUMP SO HIGH IS THE BIGGER THE TREE IS, THE MORE EXPENSIVE IT IS TO TRANSPLANT IT.
UM, SO YOU SHOULD GET MORE CREDIT, ESPECIALLY IF YOU'RE DOING IT THE RIGHT WAY AND YOU'RE GONNA BE ABLE TO SAVE THAT TREE.
AND THEN THE OTHER IS PRESERVATION OF PROTECTED TREES ON SITE.
SO IF YOU'RE PROTECTING HEALTHY PROTECTED TREES, UM,
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IN THAT SIX TO 17 INCHES, YOU GET A ONE TO ONE CREDIT.AND IF YOU'RE PROTECTING AN 18 INCH TREE, THAT WOULD BE A TWO TO ONE CREDIT.
AND I LOOKED AT A COUPLE OF JUST QUICK EXAMPLES, UM, ON, ON SOME OF THE TREE SURVEYS THAT WE'VE HAD HAD IN, AND THAT IF THIS, WHAT THIS DOES IS IT GIVES A DEVELOPER AN OPPORTUNITY TO COME IN AND, AND RELAY OUT A SITE PLAN BECAUSE IT'S VERY POSSIBLE THERE COULD BE ONE REALLY BIG OAK ON THAT PROPERTY THAT IF THEY JUST PRESERVE THAT ONE TREE COULD, COULD WIPE OUT A LOT OF OTHER MITIGATION INCHES THAT THEY HAVE IT.
AND SO AGAIN, IT'S, IT'S ABOUT GIVING THEM OPTIONS AND ADDITIONAL WAYS TO BE ABLE TO OFFSET THAT MITIGATION WITHOUT ALWAYS HAVING TO WRITE A CHECK OR TO, TO GO TO COUNCIL TO LOOK FOR A WAIVER.
UH, IT'S REALLY ABOUT TRYING TO WORK WITH THAT DEVELOPER TO BE ABLE TO FIND A WAY TO, TO PRESERVE THE BEG AND BEST TREES THAT WE HAVE, UH, AND THEN NOT TRY TO, TO IMPLEMENT THINGS THAT WOULD BE, UM, PAYING FOR TREES THAT NECESSARILY DON'T HAVE AS MUCH VALUE AS WE'D WANT THAT WE WOULD NORMALLY SEE.
UM, SO THOSE ARE JUST KIND OF SOME HIGH LEVEL THINGS.
YOU KNOW, THERE'S SOME DEFINITIONS THAT WE NEED TO ADD, UH, IN HERE.
WE NEED TO PUT A DEF BETTER DEFINITION IN FOR DBH, FOR DRIP LINE, FOR INVASIVE SPECIES, FOR PROTECTED TREES.
UH, AND THEN REALLY THE REST OF IT'S JUST KIND OF SOME MINOR CLEANUP.
AND THEN OBVIOUSLY WE, WE NEED TO RE-LOOK AT SOME OF THE THINGS THAT WILL HAD MENTIONED THAT IS IN, THAT'S IN HERE.
BUT THOSE ARE SOME OF THE BIG TICKET THINGS THAT WE KIND OF SAW, UH, THAT WE WANTED TO PRESENT TO YOU AN, UH, ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.
UM, AND THEN PROBABLY COME BACK WITH, UH, A MORE REFINED DRAFT WITH SOME RED LINES ON IT THAT YOU GUYS CAN ACTUALLY START TO DIG INTO AND, UM, MOVE FORWARD WITH ACTUALLY.
CAN YOU GO BACK TO THE, UH, SLIDE WHERE IT TALKED ABOUT THE INVASIVE, UM, THE UN HERE? YEAH, THE UNPROTECTED TREES.
AND THEN CAN YOU GO TO THE SLIDE AFTER THIS ONE? YES, SIR.
OKAY, SO WHERE IT SAYS CLASS TWO TREE, ANY TREE NOT OTHERWISE CLASSIFIED? YES SIR.
DOES THAT CONFLICT WITH THE SLIDE BEFORE OR NO? NO.
CUZ WHAT YOU'RE SEEING HERE IS THESE ARE WHAT WOULD BE CONSIDERED AN UNPROTECTED TREE.
SO IF IT FELL ONTO THIS LIST OR WHATEVER THIS LIST ENDED UP BEING, IT WOULDN'T EVEN SHOW UP ON A TREE SURVEY BECAUSE IT'S NOT PROTECTED.
