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04/21/2008 - Packet Mir lig City of Tigard . . Planning Commission — Agenda TIGARD . „ . . . . MEETING DATE: April 21, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.rn. 3. COMMUNICATIONS 7:02 p.m. 4. APPROVE MINUTES 7:10 p.m. 5. PUBLIC HEARING 7:15 p.m. 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00002 Tigard Comprehensive Plan Update Pertaining to Tigard's Urban Forest REQUEST: To amend the current Comprehensive Plan to include goals, policies, and recommended action measures to reflect current community conditions and values relating to Tigard's Urban Forest.. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1,2, 5, 6,and 11. 6. OTHER BUSINESS 8:30 p.m. 7. ADJOURNMENT 8:35 p.m. PLANNING COMMISSION AGENDA-APRIL 21, 2008 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 1 • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 21,2008 1. CALL TO ORDER President Inman called the meeting to order at 7:05p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman, Commissioners: Caffall, Doherty, Fishel, Hasman, Muldoon,Vermilyea, and Walsh Commissioners Absent: Anderson Staff Present: Ron Bunch,Assistant Community Development Director;Darren Wyss, Associate Planner;John Floyd,Associate Planner;Todd Prager, City Arborist; Doreen Laughlin,Administrative Specialist II 3. COMMUNICATIONS Commissioner Caffall reported that he'd attended the CCI [Committee for Citizen Involvement] meeting earlier in the month and that the City now has four neighborhoods up and running with their"neighborhood website." He said the City webpage has detoils on these neighborhood websites and that more are to come. He encouraged people to check out the website to see if their neighborhood has a webpage. 4. APPROVE MEETING MINUTES There was a motion by Commissioner Caffall, seconded by Commissioner Doherty, to approve the April 7, 2008 meeting minutes as submitted. The motion carried as follows: AYES: Caffall, Doherty, Fishel,Hasman, Inman,Walsh NAYS: None ABSTENTIONS: Muldoon,Vermilyea EXCUSED: Anderson 5. PUBLIC HEARING 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA)2008-00002 Tigard Comprehensive Plan Update Pertaining to Tigard's Urban Forest PLANNING COMMISSION INAFFTING MINUTES—April 21,2008—Page 1 1:11.RPLNIDoteenIPCAPC Minutes 2008%4-21-08 Planning Commission Minutes.doc • 1110 REQUEST: To amend the current Comprehensive Plan to include goals, policies, and recommended action measures to reflect current community conditions and values relating to Tigard's Urban Forest. The complete text of the proposed Amendment can be viewed on the City's website at http://www.tigard-or.gov/code_ amendments. LOCATION: Citywide. ZONE: All City Zoning Districts. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Chapters Citizen Involvement, Environmental Quality, Hazards, Public Facilities and Services, and Natural Features and Open Spaces; Metro Functional Plan Titles 3 and 13; and Statewide Planning Goals 1,2, 5, 6, and 11. President Inman opened the public hearing, explained that this meeting was a continuation from the last heating, and went on to explain the process. She noted that public testimony would be reopened and that there is a 3-minute limit for individuals and a 20-minute limit for people speaking on behalf of a group. John Floyd,Assistant Planner, gave his report on behalf of the City. He went over changes that had been made by staff since the April 7 meeting. He noted that there were basically four changes and that his Power Point presentation would cover those changes. Following are the changes (in brief): 1. Eight (8) policies and recommended action measures were amended, rewritten, or recreated as a result of direction from the Planning Commission at the last meeting; 2. Two definitions were changed—one is new, one is substantially rewritten; 3. Staff wanted greater clarification as to Planning Commission's preference in policy 2.2.9 (which he would explain in more detail later in his presentation); and 4. Two pieces of public comment had been received by staff since the last hearing [Attachments 1 & 2] for the Planning Commission's consideration. Floyd explained these changes in detail in his PowerPoint presentation (Attachment 3). After Floyd's report, President Inman asked the commissioners if they had any questions of staff regarding this. There were none. At this point,President Inman opened up the meeting for public testimony. PUBLIC TESTIMONY-IN FAVOR: Janet Gillis, 13711 SW Essex Drive, Tigard, OR 97223 (Chair of the Tree Board) said the Tree Board had met again since the last Planning Commission meeting and went over the issues that they considered particularly important [Listed in attachment 2]. John Frewing, 7110 SW Lola Lane, Tigard, OR 97223, spoke in support of the policies and action items - specifically, recommended action measure 2.2.v (page 5 of Floyd's memo of 4/14) where the word "removals"is replaced by the words "permitted removals." He also PLANNING COMMISSION MEETING MINUTES—April 21,2008—Page 2 1:1LRP114%Doreen1PC1PC Minutes 2008%4-21-08 Plannhp Comirassion Minutes.doc • spoke about the definition of "understory" — that it should say "immediately under, or immediately adjacent to, trees or canopies." Kandace Horlings, 14525 SW Chesterfield Ln., Tigard, OR 97224, identified herself as a Tree Board member. She said that committees can never make everyone happy. She said she works as a landscaper and she spoke about rules. She said, even as a landscaper, she has to get permits at times. She does not believe the Tree Board is working against developers. She commented that what is in place now is not going to work 30 or 40 years from now. She noted that this is a broad document, by design. She would like to see the HBA (Home Builders Association) members and interested public citizens sit down with the Tree Board. She reiterated that this is a starting point and the Tree Board is willing to listen. Tony Tycer, 10655 SW Hall Blvd., Tigard, OR 97223, spoke about understory vegetation. He said his concern is more aimed towards the soil, as he believes that is more relevant. He commented that these policies are deliberately very broad. PUBLIC TESTIMONY- IN OPPOSITION: Alan Deharpport, 5740 SW Arrowwood Lane, Beaverton, OR 97225, was concerned about the wording.. He wants to add to the following language as a recommendation on 2.3.4: "...while minimizing the financial impact to the property owner." He said there are hundreds of thousands of dollars in tree mitigation fees that the underlying property owner typically pays. He said that's a straightforward addition to the language that would allow the writers of the code to come up with a mitigation standard that would not be onerous to the underlying property owner. In addition, he was concerned that the definition of mitigation came within a week's notice of the vote — he thought that was too fast for everyone affected by this to make a judgment. He requested another continuance to take into account the many people who would be affected by these policies. He expressed concern about mitigation fees. He noted his concern that citizens were not notified. He also noted that the wording "proportional to the loss" is nebulous. He wondered what proportional means... does it mean tree for tree? Inch for inch?" He expressed concern about the wording of the document. He said the code writers should have leeway. Bill McMonagle, 8740 SW Scoffins St., Tigard, OR 97223, gave a scenario where a property was devalued simply because it had trees on it. He believes that's wrong. He said trees are going to be the dictator of the functional use of land. He was concerned about the understory issue. He believes the City should not be "in their backyard." Kevin Luby, 16497 SW 103 ,Tigard, OR 97223, said there is a dichotomy between developers and subsequent occupancy. He discussed the developer's side. He agreed with previous testimony that the mitigation fee schedule is unfair. It doesn't take into account the realistic life expectancy of trees. As far as "subsequent occupancy"—he said his ability to decide when the useful life of his own trees is done and when he wants to replace those trees should be his own decision. He was further concerned about requiring permits to take down PLANNING COMMISSION MEETING MINUTES—April 21,2008—Page 3 IALRPUADoreenV,ClPC Minutes 20084-21-08 Planning Commission Minutes doc 4110 trees, he said the City would have the right to deny that permit and he has a problem with the City having that kind of control over his property. Among other things, he expressed concern over the vagueness of the definition "understory vegetation" and was concerned about the idea of mitigation fees on private property. The question was asked if he had any suggestions on how to improve on the idea of"understory." He said, 'Delete it." Walt Knapp, 7615 SW Dunsmuir, Beaverton, OR 97007, identified himself as an arborist & forester of 47 years. He spoke specifically to the question of "understory". He encouraged the City to drop all references to it because it has no "handles" that can be scientifically supported. Ken Gerts, 19200 SW 46th Tualatin OR,introduced himself as a long-time Oregonian. The written form of his comments is Attachment 4. James McCauley, 15555 Barley Rd., Lake Oswego, OR 97035, of the HBA (Homebuilders Association) stated that he believes a major error regarding the Tree Board is that there does not appear to be a broad range of interests represented. He said he believes policy 2.3.1 is a horrible piece of language from a private landowner's point of view. He spoke to the issue of"understory" — he agreed that there is no scientific evidence regarding this. On policy 2.3.4—he believes "balance" is a better word than "minimize." Craig Brown, 16074 SW 103rd, Tigard, OR 97224 expressed concern over policy 2.2.4. He said the intent was not clear. In recommended action measure 1.1.iv—he wondered whether the City will be doing our landscaping now. He does not understand what the provision implies. 2.3.1 —believes it's overreaching.As to 2.3.1a—he wonders whose standard this is going to be. What is proportional impact? It's very subjective and he's concerned how that will be applied. 2.3.2 with regard to "subsequent occupancy." He's concerned about the City going into people's yards changing things. He questioned the definition of mitigation. He questioned the term "understory vegetation". He said if property is zoned residential,it's residential. If you add penalties and punitive policies, that keeps it from being developed that way, and you are not providing for reasonable development. Jeff Caines,8196 SW Hall Blvd.,#232,Beaverton, OR 97008,identified himself as a land- use planner and said he was speaking in support of the changes of the builders. He encouraged the City to be very careful in adopting policies and to pay attention to the fact that these policies have a great effect on the citizens. When you adopt policies be very careful —it may start to infringe on private property owners rights. Roger Anderson, 10120 SW Kable, Tigard, OR 97223, said he'd only heard a week or so ago that the City was working on this tree thing and that it would affect every citizen in Tigard who own houses and trees. He was especially concerned about "non-development trees" and "subsequent occupancy". He suggested the City take these two phrases completely out of the policy wording. He said he believes this is overkill. He wondered why the City cares about private homeowners trees. He believes the ordinance is ridiculous. He thinks it would actually cause people to hate trees since they will have no control over them. PLANNING COMMISSION MEETING MINUTES—April 21,2008—Page 4 IALRPLIADoreen‘PC\PC Minutes 2008W-21-08 Planning Commission Minutes doc • And then they'd have to pay for a permit to take trees down on their own property. He believes if the City wants to control his property, then they should buy it. Steve Roper, 196 SW Hall Blvd. #232,Beaverton, OR 97008, said the others who had spoken in opposition had pretty much said what he believes as well. He spoke about affordable housing. He said adding tree mitigation adds to the price of those homes. He spoke about the lack of developer input into the Tree Board. He felt the Tree Board wasn't really interested in his take on things. PUBLIC TESTIMONY CLOSED There was a 5-minute break. DELIBERATION: 9:53PM President Inman explained that the deliberation time is a time for the Planning Commissioners to deliberate and that, at this point, they would not be entertaining questions or comments from the audience. The public testimony time had officially closed. After much deliberation, the Planning Commission came up with the following revisions (not in order of the text) to be taken into consideration of the motion that follows: 1. Strike all reference to the term "understory vegetation" throughout the document and remove the definition. 