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Urban Forestry Code Revisions - Citizen Advisory Committee - 08/10/2011 City of Tigard Urban Forestry Code Revisions CAC MEETING #10 - (8/10/2011) Table of Contents 8/10/2011 Meeting Agenda..............................................................................................................................2 CACMeeting Summary (6/8/2011)...............................................................................................................3 Comments.........................................................................................................................................................15 Housekeeping Revisions Incorporated into the Comprehensive Draft.................................................19 Parking Lot Items for Standards for Development and Tree Grove Preservation..............................22 Memo Regarding the Canopy Standard ......................................................................................................26 Draft Guiding Principles for Standards for Development and Tree Grove Preservation..................29 City of Tigard Urban Forestry Code Revisions CAC - Agenda MEETING DATE: Wednesday, August 10, 2011, 6:00-9:00 p.m. MEETING LOCATION: City of Tigard Town Hall 13125 SW Hall Blvd,Tigard, OR 97223 MEETING GOALS: Review organization of comprehensive draft code document. Review parking lot items from previous CAC discussion. Review and approve guiding principles for Urban Forestry Standards for Development and Tree Grove Preservation Incentives. 1. (Info) Welcome, introductions and agenda overview 6:00-6:30 PM • Recap Meeting #9 • Approve Meeting #9 Summary /Adrienne DeDona/ • Review Meeting#10 packet materials ✓ Summary of Housekeeping items ✓ Summary of Parking Lot items ✓ Memo re: Canopy Standard ✓ Review of organization of comprehensive code 2. (Info) Public Comment 6:30-640 PM 3. (Discussion) Clarifying questions related to draft code document 6:40-7:00 PM /Adrienne DeDona/Todd Prager 4. (Action) Standards for Development Guiding Principles 7.•00-7:50 PM /Adrienne DeDona/Todd Prager BREAD 5. (Action) Tree Grove Preservation Guiding Principles 7:55-8.-45 PM /Adrienne DeDona/Todd Prager 6. (Info) Meeting Wrap up 8:45-9:00 PM 7. (Info) Thanks and adjourn 9:00 PM Next meeting: September 14, 2011 URBAN FORESTRY CODE REVISIONS CAC AGENDA— August 10, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 1 -2- Tigard Urban Forestry Code Revisions CAC Meeting #9 June 8, 2011 Summary Notes Committee members in attendance John Wyland, Developer Dave Walsh, Planning Commission Morgen Holen, Certified Arborist Don Schmidt, Planning Commission Brian Wegener,Tualatin Riverkeepers Tony Tycer,Tree Board John Frewing, Citizen at-large Committee members absent Ken Gertz, Portland Metro Homebuilders Scot Bernhard, Parks& Recreation Advisory Committee Bret Lieuallen,Tree Board Consultant staff present Adrienne DeDona,JLA Public Involvement Sylvia Ciborowski,JLA Public Involvement Greg Winterowd, Winterbrook Planning Staff present Marissa Daniels, City of Tigard Darren Wyss, City of Tigard Todd Prager, City of Tigard Information requests from this meeting: There were no information requests at this meeting. Parking lot items and items for further discussion: None. Tigard Urban Forestry Code Revisions CAC Page 1 Meeting#9 DRAFT Summary -3- Overview Summary The following is on overview of the main comments mode by members of this meeting: Tree Grove Preservation Incentives • Members thought it would be helpful to have language in the Code that provides standards for assessing tree groves,to give arborists directions in figuring out whether removal of one tree will impact the grove as a whole. Some sort of checklist would be good to make sure arborists cover everything, and would allow for more transparency for public. Due to the variety of tree groves,the standards should be labeled as "considerations"to allow for flexibility in individual circumstances. • Staff should look further into options for a credit transfer program as an incentive to developers to preserve tree groves. • Members were satisfied with the matrix for incentives for tree grove preservation in residential lots. • Almost all members were okay with the draft Tree Grove Preservation Incentives language as it stands, though many would like more study on a credits transfer program. Draft Tree Permit Requirements • There should be better education to homeowners about which of their trees require permits for removal. • Need to clarify that intent of last paragraph on page 44 of the packet is that if there is not room for a new tree,then an in lieu of fee should not be required. (Text: "Replacement is required through planting or a fee in lieu (unless there is not room on site).) • Members agreed that there should be a replacement provision for heritage trees just like there is for other tree removal situations. • Add a provision to the Code that a permit should be required for dead tree removal on sensitive lands. Introductions and Agenda Overview Adrienne DeDona welcomed everyone to the meeting and reviewed the agenda.The purpose of this meeting is to review and recommend a draft of the Tree Grove Preservation Code, and to review the Tree Permit Requirements. Adrienne directed members to a memo that Ken Gertz wrote related to the Standards of Development Code to share with the group, since he won't be at the meeting today. Overview of Last Meeting Adrienne reviewed what the committee did at the April CAC meeting. Members wrapped up the Standards for Development section and agreed to a tiered approach and a periodic assessment of how the code is functioning. Some parking lot items remain and will be discussed in August. Members also reviewed a first draft of the Tree Groves Preservation code; most people supported the incentives for Tigard Urban Forestry Code Revisions CAC Page 2 Meeting#9 DRAFT Summary -4- tree grove preservation,though there was some concern about stability and health of a grove if some trees were removed. Members also reviewed the tree permit requirements at the last meeting. Finally, Marissa Daniels gave a report on the Tree Groves Open House at the last meeting. Approval of Meeting#8 Summary Members approved the April meeting summary by consensus. Tony Tycer asked how many years a tree is required to be preserved after a development project plants the tree.Todd Prager responded that after the initial period of responsibility for the developer, individuals or homeowners would need a tree permit to remove the tree. John Wyland asked if City staff talked to the school district about their concerns in the letter they wrote about the financial hardship to create canopy cover. Todd responded that the City spoke to the district about the 25%canopy cover requirement for schools.The City has lots of partnerships with the school districts and does plantings with them. City staff showed the district what the canopy will be in the future from these city plantings. Every school that has received plantings by the City would achieve over 25%canopy cover. However,the school district was still uneasy about a 25% requirement. Public Comment None. Revised Draft Tree Grove Preservation Incentives Darren Wyss gave a short presentation about the revised Tree Grove Preservation Incentives section of the Code, referring members to page 17 of the meeting packet. He noted that this group had its first discussion on the topic in April, and this is second discussion. Greg Winterowd has been working on the tree grove preservation program as well. His team identified 70 tree groves in Tigard last fall totaling 540 acres. Darren noted that the intent of the Tree Grove Preservation Incentives Program is to preserve groves through flexible, incentive based standards. At the last meeting, CAC members asked staff to look at three different suggestions for improvement. Darren went over these suggestions and concerns, and members discussed. 