THEY CAN, THEY WOULD BE ABLE TO REMOVE THIS TREE WITH NO FINE PENALTY, UM, EVEN PERMISSION, SO TO SPEAK, BECAUSE IT'S AN UNPROTECTED TREE IF IT'S NOT AN UNPROTECTED TREE.
SO IF IT'S NOT ONE OF THE SPECIES, IT WOULD FALL INTO THIS GROUP, THEN IT WOULD BE EITHER, IT WOULD BE CLASSIFIED INTO ONE OF THESE THREE DIFFERENT, UM, CLASSIFICATIONS.
SO THE UNPROTECTED IS CONSIDERED A CLASSIFICATION? YES, SIR.
UM, AND I'M GONNA TELL YOU GOING BACK TO AT THE BEGINNING WHERE YOU TALKED ABOUT, UH, WHAT WE ALL TALKED ABOUT, WHAT OTHER CITIES ARE DOING MM-HMM.
SO THE MORE YOU KNOW, IT'S, I'M OF THE OPINION, THE MORE WE HAVE TO ADMINISTER, THE MORE WE HAVE TO MONITOR, THE MORE DIFFICULT IT'S GONNA BE.
AND I, I THINK, YOU KNOW, I WOULD, I'M OF THE OPINION WHERE WE, YOU KNOW, DON'T GIVE THEM THE OPPORTUNITY TO MOVE THE TREE, YOU KNOW, UM, FAR AWAY OR EVEN ON CITY PROPERTY.
I MEAN, IF, IF THEY'RE GONNA MOVE IT TO PARKS PROPERTY, I WOULD RATHER WE TAKE CARE OF THAT, NOT HAVE TO COORDINATE AND WE HAVE ALL THE ADMINISTRATIVE COSTS IF WE WERE DOING IT, YOU KNOW, SO, UM, I THINK IT WAS, WHAT WAS IT ARLINGTON WAS DOING, LET'S SEE, ARLINGTON, RIGHT? UM, DID NOT ALLOW OFFSITE TREE PLANTINGS TO COUNT TOWARDS MITIGATION FOR DEVELOPERS.
THIS IS, YEAH, THIS IS EXACTLY WHAT I AGREE WITH THIS SLIDE RIGHT HERE THAT MY COLLEAGUE WAS JUST KIND OF STATING THE PURPOSE OF THE TREE MITIGATION FUND IS TO PLANT TREES IN CITY RIGHT OF WAY IN PUBLIC PARKLAND.
ONCE THEY GET THE TREE MITIGATION FUND, THEY ADMINISTER THAT.
SO, UM, AS FAR AS THIS PART OF THE PRESENTATION GOES, THIS IS, THIS IS HOW, THIS IS MY OPINION HERE TOO AS WELL.
I, I I AGREE WE DON'T NEED TO, I MEAN, IT'S FUN TO GIVE YOU MORE WORK
SO, UM, I WOULD AGREE THAT WE DON'T WANT TO ALLOW OFFSITE TREE PLANTINGS, UH, ABOUT THE 30% LIMITATION ON TREE CREDITS.
UM, I ALSO DON'T KNOW WHY 30% IS SOME MAGIC NUMBER THAT CREPT IN.
UM, DO YOU HAVE MATT A RECOMMENDATION FOR A DIFFERENT PERCENTAGE OR DOING AWAY WITH THE PERCENTAGE? WHAT IS YOUR THOUGHT ON THAT? I, THAT
[00:25:01]
WAS, WHEN WE READ THROUGH THIS, THIS IS THE FIRST TIME I'D EVER SEEN THIS IN, IN A, A PARTICULAR ORDINANCE.AND TO ME IT LOOKS LIKE A PROVISION THAT WAS PROBABLY ADDED BECAUSE THERE MIGHT HAVE BEEN A PARTICULAR PROPERTY THAT HAD A REALLY HIGH MITIGATION AND IT WAS ADDED INTO ALLOW SOMETHING TO HAPPEN.
THAT'S KIND OF JUST MY INTERPRETATION OF IS THAT I READ IT.