2. 2.3.1—strike reference to "all development and non-development related tree removal" and substitute the language "The City shall develop and implement standards and procedures designed to minimize impacts on existing tree cover,with priority given to native trees and non-native varietals that are long lived and/or provide a broad canopy spread." 3. 2.3.1a—"In prescribing the mitigation of the impacts of development, the City shall give priority to preservation of existing trees and shall consider the financial impacts of mitigation." 4. Changed definition of mitigation. Everything is the same except after the word compensated—strike everything—and put "as appropriate". 5. 2.3.2 changed to "The City shall develop policies and procedures designed to protect trees,including root systems, selected for preservation during land development." 6. 2.3.4—remove the word "require" and substitute "develop." 7. 2.2.9—use the word "discourage." 8. 2.2.v—The word "removals"was struck but will be reinstated as "permitted removals." 9. Definition of a "hazard tree"will be reviewed in the ISA definition and will be held open until the next meeting for potential amendment at that time. PLANNING COMMISSION MEETING MINUTES—April 21,2008—Page 5 1:11APINIDoreen1PC1PC Minutes 2008W-21-08 Planning Cornmssion Minutes doc • • Commissioner Walsh made the following motion, seconded by Commissioner Doherty: "I move that the Planning Commission forward a recommendation of approval to the City Council on application case number CPA2008-00002 for the Tigard Comprehensive Plan update pertaining to Tigard Urban Forest and adoption of the revisions that the group just reviewed [above] and approval of the staff report and public testimony presented and received. I further move that the definition of "hazardous tree" be revised based upon ISA definition and that that issue be left open for future review and approval by the Planning Commission." The motion carried as follows: AYES: Caffall, Doherty, Fishel, Hasman, Inman,Muldoon,Vermilyea, and Walsh NAYS: None ABSTENTIONS: None EXCUSED: Anderson 6. OTHER BUSINESS - President Inman reminded the commissioners that this issue would go to City Council for a May 6 workshop and a June 3 hearing. 7. ADJOURNMENT President Inman adjourned the meeting at 11:48p.m. Doreen Laughlin,Administrativ'epecialist II ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES—April 21,2008—Page 6 IALRPLNDoreeMPCIPC Minutes 20084-21-08 Planning Commission Minutes.doc John Floyd • From: John Frewing [jfrewing@teleport.com] ATTACHMENT 1 Sent: Thursday, April 10, 2008 5:12 PM To: John Floyd Cc: SBeilke@europa.comm; Gillis, Janet Subject: April 10 Comments on Urban Forest Comp Plan Amendment John, The comments in the next paragraph below are intended to supplement the comments which I made at the Planning Commission hearing on April 7; I understand that the public hearing was continued until April 21 to allow parties and interested persons additional time to review the recently received proposed changes. Recall that at the April 7 phase of the hearing, I emphasized several issues as follows: 1) make development of the Urban Forestry Master Plan (action measure 2.2i) a policy rather than an action measure, 2) provide a legislative basis for regulation of trees outside the development approval process (covered by policy 2.3.1, which I did not notice until later in the meeting), 3) clarify the definition of'understory' vegetation to clearly include buffer areas around trees or tree groves where important for the protection of tree health and associated healthy soil conditions, 4) include in policy 2.2.1 a mandate to create overlay zones where important tree species or tree groves currently exist which should be more stringently preserved for the beneficial development of a heritage urban forest for Tigard, 5) provide in policy 2.2.7 a legislative basis for broader uses• of tree fines and migigation funds to protect and develop our urban forest(an idea first put forth by Tony Tycer at most recent workshop between Tree Board and Planning Commission) and 6) extend policy 2.2.2 to include the concepts discussed in the City of Portland discussion draft regarding interdepartmental coordination of permitting actions necessary to protect trees. Additionally, I would comment: a) Policy 2.3.2. Modify to read 'The City shall require preservation, planting, aned/or replacement of understory vegetation when it is important to protecting nearby existing trees before, during and after construction and occupancy; priority shall be given to the preservation of native or existing understory vegetation that performs the following functions: . . . ' This wording ('when it is important to') provides some definition for the purpose and extent of understory protections. b)Action Measure 2.2.v. This action measure should be raised up to the importance of a policy. It is a key part of the Urban Forest Management Plan, which would be impossible without an inventory. c) The word 'removals' should be replaced by the words 'permitted approvals'. Such an inventory simply provides in one place the already public record of tree removals, thereby not invading any person's privacy. This clarification need not include the number/name of each tree removed, but simply the Tigard permit number under which one or more trees are permitted to be removed. d)Action Measure 2.2.v. The prior comp plan included protection for'timbered areas', which were shown on a comp plan map but never used in development approval processes. The current plan omits any reference to'timibered areas' but should --this inventory action measure is a good place to include this concept, perhaps as part of'the state of the City's urban forest'. e) Policy 2.3.4 should remain as it stands. Questions were raised on April 7 as to whether this could be applied to single family residential development or whether street, sidewalk and building pad areas should be excluded. Concepts such as ecoroofs, permeable pavers, etc are among the design features which could reduce impacts in residential developments. f)General processes. As a Type IV proceeding, it seems that 390.060A requires a pre-application conference, which I do not see in the record, which includes a number of Tree Board meetings. The procedural steps of 390.060 should all be followed as well as the general requirements of 390.080. g) Consistency Review(page 12/19 in staff report). The existing comp plan at policy 3.4.2.b requires that development proposals in designated timbered or tree areas be reviewed through the planned development process to minimize the number of trees removed. The current proposed comp plan policies do not comply with these former provisions. The exact location of designated timbered or tree areas was shown on a map as part of the old comp plan, but new areas are • not updated and identified. The new cc plan provisions should at least give the 11 le protection as the old comp plan for the (fewer) remaining treed areas in Milliard. h) Consistency Review (page 12/19 in staff report). The existing comp plan at policy 3.4.2.c requires that cluster type development be used in areas having important wildlife habitat value. It is widely acknowledged (eg METRO Goal 5 materials) that treed areas are important for wildlife habitat. The proposed comp plan policies do not comply with the requirement for cluster type development in these treed areas. The new comp plan provisions should at least give the same protection as the old comp plan for the (fewer) remaining treed areas in Tigard. i) Consistency Review(page 12/19 in staff report). The existing comp plan at policy 3.4.2.a requires that trees and natural vegetation along natural drainage courses be maintained to the'maximum extent possible'. The proposed comp plan policies do not comply with this requirement to maintain these trees and natural vegetation to the'maximum extent possible.' In fact, some have suggested that the new comp plan should only require'consideration' of saving such trees. The new comp plan provisions should at least give the same protection of these trees as the old comp plan for the (fewer) remaining treed areas in Tigard. j) Consistency Review(page 18/19 in staff report). Staff response to Frewing's first comment re the observed practice of thinning, and waiting the required year or two before removing all trees and then applying for development with no burden of preserving trees says that the legislative basis is in policy 2.2.1 and 2.3.3. Policy 2.2.1 simply says that Tigard regulations will be periodically reviewed/updated and 2.3.3 relates to hazard trees -- neither relates to the practice Frewing referenced and which has been widely seen and dealt with by other jurisdictions in the METRO area. The findings by staff are not based on any facts. A new policy should be added which clearly states that from the date of this comp plan amendment adoption, Tigard will not tolerate the use of specified time wait periods to avoid tree protection regulations at the time of development in the city. k) Consistency Review (page 18/19 in staff report). The same objection to staff response as noted in comment j above is made for the staff response for Frewing comment three (wording should provide basis for later development of regulations requiring alternative analyses). The findings by staff are not based on any facts and do not address the subject of the comment. Please contact me if you have clarification questions on these commehts. Thank you. John Frewing 7110 SW Lola Lane, Tigard, OR 503-245-5760 2 411 111 ATTACHMENT 2 IIICity of Tigard TIGARD Memorandum To: Planning Commission From: John Floyd,Associate Planner Re: Recommendations from Tree Board for the April 21 Public Hearing Date: April 18, 2008 On April 17th the Tree Board held a special meeting to discuss the Urban Forest Comprehensive Plan Amendment currently under consideration by the Planning Commission. After discussing the April 7 public hearing, and reviewing the packet distributed for the upcoming April 21st hearing, the Tree Board directed staff to deliver the following recommendations for the Planning Commission's consideration: > The Board approves of the new definition for"Mitigation" as drafted by staff, and recommends its adoption by the Planning Commission. > The Board recommends the definition of"Understory Vegetation" be expanded to read as follows: "Any tree, shrub or groundcover growing under a tree or forest canopy that contributes to tree health and vitality." > The Board recommends Policy 2.3.1a more closely resemble Policy 2.3.1,with the following language inserted: "The City shall require mitigation for all development and non- development related tree removal that is proportional to the impact,with priority given to the preservation of existing trees over mitigation." > The Board recommends the following word change in Policy 2.3.4: "The City shall require develop and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation." • ATTACHMENT 3 Tigard's Urban Forest Comprehensive Plan Amendment 2008-00002 April 21 , 2008 John Floyd, Associate Planner Todd Prager, Arborist Changes from April 7 The following Policies and Recommended Action Measures were amended or added: 2.2.1 , 2.2.2, • 2.2.11, 2.2.i, 2.3.1, 2.3.1a, 2.3.2, 2.3.5 Two definitions were created or amended: Mitigation and Understory Staff requests clarification on Policy 2.2.9 regarding which option the Commission prefers Additional comments were received from John Frewing and the Tree Board (Public Comment must be reopened to accept) 1 • • Mitigation Defined A process, standard, compensatory action, or any other mechanism by which adverse impacts can be avoided, minimized, restored, or compensated at a level proportional to the impact. Unders_tory Defined Any trees, shrubs or groundcover growing under a tree or forest canopy. Tree Board recommends: Any trees, shrubs or groundcover growing under a tree or forest canopy that contributes to tree health and vitality. 2 z . • • , Policy 2.2. 