1)Effect of tree removal on stability and health of grove Darren noted that CAC members had expressed concern about the effect on the stability and health of a tree grove as a whole if a portion of the grove is removed. He explained that staff recommends not changing the Code based on this comment. In the current Code, since the Tree Grove Preservation Incentives Program is intended to be flexible, the professional arborist is given discretion to determine whether a partial removal would affect the whole grove. Each project is thus assessed on a case-by-case basis. Also,the canopy cover requirements program would give developers credit for preserving more tree groves and canopy, which is an added incentive to preserve as much grove as possible since existing trees get double credit. Additionally,the Tree Board is considering asking the Council for allocation of funds to preserve tree groves. Tigard Urban Forestry Code Revisions CAC Page 3 Meeting#9 DRAFT Summary -5- CAC discussion: - John Frewing clarified that the incentive for tree grove retention only applies to developers. There is no incentive for residents to retain groves. - Tony asked for an explanation of the financial incentives being considered.Todd responded that currently,there is no funding for tree grove easement acquisition.The Tree Board is considering recommending Council fund easement acquisition. - Tony asked if there will there be any language in the Code that provides standards for tree groves. Morgan Holen agreed that standards would be helpful because many arborists do not have forestry backgrounds and may not really know how to assess tree groves adequately. She added that having standards or some sort of checklist would be good to make sure arborists cover everything, and would allow for more transparency for the public. o Greg agreed, and added that standards would also allow for easier review of the arborists' work. o John F. was concerned that with the variety of tree groves out there, it would be difficult to write standards. He suggested naming them "considerations." Morgan agreed that "considerations" could be better. o Todd noted that the City feels comfortable with deferring to an arborist's professional judgment because arborists will be required to have tree risk assessment certification to do their work. Nevertheless, he added it could be helpful to add some considerations to highlight the major elements in grove preservation that the arborist should be thinking about.The considerations cannot be too prescriptive, since there is so much variety among groves. - Brian Wegener asked if arborists have some consequences or liability for their work.Todd responded that the Code gives the City power to file an ethics claim against an arborist who submits false or misleading information. Morgan added that arborists are good about putting in language in their contracts to limit their liability. She added that there is a difference between doing the best you can and being blatantly dishonest, and the City can pick up on that. 2)Credit transfer program for excess canopy Darren discussed the idea of providing incentives to developers to preserve canopy by providing credits to them to use in future projects for excess canopy saved in current projects. Darren explained that staff thinks this is a good idea, but that it is not really feasible.There would be a lot of upfront work to get a legal component to the program and documentation of the transfer.The City would need to provide a record keeping mechanism to track the transfers, and there are budget issues. Darren explained that a better option would be to use any funds allocated for tree groves to purchase easements or properties rather than developing a transfer program that we can't guarantee would even be taken advantage of by property developers. CAC discussion: - John W. commented that the success of such a program will depend on how many developable properties exist that have large tree groves and would have excess canopy to offer. Darren responded that 131 acres of buildable land have tree groves on them, and a lot of these are Tigard Urban Forestry Code Revisions CAC Page 4 Meeting#9 DRAFT Summary -6- small parcels. Brian added that we must also consider the land that will be available in the future when Tigard expands its UGB. - John F. clarified that a credits transfer program would only apply to developers, not residents. John W. countered that a credits program would not require a huge amount of legal up-front work. He said that this is often done in other areas, and all it requires is an accountant. - Greg responded that the program would be simple if it only included scenarios in which one developer has excess canopy on a property and would like credit for future projects.That kind of record keeping would be easy. - John F. asked if any other city has such a program. Greg and Darren responded that they have not heard of one, and that usually such a program would only take place in large agricultural or natural resources areas. - Todd added that any sort of transfer of credits program should include an expiration period or sunset provision. - Morgan asked if such a program would treat all tree groves the same.The program should not give credit for preserving low quality canopy and then allow development of high quality canopy. She suggested ranking tree groves and only allowing trading or credit transfer for similar groves. Greg agreed that a ranking system is important, but could complicate the program. - Darren concluded that staff would further look into options for a credits transfer program. 3)Incentives for increased preservation Darren noted that at the previous meeting, CAC members suggested increasing incentives for increased preservation of tree groves. Staff did not modify language in the Code for tree groves in industrial or commercial areas, but did make changes for tree groves in residential areas as shown on pages 20-21 of the meeting packet. The table shows a new matrix which lays out a system in which the more tree grove a person preserves, the smaller lot size they can get. The highest category would allow a reduction of lot size by 75%.There are also specs on when detached housing is allowed and when small duplex lots are allowed. Greg added that the idea was to apply a simple mathematical formula. CAC discussion: - John F. clarified that the term "percentage of tree grove preserved" refers only to the grove on the property being developed. - Committee members agreed that the matrix is reasonable and logical. - Darren added that the matrix incentivizes preservation of tree groves by allowing more transfer of lots in development. Greg added that this system could also benefit small lot owners. If they save a corner of a lot in trees, that would allow them to put small homes in small lots in a cluster.This would also allow more infill by putting lots in the front of properties and saving trees in the back, which represents good urban growth management. Adrienne asked members whether they agreed or disagreed with the Revised Draft Tree Grove Preservation Incentives through a round robin exercise. - Brian and Dave said they were okay with the draft language as it stands. Tigard Urban Forestry Code Revisions CAC Page 5 Meeting#9 DRAFT Summary -7- John W., Don and Morgan said they were okay with the language, but would like staff to look into a transfer of credits program. - Tony said he was not okay with the draft language because it all rests on the presumption that there is a canopy that can be calculated. Several months ago there was a huge transition from looking at caliper inch diameter of trees to suddenly calculating the percentage of canopy coverage after planting. Individual trees in groves don't count with the new canopy percentage calculation system. He feels that the old system has more benefits; for example, if you preserve a tree that is 54 inches in diameter, that would make an easier calculation for a transfer of credit system, and would be easier to keep track of. - John F. said he was okay with the language as it stands. He would prefer to put the transfer of credits program onto a list of things to try in a later round of Code development. He said that such a program is a worthwhile thing to try, but would rather move ahead with what we have now and then think about the credit transfer idea later. Draft Tree Permit Requirements Todd gave a brief overview of tree permit requirements.The City currently regulates tree removal for certain categories of trees, including street trees,trees in sensitive lands, parking lot trees and heritage trees.The City also protects trees that were planted using the urban forestry fund, by either focusing efforts on street trees or writing protection agreements. Existing regulations are scattered throughout the Code, or are included in planting agreements.The proposal for the Draft code is to consolidate the regulation into one new title in the municipal code to make it easier for the public to use and for staff to administer. Staff is not proposing to regulate any new tree situations,just trying to consolidate and tailor the regulations in a more straightforward way, and make them more consistent with sound urban forest principles. Todd reviewed the main proposed revisions in the New Title 8 code: - Permits will be required for planting, removal and maintenance of all street and median trees. - Permits will be required for only native trees in sensitive lands—and not for non-native trees in sensitive lands. Currently, permits are required for both native and non-native. - Permits will be required for trees that were required to be planted for land use approval. (This is the same as the current code.) - Permits will be required for all heritage trees. (This is the same as the current code.) - Permits will be required for trees that were planted using the urban forestry fund.This is not a requirement in the existing code, but would negate the need to do a separate agreement every time the City does a tree planting project. Currently, the City writes a contract every time it does a planting to require the beneficiaries to protect the tree or trees. - There will be two main ways to get permits.The first is a City manager decision-making procedure administered by City staff.This has no public review, and is intended for removal of trees that are hazardous, in poor condition, damaging property, or would prevent allowed development to occur.The second way would be through a City Board or Commission decision- making procedure.This process would include a public review process, and is intended for more Tigard Urban Forestry Code Revisions CAC Page 6 Meeting#9 DRAFT Summary -8- complex situations where the reasons for tree removal are not related to safety, tree