UM, TO ME IT ALSO LOOKS AS THOUGH THIS IS, HAS A LITTLE BIT TO DO WITH, WITH THE PLANTING ORDINANCE ON IT AS WELL AS I KIND OF INTERPRET THIS, IS IT'S A LIMITATION ON THE NUMBER OF TREES THAT NEED TO BE PLANTED BASED ON THE MATURE, UH, ORNAMENTAL TREES THAT WERE PRESERVED ON SITE.
SO I THINK IT KIND OF TIES MORE TO THE LANDSCAPING, UM, PORTION OF IT AS OPPOSED TO THE, THE TREE MITIGATION PORTION OF IT IS KIND OF HOW I READ IT.
UM, I DON'T USUALLY HAVE A LIMITATION ON TREE CREDITS IN TERMS OF WHAT THE MITIGATION IS.
THAT'S HOW WE DO THAT THROUGH PICKING OF, OF SPECIES IN, IN THE WHAT, HOW YOU WANT TO MITIGATE ANY PARTICULAR SPECIES, WHETHER IT'S HALF OF ONE TO ONE RATIO OR TWO TO ONE RATIO, OR FIVE TO ONE RATIO.
THAT'S KIND OF HOW YOU CAN CONTROL THAT PIECE OF IT.
SO SINCE THIS IS CURRENTLY IN HERE, DO YOU HAVE AN OPINION OF WHAT WE SHOULD DO WITH IT OR? MY RECOMMENDATION WOULD BE TO REMOVE IT COMPLETELY.
UM, SO I, I HAD ALREADY MADE THAT NOTE HERE, BUT I WANTED TO MAKE SURE I UNDERSTOOD WHAT WE WERE DOING.
UM, I, I CONCUR IT, IT CAUSES MORE CONFUSION THAN ANYTHING AND I, I, I KNOW EVEN WHEN, UM, JED FROM AUDIT AND I WERE LOOKING AT IT AND LOOKING AT THESE TREE MITIGATION PLANS, WE HAD A DIFFICULT TIME OF EVEN JUST UNDERSTANDING THE INTENT AND, UM, HOW TO REALLY EFFECTIVELY APPLY IT.
YEAH, I WOULD BE IN FAVOR OF JUST LOSING THAT BECAUSE ANYTHING I HAVE TO READ FOUR TIMES AND I'M STILL GOING, WHAT KIND OF TELLS ME IT'S, IT'S, IT'S EITHER USELESS OR REALLY POORLY WRITTEN.
SO THIS ONE MAY BE BOTH, UM, SO EASTERN RED CEDARS, SO IT LOOKS LIKE THEY'RE PROTECTED IN ARLINGTON.
UM, AND I THINK THEY WERE PROTECTED IN SEVERAL OTHER CITIES AS WELL.
AND THAT'S REALLY A, A QUANDARY AS AS OUR HACK BEES.
UM, AND I DO UNDERSTAND THE, UM, I DO UNDERSTAND THE, THE VALUE TO WILDLIFE WITH HACK BERRIES.
AND AS YOU POINT OUT, THERE ARE LONG TREE LINES, THERE ARE LONG, UH, OVERHEAD POWER LINES, YOU KNOW, LINING THEM.
UM, AND, AND THAT DOES HAVE A, A DIFFERENT KIND OF VALUE HOW, HOWEVER, UM, I WAS, I REALLY LIKE, UH, THE PRESERVATION CREDITS AND THE WAY THAT ALL TOO OFTEN, AND THIS HAS BEEN ONE OF THE THINGS THAT BOTHERS ME, WHEN WE HAVE A DEVELOPER COME WHO'S GOT A REALLY HIGH MITIGATION BILL, WE, WE NEVER HOLD THEM TO IT.
I, I DON'T EVEN KNOW WHY WED DO THAT.
AS A GAME, WE ALWAYS WAVE MOST, IF NOT ALL OF THEIR TREE MITIGATION.
SO RATHER THAN CONTINUING TO HAVE THIS, YOU KNOW, HARSH LINE, I, I LOVE THE IDEA OF INCENTIVIZING THEM TO, UM, TO PRESERVE SIGNIFICANT TREES.
LIKE YOU POINTED OUT ONE REALLY SPECTACULAR TREE.
I, I CAN TELL YOU THE, THE WORK HERE ON THE SQUARE, I HEARD A LOT WHEN THOSE GROGGY ICE BROKEN TREES CAME DOWN AND A LOT OF PEOPLE ALSO WERE GREATLY RELIEVED THAT THE ONE TREE ON THE NORTH SIDE THAT WE WERE PRESERVING.
