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18-S-08 - Amend UDC - Tree Preservation and MitigationORDINANCE NO. 18 -S -08 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 9, SECTION 21.9.9 TREE PRESERVATION AND MITIGATION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance No. 10 -S -06, the City of Schertz, Texas (the "City ") adopted as Amended and Restated Unified Development Code on April 13, 2010, as further amended (the "Current UDC "); and WHEREAS, City Staff and has reviewed the Current UDC and have recommended certain revision and updates to, and reorganization of, the Current UDC; WHEREAS, on January 24, 2018 the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on February 13, 2018 the City Council conducted a public hearing and after considering the Criteria and recommendation by the Planning and Zoning Commission, determined that the proposed amendments are appropriate and in the interest of the public safety, health and welfare; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: Section 1. The current UDC is hereby amended as set forth on Exhibit A hereto. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. Approved on first reading the 13th day of February, 2018. PASSED, APPROVED AND ADOPTED on final readingA 27th day of February, 2018. R. Carpenter, Mayor ATTEST: ffrenda Dennis, City Secretary (SEAL OF THE CITY) Exhibit A Unified Development Code Article 9 Section 21.9.9 Tree Preservation and Mitigation See Attached Sec. 21.9.9. - Tree Preservation and Mitigation. A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage Class trees possible. B. Applicability and Exemptions. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected Class or Heritage Class Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet above existing ground level) between eight inches (8 ") and less than twenty -four inches (24 ") are designated as "Protected Class Trees ". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty -four inches (24 ") are designated as "Heritage Class Trees ". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: i. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv. compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: a. Protected Class Trees located within the area of a proposed on -site sewage facility (OSSF) (A waiver to mitigation for Heritage Class trees may be requested) ; b. Protected Class and Heritage Class Trees located within a right -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected Class Trees located within any utility easement, Heritage Class Trees located within any utility easement are exempt from preservation requirements only (A waiver to mitigation for Heritage Class trees may be requested); d. Protected Class and Heritage Class trees damaged or destroyed by floods, fire, wind or other natural causes; e. Dangerous, diseased, damaged, dead or dying Protected Class or Heritage Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section, ; and f. Protected Class trees from the Undesirable Trees list in UDC Table 21.9.7F. (A waiver to mitigation for Heritage Class trees may be requested) g. Protected Class and Heritage Class trees located on property that has an existing one family or two - family dwelling that is occupied. h. Protected Class and Heritage Class trees of the following exempted tree species: Table 21.9.9 Exempted Trees Common Name Hackberry Scientific Name Celtis occidentalis Eastern Red Cedar Common Ashe Juniper Juniperus virginiana Juniperis ashei Chinaberry m Melia azedarach Mesquite �^ Prosopis spp. Ligustrum Ligustrum spp. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected Class Trees. Any Protected Class Trees not exempt from preservation in section B.3. above may be removed upon approval of a Tree Removal Permit by the City Manager or his/her designee. Any decision of the City Manager or his /her designee regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 2. Heritage Class Trees. Any Heritage Class Trees to be removed may be removed upon approval of a Tree Removal Permit by the City Manager or his/her designee. Any decision by the City Manager or his/her designee regarding a tree removal permit may be appealed to the BOA in accordance with section 21:4.14 of this UDC. 3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all mitigatable Protected Class and Heritage Class trees must be preserved. (A waiver to the 25% preservation requirement may be requested) D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection 21.9.9.B.3. above nor any of the undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in- lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class and Heritage Class trees and to purchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 "). 