health, property damage, or development.The Board or Commission would be able to use its own discretion to make a decision. Replacement of all tree types is proposed, except for heritage trees because they are unique and cannot be replaced just by planting a new tree. - A fee in lieu of option is available in a situation where the person removing a tree does not want to replant, or has no room on site to plant new tree. CAC discussion: - Dave asked how homeowners know whether trees on their property were required for development and thus require permits to be cut down.Todd responded that the City website asks citizens to call the City if they have questions about tree removal on their property.Also, whenever property changes hands,the Tree Board mails postcards to new owners to tell them about the tree regulations and "call before you cut" phone line number. - Morgan asked if homeowners are in violation if they remove trees that were required for development by the subdivision developer. Todd responded yes.Trees that require a permit for removal include those planted to meet a code requirement, street trees in front yard,trees for buffering, etc. If a tree was not required for the development, then it does not need a permit for removal. - Morgan responded that there should be more homeowner education on this. - John W. asked if the homeowner or the developer is liable if a tree is removed during the first two or three years after development.Todd responded that permit requirements are exclusive of development code; they don't apply at the same time. During the two year establishment period,the developer is liable because they have cash assurance put in for those years and only get money back if trees survive. After that period,the homeowner is responsible for the trees. This is only the case for trees required for development—not all trees. - Tony commented that there is a major disconnect here, and the Code infringes on people's rights to cut down trees on their own property. Here we look at individual trees, but in development we have a canopy coverage percentage requirement. o Todd said that the proposed development requirements require documentation of individual tree species, location, and growing conditions.The proposal also has a canopy standard which is intended to encourage large stature trees rather than planting a specified number of trees regardless of their future growth habit.The existing code only looks at number of trees and the result is often excessive tree planting with little attention to long term growth.The canopy proposal means that one can meet the requirement in some cases with just planting one or two trees if they will grow into quality, big trees and are well placed. Every tree that is planted would still need to be accounted for on a tree inventory, which will also help people in the future be able to identify which trees are protected. The existing code does not have a process for individual trees that were required by development other than that you have to modify the original land use approval,which is a nearly impossible process for an individual Tigard Urban Forestry Code Revisions CAC Page 7 Meeting#9 DRAFT Summary -9- property owner.The intent of the proposal is to give people more flexibility on how to deal with trees that were previously planted with developments. o Morgan agreed that this does provide homeowners more flexibility, and that there is a difference between the way individual trees and groups of trees should be managed. The homeowner education component will be very important to help people know the best tree types to plant, and differences between native and non-native species. o Dave explained that the canopy cover requirement is a yard stick for development, but at some point, individual trees will have to come down, and so the permit requirements apply to the individual trees that make up the larger canopy cover. - Todd explained the tree removal permitting process. In his experience, 90% of tree removals are for rational,valid reasons such as the health of tree, power line obstruction, or messing up the sidewalk.There will be a City process where someone can submit a request for removal and the City will require removal and replacement of the tree.There will be a separate process for other situations where there is no health, safety, or property damage reason to remove the tree, such as on a commercial property where someone doesn't want signage blocked. Currently,the Code mandates that the City deny such requests, or require a new land use plan.The revised Code proposes a process to review these situations on a case by case basis with a peer review body authorized to use their discretion.This would be less onerous than requiring a new land use plan. - Todd explained that the proposed code requires the City to GPS all trees and put them into a database.There is talk about an intern putting all of the trees from old land use plans in the database.The City is currently considering whether or not this would be an online resource available to all citizens, because there might be a privacy issue. It may be the case that a citizen has to go to the City office to use the database. John W. asked for clarification about the language in the last paragraph on page 44 of the packet: "replacement is required through planting or a fee in lieu (unless there is not room on site)."Todd responded that the language is correct and intended to say that if there is not room for a new tree, then an in lieu of fee should not be required.Todd added that he would change the language to make that clear. - Tony noted that the same paragraph says that heritage trees cannot be replaced by new trees. He recommended that there should be a replacement provision for heritage trees. Other members agreed. - Dave asked committee members to consider the value we place on trees versus the value of property owner rights. If a homeowner has no protected trees on his property, can public outcry at cutting down the trees call for more permitting? Or should it be the right of the property owner to cut down all his trees? o Don responded that individual property rights are highly valued. o Todd said that the City often gets calls when trees are cut down and in most cases, permits were not required. Neighbors just want to know if the tree cutter was playing by the rules. Usually, once they know no permit was required, their concern goes away. Tigard Urban Forestry Code Revisions CAC Page 8 Meeting#9 DRAFT Summary -10- o John responded that if too many people cut down their unprotected trees, canopy cover would go away and could be a detriment to achieving the 40%overall goal. In that sense, we may not be doing our job by allowing trees to be cut down. o Dave added that since there are strong opinions valuing both trees and individual property rights,the Code needs to allow flexibility. - Dave said that he is in favor of low-cost tree removal permit process. He would like real estate agents informing buyers about trees that are protected. He suggested some sort of birth certificate for all trees planted by the City that are transferred to the buyer as part of education process so that the burden isn't on city to keep that information. - John F. suggested some kind of notice that goes to new homeowners to make them aware that the City has a program in place to plant free street trees. Discussion on permits for removal of dead trees - John F. expressed concern that the entire tree permit discussion does not give proper attention to protection of natural values of trees because it exempts dead trees from permitting. Dead trees are needed for natural resource purposes. He suggested amending the Code to say that natural resource purposes should be considered and protected as much as possible. - Todd responded that the consensus of the group at the last CAC meeting seemed to be that the Code should not require permits for removal of dead trees. We said that keeping dead trees can be encouraged, but not protected.The existing code requires removal of dead trees.The new proposal allows dead trees to remain unless they are hazard trees,which is something of a compromise.The proposal does not require permits for removal of dead trees in sensitive lands, but at the same time it does not require that dead trees be cut down. - John F. responded that most dead trees are along creeks and streams and in natural areas, and that is the most valuable place for those dead trees. Brian commented that those are the places where dead trees are not a hazard and no one is motivated to cut them down.Todd agreed that dead trees are important, but regulations are not needed to protect against cutting them down because people are not motivated to go into natural areas and cut down dead trees unless they are a threat. - Morgan suggested that whatever the City Council adopts regarding dead tree removal, staff should review it after a year and tell the public how well it is working.The City should count how many dead trees are being removed from sensitive areas, and how it can even get that information if there is no permit required. It might make more sense to require permits for dead trees to see how many dead trees are being cut down. She agreed that people aren't motivated to cut dead trees in bogs and natural areas, but at the same time, snags are the limiting feature for wildlife in