DID YOU WANNA INTERRUPT? JUST, JUST A THOUGHT, UM, JUST A CONSIDERATION.
OFTENTIMES WE USE THE TREE MITIGATION AS A MEANS TO NEGOTIATE FOR MATERIAL BUILDING MATERIALS.
SO JUST KEEP THAT IN MIND IF, UM, UM, THERE'S ONE ADVAN, IT'S JUST ONE, IT'S JUST ONE DATA POINT THOUGH, SO AS YOU DISCUSS IT, JUST KEEP THAT IN MIND.
AMONG OTHER ITEMS. SOMETIMES IT MAY BE A TRAIL OR A PUBLIC PARK THEY'RE DEDICATING OR SOMETHING LIKE THAT.
WELL, IT'S A GOOD, IT'S A GOOD, UH, NEGOTIATION PIECE.
BUT ALONG WITH THAT, I REALLY LIKE THE INCENTIVIZING, UH, THE, CAN YOU GO TO THAT SLIDE PLEASE? WHERE YOU HAVE THE DIFFERENT CATEGORIES? UM, THE CLASS, THE DIFFERENT CLASSES? YEAH, THE CLASSES.
SO, UM, AND YOU HAD MENTIONED MATT POSSIBLY HAVING THE, THE CLASS THREE TREES BE REPLACED AT A LESSER, UM, A LESS PAINFUL RATIO.
SO, SO RIGHT NOW WHAT MY RECOMMENDATION IS IS THEY WOULD BE, UH, UM, MITIGATED AT A 0.5 TO ONE, SO HALF, UM, RIGHT NOW WE DO HAVE, IN OUR CURRENT ORDINANCE, IT'S, IT'S A 25%, UH, RATIO.
SO THERE IS AN OPTION THAT IF YOU WANTED TO GO LOWER ON THERE, YOU COULD, OR YOU COULD LEAVE SOME AT A HALF AND DO A
[00:30:01]
CLASS FOUR TREE WHERE THOSE ARE AT, AT 25%.THIS IS REALLY THE NUT NITTY GRITTY OF IT.
UM, AND THERE, SO THERE'S A LOT OF DIFFERENT WAYS TO BE ABLE TO SLICE UP THIS PIE.
UM, THIS IS, TO YOUR POINT, KEEPING IT SIMPLE, UH, IS EASIER TO ME.
IF YOU'RE GONNA HAVE THESE ON THIS LIST AND YOU'RE GONNA DO, AND WE'RE GONNA PRESERVE A TREE, A A 0.5 IS AS LOW AS I WOULD GO.
IF YOU'RE GONNA GO TO A 0.25, YOU MIGHT AS WELL MAKE IT AN UNPROTECTED TREE AND, AND JUST LET 'EM DO WHAT THEY ARE WITH IT.
UM, BUT AGAIN, THOSE ARE POLICY DECISIONS THAT, THAT YOU GUYS CAN, UM, GIVE US DIRECTION ON IT.
IT REALLY CAN MAKE A, A BIG DIFFERENCE.
WE LOOKED AT, I LOOKED AT ONE PARTICULAR, UH, SITE, JUST AGAIN, REALLY QUICK GLIMPSE ON IT.
AND IF YOU, YOU HAD, UM, YOU HAD TAKEN OFF THE EASTERN RED CEDARS ON THAT SITE AND THEY WERE UNPROTECTED, IT WOULD'VE CUT THE MITIGATION DOWN BY OVER HALF.
SO, YOU KNOW, IT, IT, IT DOES HAVE HUGE, A HUGE VALUE IN TERMS OF WHICH TREES YOU PICK.
AND THE ONE THING THAT WE DON'T HAVE IS A LOT OF LARGE OPEN SPACE LEFT THAT'S GONNA BE DEVELOPED.
UM, AND WHAT WE DO HAVE, FROM WHAT I'VE SEEN AROUND HERE, ARE MOSTLY MADE UP OF, OF GOOD QUALITY BOTTOM LAND HARDWOOD TREES.