1 The City shall maintain and periodically update policies, regulations and standards to inventory, manage, preserve, mitigate the loss of and enhance the community's tree and vegetation resources to promote their environmental, aesthetic and economic benefits. Policy 2.2.2 The City's various codes, regulations, standards and programs relating to landscaping, site development, mitigation, and tree management shall be consistent with, and supportive of, one another; administration and enforcement shall be regulated and coordinated by the variously impacted departments. 3 • • Policy 2.2.9 When possible and appropriate, the City shall prohibit the use or retention of invasive trees and other plants through the development review process. The Tree Board recommends: • The City shall discourage the use or retention of invasive trees and other plants through the development review process. Policy 2.2. 11 (new) The City shall develop and implement a citywide Urban Forestry Management Master Plan. 4 ' S 0 , Recommended Action Measure 2.2.i Develop and implement a comprehensive, coordinated update and enhancement of all . tree and associated understory vegetation related regulations, standards, programs, and plans. Policy 2.3. 1 (split in two) The City shall require all development and non-development related tree removal to minimize impacts on existing tree cover, with priority given to native trees and non-native varietals that are long lived and/or provide a broad canopy spread before, during and after construction and subsequent occupancy. . 5 Policy 2.3. 1a (new) The City shall require mitigation that is proportional to the impact, with priority given to the preservation of existing trees over mitigation. Tree Board recommends: The City shall require mitigation for all development and non-development related tree removal that is proportional to the impact, with priority given to the preservation of existing trees over mitigation. Policy 2.3.2 (rewritten) The City shall, in order to protect trees during land development and subsequent occupancy, ensure the protection or installation of compatible understory vegetation. • 6 , • • Policy 2.3.5 (rewritten) The City shall, in order to preserve existing trees and ensure new trees will thrive, allow and encourage flexibility in site design through all aspects of development review. Next Steps if Staff Recommendation Accepted Tonight Council Workshop: May 6, 2008 Council Hearing: June 3, 2008 7 • ATTACHMENT 4 Dear Ms. Jody Inman Planning Commission Et All. RE: Memorandum to Planning Commission dated April 14, 2008 Thank you all for all your hard work on this sensitive matter. I have reviewed the 4/4/08 Supplemental Comments and have the following questions and comments. Goal 2.2 .9 I agree with the Tree Board's recommendation to change "prohibit" to "discourage". .11 "The City shall develop and implement a citywide Urban Forestry Master Plan. What exactly will the Management Master Plan do? Is it a planting plan? It is not clear what is required of this plan. RECOMMENDED ACTION MEASURES I suggest adding the following item xi: Develop a list of trees etc that do not need to be included in the tree plan, including Ornamental low growing trees, like Japanese and lace leaf maples and the like, Poplars, Arborvitae, Cotton Wood, and Alder that have short lives and others that do not make a significant impact to warrant protection in development areas. Obviously stream corridors and the like could be treated differently if it makes sense to do so. Goal 2.3 1. The City shall require all development and non-development related tree -e 5joe removal etc. #0 .s tw___--( ,r) 14..) Just a question, does this add mitigation to private individual lot owners? Won't that restrict remodeling? Is that the intention? The opportunities to mitigate on individual lots are limited at best. I think this is overkill, and too much Big Brother. Exclusions should be made for the individual homeowner. 1. What exactly does Minimize mean? Does it mean don't cut any trees, half the trees, or we can add after "on existing tree cover" that can be • • reasonably expected to survive after improvements have been done and will present no hazard to public or property. 1. Non-native varietals? Are these trees or shrubs & bushes? What exactly do you mean? If shrubs and bushes or anything other than trees are to be included, I suggest you postpone that for a future opportunity to give the public a chance to study that. yt‘A.k.ac Oa st 2. UNDERSTORY VEGITATION: do not understand this one. Can e you imagine a residential or commercial building with preserved understory vegetation in their front yard? That's not a yard, it's an eyesore. Nobody wants Salal, Goose Berries and Hawthorn and the like in their landscape. CC _ Please add "In ecological corridors," The City shall... and keep the developable property out of it or add provisions for traditional landscaping people want. k 4/1„(p ..ak 4. This is open ended. ADD: and provide clear achievable goals given id hir= the type of development proposed. 8. I view this as a threat to all development, with the potential to stop any development with more than one tree on it. A provision needs to be in place / - that balances tree preservation with the right of the property owners to 4 cf5,t) develop their property to the current zoning standard for that property. An owner should not be denied the complete use of their land to save trees that can be replanted without complete compensation for their loss,just as in eminent domain cases. There is no difference between taking a person's property for a road or taking it to save trees. It is injurious to the landowner in either case. Please add the following: and groves instead of isolated specimens", while allowing for the full development of the property to its legal potential." The HBA has made it clear that the property owner's rights need to be protected as well as the trees. I would like to give you an example: Your 75-year-old mother has 2/3 of an acre and an old house that can be developed into 3 lots, she could sell it for $300,000 to $400,000, which she could use to pay for her living at a nice retirement apartment. However, if there were a grove of trees on it, she would have just one lot • • and an old house with little value. Don't you think she deserves compensation for her property? I do. Hazard Tree definition: The wording of this definition does not meet accepted International Society of Arboriculture Standards. Additionally, as we are dealing with future improvements to be constructed around any tree, please replace "the tree or any part of the tree is likely to fall and injure persons or property etc." with "the tree is likely to fall fail and injure persons or damage property either existing or potential, and where pruning or other commonly accepted arboriculture practices treatments will not significantly alleviate the hazard." An Observation: What has not been addressed is the vast expense to the county and state of urban sprawl caused by inefficient use of property within the Urban Growth Boundary. A great deal of expertise, time and money has been spent to develop the current zoning and limit urban sprawl. The current thought seems bent on throwing this work out and adding to Urban Sprawl. Every building, parking spot, home or apartment unit that is not developed to plan, is another unit that needs to be built on farm land at the edge of the UGB, and results in a greater distance people have to commute. The demand for growth does not stop. This is contrary to the logical plan of the UGB and of both energy and natural resource consumption. The more we spread out, the more farming land, forest, watershed and wildlife are impacted. It takes a great deal more resources, both current and future to develop outlying properties than it does to develop infill property. In conclusion: I • • I suggest including as one of the primary goals under Goal 2.2 .12 The City shall require mandatory developing of urban property to its reasonable maximum potential. Ken Gertz Tigard Planning Commission - Roll Call Hearing Date: Starting Time: 1:0 < fitk COMMISSIONERS: Jodie Inman (President) Tom Anderson Rex Cattail Margaret Doherty Z. Karen Fishel Stuart Hasman Matthew Muldoon Jeremy Vermilyea David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher i- 'Ron Bunch Cheryl Caines V John Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas 1/Darren Wyss Phil Nachbar Maxissa Daniels ck cky • • 2/7 Tigard Planning Commission 6\tAn Agenda Item # S. I Page of 3 Date of Hearing 1-+ t -02 Case Number(s) 0000 2, Case Name • , or - a• r\ Location If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: -0-atj4- 6 ,(-( Name: Address: t .711 4d` 1)A.Ci-e-- Address:76 IS SAWA City, State, Zip:17 ?7213 City, State, Zip:tokediin Ok 407 Name: 6e74-"E Address: 1 10 ..fo t--01--1=4 Address: / C r City, State, Zip: f\ 449 City, State, Zip: rce_c, 0C9f)=, ( Name. A Name: WOO D E/-1 AR- Address: qi ti-0 Ap,rbou.44)0:043 ou Address: City, State, Zip: Dc)(07-1,14.4, 4172,2 City, State, Zip: Name:,)//,,,10/42/1a-4C Name: Address87940 Address: City, State, Zip:/7- 64VA_ , City, State, Zip: Name: Name: Address: ((.4 rei SLA.) ) 6 200-A Address: City, State, Zip: 1/4-•(""\. .9 cr7 `77, City, State, Zip: . .• 0 • Fi Tigard Planning Commission _ Agenda Item # S. I Page of. 3 Date of Hearing 'Li Case Number(s) CPA'? -ono02__ Case Name CO d\&_ c--)\o cte cJc Location CAk-- bin\ If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: le as 7/1 6,-7 Name: Address: Address: City, State, Zip. City State Zip:4k_ iy Name: Name: 6/21-/G ito Address: (co 7.4 cf () City, State, Zip: _.nc City, State, Zip: 1-1 Z-V Name: cre ca 45, Name: Address: e,„ 131v. h/2_52, Addr, City, State, Zip: 8e,, q20(76 City, State, Zip: Name: Name: Address: 1Iiã 5 :VI, \Kc.),) City, State, Zip: s City, State, Zip: )-1D Name: scize, 2f2,„ Name: OLVD412 Address: IP/Do SO City, State, Zip: • XV068 City, State, Zip: "%■116$ • Tigard Planning Commission „ Agenda Item # . I Page of_3_ Date of Hearing 2-4 -a -01 Case Number(s) C 2-00'g — 0 0 Case Name C_b aVA-coAe--7\--"ceK_4\3 (-1.r‘Oat-eN CC--,S A-- Location C,c-OAs (As ■. If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: 7-0 Name: Address: t G 144-" Address: City, State, Zip: -TA eviA-11 ON- oil City, State, Zip: Name: ‘4 n) Name: Address:/9s-2 to a-161 je.„/„4.614/24/ Address: City, State, Zip: V-774,44,6 dx: 972 y City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: • City, State, Zip: City, State, Zip: • • 5 111 . City of Tigard TIGARD Memorandum To: Planning Commission From: John Floyd, Associate Planner Re: Supplemental Memorandum regarding Urban Forest Comprehensive Plan Amendment CPA2008-00002 Date: April 14, 2008 BACKGROUND On April 7th the Planning Commission opened a Public Hearing to consider CPA2008-00002 (Tigard's Urban Forest). Rather than take final action, the Planning Commission continued the item until April 21st to allow staff time to respond to comments and suggestions provided by the Commission. Recommended changes, as prepared by Staff, are below. For a full discussion of this item, please refer to the Staff Report presented to the Planning Commission on April 7, 2008. A copy of the packet material has been included for the your reference. REQUESTED CHANGES Requested language changes have been made to the proposed Comprehensive Plan Amendment, attached to this memorandum as Exhibit "A", and are summarized below for quick reference. Recommended deletions are indicated with a striketkreugh and new language bolded and underlined. Please note that policy numbers were changed between the March 17th workshop and the April 7th public hearing due to a reformatting of the document, the text remains the same unless identified by the markings discussed above. POLICIES AND ACTION MEASURES 2.2.1 The City shall maintain and periodically update policies, regulations and standards to inventory, manage, preserve, mitigate the loss of, and enhance the community's tree and vegetation resources to promote their environmental, aesthetic and economic benefits. Staff Commentag: Language was inserted to Jpecfically require the CO, to maintain and periodically update mitigation policies, regulations and standards as requested ly the Planning Commission. „. • • 2.2.2 The City's various codes, regulations, standards and programs relating to landscaping, site development, mitigation, and tree management shall be consistent with, and supportive of, one another; administration and enforcement shall be regulated and coordinated by the variously impacted departments. Staff Commentag: Language was inserted to specifically reference mitigation. 2.2.11. The City shall develop and implement a citywide Urban Forestry Management Master Plan. Staff Commentag: This language was removed from Polig 2.2.i and incorporated into a new Polig as requested by the Planning Commission. 