the northwest, so the more we can do to protect them,the better. o Tony and John F. agreed that the Code provisions should undergo some probationary period to see how well things are working after a year.This should be expanded to other areas of the Code as well. - Todd asked members to indicate whether they would like to add a provision for notification or permitting requirements to remove a dead tree from sensitive lands. Tigard Urban Forestry Code Revisions CAC Page 9 Meeting#9 DRAFT Summary -11- o John F. asked if, instead of permitting, the City could do a survey now and again in a year or two on the number of dead trees in Tigard. Don asked who would pay for that, and asked whether a no-fee permit or a yearly survey would be more costly to the City. Todd responded that in the next Urban Forestry Master Plan update,there was a recommendation by Council to do a tree specific survey to help inform future management of the urban forest. He said he would recommend waiting to do a survey until that time. o Dave said that having no permit gives people an opportunity to cut down trees that may not be totally dead but just annoys them.To prevent that abuse, he thinks it makes sense to have some form of notification or permit for removal of dead trees. o Brian added that a permit system would allow the City to assess whether the tree is actually dead and needs to be cut down. o Tony commented that there are cases where a tree is dead and should be taken down to reduce the spread of infestations. In such cases,the homeowner should be trusted to make the decision to get rid of the tree. o Morgan said she does dead tree removal permits in Lake Oswego all the time. Many times,the tree is not even close to dead. She added that it is good to get another person's perspective on the issue to see whether the tree is actually dead, and if so why—is there some infestation that needs to be taken care of? o Don said he is in favor of a no-fee permit for dead tree removal, as it does not seem onerous to notify the City. Morgan agreed and added that this gives the City a chance to track the number of dead tree removals. Johns W. and John F. also agreed. o The committee came to consensus that a no fee permit should be required for dead tree removal on sensitive lands. Adrienne explained that committee members will review the revised draft of the tree permit requirements section of the Code during the comprehensive review in September. Adrienne asked members whether they agreed or disagreed with the Draft Tree Permits Requirement language through a round robin exercise: - Morgan,Tony, Don, Dave,John, and Brian agreed that the first draft is fine and adequately reflects the CAC's input. - John F. commented that page 47 of the packet, which says that the City Manager's decision to allow or deny tree removal should address all approval criteria and should be based on relevant approval criteria. But, it does not say that the applicant must comply with the approval criteria. On the other hand, Chapter 18 says that the streets shall comply with the street manual.John F. suggested that this section use stronger language and say that the "application shall meet the approval criteria in the forestry manual"to give it the same weight as in the street manual. Comprehensive Review Process & Next Steps Tigard Urban Forestry Code Revisions CAC Page 10 Meeting#9 DRAFT Summary -12- Adrienne noted that there will be only two more meetings of the CAC—on Wednesday,August 10 and Wednesday, September 14. Both meetings will be dedicated to the comprehensive review of the Code. Todd directed members to a memo he wrote in the packet. He noted that the purpose of the code revision project is not to meet the 40%canopy requirement in the UFMP; it is to be supportive of that goal, but regulation alone won't get us there.There are lots of additional programs, like education and outreach and tree plantings by the City to meet the 40%goal and other important urban forestry goals. As part of the update to the master plan, we can get more refined information (looking at species diversity, condition, etc. for urban forest) but it won't be part of this Code update process. He added that the Code moves towards those goals, but is not the vehicle for achieving those goals. Adrienne reviewed how the group will go through the comprehensive review process. Staff has decided to break the Code into four topics, which includes everything the group has talked about over the last year during meetings: 1) standards for development, 2)tree groves, 3) tree permits and 4) hazard trees. The August meeting will cover standards for development and tree groves.The September meeting will cover hazard trees and tree permits. Before each of these meetings, members will receive draft code to review. She asked members to please review the draft code language before each meeting to be ready to make comments at the meeting since the draft code will not be reviewed during meetings. Rather, the comprehensive review will focus on any loose ends or parking lot items related to each topic and a list of guiding principles developed by staff. Guiding Principles Adrienne explained that staff also intends to develop guiding principles for each of the four topics based on CAC discussions this year. For example, there may be ten to twelve guiding principles for each topic area.The guiding principles will convey the intent of the proposed code agreed upon by the CAC that will be carried forward to the Planning Commission and City Council throughout the entire adoption process.The guiding principles will represent the core of this group's beliefs related to the code language, and provide a concise message about what all members have come to consensus on. Adrienne noted that a list of the guiding principles will be provided to the CAC for review before each meeting and will really be the basis of discussion. Members will also get a chance to revisit some loose ends and outstanding parking lot items at each meeting. Staff will ask members to come to consensus on the guiding principles. Marissa added that the guiding principles will act as a great communication tool to the Planning Commission and City Council. Dave agreed that the Planning Commission would greatly appreciate this because it cannot read through every word of the Code and all meeting summaries. Understanding the basis of this committee's voice in a short message will be great, but it will also be important to hear the minority and majority opinions. John F. was concerned that such an overall summary would leave out the minority positions of group. Adrienne responded that City Council will be provided with the majority and minority reports as documented in the meeting summaries. Tigard Urban Forestry Code Revisions CAC Page 11 Meeting#9 DRAFT Summary -13- Urban Forestry Code Revision Process Marissa directed members to the handout on the Urban Forestry Code Revision Process. She noted that staff has thought about how members can stay involved in adoption process. Some of the specific language of Code will change through the steps outlined in the handout, such as during the technical review and input process and public review. Staff wants to make sure that the guiding principles are preserved through this language change. Staff will email to members the results of the technical review and peer review, but there won't be many opportunities for direct involvement there. During the input process and approval process,there will be more opportunities for public involvement.There will also be an open house in November. At that time,the public will have the opportunity to review the revised staff proposal,which goes through the adoption process with workshops and hearings. Marissa noted that the last CAC meeting is in September.Then, members will have an opportunity to participate in the adoption process, including the input process and approval process, by submitting comments. Tony was concerned about members of the public who haven't been involved throughout this process getting involved at the end of the process and changing the outcome of the process. Marissa responded that the City has had ongoing public involvement opportunities throughout this process, including project newsletters, an online comment form, and two tree grove open houses. Staff will also be presenting information at Farmers Markets and the Balloon Festival this summer. She added that the public process during approval process is the formal legislative public comment period. Dave added that there can often be a very vocal minority during the hearings process, but that this can be prevented by having a strong showing of this group to testify on behalf of this group. Tigard Urban Forestry Code Revisions CAC Page 12 Meeting#9 DRAFT Summary -14- Patty Lunsford From: Todd Prager Sent: Tuesday, June 07, 2011 12:12 PM To: 'ken@gertzco.com' Cc: 'Adrienne DeDona' Subject: Comments on Packet Thanks Ken. We will distribute. One thing I want to point out is Title 8 applies when Title 18 does not apply (see page 35, section 8.02.020). For example, if you are approved to remove trees through a Subdivision (SUB) or Partition (MLP) land use permit, you do not need individual tree permits through Title 8. Title 8 would apply, for example, in situations where a subsequent property owner wants to cut down a street tree that was required by development. -Todd