UH, WE DON'T HAVE A LOT OF THESE BIG OPEN SPACES LIKE THEY DO IN MESQUITE AND PLACES LIKE THAT WHERE THERE'S A LOT OF OLD FIELD SITES THAT HAVE GROWN IN WITH THESE, WITH THESE LARGE AMOUNTS OF CEDARS.
UM, BUT WE DO HAVE A LOT OF AREAS THAT HAVE A LOT OF HACKBERRIES AND THINGS LIKE THAT, UM, IN 'EM, WHICH IS WHY I CHOSE TO LEAVE HACKBERRIES AS A RECOMMENDED LIST TO AS A CLASS THREE TREE.
SO, SO VALUE, WILL YOU SPEAK VERY QUICKLY JUST TO THE VALUE OF THE EASTERN RED CEDARS AND, AND HACKBERRIES AS, DO YOU HAVE AN OPINION ABOUT WHY WE SHOULD NOT THROW THEM BOTH INTO THE UNPROTECTED CATEGORY? UM, WELL, YOU KNOW, TO ME ALL, ALL TREES HAVE SOME VALUE TO 'EM.
UM, HACKBERRIES AND SUGAR BEES ARE, HAVE THE, THE WILDLIFE VALUE TO THEM, UH, WHICH, WHICH I THINK ARE VERY GOOD.
THEY, THEY DO HAVE, UM, A GOOD STORM WATER BENEFIT TO 'EM IN TERMS OF, OF COVERAGE IN AREAS LIKE THAT.
UM, AND I, AND I TRULY BELIEVE THAT THAT EASTERN RED CEDARS, UH, HAVE SOME OF THAT VALUE, UH, TO IT.
ANOTHER, ANOTHER POSSIBILITY WHICH I'VE SEEN BEFORE, UM, WHAT WE'VE USED BEFORE IS AGAIN, IF WE WANT TO GET AWAY FROM THE SMALL EASTERN RED CEDARS, WHICH CAN ADD UP VERY, VERY, VERY QUICKLY, BUT THOSE OLDER EASTERN RED SEATERS HAVE MAYBE BEEN AROUND FOR A LONG TIME.
UM, WE COULD CLASSIFY THOSE WITHIN A CLASS THREE TREE, BUT ONLY IF THEY'RE 18 INCHES AND ABOVE.
SO NOW AN EASTERN RED SEATER IS ONLY UNPROTECTED IF IT'S LESS THAN 18 INCHES.
AND THEN THAT KIND OF STAYS IN LINE THERE.
NOW AGAIN, IT GOES BACK TO IT HAS VALUE, ESPECIALLY IT HAS VALUE IF IT'S A BIGGER TREE, BUT IF IT'S A SMALLER TREE, THE CHANCES OF THAT TREE BEING MORE THAN SIX OR SEVEN YEARS OLD IS, IS PRETTY SLIM.
UM, WHICH MEANS WHY WOULD WE BE, YOU KNOW, AGAIN, UM, CHARGING FOR THOSE TREES IF IT WAS SOMETHING THAT HAS COME IN IN, IN, IN A RELATIVELY RECENT PAST.
HAVING IT BE THE LARGER OLDER TREES, UM, AND LEAVING THE, THE SMALLER YOUNGER ONES UNPROTECTED.
UM, AND WE COULD KEEP THAT ALSO AS A CLASS THREE.
SO EVEN IF IT WASN'T 18 INCH TREE, IT'S STILL ONLY BEING MITIGATED AT A NINE INCH RATE.
UM, YEAH, AND I WOULD PREFER TO KEEP PACK BERRIES THERE INSTEAD OF THROWING 'EM INTO THE UNPROTECTED CATEGORY.
JUST, I THINK WE HAVE 62 IN OUR YARD AT LAST COUNT AND WE HAVE HUGE AMOUNTS OF WILDLIFE AND WE WATCH THE BIRDS AND THE WILDLIFE THAT, THAT MAKE THAT THE REFUGE.
SO I'M, I DUNNO, THEY'RE, THEY'RE UH, WEAK TREES.
THEY, THEY HAVE ALL, THEY GET NATS ON THE LITTLE HACKBERRY NATS, BUT BIRDS EAT 'EM.
UM, LEMME SEE IF, I THINK THAT WAS IT.
UM, I AGREED WITH ALL YOUR OTHER POINTS AND, AND GETTING, HAVING IT BE DBH INSTEAD OF OUR, UM, CA CA YEAH.