2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of two and one half inches (2.5 "). 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3 ") of mulch or compost shall be spread beneath the drip line of the preserved tree. c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2. It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. F. Tree Preservation Credits—Nonresidential and Multifamily Developments. To encourage the preservation of existing Protected Class or Heritage Class Trees contained within a proposed development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multifamily sites. Tree preservation credits can be issued for landscape buffer requirements when the tree being preserved is located within the buffer. Tree preservation credits can be issued to satisfy total trees per acre requirements of UDC Sec.21.9.7.E.2.The following minimum tree preservation credits may be requested: 1. Protected Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; G. Tree Survey Required. Every application for a final plat for residential development or Site Plan for nonresidential and multifamily development shall be accompanied by a tree survey that includes the following information: 1, total number of DBH caliper inches of Protected Class and Heritage Class on the site; 2. total number of DBH caliper inches of Protected Class and Heritage Class to be removed; and 3. total number of DBH caliper inches of Protected Class and Heritage Class to be preserved. H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Class or Heritage Class trees not exempt in section 21.9.9.B.2. above. The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing/proposed topography; 2. location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected Class and Heritage Class Tree, except those trees exempted by section 21.9.9.B.2.f. above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of DBH caliper inches to be preserved; d. location of any proposed tree mitigation; e. any proposed tree preservation credits; and 5, a summary of the tree protection methods to be utilized. I. Waiver 1. General The City Manager or his /her designee may authorize waivers from the provisions of this Article when, in their opinion, undue hardship will result from requiring strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers must meet one of the following eligibility requirements: a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management); or b. The tree is proposed for removal because it is within a future public utility location. 2. Criteria for approval Waivers shall be evaluated using the following criteria: a. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees or windbreaks; b. The requested waiver does not violate the intent of this section or the UDC; c. Strict interpretation of the provisions of the section would deprive the applicant of rights commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would comply with the same provisions; d. A reasonable effort to preserve the tree has been made and reasonable alternatives have been evaluated and determined to not be feasible. 3. Any decision of the City Manager or his/her designee regarding waivers to the provisions of this section may be appealed to the Planning and Zoning Commission. When considering an appeal, the Planning and Zoning Commission shall consider the same standards as the City Manager or his/her designee as outlined above. Sec. 21.9.9. - Tree Preservation and Mitigation. A. Purpose and Intent. 1. The purpose of this section is to conserve, protect and enhance existing healthy trees and natural landscape. It is recognized that the preservation of existing trees contributes to the overall quality and environment of the City. Trees can and do contribute to the processes of purification, oxygenation, regeneration, groundwater recharge, reduction of pollution and contaminants in aquifers, erosion and dust control, abatement of noise, provision of wildlife habitat and enhancement property values. Indiscriminate clearing or stripping of natural vegetation on any parcel is prohibited. 2. It is hereby declared the intent of the City to encourage the preservation of all trees within the City limits. While the layout of a property with respect to the placement of buildings, parking facilities and other site requirements is at the discretion of the developer of the property, it is the policy of the City to promote site layout and design in a manner which preserves the maximum amount of Protected Class and Heritage CI<zss trees possible. B, Applicability and Exemptions -. 