From: Ken Gertz [mailto:Ken@Gertzco.com] Sent: Tuesday, June 07, 2011 11:39 AM To: Tree Board Adrienne DeDonna; Todd Prager Subject: Comments on Packet Adrienne and Todd, I will not be able to attend Wednesday nights meeting. Please distribute my comments at the meeting or before. Attached is a PDF for you to use. Todd and CAC Members, I will be unable to attend the scheduled meeting of the CAC on Wednesday. Gertz Fine Homes with our 34- year history of quality building and development has been recognized as leaders in Green Building Excellence and are up for awards in 9 categories of Green Building Excellence. I must be present to accept any awards we may win so I will not be able to attend the CAC meeting. As a part of this packet is directly related to Development, I hope no final decision will be made regarding development standards at this time. I will look forward to reading the minutes of the meeting;perhaps it can be e-mailed to me. Below are questions about the packet that was mailed to me that I would like answered. The first basic question I have is if a permit is required for each tree, or trees as a group. I believe the CAC agreed on fees applied, as a group as individual tree permits would be too expensive. Page 45. Should the City Managers allowed decision be more spelled out? It seems not clearly defined and may give grounds for appeal. Perhaps you should include the definition from page 44 and add anything else you deem as allowable for the Manager to act on. Should a time frame be included for both types of review. i -15- 8.10.020 Does Tigard prune the street trees as most other cities do? Should a provision be added to allow that and or maintenance of street trees? 8.10.040 I assume new development, minor partitions and the like will be specifically spelled out here or in 8.4.020. Page 66 last paragraph Trees removed under 18.16.040, for clarity, I think this section"According to Section 6. etc, should be included in the code for clarity. It seems like items 4, 5 & 6 should not require replacement under Section 6. 4 because if roots are causing damage to a building, a new tree will do the same, 5 if there is an approved street improvement replacement would not be possible, 6 if trees are removed for approved development or utility repair, it may not be wise or possible to replace them this should be allowed for in the code. I realize it says if here is room on the site, but that does not stop appeals. I don't see where it is referenced anywhere. Also in the sections that apply below. Page 70 last paragraph Trees removed under 18.16.040, for clarity, I think this section"According to Section 7. etc, should be included in the code for clarity. It seems like items 4, 5 & 6 should not require replacement under Section 7. 4 because if roots are causing damage to a building, a new tree will do the same, 5 if there is an approved street improvement replacement would not be possible, 6 if trees are removed for approved development or utility repair, it may not be wise or possible to replace them this should be allowed for in the code. I realize it says if here is room on the site, but that does not stop appeals. Apply as necessary to the UFM. Page 74 last paragraph Trees removed under 18.16.040, for clarity, I think this section "According to Section 8. etc, should be included in the code for clarity. It seems like items 4, 5 & 6 should not require replacement under Section 7. 4 because if roots are causing damage to a building, a new tree will do the same, 5 if there is an approved street improvement replacement would not be possible, 6 if trees are removed for approved development or utility repair, it may not be wise or possible to replace them this should be allowed for in the code. I realize it says if here is room on the site, but that does not stop appeals. Page 87. Is this reading $250 per inch? Is it based on a replacement tree of 1" or 2" or 3"The way I read it, if a person cut down 3 —24 inch DBH fir trees accidentally, it would cost them $18,000.00? (3 X 24 X 250= 18,000) I think we need to have a clear number that is reasonable. Accidents happen. I could see this happening along a long delineation between private land and buffer areas. Page 99 F.iv. I think you better check with TVFD to be sure they are Okay with 4' to a fire hydrant. I don't really think they are. See also Page 102 £iv Page 99 U. Should this be more? I was thinking about electric vaults and water meters. I think 2' may be asking for future trouble. See also Page 102 £v Page 99 g. What is a root barrier? I have never used one on a standard development, and would wonder how it plays out with the tree root boxes designed to go under hard surfaces you have spoken about? Will tree boxes be incorporated in the code? See also Page 102 g Page 106 Section 7,Part l.b.i Shouldn't 8.02 be 8.08 hazard tree? I think Development needs it's own definition of a hazard tree that does not include a target, as there may be no actual targets until the development is completed. This has been the subject of appeal before and the loophole should be closed. Page 106 Section 7,Part l.b.viii add building pads to the definition to allow cutting trees in areas of upcoming building. This process is done during development, not during building construction. i -16- Page 107. I am looking for all the criteria for when a development has to replace a tree, and have not found it. I was expecting the canopy required to enter in somewhere. Am I missing something? Page 109 Part l.b.viii add building pads to the definition to allow cutting trees in areas of upcoming building. This process is done during development, not during building construction. Page 110. I am looking for all the criteria for when a development has to replace a tree, and have not found it. Page 114: 1 am not a tree expert, so I have to ask. Have we got the right standard for an urban environment? In previous chapters, what has been talked about is a point rating of 8, 9 or 10 depending on the size. Now that I read this, it does not make sense to me in an urban environment. Under probability of Failure, Moderate, the symptoms sound like something that I would not want hanging over my home. A Standing dead tree? Shouldn't that be an automatic OK to remove? Root damage of 20%-33% on a tree near my new home would cause me sleepless nights in a windstorm and Crown damage generally leads to a bad tree. Shouldn't it be removed, especially before construction? And that is just the Moderate 2 point class. Moderately high: Areas of decay that may be expanding. Sounds ominous. I guess if they were small enough, it might be okay for a while, but it would sound like eventually it will need to be removed at the owners expense after new construction had occurred. It is far less expensive to remove a tree before construction High: It would seem that any of these would be cause for removal. Extreme: An emergency treatment where treatment is required? Some of these are recoverable, but some are not. Again, is this the right standard for Development? Page 115. I think Target should just be assumed as high in all cases or the Target criteria should just be removed, and the point scale revised. I was trying to figure out when in the city there is not a target. Parking lots, shopping centers, street trees, apartment complexes,parks, industrial areas, libraries, schools, hospitals and especially homes, all have obvious targets. Perhaps some sensitive lands may be ok,just not those near walkways or neighboring developed property. Wouldn't it just be easier to remove this criteria from the mix. Whether or not a tree has a target does not make it a health tree. In the very least, I think development sites should be treated differently than developed sites. As Developers, we must ensure the safety of the site for future construction and occupants. The entire site should be rated as High in the target area as it will be high upon completion. I really think Target should be removed from the Development Section of the code. This has been something that has be the object of appeal and should be corrected in the new code. Page 116 Risk 6-12 By the time a tree is at these stages, shouldn't it be removed from your property or community? I may not have the correct solution for this, but I don't think this scale is doing the job in habitable areas. Page 125: 1 have not found where any of the tier requirements have been incorporated into the code. Is it forth coming? I see the Tiers have a range of percentage of coverage, exactly how will that be decided? 