THAT, THAT JUST MAKES COMPLETE SENSE TO DO THAT.
OH, HERE IS MY OWN MY LAST QUESTION.
YOU TALKED ABOUT THE IMMINENT HAZARD, UM, AND, AND REMOVAL AND YOU MENTIONED, UM, THE ISSUE WITH HOMELESS PEOPLE HAD PLAYING INTO THAT AS A HEALTH HAZARD.
SO MAKING SURE I UNDERSTAND WHAT YOU'RE SAYING.
ARE YOU SAYING THAT WE, THAT WE COULD DECLARE PRETTY DECENT TREES A HEALTH HAZARD JUST BECAUSE HOMELESS ARE MAKING CAMPS THERE AND HAVE THEM BE CUT DOWN WITHOUT PENALTY? WELL, AND, AND IT'S A VERY GOOD POINT AND, AND ONE THAT I WOULD WANT TO, UM, DEFINE A LITTLE BIT MORE CLEARLY IN TERMS OF WHAT THEY ARE.
UM, REALLY WHAT THAT DOES THOUGH IS ALLOWS US TO BE ABLE TO, IF, IF WE GO DOWN THAT ROUTE, WHICH THEN ALSO ADDRESSES SOME OF THE OTHER CONCERNS THAT ARE OUT THERE, WHAT I'D WANNA DO IS PUT A REALLY GOOD DEFINITION TO THAT IN TERMS OF DEFINING WHAT THAT IS
[00:35:01]
AND WHAT TREES, UM, WOULD FALL UNDER, UNDER THAT WHAT THIS, WHAT THIS MAIN PROVISION SAYS IS IF THE TREE IS, UM, UNSAFE, UH, BECAUSE IT'S GOT A BAD LEAN TO IT OR IT'S GOT A BROKEN BRANCH OR HALF THE TREE IS MISSING, BUT IT'S STILL ALIVE, UH, THOSE ARE THE TYPES OF THINGS THAT, THAT WOULD, UM, MAKE IT FALL INTO THAT CATEGORY.BUT WITH A LITTLE BIT FURTHER DEFINITION AND, AND WORK WITH THE CITY ATTORNEY'S OFFICE THERE, WE COULD MORE FURTHER DEFINE THAT SO THAT IF WE DID HAVE TO GET IN AND, AND REMOVE SOME THINGS OR CLEAR SOME THINGS UP, UH, TO, TO CLEAR A PROBLEM, WHAT WE DON'T WANNA DO IS MAKE SURE SURE.
THAT WE'RE UNJUSTLY CAUSING TO AND SOMEBODY TO HAVE TO PAY INTO A FINES IF WE'RE TRYING TO REMEDY AN ISSUE.
I WILL OPPOSE ANYTHING LIKE THAT, THAT, THAT DOESN'T, THAT WOULD ALLOW SIGNIFICANT TREES TO BE CUT DOWN SIMPLY BECAUSE THE HOMELESS ARE USING THAT FOR CAMP.
I WOULD ABSOLUTELY OPPOSE THAT FOR SICK OR HAZARDOUS LEANING BROKEN TREES.
BUT, UM, HOMELESS MOVE AND I WOULD SAY THAT I WOULD NOT, AND TREES DON'T AND THEY DON'T GROW FAST
SO, UM, AND I DON'T, AND I REALLY DON'T SEE THAT BEING WOULD BE AN ISSUE THAT ANY LARGE TREES IN THERE THAT WOULD, WOULD BE REMOVED.
LIKE I SAID, WHEN YOU GET IN THERE, IT'S, IT'S THE GREEN BRIAR AND IT'S ALL THE LOW BRUSH THAT IS THAT IS IN THERE AND WE CAN CLEAN THAT UP AND RAISE CANOPIES AND, AND DO THAT.
SO I WOULDN'T SEE ANY REASON WHY WE WOULD NEED TO REMOVE ANY LARGE HEALTHY TREES FOR SOMETHING LIKE THAT.
SO THAT SHOULDN'T EVEN BE LISTED IN THERE AS BEING A REASON.
I MEAN, AS FAR AS I'M CONCERNED.
AND, AND CENTRAL PARK AS AN EXAMPLE, TOTALLY THE WOODED AREA, THERE WAS A CONSTANT CAMPGROUND UNTIL PARKS CAME IN, CLEARED OUT THE UNDERBRUSH PUT, YOU KNOW, MULCHED IT ALL OUT AND CLEANED IT OUT.