1. The provisions of this section are applicable to the following: a. all new residential and nonresidential development within the City except public schools; b. redevelopment of any residential or nonresidential property within the City that results in an increase in the building footprint or the total destruction and reconstruction except public schools; c. any grading, filling or clearing of land in the City limits; and d. any selective or individual removal of any Protected Class or Heritage Cla.� Tree in the City limits. 2. The following definitions shall be applicable to the provisions of this section: a. Protected Class Trees. Trees having a DBH (diameter at breast height measured four and one half feet_ above existing ground level) between eight inches (8 ") and less than twenty-four inches (24 ") are designated as "Protected Class Trees ". b. Heritage Class Trees. Trees having a DBH greater than or equal to twenty-four inches (24 ") are designated as "Heritage (lass Trees ". c. Damage. Damage shall be considered any injury to a tree including, but not limited to: i. uprooting; ii. severance of the root system or main trunk; iii. storage of topsoil, construction materials, debris or chemicals within the drip line area; iv, compaction of soil within the drip line area; v. a substantial change in the natural grade above a root system or within the drip line area; vi. pruning or removal of more than twenty -five percent (25 %) of the living tissue; or vii. Paving with concrete, asphalt or other impervious material within the drip line area. Tree grates or tree wells may be provided to preserve pervious surface within the drip line area. 3. The following are exempt from the preservation, mitigation and permitting requirements of this section: a. Protected. Class Trees located within the area of a proposed on -site sewage facility (OSSF)uA taaiyertomnitigatioct. tor_Herit.age_Class trees be rLq €tested ; b. Protected Clxs and Heritage Class Trees located within a right -of -way to be dedicated to and maintained by the City and shown on the City's Master Thoroughfare Plan; c. Protected Class Trees located within any utility easement. 1-Ieritaec Class Trees located within any utility, easement are exempt from preservation requirements only (A z,vaiver to ntitication ror Heritage Class trees may be requested); d. Protected _C lass and _I..Ierimve C-A tss_trees damaged or destroyed by floods, fire, wind or other natural causes; e. Ddangerous, diseased, damaged, dead or dying Protected Class or Heritage. Class trees as determined by a tree survey and a letter from a certified Texas Arborist; provided, notwithstanding the title of this section, all s }clz tfi:e xs shall be in}titgated otte for— t?ne -by number- t3ftreeg; and f. Protected Class trees fi -otn the undesirable Trees list it) UDC; Table 21.9.71'. (A waiver to mitigation for Heritage Class trees may be requested) a, Protected Class and Herittwe Class heel located on property that has an existing one family or two - family (Kvelling that is occupied. ied. hf. Protected Class and Heritage Class trees of the following exempted tree species: ITable 21.9.9 Exempted Trees Common Name Scientific Name E Hackberry Celtis oceidentalis Eastern Red Cedar Juniperus virginiana Common Ashe Juniper Juni eris ashei Chinaberry Melia azedaraeh Mesquite Proso is s __- — Ligustrum Ligustrum spp. ^� 1 x111 h t -i #a =� trees - #ES {,e remo red- s}if}1 be- tilitigute # tt in ae� rclzane :vi # }� the prf >c+ iofi�s of t1ri���tiot -r. C. Tree Preservation. The existing natural landscape character, especially native oaks, elms, and pecan trees, shall be preserved to the maximum extent reasonable and feasible. Except as otherwise exempted in section 21.9.9.B.3. above, a tree removal permit is required for the removal of any tree with a DBH greater than eight inches. 1. Protected Class Trees. Any Protected Class Trees not exempt from preservation in section B.3, above may be removed upon approval of a Tree Removal Permit by the City_ l<ins er ,7r his /her deli neel:�irLetc��° c�1 i€ s; P��er�zitio,� {it3d o r�tn r�it; Sei�v lees: Any decision of the Citv 1-fana�,er or his /her deskmee Oiret #ot of l i i -1 reeve }titian ai d i regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. 2. Heritage Class Trees. Any Heritage Gloss Trees to be removed may be removed upon approval of a Tree Removal Permit by the Pit-cetor of Parl�•�,,. °patio~ and flim • ^ "y `per -viees City__Nlanager or._his /tier designee. Any decision by the City.it-latraye_r or his/her dcsi neel��tee #c�c ert 13t,' s l�z {tatii�n aaeC:ott3tng�s�ity r� <ic� s regarding a tree removal permit may be appealed to the BOA in accordance with section 21.4.14 of this UDC. x=11 3. Minimum Preservation. In the development of any site, at least twenty -five percent (25 %) of all mitigatable Protected Class and Heritage Class trees (i-i 'Hera DBH of eight inches (8") or-1 - must be preserved. (A waiver to the 25% preservation _— ...._._._.___....._...