2.2.i. Develop and implement a comprehensive, coordinated update and enhancement of all tree and its-seeiateel understory vegetation related regulations, standards, programs, and plans, including the development of a citywide Urban Forestry - - - ; - - - •- -- ; : - - - - - ; - - - • •; City action3 regarding the Urban Forc3t. Staff Commentag: This language was removed and incorporated into a new Polig as requested by the Planning Commission 2.3.1 The City shall require all development and non-development related tree removal to minimize impacts on existing tree cover, with priority given to native trees and non- native varietals that are long lived and/or provide a broad canopy spread before, during and after construction and subsequent occupancy; removal of trees shall be mitigated, with priority given to the preservation of existing trees over mitigation. Staff Commentag: For purposes of clarification, this language was removed from Polig 2.3.1 and incorporated into a new Polig as requested by the Planning Commission. 2.3.1a The City shall require mitigation that is proportional to the impact, with priority given to the preservation of existing trees over mitigation. Staff Commentag: For purposes of clarification, this language was removed from Polig 2.3.1 and incorporated into a new Polig as requested by the Planning Commission. 1110 • 2.3.2 Thc City shall protect majer require preservation, planting, and/or replacement of undcrstory vegetation associated with protected trees i3 protected in order to protect existing trees before, during, and after construction and occupancy; This protection a. Maintenance of soil health, plant communities, and hydrologic regimes necessary for the associated trees to thrive; b. Habitat for fish and wildlife; c. Water quality enhancement; and d. Soil and Erosion Control. The City shall, in order to protect trees during land development and subsquent occupancy, ensure the protection or installation of compatible understory vegetation. Staff Commentary: There was substantial debate at the April 7 hearing regarding the meaning and intent of this polig. Staff recommends the above language for it's clarity of meaning and purpose. 2.3.5 The City shall allow and encourage consideration of appropriate flexibility in site occur and where better tree cover and canopy will result, particularly for through the .-- • - - •- ; ••-.. ; - • -; . • - • ; - - ; - ; - deciduous varieties. The City shall, in order to preserve existing trees and ensure new trees will thrive, allow and encourage flexibility in site design through all aspects of development review. Staff Commentary: This polig was restructured by staff to accomplish two purposes. The first was to clearly state the purpose of the polig. The second is to broadly include flexible in all aspects of development review as the Planning Commission requested language ipect:fring the availability of such flexibility in both Type II and Type III procedures. DEFINITIONS Mitigation - A process, standard, compensatory action, or any other mechanism by which adverse impacts can be avoided, minimized, restored, or compensated at a level proportional to the impact. Staff Commentary: This language was added at the request of the Commission. It is broadly inclusive regarding means while better defining the intent. • • 40 Understory Vegetation — Any plants trees, shrubs or groundcover growing under a tree or forest canopy. Staff Commentag: The original and revised language is adapted from a broad spectrum of academic and scientific sources that generally demonstrate a consistent simplicio and broadness. As a result staff recommends a broadly inclusive definition or more direction from the Commission regarding their concerns or desired applicability. ERRATA Please note the presence of a typo on page 18 of the Staff Report for the April 7 hearing. On page 18 several responses to comments reference policies 2.2.1 and 2.3.3; this should in fact reference Draft Policies 2.2.1 and 2.3.1 instead. PUBLIC COMMENT Staff received an email from John Frewing on April 10, 2008 which both summarizes and supplements verbal comments made at the April 7 hearing. Excerpts of this email and staff responses are below: "1) make development of the Urban Forestry Master Plan (action measure 2.2i) a policy rather than an action measure" Staff Response: Exhibit "A"has been revised in a manner consistent with this comment. "2) provide a legislative basis for regulation of trees outside the development approval process (covered by policy 2.3.1, which I did not notice until later in the meeting)" Staff Response: Comment noted. "3) clarify the definition of'understory' vegetation to clearly include buffer areas around trees or tree groves where important for the protection of tree health and associated healthy soil conditions" Staff Response: Comment noted. Research by staff has found the term understog to generally refer to plants under tree canopy, and not around it. In addition, the area under a trees canopy is that part of the root zone most sensitive to change and as a result is most critically in need of protection. Areas beyond the understog will remain subject to review under landscape plans required in Draft Polig 2.3.6 "4) include in policy 2.2.1 a mandate to create overlay zones where important tree species or tree groves currently exist which should be more stringently preserved for the beneficial development of a heritage urban forest for Tigard" I 1111 Staff Response:Staff recommends against the inclusion of such specificity as many regulatog choices are available to the City, with no one particular method evaluated for its appropriateness to Tigard. "5) provide in policy 2.2.7 a legislative basis for broader uses of tree fines and mitigation funds to protect and develop our urban forest (an idea first put forth by Tony Tycer at most recent workshop between Tree Board and Planning Commission)" Staff Response: See response to comment#4 above. "6) extend policy 2.2.2 to include the concepts discussed in the City of Portland discussion draft regarding interdepartmental coordination of permitting actions necessary to protect trees." Staff Response: This request is generally satiOed through Polig 2.2.2 and staffs response to comment#4 above. These concepts are included in documents included in this packet as Attachment 3 to this Supplemental Memorandum. "a) Policy 2.3.2. Modify to read 'The City shall require preservation, planting, and/or replacement of understory vegetation when it is important to protecting nearby existing trees before, during and after construction and occupancy; priority shall be given to the preservation of native or existing understory vegetation that performs the following functions: . . . ' This wording ('when it is important to') provides some definition for the purpose and extent of understory protections." Staff Reiponse: Comment noted. Staff has provided alternative language for the Board's review, though encourages the Commission to consider the suggested language. "b) Action Measure 2.2.v. This action measure should be raised up to the importance of a policy. It is a key part of the Urban Forest Management Plan,which would be impossible without an inventory." Staff Response: Comment noted. Staff recommends against such JpeaficOr at the Polig level, with the scope of the Master Plan left to future deliberation 1g the Cig. "c) The word 'removals' should be replaced by the words 'permitted approvals'. Such an inventory simply provides in one place the already public record of tree removals, thereby not invading any person's privacy. This clarification need not include the number/name of each tree removed, but simply the Tigard permit number under which one or more trees are permitted to be removed." Staff Response: Comment noted. Should the Planning Commission wish to consider this alternative language, it would not change the underlying concern expressed by the Planning Commission on March 17th and April 7th as permit information is already public record. • "d) Action Measure 2.2.v. The prior comp plan included protection for 'timbered areas', which were shown on a comp plan map but never used in development approval processes. The current plan omits any reference to 'timbered areas' but should -- this inventory action measure is a good place to include this concept, perhaps as part of'the state of the City's urban forest'." Staff Response: The draft Goals and Policies in Exhibit 'A"do not conflict with existingpolig 3.4.2.b. "e) Policy 2.3.4 should remain as it stands. Questions were raised on April 7 as to whether this could be applied to single family residential development or whether street, sidewalk and building pad areas should be excluded. Concepts such as ecoroofs, permeable pavers, etc are among the design features which could reduce impacts in residential developments." staffReiponse: Comment noted "f) General processes. As a Type IV proceeding, it seems that 390.060A requires a pre- application conference, which I do not see in the record, which includes a number of Tree Board meetings. The procedural steps of 390.060 should all be followed as well as the general requirements of 390.080." StaffReiponse:A pre-application meeting was held on Februag 21, 2008 as required by the Development Code. Staff has made a good faith effort to comply with procedural steps outlined in 18.390.060 and 18.390.080. c`g) Consistency Review (page 12/19 in staff report). The existing comp plan at policy 3.4.2.b requires that development proposals in designated timbered or tree areas be reviewed through the planned development process to minimize the number of trees removed. The current proposed comp plan policies do not comply with these former provisions. The exact location of designated timbered or tree areas was shown on a map as part of the old comp plan, but new areas are not updated and identified. The new comp plan provisions should at least give the same protection as the old comp plan for the (fewer) remaining treed areas in Tigard." Staff Reiponse: The proposed Comprehensive Plan Goals, Policies, and Recommended Action Measures do not conflict with existing Comprehensive Plan Polig 3.4.2.b referenced above. "h) Consistency Review (page 12/19 in staff report). The existing comp plan at policy 3.4.2.c requires that cluster type development be used in areas having important wildlife habitat value. It is widely acknowledged (eg METRO Goal 5 materials) that treed areas are important for wildlife habitat. The proposed comp plan policies do not comply with the requirement for cluster type development in these treed areas. The new comp plan provisions should at least give the same protection as the old comp plan for the (fewer) remaining treed areas in Tigard." , Staff Reiponse: Please refer to staff reponse to comment r above. i) Consistency Review (page 12/19 in staff report). The existing comp plan at policy 3.4.2.a requires that trees and natural vegetation along natural drainage courses be maintained to the 'maximum extent possible'. The proposed comp plan policies do not comply with this requirement to maintain these trees and natural vegetation to the 'maximum extent possible.' In fact, some have suggested that the new comp plan should only require 'consideration' of saving such trees. "The new comp plan provisions should at least give the same protection of these trees as the old comp plan for the (fewer) remaining treed areas in Tigard." Staff Reiponse: The proposed language is consistent with existing polig 3.4.2 through Draft Polig 2.2.3 that supports existing regulations that enforce land use standards along natural drainage courses as required in the existing Comprehensive Plan, and Draft Polig 2.3.1 that requires all development and non- development related tree to removal to minimize impacts to tree cover. "j) Consistency Review (page 18/19 in staff report). Staff response to Frewing's first comment re the observed practice of thinning, and waiting the required year or two before removing all trees and then applying for development with no burden of preserving trees says that the legislative basis is in policy 2.2.1 and 2.3.3. Policy 2.2.1 simply says that Tigard regulations will be periodically reviewed/updated and 2.3.3 relates to hazard trees -- neither relates to the practice Frewing referenced and which has been widely seen and dealt with by other jurisdictions in the METRO area. The findings by staff are not based on any facts. A new policy should be added which clearly states that from the date of this comp plan amendment adoption, Tigard will not tolerate the use of specified time wait periods to avoid tree protection regulations at the time of development in the city." Staff Reiponse: Staff recommends against such specificity, as noted in previous staff roponses above. Additionally, this scenario would be prohibited under existing draft policies, if not specifically mentioned. As stated in the Staff Report prepared for the April 21g meeting, Policies 2.2.1 and 2.2.3 provide the legislative basis by which existing codes can be implemented and/or amended to prevent clearcutting prior to development. In addition, Polig 2.3.1 requires development related tree removal to minimize impacts on existing tree cover, while Policies 2.3.6 and 2.3.9 requires all developments to prepare and implement a tree preservation plan that must be reviewed and approved by a City employed arborists.. As a result of this polig, clearcutting would not be allowed until the property owner had demonstrated that tree removal had been minimized k) Consistency Review (page 18/19 in staff report). The same objection to staff response as noted in comment j above is made for the staff response for Frewing comment three (wording should provide basis for later development of regulations requiring alternative analyses). The findings by staff are not based on any facts and do not address the subject of the comment. , . 