UM, BUT NOBODY WAS IN THERE TIMBERING ANY OF THOSE LARGE TREES.
AND AGAIN, I WILL STRONGLY LOUDLY OPPOSE ANY SUCH, UM, LANGUAGE THAT SNEAKS INTO THIS HAVING TO DO WITH ANYTHING OTHER THAN THE HEALTH OF THE TREE ITSELF.
IS THERE ANY IN ANY TREES THAT ARE UNDER SIX INCHES RIGHT.
OR NOT PROTECTED OR NOT PROTECTED ANYMORE THAT WOULD ALLOW A HUNDRED PERCENT FEE MITIGATION.
I GOT A COUPLE QUESTIONS MYSELF.
DO YOU THINK THAT'S THE BEST STARTING POINT? CAUSE I'VE WORKED IN OTHER JURISDICTIONS AND THEY GO DOWN AS LOW AS TWO I'VE SEEN AND I'VE SEEN OTHERS GO AS HIGH AS 10.
SO TO ME IT'S A, IT'S A GOOD COMP, IT'S A GOOD MIDDLE GROUND.
UM, IT'S ACTUALLY A LITTLE BIT LOWER.
I THINK IF YOU LOOKED AT A, A TYPICAL AVERAGE, UH, AROUND OUR NEIGHBORING CITIES, IT'S ACTUALLY EIGHT.
DALLAS IS EIGHT, I THINK, UH, ARLINGTON IS EIGHT, SO A CO.
SO TO ME, SIX IS A REALLY GOOD, IS A, A GOOD SIZE.
AND IT'S ALSO WHEN IT'S CONSISTENT WITH WHAT WE HAVE HAD.
UH, SO YOU'RE NOT GONNA HAVE THAT MISUNDERSTANDING IF YOU CHANGE THAT IN TERMS OF, OF DEVELOPERS COMING IN, THEY'RE, THEY'RE USED TO IT BEING SIX MM-HMM.
AND ARE THERE EXCEPTIONS FOR EXISTING SITES FOR REDEVELOPMENT OF EXISTING SITES? I KNOW SOME OTHER JURISDICTIONS THEY LOOK AT IF IT'S A SINGLE FAMILY SITE BEING REDEVELOPED OR MULTI-FAMILY EVEN THEN IT DOESN'T REQUIRE MITIGATION.
SO CURRENTLY HOW OUR ORDINANCE READS THOSE WOULD NOT REQUIRE MITIGATION.
THERE ARE CITIES THAT HAVE HAD, UM, ISSUES WITH LOSING LARGE TREES BECAUSE OF REDEVELOPMENT, UH, ON ESPECIALLY SINGLE FAMILY RESIDENTIAL, UH, PARCELS AND MULTI-FAMILY WHERE THEY HAVE PUT IN SOME LANGUAGE TO SAY IF THERE IS A DEMO PERMIT THAT IS APPLIED FOR, UM, ON THAT SITE, IT FOR A VERY TEMPORARY TIME CHANGES THE USE OF THAT PROPERTY.
UH, AND THAT THEN IT WOULD REQUIRE MITIGATION.
I'M NOT SUGGESTING WE GO DOWN THAT WAY, I'M JUST LETTING YOU KNOW THAT THERE ARE OTHER CITIES THAT HAVE DONE THAT.
THIS WAS ONE THAT WE WORKED REALLY HARD ON IN DALLAS.
IT WAS ABOUT A TWO YEAR EFFORT BECAUSE THEY HAVE, UH, ESPECIALLY IN NORTH DALLAS WHERE THEY HAD LARGE LOTS SMALL HOMES, THEY WERE STARTING TO SEE THAT AREA REDEVELOP.
THEY WERE, THEY WOULD TEAR DOWN THE SMALL HOUSE AND BUILD A NEW HOUSE THAT WAS LITERALLY THE ENTIRE SQUARE FOOTAGE OF THAT LOT.
AND IN THE PROCESS REMOVE SOME VERY, VERY LARGE NICE LIVE OAKS AND RED OAKS AND THINGS LIKE THAT.