3 -17- I appreciate the effort staff has put in and fundamentally approve of their plan. I particularly approve of not requiring tree permits for non-native trees. Well done. I think, depending on how it is implemented, there may be room for adjustment on the expected canopy coverage of residential lots. I would encourage the CAC to review their own homes using Google Maps with property lines turned on. You will find that people do not like trees over their homes and they like yards with areas of grass. By the time you remove the home and a yard area from the lot area, you may be surprised at the remaining area left for canopy. If it would be helpful, I would prepare a presentation showing actual homes in Tigard that would show various tree canopy coverage. In the previous packet Todd presented examples of First edition in Lake Oswego as an example of achievable coverage. Having built in that area, I can tell you that is not and will not be the case. First edition is an area of small homes on often double or triple lots that is steadily going through redevelopment. During redevelopment these smaller homes are being replaced with larger homes or duplexes and the lots are being redeveloped into one home on one lot. One of the examples shows a lot with dense coverage, but if you look closely at the map, it is a treed vacant lot, not a lot with a home as stated. Additionally, First Addition is comprised of predominantly narrow unfinished streets. They are substantially narrower than what they will eventually be after redevelopment, they presently have no curbs, gutters, storm system, planter strips or sidewalks allowing more room for the current trees. Trees that will have to be removed when the streets are completed to standard. In conclusion, First edition is not a good example of achievable coverage. Page 128: I fundamentally oppose any additional requirements that would involve CWS or any other entity. I feel the City is fully capable of regulating their own territory including tree removal. CWS is difficult to deal with, and I doubt they would be interested in taking on any new work. Ken Gertz President Gertz Fine Homes Voice 503-692-3390 Fax 503-692-5433 4 -18- City of Tigard . . Memorandum To: Urban Forestry Code Revisions Citizen Advisory Committee From: Todd Prager,Associate Planner/Arborist Re: Summary of Housekeeping Revisions Incorporated into the Comprehensive Draft Urban Forestry Code Revisions Date: July 7, 2011 Introduction Staff has completed a preliminary review of the Comprehensive Draft Urban Forestry Code Revisions to identify any necessary revisions to improve code clarity, consistency, and effectiveness. When completing the preliminary review, staff paid particular attention to the compiled list of housekeeping revisions suggested by CAC members. Below is a summary of the housekeeping revisions that have been incorporated into the Comprehensive Draft since the June 8, 2011 meeting of the CAC. Please note that the Comprehensive Draft has been reviewed by the City Attorney and will be further refined during the upcoming Technical Review process. Summary of Housekeeping Revisions 1. Added a consolidated project background and summary to the Urban Forestry Code Revisions. This involved taking the background and summary for each topic area (hazard trees, tree permit requirements, urban forestry standards for development, and tree grove preservation incentives) and combining into one. 2. Made minor spelling, punctuation, and grammar revisions to the code and commentary as needed consistent with city standards. 3. Added commentary for each section of code. Previously there was not commentary for some code sections such as purpose statements, and now there is corresponding commentary no matter how self-explanatory the code section. 4. Revised commentary language as needed to reflect that the document is now a comprehensive draft. For example, statements such as "this will be addressed as part of an upcoming topic" have been removed. 5. Sections of the Urban Forestry Manual have been rearranged and consolidated in some cases. For example, Street Tree Planting and Street Tree Maintenance were previously two separate sections and have been consolidated into one section (Street Tree Planting and Maintenance). -19- Since this changes the numbering of the sections, corresponding cross references to the Urban Forestry Manual in the code have been revised accordingly. 6. All references to the "Tigard Urban Forestry Manual" have been revised to "Urban Forestry Manual" for consistency. 7. Throughout the code and commentary, clarified that the Urban Forestry Manual contains "administrative rules" not "supplemental regulations." Previously there were inconsistencies in the code and commentary in describing what the Urban Forestry Manual contains, and now the description of the Urban Forestry Manual is consistent with city terminology. S. Throughout the code, clarified that the "canopy" refers to "tree canopy" to avoid any confusion since both words have separate definitions in chapter 18.120. 9. Revised the commentary for definitions in chapter 8.02 by providing a cross reference to the commentary for the same definitions in chapter 18.120. Commentary for definitions in chapter 8.02 is only provided for words that are not also defined in chapter 18.120. This is to avoid repeating the same commentary for the same words that appear in both chapters. 10. Revised the enforcement provisions in chapter 8.20 and 18.790 to remove reference to a requirement for payment of penalties within 30 days of a notice of violation because chapter 1.16 contains the procedures and timelines for payment of penalties for code violations. 11. Revised the definition of "Significant Tree" in section 8.02.030 to clarify that the tree owner's approval is required for designation. 12. Revised the commentary for section 8.04.020 to clarify that a replacement tree is not required if there is not a room for a replacement tree on site. 13. Revised language slightly in sections 8.14.020 and 8.16.020 to clarify when the code provisions are applicable. 14. Revised language slightly in section 8.18.030.0 to clarify the process for signing a deed restriction as part of the Heritage Tree designation process. 15. In title 18 only, changed the term "City Manager or designee" back to "Director" throughout. The City Manager has granted the Director final decision making authority for code provisions in title 18. In all other titles in the code, the City Manager has final decision making authority. 16.Added commentary for every tree related definition in chapter 18.120. Previously there was not commentary for some of the simpler definitions, and now there is corresponding commentary no matter how self-explanatory the definition. 17. Revised section 18.790.040 and corresponding commentary to clarify that a Type III Discretionary Urban Forestry Plan Review can be reviewed and approved by either the Planning Commission or the Hearings Officer. Previously, reference was only made to the Planning Commission, but the Hearings Officer is also authorized to review and approve Type III land use permits. 18. Revised Section 10, Part 1j, 1k, 2h, and 3d of the Urban Forestry Manual in conjunction to require trees less than six inch DBH that are protected by title 8 to be included in the urban forestry plan. Previously the language required an inventory of only street trees, median trees, and Heritage Trees less six inch DBH in the urban forestry plan (in addition to all open grown trees six inch DBH and greater, and all stands of trees). Since that time, additional categories of protected trees have been defined in title 8 such as trees that were required with development (e.g. parking lot trees) and trees that were planted using the Urban Forestry Fund. -20- Referencing trees protected by title 8 rather than listing each category of tree is more efficient. 19. Revised Section 10, Part 2h of the Urban Forestry Manual so that only preserved trees (in addition to planted trees) are required to be shown on the Tree Canopy Site Plan. Previously, the language was unclear and could be interpreted as requiring preserved and removed trees to be shown on the Tree Canopy Site Plan. In order to simplify the plan, removed trees should not be shown since they are obviously not eligible for credit towards the tree canopy standard. 20. Revised Section 10, Part 3d-vi of the Urban Forestry Manual so that the tree inventory addresses whether a particular tree is a Heritage Tree or not. Previously the tree inventory addressed whether a particular tree is a "Heritage Tree, street tree, median tree, or other". However, since only Heritage Trees are protected from removal with development, it is really only important to know whether a particular tree is a Heritage Tree or not. 21.Added a provision to Section 11, Part 1 of the Urban Forestry Manual that twice monthly site inspections and reports by the project arborist are required only during periods of active site development and construction. There are often extended periods of inactivity during the development and construction process, and the city's current practice of temporarily suspending inspection and report requirements during periods of inactivity is now reflected in the Urban Forestry Manual. 22. Revised Section 10, Part 3d to specify that documentation of compliance with soil volume standards is required prior to final acceptance by the City Manager or designee (final planning inspection, final engineering inspection, etc.) in cases where there is no building permit associated with the land use permit (as is sometimes the case for non-residential projects). 23.Modified Section 13, Part 3b-xii of the Urban Forestry Manual so that the project arborist is required to propose the canopy size for an alternative parking lot tree (not on the approved parking lot tree list) for review and approval by the city. This is consistent with the urban forestry plan requirements in Section 10. Previously the language read that the city would determine the canopy size for alternate parking lot trees. However, the city's role is review applicant's proposals, not develop proposals. 