0' Staff Response: Comment noted. Staff recommends against such specificio, as noted in previous staff responses above and that existing policies such as 2.2.1 and 2.3.1 provide sufficient legislative basis should the City choose this regulatog option. It should be noted that to require the submission of multiple alternatives may be inconsistent with state law requiring the availability of clear and objective approval criteria, and as a result this implementation option should be carefully deliberated and crafted at the time of implementation. ATTACHMENT: EXHIBIT A: PROPOSED AMENDMENT TO THE TIGARD COMPREHENSIVE PLAN (REVISED APRIL 14, 2008) EXHIBIT B: WRITTEN MATERIAL SUBMITTED BY JOHN FREWING AT THE APRIL 7, 2008 PUBLIC HEARING (2 ISSUE PAPERS AND CITY OF PORTLAND MEMORANDUM OF APRIL 3, 2008) EXHIBIT C: WRITTEN COMMENTS SUBMITTED BY JOHN FREWING FOLLOWING THE APRIL 7 PUBLIC HEARING (APRIL 10,2008) • • EXHIBIT "A" Revised April 14, 2008 Comprehensive Plan Amendment: Tigard's Urban Forest Background Statement and Goals, Policies, and Action Measures Statewide Planning Goal 2: Community Design - Trees and Other Vegetation A defining community feature of Tigard is its trees and the urban forest they create. Unlike natural forests or managed timberland, Tigard's urban forest is a mosaic of native forest remnants and planted landscape elements interspersed with buildings, roads and other elements of the urban environment. The protection, management, and enhancement of this resource is important not only for Tigard's aesthetic identify and sense of place, but for the social, ecological, and economic services it provides to the community. Overview Trees and other types of vegetation are integral to the quality of Tigard's aesthetic, economic, and natural environments. Plants provide variation in color, texture,line and form that softens the hard geometry of the built environment. They also enhance the public and private realm through the provision of shade from the sun and wind, providing habitat for birds and wildlife, enhancing community attractiveness and investment, improving water quality and soil stability, and promoting human health and well-being. Tigard's trees and native plant communities have experienced significant disruption and displacement, first by agriculture and logging in the 19th century, and by increasingly dense urban development in the 20th Century. Competition from introduced invasive species such as English ivy, reed canary grass, and Himalayan blackberries has made it difficult for remaining native plant communities to thrive. However, remnant stands of native tree and associated plant communities still remain within the City Limits. Trees are important members and contributors to natural resource systems including upland habitat areas and plant communities, and functioning riparian corridors including the Tualatin River, Fanno Creek and its tributaries, and their adjacent flood plains and wetlands. In addition to remnants of the native forest, Tigard possesses a large number of mature and outstanding specimens of native and non-native trees planted when the area was rural country-side in the late 19th and early 20th centuries. Aerial photos demonstrate that increasingly more trees were planted on both public and private property during a period of large lot residential subdivision development from the late 1940's through the 1970's, many of which survive to this day. Community Values Community attitude surveys reveal that Tigard Citizens place high value on the protection of trees and are concerned about the impact of development upon existing tree resources. Community surveys conducted in 2004 and 2006 show that residents value their neighborhood as a suburban retreat, a place that allows for views of trees and other natural areas. The 2006 Community Attitudes Survey found "the protection of trees and natural resource areas" as rating the highest of all "livability" characteristics posed to the CP12008-0002 Tigard's Urban Forest Public I featinj;Date:April 2 2008 1 11, • EXHIBIT "A" respondents, scoring 8.4 out of 10 points. Preservation of trees and other natural resources scored higher on resident's livability index than neighborhood traffic (8.2), maintaining existing lot sizes (7.8), pedestrian and bike paths (7.7), and compatibility between existing and new development (7.6). A follow-up question contained in the 2007 survey revealed that 84% of Tigard Residents supported regulations to protect existing trees, with only 6% strongly disagreeing and 9% somewhat disagreeing. In addition, 90% of Tigard residents thought the City should take the lead in preserving open space. These values are also shared by residents of adjoining jurisdictions who maintain, or have begun significant updates to, their tree protection ordinances. Existing Tree Planting and Management Programs The City of Tigard has been a Tree City, USA since 2001 because of aggressive programs to plant trees on public property. In partnership with Clean Water Services, the City of Tigard is in the early stages of a series of stream restoration and enhancement projects intended to improve water quality, reduce erosion, and provide shade, structure and food sources to fish and other wildlife. Projects currently underway within the City's floodplains and riparian areas will result in the planting of approximately 100,000 native trees over a 10 year period (Fiscal Years 2001-2011). Through volunteer projects, cooperative efforts with non-profits, contract services, and the labor of Public Works crews, thousands of young trees are annually planted on public property. Not including restoration projects, the City's Public Works Department annually plants approximately 250 new or replacement trees on public lands, distributes approximately 50 street trees each year to private property owners through the Street Tree Program, and plants an addition 25 trees in celebration of arbor day. Native species are given preference and are regularly planted along trails, riparian areas, and in new park and green space areas. The objective is to increase the total number of trees, particularly in areas where summer shade is desired such as picnic areas and next to sidewalks. Money is budgeted each year to maintain new trees being established and to remove hazard trees located on public property. As more public property is added and trees grow older, the number of hazard trees pruned or removed each year will continue to grow. The level of new tree planting is limited by the maintenance capacity of City work crews. Existing Regulatory Environment Conditions and circumstances have significantly changed since the adoption of Tigard's Comprehensive Plan in 1983. Rapid urban development has resulted in a general perception that the City has experienced a significant loss of tree canopy, and other vegetation essential for wildlife habitat, erosion control, slope stability, water quality, air-quality, and community aesthetics. Driving this perception are METRO land use regulations, failed annexation efforts and changing market conditions resulting in higher density development than was anticipated in 1983, further challenging the City to protect trees and canopy cover while accommodating new development. Additionally, the City does not currently have a comprehensive tree management and urban forest enhancement program to address these issues in a unified and consistent manner. As a result there is general feeling among residents, developers, and other stakeholders that the existing regulatory structure is not adequate and hinders both the strategic protection of trees and the orderly urbanization of the City. CP/12008-0002 Tiganr.t. t_W2all I7orest Pub 1 leatin); Dale: ,.:ipni 21, 2008 2 . - • 410 EXHIBIT "A" The City has historically relied upon its Development Code to manage and protect trees on private property, particularly heritage trees and those located within steep slopes, wetlands, and other sensitive lands. Existing regulations require new development to protect and/or replace existing trees wherever possible, to pay into a mitigation fund when trees are removed, and to plant new street trees and landscape trees as part of all new construction. In addition, trees within vegetated corridors surrounding wetlands, riparian corridors, and other natural bodies of water are also protected by Clean Water Services as part of their stormwater management program. These regulatory structures do not recognize or protect existing trees outside of those areas, and offer little protection unless a development action is pending, or prior conditions of development approval designated the affected tree(s) for future protection. As a result, the existing regulatory structure does not encompass a significant number of trees across the city, which may be removed by the property owner without City consultation or permit. Additionally, because the City does not have a comprehensive tree removal consultation or permit system, protected trees (such as street trees) have been removed despite existing regulations or restrictions in force. .- " a -- , " " ""•• - : - :a" : •': - : - • - aa - - - : ": - •- - .-• - •- - a — , - - - --.• - a • - - • : - -, :a: ; - -;-• - :- • - a : -- - - ; :'; .; - - - -•• - ' " etiltaftc-effiefit-rtregrafris, KEY FINDINGS • A defining community feature is Tigard's urban forest, a mosaic of native forest remnants and planted landscape elements interspersed throughout the City. • This urban forest provides social, economic, and ecological services that create public and private value to residents,businesses, and visitors. • Mature and well-managed trees provide the maximum public benefits. • The City continues to allocate staff and resources to tree planting, tree maintenance, and outreach activities. Additionally, new development is required to install street trees,landscape trees, and trees for mitigation purposes. • The existing urban forest continues to experience significant disruption and displacement through the conversion of land to more intense urban land uses and competition from invasive species. • Existing tree regulations are dispersed throughout the code; applied by multiple divisions in a non-unified and inconsistent manner; and sometimes conflicting between different code sections. • The City does not presently have a comprehensive and unified process to monitor tree removal and enforce existing tree protections outside of development permit review. Furthermore, landowners are not always aware of regulatory protections applicable to their property or street trees adjacent to their property. • Community attitude surveys reveal that Tigard residents place high value on the protection of trees within the community, that they are concerned about the impact of development upon existing tree resources, and are strongly in favor of a regulatory structure that would protect additional trees. 03_42008-0002 Tigard's Urban Forest Public I lean* Date: Apr1121, 2008 3 411 • . EXHIBIT "A" GOAL 2.2: To enlarge, improve and sustain a diverse urban forest to maximize the economic, ecological, and social benefits of trees and fraseeiateel understory vegetation. POLICIES 1. The City shall maintain and periodically update policies, regulations and standards to inventory, manage, preserve, mitigate the loss of and enhance the community's tree and vegetation resources to promote their environmental, aesthetic and economic benefits. 