AND SO THEY LOBBIED REALLY HARD AND THAT WAS A PROVISION THAT WE PUT IN WAS, UH, YOU CAN ADD A POOL, YOU CAN ADD AN ADDITION, YOU CAN DO ALL OF THOSE THINGS AND NOT HAVE TO PAY MITIGATION.
BUT IF YOU APPLY FOR A DEMO PERMIT FOR THE MAIN STRUCTURE AND THEN YOU TEAR DOWN THAT HOUSE AND YOU CHANGE THE FOOTPRINT OF THE PAD THAT SITS ON THAT PROPERTY, THAT NOW UH, REQUIRES, UH, MITIGATION ON THAT SITE.
AND THAT WAS SOMETHING THAT DALLAS DID PASS.
AGAIN, I DON'T, I THINK WE'RE PROBABLY A LITTLE EARLY TO BE ABLE TO DO THAT HERE, BUT IT MIGHT BE
[00:40:01]
SOMETHING IF WE SEE REDEVELOPMENT HAPPENING IN NEIGHBORHOODS THAT MIGHT WANNA LOOK AT IN THE FUTURE.AND ONE OTHER THING WAS IN OUR CODE WE HAVE PROVISIONS FOR ASSESSMENT BY A LICENSED, UH, SURVEY SURVEYOR THREE SURVEY A HEALTH, THEY DO A DETERMINATION OF THE HEALTH AND, UM, I THINK THAT'S WHAT WE'RE TALKING ABOUT.
IF IT'S DISEASED, I THINK THAT IF WE ALREADY HAVE THAT, THEN I THINK WE TAKE THE PROFESSIONAL'S OPINION AND MAKE, HAVE THEM BE THE ONE TO MAKE THE ASSESSMENT AND THEN PROVIDE THAT REPORT TO US SO WE WOULD KNOW WHETHER IT'S ON THE MITIGATED LIST OR NOT.
THAT'S ALREADY IN THERE THEN THAT'S, THAT'S GOOD.
BUT OTHER THAN THAT I THINK IT LOOKS REAL GOOD.
CAN YOU GO REAL QUICK TO THE MITIGATION RATIOS? I KNOW YOU HAD TRANSPLANT TREES AND, AND THOSE THAT, UH, WERE YOU TALKING ABOUT THE, THAT ONE RIGHT THERE? YEAH, JUST LOOKING AT THIS, I DON'T KNOW IF ANYONE WOULD CHANGE THE FOOTPRINT OF THEIR PROJECT GIVEN THE LOW MITIGATION RATE TO PROTECT HEALTHY TREES THAT ARE 18 INCHES OR GREATER.
CUZ TWO TO ONE REALLY DOESN'T GET 'EM THAT MUCH IF THEY CAN EXPAND THEIR BUILDING OR WHATEVER THEY WANT TO DO ON THEIR PARK, ON THEIR SITE.
SO IF WE WANT TO REALLY ENCOURAGE THAT, I'D CONSIDER MAYBE BUMPING THAT UP OR MAYBE MAKING MORE DIVISIONS IN THAT TO KIND OF GIVE MORE CREDIT TO LARGER ONES.
BUT THAT'S SOMETHING TO CONSIDER BACK THEN.
MAYBE IF WE GO SIX TO 12, 12 TO 18, 18 AND GREATER OR SOMETHING LIKE THAT.
I THINK THAT MIGHT BE A GOOD, WE CAN DEFINITELY AT THE TOP YEAH.
LOOK AT SOME ADDITIONAL WAYS TO YEAH.
IT REALLY GIVES, SOMEONE'S NOT GONNA CHANGE THEIR BUILDING FOOTPRINT JUST FOR AN 18 TREE.
IT'S REALLY NOT GETTING THEM THAT MUCH CREDIT.
OTHERWISE IT LOOKS GOOD TO ME OTHERWISE THAN THAT.
SO WOULD WE LIKE TO, UH, THEN I GUESS MAKE A FEW CHANGES THEN, AND THEN COME BACK? OR WHAT, WHAT'S THE, SO I THINK, UH, AT THIS POINT WE MAY HAVE WHAT WE NEED TO GO AHEAD AND WORK ON A DRAFT ORDINANCE AND BRING IT BACK TO THE COMMITTEE FOR YOUR REVIEW, UM, UH, HOPEFULLY HERE AT YOUR NEXT MEETING.
THAT WAS THE LAST ITEM ON OUR AGENDA.