— .._... rettuirenrent tnc tre_rc�ltt_estcct) D. Tree Mitigation. Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit shall be mitigated for on the same site as the proposed development. The species of trees planted for mitigation purposes may not include those listed as exempt in subsection-,tA)eel=iotl 21.9.9.B.3. above nor any of the undesirable trees identified in table 21.9.7F. All trees planted for mitigation purposes must be a species of shade tree identified in table 21.9.7A. In the event that mitigation is not feasible on the same site as the proposed development, an applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee -in -lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. Tree mitigation funds may also be utilized to install irrigation, to repair or remove damaged or destroyed trees, to preserve and protect existing Protected Class Heritage C loss trees and to p urchase equipment for the preservation or protection of existing trees. Mitigation requirements are: 1. Protected Class.,Trees. Protected trees shall be mitigated at a one -to -one (1:1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of threes vo and one half inches (;3 "). 2. Heritage Class Trees. Heritage Class trees shall be mitigated at a three -to -one (3: 1) DBH inch ratio for every tree removed. Replacement trees shall have a minimum DBH of t1ne—etv,o and one half inches (2.5"'. 3. Damaged Trees. Any trees that are designated for preservation and are damaged during the construction process or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for in accordance with subsection 21.9.9.D.1. and D.2. above. 4. Mitigated Trees. Trees planted and counted towards the necessary mitigation requirements that are damaged after planting or that die within two (2) years of issuance of a certificate of occupancy shall be mitigated for at a one -to -one (1:1) DBH inch ratio for every tree damaged or that dies. E. Tree Protection Standards. 1. All trees to be preserved on site shall be protected from damage caused by site excavation or construction in accordance with the following: a. All trees shall be protected by a fence, frame or box constructed around the drip line of the preserved tree. Protection measures may not be removed until construction is complete. b. A minimum of three inches (3") of mulch or compost shall be spread beneath the drip line of the preserved tree. c. No person shall excavate any ditches, tunnels, or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Class or Heritage Class Tree without prior written approval of the City Manager or his/her designee at the time of Site Plan approval. d. No person shall attach any rope, wire, nails, advertising posters or other contrivance to any Protected Class or Heritage Class Tree. 2. The-D+ rector- of4lii 4; . PZeureati�_ , C9 Coax»t}ait Semi da4i,rt 11 de# f- fnit�cEh :.. }aettlt {re€ .t {r #re s...jvsthin #hc t'itg_.. #r� i {c# tact itie +t' e tye& i4411 by fatal titisaa as {tte{utPit3t fat } {� -3 - Flt: - {t -is t'at- ther<leelztfed -t {rat the pfi -va #e l� ..... ., 4' n i 1. • .i ' 4 -lei„ ttn €1- -pHb1F�- j�i'c313t'fty -st-4 .- at' 13ft4- i;'2t;:'.7- tli�'- i�iiltt�' -tir j3rHji� -'rt; =gym rtllt pity- 3Hfiti-tY` th„ "• +'t)" good f' general ell4e and con eonce oft epu' lie, It is the intent of the City to control and prevent the spread of Oak Wilt. a. If any oak tree is wounded by intentional damage or pruning or as a result of natural causes, the damaged area shall be immediately treated with tree wound dressing. b. All necessary and reasonable efforts shall be given during the permitted removal of any trees to utilize best known practices to prevent the spread of Oak Wilt disease to any other surrounding trees. F. Tree Preservation Credits — Nonresidential and Multifamily Developments. To encourasae the preservation of existing Protected Class or Heritage Class 'Frees contained %vithin a proposcd development, tree preservation credits may be requested to reduce the amount of new trees required on nonresidential and multiramily sites. Tree preservation credits can be issued for lrcdscal z htcffer recjuiremepft, 1vhell._the_tree. b6 g..preserved is located utfer._frcc ptcscr_ation credits can _he issued to. satisfy _total trees pc r acre r rlu_einents of I?DC 'tied 1.9.7,E,2,To c treottrttg+ the trresetvzttitrn of .ei.trtag Pt =tit to l ctt ° -1d titttgL Tr «tom eowrthred �vitlri +3�t propt?sed dt e e {t>pna ui -Tthe following minimum tree preservation credits may be requestecll�t+3 ide£# _ t a iper+s l dinr tti ,,F e i ehes, i xrit,,u ed at IwQ1, (.12) xe-he- 1. Protected_ Class Trees shall receive a credit against the minimum required landscaping or mitigation standards at a one -to -one (1:1) caliper inch ratio; 2. Heritage Clan. Trees shall receive a credit against