24. Modified Section 12, Part 3b-x and Section 13, Part 3b-xv of the Urban Forestry Manual to simplify the name of the standard soil volume plan drawings and specifications. -21- City of Tigard . . Memorandum To: Urban Forestry Code Revisions Citizen Advisory Committee From: Todd Prager,Associate Planner/Arborist Re: Summary of Parking Lot Items for Urban Forestry Standards for Development and Tree Grove Preservation Incentives Date: July 19, 2011 Due to limited meeting time, a number of issues raised by Citizen Advisory Committee members during meetings and not fully addressed at meetings have been placed in a list of "Parking Lot" items to be addressed as part of the comprehensive review phase of the project. Below are the Parking Lot items from the topics of Urban Forestry Standards for Development and Tree Grove Preservation Incentives, with a staff update/response and applicable code sections. Citizen Advisory Committee members may choose to discuss further at the August 10, 2011 meeting. -22- TOPIC PARKING LOT ITEM STAFF UPDATE/RESPONSE CODE SECTION 1. Urban 40%canopy target is too This has been incorporated into the draft 18.790.030 Forestry ambitious. proposal. A blanket 40%canopy target is Standards for no longer proposed. Instead,a tiered Development approach to the canopy standard based on zoning has been developed. Averaging of canopy across a development site is allowed rather than applying the overall standard for each lot as originally proposed. There are a number of incentives/credits for preserving existing trees and planting street trees which make canopy standard more easily achieved. A fee in lieu and discretionary approval option are available when the required amount of trees is not desirable or achievable. Due to the incentives/credits it is more accurate to label the standard as an effective canopy requirement rather than an actual canopy requirement. Based on the incentive/credits to meet the effective canopy requirements, the actual canopy required falls into the following ranges: Tier 1 —16%-40% for low&medium density residential' Tier 2—13%-33% for medium-high&high density residential/commercial/mixed use/industrial park2 Tier 3—10%-25% for industrial/downtown/schools3 2.Urban Overhanging trees should This has not been incorporated into the 18.790.030 Forestry receive double credit for draft proposal. Based on test cases, staffs Standards for canopy when a tree may cover believes there are adequate Development more than one lot. incentives/credits that will allow the tiered canopy standard to be met on a wide range of development sites while resulting in a reasonable amount of trees. Granting an additional double credit for overhanging trees could incentivize planting very close to property lines to maximize double credits. This may not be a desirable 1 R-1,R-2,R-3.5,R-4.5,R-7,and R-12 z R-25,R-40, C-N,C-C,C-G,C-P,MUE,MUE-1,MUE-2,MUC,MUR,and I-P 3 MU-CBD,MUC-1,I-L,I-H,and schools (18.130.0500)) -23- incentive. Staff recommends implementing the proposed methodology(without offering double credit for overhang) and reviewing periodically as recommended by the CAC to identify any implementation issues for future revision. 3.Urban Determine the impact of tree This has been incorporated into the draft 18.745.050 Forestry canopy targets on parking proposal. The parking lot tree canopy 18.790.050 Standards for standards are flexible enough to allow Development parking requirements to be met on a wide range of development sites. Use of methods such as structural soils is allowed to meet soil volume requirements under pavement without impacting parking. In addition,reduction of up to 20%below minimum parking is allowed to install traditional landscape islands for parking lot trees. 4. Urban How will the tree canopy Tree canopy targets would apply to infill 18.790.030 Forestry targets apply to infill lots (i.e. minor land partitions) in the same Standards for manner as larger developments such as Development subdivisions. The tree canopy targets would not place additional burden on minor land partitions because the underlying zone requirements (lot size,lot coverage,tiered canopy standards,etc.)would apply in a proportionate amount whether a development is a minor land partition or a large subdivision. When applying the draft standards to test cases,the amount of trees required by the proposed standards are more reasonable, equitable,and achievable than required by the existing code which requires inch for inch mitigation based on tree removal. 5. Urban Periodic evaluation after This can be addressed through N/A Forestry adoption incorporation into the final recommended Standards for draft. Staff supports this recommendation. Development -24- TOPIC PARKING LOT ITEM STAFF UPDATE/RESPONSE CODE SECTION 1.Tree Concerns about health of Tree The concern has been addressed and 18.790.050.0 Grove Grove after partial removal incorporated into the draft proposal. As Preservation requested by the CAC,considerations for Incentives preserving the health of Significant Tree Groves have been added to Section 10, Part 5 of the Urban Forestry Manual and cross referenced in the code. The considerations are intended to guide the project arborist and the city when determining what portion of the Significant Tree Grove to preserve. The considerations requiring balancing on a case by case basis since each development project will have unique circumstances that will drive preservation based on site conditions and development constraints. 2.Tree Option for transfer of excess This has not been incorporated into the N/A Grove tree canopy credit draft proposal. Staff was asked to further Preservation investigate developing such a program. In Incentives addition to the previously discussed legal and financial hurdles of such a program,an equity issue exists. While it is a goal of the urban forestry program to preserve significant tree groves,it is also a goal of the program to preserve high quality trees, regardless of whether located in a significant tree grove. The allowance of transferring excess tree canopy credit,while benefitting the significant tree grove,could result in a neighborhood nowhere near the significant tree grove losing canopy coverage.Many neighborhood residents already dislike the loss of trees during the development process,allowing an exemption from tree requirements because of transfer credits from another part of the city could be viewed as inequitable. After considering these factors, staff is recommending not including a transfer of excess canopy credit option in the draft proposal. -25- City of Tigard . . Memorandum To: Urban Forestry Code Revisions Citizen Advisory Committee From: Todd Prager,Associate Planner/Arborist Re: Canopy Standard Date: June 27, 2011 Introduction When describing the draft Urban Forestry Standards for Development, staff has emphasized the canopy standard because it is an easy concept for people to grasp regardless of their expertise in urban forestry. However, emphasizing canopy may have resulted in a perception that the city is focused solely on the achievement of canopy, and is ignoring other standards for urban forest health. Staff would like to provide some background as to why the canopy standard was drafted and highlight additional standards in the draft code beyond the canopy standard. Background During the Comprehensive Plan and Urban Forestry Master Plan processes, there was general consensus that the existing development code unfairly penalizes property owners with existing trees and encourages the overplanting of replacement trees. The reasoning was that mitigation requirements apply only to property owners with existing trees over 12-inch trunk diameter, and replacement trees or fees are required based on the diameter of trees removed. For example, if a 12-inch diameter tree is removed, replacement with 6, 2-inch diameter trees or a $1,500 fee in lieu of replacement ($125/inch fee) is required. Urban Forestry Master Plan goal 1.2.a recommends the city address this equity issue as part of the development code revisions by "(d)evelop(ing) canopy cover or tree density standards for all lots to be met by either preserving existing trees or planting new trees". The Urban Forestry Code Revisions Citizen Advisory Committee affirmed Urban Forestry Master Plan goal 1.2.a by general consensus through surveys and group discussions, and staff has worked to draft corresponding development code revisions. When drafting the development code revisions, staff studied a tree density standard (requiring X number of trees per square feet of development area) and compared it with a canopy standard -26- (requiring X square feet of canopy per square feet of development area). The canopy standard was selected as the preferred alternative for the following reasons: • The canopy standard allows more flexibility for the project designer to meet code requirements due to the wide variation of canopy shapes by species. A tree density standard has more limited options for the project designer to meet numerical tree planting requirements. • The canopy standard is more consistent with urban forest science and the city's long term urban forestry goals. The benefits of trees (economic, environmental, and social) are derived primarily from their canopies rather than number of trees. The canopy standard encourages large stature, appropriately spaced trees which have the highest benefit/cost