2. The City's various codes, regulations, standards and programs relating to landscaping, site development, mitigation, and tree management shall be consistent with, and supportive of, one another; administration and enforcement shall be regulated and coordinated by the variously impacted departments. 5, 3. The City shall continue to regulate the removal of trees, within environmentally sensitive lands and on lands subject to natural hazards. 8, 4. The City shall ensure that street design and land use standards provide ample room for the planting of trees and other vegetation, including the use of flexible and incentive based development standards. 44 5. The City shall require the replacement and/or installation of new street trees, unless demonstrated infeasible, on all new roads or road enhancement projects. Trees should be planted within planter strips, or at the back of sidewalks if planter strips are not feasible or would prohibit the preservation of existing trees. 4-1 6. The City shall establish and enforce regulations to protect the public's investment in trees and vegetation located in parks, within right-of-ways, and on other public lands and easements. 44, 7. The City shall conduct an ongoing tree and urban forest enhancement program to improve the aesthetic experience, environmental quality, and economic value of Tigard's streets and neighborhoods. 4-5, 8. The City shall continue to maintain and periodically update approved tree lists for specific applications and site conditions, such as street trees, parking lot trees, and trees for wetland and riparian areas. 4-6, 9. When possible and appropriate,the City shall prohibit the use or retention of invasive trees and other plants through the development review process. CR42008-0002 Tiganl's Urban Foresi Public I leariltt; Date: Alm./21, 2008 4 . . • EXHIBIT "A" The Tree Board recommended the following language change as preferable to staff's recommendation above. The City shall prohibit discourage the use or retention of invasive trees and other plants through the development review process. 4-87 10.The City shall require, as appropriate, the use of trees and other vegetation as buffering and screening between incompatible uses. 11. The City shall develop and implement a citywide Urban Forestry Management Master Plan. RECOMMENDED ACTION MEASURES Develop and implement a comprehensive, coordinated update and enhancement of all tree and associated understory vegetation related regulations, standards, programs, and plans, including the development of a citywide Urban Forestry Management Master Plan that will establish Forest. Develop and implement an inspection and enforcement program that will ensure ongoing maintenance of trees and other vegetation required by development approval, with particular attention to challenges introduced by the change of ownership of affected properties. Develop and implement an inspection and enforcement program that will ensure non-development related tree management and removal complies with the City's tree protection ordinances such as heritage trees, street trees, and trees on sensitive lands. iv. Inventory and evaluate street tree, parking lot and landscape area plantings that have failed to thrive, and determine if 3trcet site conditions or management practices can be modified, and/or if trees can be planted elsewhere in the right of way, or on private property in order to satisfy conditions of development approval or provide the benefits expected of the original planting.. Develop and maintain, as part of the City's GIS and permit systems, a publicly accessible inventory of tree plantings, removals, and the state of the City's urban forest. vi. Develop and distribute educational materials and programs regarding City policies, regulations, and good arboricultural practices for the general public, developers and city staff regarding tree planting, maintenance, and protection. CP/12008-0002 Tigard's Urban Forest Pub&11 earinsDate: 21, 2008 5 • . EXHIBIT "A" Materials should be published in both paper and electronic media and in multiple languages. Particular focus should be given to new property owners who may be unfamiliar with the City's regulations and development related restrictions affecting their property. iii vii.Encourage and promote the removal of nuisance/invasive plants, and the installation of trees and vegetation that are low maintenance, drought tolerant, site appropriate, and require minimal chemical applications. Strategies could include the production and distribution of approved tree lists to area nurseries, landscaping companies, libraries and similar businesses and public resources. xii viii.Utilize approved tree and plant lists that emphasize long lived evergreens, broad-spreading deciduous varieties, and native species, but allow flexibility to choose a wide variety of species that are proven suitable for local climate conditions and for specific uses and locations. iii ix. Encourage efforts by community groups and neighborhoods to plant trees and undertake other projects, such as restoration of wetlands and stream corridors. xiv. x. Maintain a list of invasive plants, discourage the sale and propagation of these plant materials within the City, promote their removal, and prevent their reestablishment or expansion. GOAL 2.3: To balance the diverse and changing needs of the City through well- designed urban development that minimizes the loss of existing trees and associated understory vegetation, and to creates a living legacy for future generations. POLICIES 3, 1. The City shall require all development and non-development related tree removal to minimize impacts on existing tree cover, with priority given to native trees and non-native v. arietals that are long lived and/or provide a broad canopy spread before, during and after construction and subsequent occupancy; removal of trees shall be mitigated, with priority given to the preservation of existing trees over mitigation. la. The City shall require mitigation that is proportional to the impact,with priority given to the preservation of existing trees over mitigation. 4, 2. The City shall protect major require preservation, planting, and/or replacement of undcrstory vegetation a3sociate€1 with protected trees is protected in order to protect existing trees before, during, and after construction and occupancy; Thi3 protection shall occur in such a manner that CP,12008-0002 "1- ar1'.%. Urban Forest Public I I earing Dale: 2008 6 • . • EXHIBIT "A" the following functions shall be preserved: priority shall be given to the preservation of native or existing tinders-tory vegetation that performs the following functions: . 6 - - - - - - - , - --.-- • -: - - - • a• - -- necessary for the associated trees to thrive; b. Habitat for fish and wildlife; c. Water quality enhancement; and d. Soil and Erosion Control. The City shall, in order to protect trees during land development and subsquent occupancy, ensure the protection or installation of compatible understory vegetation. 6, 3. The City shall address public safety concerns by ensuring ways to prevent and resolve verified tree related hazards in a timely manner. 7, 4. The City shall require and enforce the mitigation of the aesthetic and environmental impacts of impervious surfaces such as paved areas and rooftops through the use of trees and other vegetation. The City shall require and enforce site design and landscape requirements to reduce the aesthetic and environmental impacts of impervious surfaces through the use of trees and other vegetation. 9, 5. The City shall allow and encourage consideration of appropriate flexibility in site design to allow tree preservation and planting in areas where survival will more likely occur and where better trcc cover and canopy will result, particularly for through the usc of trees that will grow large, including long The City shall, in order to preserve existing trees and ensure new trees will thrive, allow and encourage flexibility in site design through all aspects of development review. 4-07 6. The City shall require all development, including City projects, to prepare and implement a tree preservation and landscaping plan, with the chosen trees and other plant materials appropriate for site conditions. 44 7. The City shall continue to cooperate with property owners, businesses, other jurisdictions, agencies, utilities, and non-governmental entities to manage and preserve street trees, wetlands, stream corridors, riparian areas, tree groves, specimen and heritage trees, and other vegetation. 4-7, 8. The City shall require, as appropriate, tree preservation strategies that prioritize the retention of trees in cohesive and viable stands and groves instead of isolated specimens. CP42008-0002 Tigard's Urban Fore.si Public I learinx Dale:April 21, 2008 7 • • . EXHIBIT "A" 4-9,-9. Applications for tree removal and tree management plans shall be reviewed by a certified arborist employed or under contract to the City. RECOMMENDED ACTION MEASURES Develop and implement regulations, standards, and incentives to encourage developers to transfer density, seek variances and adjustments necessary to preserve trees and natural open space in a manner that exceeds the requirements of the Development Code. ii. Develop tree-mitigation regulations and standards to guide the City in assessing fees or compelling compensatory action resulting from violation of its tree protection standards and/or conditions of development approval. Consideration shall be given to off-site mitigation on both public and private lands, and the maintenance of a publicly accessible registry of mitigation sites both historical and potential. iii. Conduct surveys, workshops, and/or other public outreach strategies to identify and implement an appropriate strategy and form for tree protection regulations outside of the development review process. iv. Encourage other jurisdictions operating within and adjacent to Tigard to prepare and implement a tree preservation and landscaping plan as part of all development and infrastructure projects. Draft Comprehensive Plan Definitions Hazardous Tree - a tree that is dead, declining, cracked, split, leaning, structurally unsound, suffering from infestation or infection, or otherwise physically damaged or impaired to the degree that it is clear the tree is likely to fall and injure persons or property and where pruning or other treatments will not significantly alleviate the hazard. Invasive Species - Plants, animals, and microbes not native to a region, which when introduced either accidentally or intentionally, out-compete native species for available resources, reproduce prolifically, and dominate regions and ecosystems. Because they often arrive in new areas unaccompanied by their native predators, they can be difficult to control. Left unchecked, many have the potential to transform entire ecosystems, as native species and those that depend on them for food, shelter, and habitat disappear. Mitigation - A process, standard, compensatory action, or any other mechanism by which adverse impacts can be avoided, minimized, restored, or compensated at a level proportional to the impact. CP/12008-0002 Tigard's Urban Forest Publie flearing Date: 21, 2008 8 • • EXHIBIT "A" Understory Vegetation — Any plants trees, shrubs or groundcover growing under a tree or forest canopy. Urban Forest - Broadly defined as all the trees within the City collectively. Urban Forest, Diverse - An urban forest that contains a variety and abundance of differing composition, structure, and function. Diversity in composition means variation in species, genetics, abundance and age. Diversity in structure means variation and abundance of vertical and horizontal arrangement, heterogeneity, forest density, micro-climates, and visual quality. Diversity in function means variation and abundance of ecological services, stages of succession, and value as green infrastructure. CP.-12008-0002 rign-ers Urban Forest Public I learinj;Date:April 21. 