the minimum required landscaping or mitigation standards at a three -to -one (3:1) caliper inch ratio; or 2 pt-042eted and Refi:.,ge Trees loe4�rl , irhir,', regt,:r. E ice,. �,..fea shall Y a; H. Tree Removal Permit. A tree removal permit is required for the removal of any Protected Ch §ss or Heritage Class Ttrees not exempt in section 21.9.9.B.2. above. -r4 tr c aer3loo t §l- pzrrt }it ,iliall -Plat fog- § -esklew —Rfl nooresidtfli it }1 anuls deg elprnt The permit must be accompanied by an appropriate application and shall contain a tree preservation plan showing the following: 1. existing/proposed topography; 2. location of property lines, easement, rights of ways, setbacks, parking areas and sidewalks; 3. location, species and size (in DBH) of each Protected C'lasS and Heritage._C'l<i5s. Tree, except those trees exempted by section 21.9.9.132f, above; 4. a tree inventory that summarizes the following: a. total number of DBH caliper inches on the site; b. total number of DBH caliper inches to be removed; c. total number of.DB..N_ caliper inches to be preserved; d. location of any proposed tree mitigation; attd e. any proposed tree preservation credits; and 5. a summary of the tree protection methods to be utilized. 1.'GViE"ettia- 1'ur =l=t appyo- vill -Of e T ree - Removal- Pcrnit: the l�lrL�e�or -et ?at�k< C �ecr�atjots- t §ricl- L't >rnrrit�rriE_.• ;�c; }:u.ites -at>- Elm- ?l3rirrit��� axtl�c�rrir�g tv Council f? n- iippE 'fr- nrissi- make niiizinaix%' -', . . TheDifeetofor ' Gem Ell s t to tree i'emovaL app }tenon fOF ` c'ciefno ip rtI14 shall be r - .d and ., % rittN- ttt3El5 :'l'Cd-43R- z'tpliFFiiiil-<}t' detain }..b;�sed fart -thy #tr1 }t��E� }rig- cr +te §'}a; l -tlte e ?ndittt�n the tree �vl tlr t °tspe e# try c is aso dftngeF -ef fall iiagr g -at t t3rL' 13E358E1- 9ti`uftHre9;- rri- Eer €ei'Si2C - bt'i #"h- e-xi9ti§?i'-t7t'..tii'E po3E ed-- pfivate- t ?t' of sei`vi -ees H- Elie -tri- priizri- 3%�*.'ar=pHblfE- illf'#y -llf" - rssi..-,i'-:- a4he tree is -flea s - to f t of Proposed PLiblie fights way is eausing damage to existing CdLJl"Iti or private fiaeflities of gervices or may eLlltse damag to pray acl {rt{l�l e rF}vat }e l times c tt 4s cr it s eflrtrlet- i��'- a5C >rlai> }�: - lac- F4lti�reateel- f: �r- t}} e- ti�} ttrrrfdr� :..al- }��viftt,.ael..f�t: e— tine- �3editian csr� lt�ettti <3n- ttf -tlrL €tire- presents -a E;lc ftrpttk, }ice sa�>?t�= ktdztirc}tar -4ltc ftlresei stilt daili' of prt�prii elfdnrir to aFristiz�g t >r -t Frtpas<l stF: {ettad °a a;rfsiteh hazal -1 or Etea#ntnt-+)". . Rifti§lg; €ef- i,- rxevaHn oi- tier t,rthe- prapert;- to- aeh;ev arnp}i �r # trtl . removal val of tiiL�'- tFe"'e i'v�i- }I- fte€=- }�td- 'r{t;: err, fteSii�i -YVi�- h'�;}�izt;:t ii'refl': ir' +•ate, �c-+�`s . densities, . e ttrot3ie frtrd s }xeies c}itersi €z t�4't isEing €i. s is lit tra f except that be fd{ te.§' i3- 3ti- tits- tt3- ti'eef�i23t)V3 }- }2i2::k...beeo eoflsidv'tc> {l...flt §d -tat] CefdSf3ttftb }u- f ?itti'iiftt}vt li} allew be used i }s -jx: Fm-itted4n- the- -Zofliilti�ftiyt2�it? {�. (Of d, No, 16 S 2 6. 8 20-20 ) I. Waiver 1. General fhe City Nflanater or his/her desNmce may authorize waivers fiom the provisions of this Article when. in Breit_ ol�irriOn,_wltirte. hardship will result tronr_r�quirine strict compliance. Waivers may be granted only to items specifically stated in this section. Waivers mussl meet one of the_follmvimv eli�biiity eouirements a. The tree is proposed for removal in order for the property to achieve compliance with other applicable City requirements and standards (i.e. site design or storm water management ,, or b. `The tree is proposed for removal because it is within a future public utility location. 2. Criteria for approval Waivers shall be evaluated using; the following criteria: a:Removal of the tree will not have ash- mificatlt_neaative impact on erosion soil stability, tlow of surface waters. protection of adjacent trees or windbreaks, b. The requested waiver does not violate the intent of this section or the UDC; c. Strict interpretation of the provisions of the section would deprive the applicant of riahts commonly enjoyed by other nearby properties in the same zoning district or with the same land use that would compty with the same provisions: cf. A reb onublg effort to prescryp the tNQ has beet) made wnd reaunable altermatives have been evaluated and determined to not be feasible. 4-,3,AnN,, decision of the City Manager or hisiher designee regarding waivers to the provisions of this st:clio m3lhu led..owt Lie 7 and Zonfi g Commission. When _qiTcm Planning --) . ........ . .. . considering an appeal. the Planning and Zoning Commission shall consider the same standards as..the City Manager or his/hei- desig ........ . . . Ma nag gjcc;..cls oudined above.