ratios. A tree density standard allows small stature, closely spaced trees to meet numerical requirements. • The canopy standard requires the project designer to consider future canopy growth which helps ensure trees are properly placed within a site to become long term amenities. The canopy standard encourages appropriate tree spacing and setbacks from buildings by highlighting mature canopy growth, whereas a density standard focuses on planting a certain number of trees and does not take mature growth into account. • The canopy standard provides more consistency in development outcomes. For example, a parking lot planted to meet a numerical tree density standard can look very different after future growth depending on whether small ornamental trees or large shade trees are selected. The canopy standard helps normalize outcomes. • Planting trees to meet either a canopy standard or a tree density standard both rely on successful establishment and long term maintenance by property owners. However, the canopy standard focuses more on long term growth during the initial design phase so that trees are more likely to become long term site amenities. Additional Urban Forestry Standards for Development Staff is aware that focusing solely on a tree canopy standard would not result in a healthy urban forest and achievement of the city's long term urban forestry goal. This is why the canopy standard is only one among many of the draft Urban Forestry Standards for Development. The following is a summary of the draft urban forestry plan requirements for development: Submittal Requirements for Plan/Arborist Report • Species, location, trunk diameter, and canopy size of existing and proposed trees; • Condition and suitability for preservation rating for existing trees; • Location and type of development impacts that could affect existing trees; • Location and type of tree protection fencing; • Analysis of soils for proposed trees including chemical and physical properties, required amendments, and soil volumes; and -27- • Supplemental specifications by the project arborist for the continued viability of existing and proposed trees. Approval/Implementation Requirements • Existing and proposed trees are required to be appropriate species depending on their application (street trees, parking lot trees, reforestation trees, etc.) and not nuisance species; • Existing trees are required to meet minimum condition and suitability for preservation thresholds; • Proposed trees are required to meet minimum spacing, building setback, pavement setback, and other locational standards; • Proposed trees are required to meet minimum species diversity standards; • Proposed trees are required to meet minimum soil standards including soil volume standards for street and parking lot trees; • Individual lots, parking lots, and the overall development site are required to meet minimum canopy standards; • During site development and construction, the project arborist is required to regularly report on implementation of the urban forestry plan including tree protection and planting requirements; • A two year establishment period for newly planted trees is required; and • All trees in the urban forestry plan become protected and are required to be included in a publicly accessible urban forest inventory. Conclusion The canopy standard is an important element of the draft urban forestry standards for development. It is consistent with urban forest science and the city's long term urban forestry goals. However, the canopy standard is not intended or appropriate as a stand-alone requirement. Additional standards such as appropriate species, planting techniques, and preservation methods are incorporated in the draft requirements because all are essential for successful development outcomes and a healthy urban forest. -28- City of Tigard . . Memorandum To: Urban Forestry Code Revisions Citizen Advisory Committee From: Todd Prager,Associate Planner/Arborist Re: Draft Guiding Principles for Urban Forestry Standards for Development and Tree Grove Preservation Incentives Date: July 12, 2011 Introduction c During the comprehensive review phase, the Citizen Advisory Committee will develop a set of guiding principles for each of the Urban Forestry Code Revisions topic areas. The intent of the guiding principles is to concisely convey the consensus view of the Citizen Advisory Committee to Planning Commission,and City Council during the adoption process. The guiding principles will also serve staff during the technical review phase to ensure technical edits of the code remain consistent with the Citizen Advisory Committee's consensus view. A brief introduction page will be included to describe the purpose of the guiding principles and communicate the Citizen Advisory Committee's overarching recommendation that the provisions be periodically evaluated after adoption. Periodic evaluation will allow the code to be adapted as needed to address unintended consequences and emerging science. Following are a set of draft guiding principles for the topics of Urban Forestry Standards for Development and Tree Grove Preservation Incentives. The draft guiding principles are intended as a starting point for the Citizen Advisory Committee's discussion at the August 10, 2011 meeting. -29- Urban Forestry Standards for Development Major development projects build, improve, and maintain public and private infrastructure including streets and utilities in accordance with city standards. Major development projects shall also contribute to the urban forest component of the city's green infrastructure regardless of existing site conditions as follows: • Provide an urban forestry plan by a certified arborist outlining methods for preserving, planting, and maintaining trees in accordance with industry accepted standards; • Meet tiered canopy targets tailored by zone with: o New trees that have adequate soil resources, appropriate species, a diverse mix, and are well placed; or o Existing trees in good condition, suitable for preservation, appropriate species, and are well protected during development; • Grant bonus credits towards tiered canopy targets for preserving existing trees to reward tree stewardship in the years before development; • Encourage planting of new trees that will be large stature at maturity to meet tiered canopy targets. Well placed, large stature trees are proven to have high benefit to cost ratios; • Allow a fee in lieu of meeting tiered canopy requirements to be used for a full range of activities that support the urban forest infrastructure; • Provide flexibility in sidewalk, parking, landscape, and lot standards to facilitate preservation and planting; • Require street trees and parking lot trees to meet more detailed soil volume standards. These trees often have limited access to soil needed to support their function of providing canopy over impervious surfaces; • Allow modifications of an urban forestry plan during the course of development through a Type I review process so that planting and preservation strategies can be easily adapted; • Require regular monitoring and reporting of an urban forestry plan during the course of development by a certified arborist to ensure successful implementation; • Record spatial and species specific data for inclusion in a publicly accessible inventory of trees. Readily accessible information on trees benefits citizens and the city when making future decisions in the years following development; and • Provide a discretionary review track in lieu of meeting tiered canopy requirements or fees for innovative, alternate development proposals that provide equivalent environmental benefits as trees (energy, hydrology,wildlife, etc.). -30- Tree Grove Preservation Incentives Within the city limits, 70 native tree groves covering 544 acres have been identified as significant through the state Goal 5 rule requirements. Major development projects with a mapped Significant Tree Grove shall be eligible for flexible standards and incentives to aid in preserving the grove as follows: • Allow reduction of minimum residential density requirements based on the amount of grove preserved. As more grove is preserved, require fewer units; • Allow transfer of residential density from the grove to the non-grove portion of a site. As more grove is preserved, allow a reduction in required lot and unit dimensions; • Ensure compatibility with the surrounding neighborhood when transferring density for grove preservation; • Allow additional building height and reduced setbacks for commercial and industrial development that preserves a grove; • Maintain adequate buffering and screening from surrounding development when adding height and reducing setbacks for commercial and industrial development that preserves a grove; • Waive any lot by lot canopy standard in favor of preserving cohesive canopy from a grove; • Establish authority to adjust street and utility standards in favor of preserving a grove as long as it does not create an unreasonable risk to the public; • Require the applicant to work with a certified arborist to maximize the connectivity and viability= of the preserved portion of a grove in accordance with industry accepted standards; and • Require permanent protection and management of a grove within a development that utilizes any of the flexible standards and incentives for grove preservation. -31-