2008 9 • Citywide Tree Project A Policy Review and Regulatory Improvement Issue Paper %61%1I EXHIBIT B Trees, Utilities, and Infrastructure ISSUE SUMMARY The placement, installation, and maintenance of new or upgraded utility and infrastructure facilities often occurs without sufficient regard to the location of existing trees. These activities can potentially damage and destroy trees. In addition, trees are sometimes planted too close to existing utility and infrastructure facilities which can result in root or branch encroachment. Such damage could require removal of the tree and/or utility in the future. BACKGROUND New development requires installation of utilities and infrastructure facilities. Besides traditional elements such as electric and telephone lines, water and sewer pipes, sidewalks and pavement, room must be found for newer elements such as bike lanes, stormwater swales and cable. Due to the limited space available, it may not be feasible to preserve trees. In addition, utilities can be installed too close to trees that are supposed to be preserved. Repairing or retrofitting infrastructure and utilities in existing neighborhoods can harm trees. Installation or expansion of utilities and rights-of-ways for inf ill development also has the potential to affect trees. Road or sidewalk widening, stormwater swale construction, replacement of water mains and clogged sewers can damage tree roots or lead to tree removal. As trees grow, they can pose a risk to adjacent utilities and a cost to the city and private property owners. At the same time, larger trees become more valuable as they provide greater stormwater and other environmental functions. Tree root growth and the ultimate maximum tree height are not always considered before new trees are installed in the right-of-way or on private property. Branches can entangle overhead power lines and roots can enter and/or break sewer pipes. Growing roots can buckle sidewalks and roadways. The ongoing clean-up of leaves, fruit and nuts become responsibilities for the Bureau of Maintenance and the adjacent property owners. The aesthetic values and environmental services that trees provide increase dramatically with size, as do potential conflicts with existing or planned infrastructure and utilities. Finally, a lack of coordination during development review can exacerbate the conflicts between trees and utility and infrastructure installation, maintenance and improvement. This lack of coordination is examined in the Issue Paper entitled Coordinating Plan Review of Public/Private Infrastructure. DISCUSSION The next section of this paper explores a number of situations where conflicts between trees, utilities, and infrastructure facilities can occur. Trees and Existing Infrastructure Improvements Improvements to existing right-of-ways can result in removal of trees or construction-related damage if utility and street work are not coordinated properly. A number of bureaus work in the right-of-way and each issues its own permit. Therefore several different contractors may be working around a tree at the same time, but each is subject to different requirements. Utility work on private property does not typically address tree protection. One common scenario is the need for incremental improvements in established neighborhoods with substandard streets. New development and land divisions are the primary opportunity for .. • • , the city to obtain frontage improvements. These frontage improvements can include sidewalks, curbs, stormwater systems and planting strips. Upgrading streets to meet current standards for frontage improvements often takes precedence over retaining trees. In some instances, however, the Portland Office of Transportation (PDOT) has allowed alternative materials or construction techniques to avoid damage to significant trees. _ 1 . 4 I 1 , * •. - I ',.....-----...s.,.'r I:,■-•-,---,?.... I 1-- - ' .. -------- ,-. . ' II I I ' .. , i - ■ a; It, 1 Di in . . _ , I . ..,....„--....- ,..,-„,:._ . • , . , ,_ _ _ ,., ,.. . k t ,,r. .. 1 .4 TV: . •"-1--44:1.... # I ; • ., , . . - . # .,- •.4444 ' - -,,, ,----77-- --.. ,7--i-L-- , I'- t- ' i la 1 ' - 1 •----------T sT' - . v• -1 ' 1' il'ai. , —, ' • ' ... 1 "' ..1A14.7 '41'4'.''II; I ''''''17 - :a ‘,/ .,71 ' 110":. ` ' ettPi.': 1. '1 i. 1 - . 1 ; ...t r. P. I , 0•• 1 u- — 1 --- ' fir H „ Om 4 1 - ' t , . 1 - . , —`iii; .. Figure 1: Aerial view of SE Schiller-an unimproved roadway with extensive tree canopy giving way to an improved right-of-way without trees. As inf ill development continues, it becomes more challenging to meet utility and infrastructure requirements while simultaneously protecting existing trees. This is, in part, due to the limited space available for the new infrastructure. Figures 1 and 2 show an example on SE Schiller where new development has resulted in a widened roadway, with sidewalks, planter strip and driveways. The continuation of these improvements onto adjacent properties will require substantial additional tree removal. It is worth noting that even though the land division review process does not address off-site trees, PDOT's permitting process does require that trees within 15 feet of the right of way to be identified on the plans, but not necessarily preserved. `..", 1 OD , r-a 4. 4. Illr * .00 • ' -I- - r _ ..; . , . .. . .. V. kf I' . . • , . _ ,..., ., P .... 0.: .....- ..., .. ;-- - -;. . •, • . . . . -.. , .......iimem." .." alliborz, "'"- -o- Schiller St E - ' .... .:44%•.164,414, ''' ' - _ ■•14....".74.0t4,1.. '..:'':. ` ' = , 2 Trees, Utilities and Infrastructure 4/3/08 • Figure 2: SE Schiller looking east towards the unimproved section with a number of trees adjacent to the roadway that will likely be removed as the properties are developed due to street frontage improvements and the installation of utilities. Street Trees and Sidewalks Street trees planted in the public right-of-way are regulated by the Urban Forester in coordination with PDOT. Maintenance costs, however, are borne by the adjacent property owner who must obtain permits to plant, trim or remove a street tree. Where street improvements and maintenance projects require the removal of tree branches to allow access for road construction equipment, the adjacent land owner is responsible for the costs of the actual pruning work. If a public sidewalk is affected by roots from a tree, then a PDOT sidewalk inspector will require the homeowner to repair the sidewalk. Unless the Portland Parks - Urban Forester requires additional measures to protect street trees, roots may be cut and the new sidewalk repaired without tree preservation in mind. If the Urban Forester limits root cutting, the sidewalk will need to be formed around it. In some cases, changes in sidewalk or driveway design (such as width, location, or alternate , use of materials) may occur if the Urban Forester does not allow the tree roots • to be cut. The roots from trees on private property that cause buckling or other - damage to public right-of-way features may be cut and removed without consulting the Urban Forester.' Trees and Overhead Utilities Large trees near power lines can cause problems as falling limbs are the primary cause of power outages. PGE operates its own extensive tree- maintenance program2 that contracts with tree crews to prune trees along -- power line rights-of-way every three years or as required by state mandate. PGE's crews examine trees on a block-by-block basis and look for trees or limbs that could fail and hit a power line3. Their crews will work on any tree that poses a possible threat to power lines. Usually, these are trees that are planted directly below the lines in a public planting strip, but can also include private trees that overhang the right-of-way. PGE's practice is not to top a tree; instead PGE prunes out a U-section in the middle of the tree to provide clearance for lines. This practice is a type of selective crown reduction. This represents an emerging trend in powerline clearing maintenance from years past, when harmful effects of topping trees was not yet known. Trees and Sewer& Water Systems The Water Bureau and Bureau of Environmental Services (B ES) each has a number of facilities that can be affected by .■ -tree roots roots. The majority of these are sewers and mains „le t located in public rights-of-way. Tree roots can enter sewage - -• - . _• lines and crack or break the pipes causing water to flow into ' the pipe, decreasing its capacity. Sewage can flow out of . - 1- b' damaged pipes into the soil which can create health - t • problems. Additionally, tree roots can block sewer lines — causing a backup. Most tree root problems in sewer mains :24.20 C70: TO Ca. 7 • if ' There is a gap between Forestry and Development Services on the status of trees that straddle a property line between a parcel and the street. Development Services considers a tree in the right-of-way if any part of the trunk is on the property line,while Forestry looks at the likely placement at time of planting. The result is that trees that have grown into the Right-of-Way are not subject to review by Development Services, and Forestry continues to consider them as private trees. 2 Title 20.40.080.E authorizes the Forester to contract with utilities to prune trees that interfere with any component of the utility system. Notification of the owner can be waived at the discretion of the Forester. 3 PGE's website provide information to the public on tree pruning, utility safety and their own tree maintenance operations. They also provide a list of trees suitable to different planter strip placements. 3 Trees, Utilities and Infrastructure 4/3/08 are discovered during routine video taping of sewer lines. But problems can occur quickly and are not limited to old pipes. Sewers constructed in the mid to late1990's are beginning to experience root intrusion. The city addresses roots in city sewer mains and the public portion of service laterals. Private property owners are responsible for lateral sewer pipes on private property. In Portland, approximately 8,000 sewer mains or 2 million linear feet of public sewer lines have some degree of root damage'. Damage from tree roots also affects water pressure in public mains and can affect fire service. In these situations, the trees are generally removed. However, in some cases the roots that are causing the problem could potentially be removed without removing the tree. When permits are obtained to install or repair sewer and water pipes on private or public property, there is no requirement for a site plan that identifies adjacent trees. A number of historic water conduits, such as pipes from Bull Run, cross private lands which have easements to restrict development or tree planting that might interfere with pipes and their maintenance. Similarly, sewer laterals that connect buildings to sewer mains in streets are often placed in easements that serve a similar purpose. Enforcing these easements is problematic because pipes and their easements are often not shown on maps in the Development Services Center and most owners are not aware of the location of utility lines on their property. Since no permit is required to plant a tree, there often is no process to check whether trees are placed above utilities. Trees and Storm water Facilities The City of Portland's approach to stormwater management emphasizes the use of vegetated surface facilities to treat and infiltrate stormwater on the property where the stormwater runoff is created5. Managing stormwater onsite is required of all new and redevelopment as specified in the Stormwater Management Manual developed by the Bureau of Environmental Services (BES)6. These stormwater facilities are intended to reduce demand on combined sanitary-storm and separated storm sewer systems, promote on-site infiltration of stormwater and reduce polluted runoff as development occurs. Because the right-of-way may need to be expanded to accommodate stormwater facilities,trees are sometimes removed. Ironically, the facilities are designed to provide similar environmental services to those that mature trees already provide. Site planning on private property does not always take into account conditions in the right-of- way or adjacent properties. Trees on adjacent parcels or on the property line are not included in site plans or subject to tree preservation requirements of that development. Stormwater facilities on private property may be placed without regard to trees on adjacent property. For example, a large swale for a private street might be dug into the roots of neighboring tree that is not part of the development. Designed to detain and store stormwater, the swale will be inundated with each rain and may subject an adjacent tree's roots to long periods of heavy soil saturation that may not be appropriate for the species and may contribute to tree windfall. Conversely, swale and stormwater planter landscaping designed without considering proximity to neighboring trees may be adversely affected by shading, leaf litter, etc. 4 Each year, approximately 250,000 linear feet of high and medium priority sewer lines are treated by the City at a cost of approximately$230,000. 5 The Bureau of Environmental Services has also established an administrative rule to protect surface features that convey water across private property outside of existing Environmental Overlay Zones. A thirty foot no disturbance'buffer called a'drainage reserve' is placed across drainage ways through the development review process. The rules offer some protection for existing trees in this'reserve' area, although tree preservation is not the primary intent of the administrative rule. 6 Infiltrating stormwater onsite with landscaped facilities meets a number of stormwater requirements, including pollution reduction, volume and peak flow reduction, and groundwater recharge. Landscaped facilities also improve air quality, reduce heat island affect, add visual appeal to neighborhoods that can increase property values, as well as provide valuable urban wildlife habitat. 4 Trees, Utilities and Infrastructure 4/3/08 • As stormwater facilities are installed on both public and private streets, they require monitoring and maintenance to perform effectively. For public streets, the contractor provides a two year "establishment period"during which they are required to monitor and maintain the facilities they construct. After the establishment period, BES monitors and maintains the facilities. Trees planted in a facility are monitored to ensure they are thriving. Private stormwater facilities are supposed to be managed by adjacent land owners via maintenance agreements that run with the land, however, it is not clear how this is being enforced. The increasing number of stormwater facilities has made it difficult to tell if stormwater facilities for either private or public streets are being monitored as frequently as originally intended. Trees and New Subdivisions Mature trees can be adversely affected by road building, sidewalks, driveways, public and private utility installation and stormwater facilities in new subdivisions. The City processes only a few new large subdivision applications (10+ lots) each year;the majority of land division applications are for 2-10 new lots. It can be challenging for developers to meet requirements for utilities, infrastructure, and tree preservation on the smaller sites. Due to the site constraints associated with smaller partitions, the tree mitigation option is frequently requested because standard tree preservation requirements typically reduce the area available for development and routing of roads and utilities. In addition,the site design process and land division review primarily focus on the area within the development site alone. As a result, proposed infrastructure improvements are generally located without regard to possible effects to trees on neighboring properties. For example, on narrow long parcels, a private street, including a required sidewalk and stormwater swale, is often placed at the edge of the site. Although this construction can harm trees on adjacent parcels or on the property line, these trees are not subject to tree preservation requirements and are not typically shown on site plans. The construction damage to trees that straddle property lines is a frequent cause of disputes between neighbors. During the final step in residential development, new plantings (including trees), are installed to vegetate stormwater facilities and to meet City landscaping requirements. There is not sufficient review or inspection by City staff with expertise in landscaping or arboriculture to verify those trees and other plantings are placed properly. Problems can also result when soils, sunlight availability, and other conditions are not suited to the selected species of tree. Trees placed above, below or next to vulnerable utilities and infrastructure can result in future conflicts. POTENTIAL SOLUTION CONCEPTS The following criteria are intended to guide the design and evaluation of potential solution concepts. Criteria for Solutions: • Encourage preservation of existing trees in development and redevelopment • Optimize placement and minimize conflicts between trees, , ' - utilities and infrastructure facilities. • Increase the area and health of the urban canopy • Foster proper maintenance of trees and utilities • Foster proper installation of trees and utilities The following is an initial list of potential solutions to address the issues described above. The intent of this section is to examine a range of possible solutions to help inform -- discussion and the development of staff recommendations and future decisions. 5 Trees, Utilities and Infrastructure 4/3/08 , • • 1. RECOGNIZE AND MANAGE TREES AS INFRASTRUCTURE The City could adopt clear policies and regulations establishing the role of trees as infrastructure to be planned and managed on a"level playing field"with other infrastructure and utility facilities. The City could also consider capitalizing the installation of street trees and/or establish programs to maintain street trees as public assets. This is listed as an item to be considered in the Urban Forestry Action Plan. Pros: • This would explicitly recognize the social and ecological functions of trees within the equation of utility and infrastructure design and replacement. • This would shift the decision making process around designing utilities to consider trees • This could potentially reduce the responsibility of private property owners to maintain street trees, fix sidewalks, etc. and could increase public interest in having more trees in their neighborhoods. • This would provide a more equitable solution for tree trimming work required for other public infrastructure needs. • This could potentially provide greater public oversight of street tree management. • In conjunction with other potential solution concepts identified, could help achieve Urban Forestry canopy targets. Cons: • Would require significant funding and staffing. • Will need to evaluate liability issues 2. REQUIRE INFRASTRUCTURE PERMITS TO ADDRESS TREES Require site plans that show the location of trees within a certain distance of the proposed work for all utility permits. Establish provisions to prevent conflicts between proposed utilities and infrastructure facilities, and trees/tree roots. Pros: • This would ensure that trees are identified on plans and are considered as part of a utility or infrastructure permit. • In conjunction with other potential solution concepts identified, could help achieve Urban Forestry canopy targets and other desired outcomes. Cons: • Addressing trees during utility permitting could add time, cost, or possibly hamper the utility work. • Utility work permits on private land are issued over-the-counter. A site plan (with or without trees) is not required, nor is there a review by Planning & Zoning that apply conditions of approval or a Tree Protection Plan. • Inspections are a current problem —who would be responsible? 3. INCLUDE OFF-SITE TREES ON PLANS Require site plans submitted for all infrastructure designs to also include off-site trees up to a certain distance. Establish provisions to prevent conflicts between proposed utilities and infrastructure facilities, and neighboring trees. Pros: • This would require consideration of the effects of placing utilities and stormwater facilities in close proximity to neighboring trees. 6 Trees, Utilities and Infrastructure 4/3/08 • • • This would help address cumulative impacts by addressing trees on adjacent sites. • In conjunction with other potential solution concepts, could help achieve Urban Forestry canopy targets. • Would reduce ambiguity in the current regulations pertaining to trees on or near property lines. • Recognize trees as an organic feature that is not limited by parcel boundaries and that construction impacts can affect trees on other properties. Cons: • Access to adjacent parcels to survey tree locations and assess health is not always available. 4. ENHANCE REVIEWS OF LANDSCAPE PLANS Assign an internal landscape architect or arborist to review landscape and stormwater facility landscaping plans and conduct field inspections to capture 3-dimensional features and development elements (retaining walls, grade changes, slopes, footings, etc.). Pros: • This would focus additional expertise on putting the right tree in the right place ... • In conjunction with other potential solution concepts identified, could help achieve Urban Forestry canopy targets • This would verify that trees and plants are installed properly—providing the greatest chance of survival. Cons: • Could potentially increase the timeline of review • • Additional costs for a new position • Quantity of work may not be manageable 5. EDUCATE PROPERTY OWNERS AND DEVELOPMENT COMMUNITY Educate property owners and the development community regarding proper species and planting locations, tree maintenance and removal procedures. An education program that addresses landscaping design and utilities for property owners, builders, contractors and landscapers might help reduce conflicts associated with new developments and activities in existing neighborhoods. Nurseries, utility companies, and neighborhood tree liaisons could participate in the development and distribution of information and trainings. Community groups could also monitor tree infrastructure, either through a data gathering program or an adopt-a-tree program. Pros: • The dissemination of information about trees, infrastructure and utilities would help prevent conflicts and promote successful mitigation of existing problems. • In conjunction with other potential solution concepts, could help achieve Urban Forestry canopy targets Cons: • Making information available does not guarantee that it is used. • Additional public cost to fund and implement this program • Success is dependent on the quality of information and would need sufficient oversight. • 7 Trees, Utilities and Infrastructure 4/3/08 • 6. PROVIDE UTILITY INFORMATION ON TREE PLANTING PERMITS When obtaining a permit to plant a street tree, include information about the height of power lines and the location of water and sewer lines on the property, and direct the property owner to avoid planting in those areas. Also include a list of acceptable trees based on planter strip width, presence of overhead lines, etc. Pros: • Coordinating street tree placement with existing utilities would help to reduce future conflicts. • In conjunction with other potential solution concepts identified, could help achieve Urban Forestry canopy targets Cons: • The location of laterals is uncertain on many properties in the City. 7. CALL BEFORE YOU PLANT Publicize the Call 811 program (http://www.digsafelyoregon.com/) for utility locates before planting trees especially in the public rights of way. Portland Maps does provide some information on utility location, but is not always accurate or precise. Pros: • Coordinating new tree planting with existing utilities would help to reduce future conflicts. • In conjunction with other potential solution concepts identified, could help achieve Urban Forestry canopy targets Cons: • Most tree planting on private property does not currently require a permit which might reduce participation in such a program. • Accuracy of known locations may not be sufficient to make informed tree location choices. 8. PREVENTIVE MAINTENANCE FOR SEWER AND WATER PIPES For new construction or when a sewer or water pipe is exposed, require the joints between the lateral and the main to be sealed or wrapped in a material that protects against root intrusion. Pros: • The up-front investment can reduce maintenance costs in the future. Cons: • Recapturing costs—who pays? • Would need to check for conflicts with the plumbing code. • Uncertain if the long term performance of these methods has been tested. 9. ENHANCE STORM WATER FACILITY MAINTENANCE AND COMPLIANCE PROGRAM Create a BES inspection and compliance program for stormwater facilities in order to ensure private stormwater facilities are effectively maintained, and to improve routine inspections of increasing number of public and private stormwater facilities in the city Pros: • The long-term performance of these facilities is dependent on oversight and education of both the public and City bureaus. 8 Trees, Utilities and Infrastructure 4/3/08 O • Cons: • Cost for additional staff and associated inspection/enforcement resources. 10. COORDINATE RIGHT-OF-WAY PERMITTING Designate a single permitting body to coordinate work within or adjacent to public rights-of- way. Pros: • This would allow work plans to be checked against best practices for tree preservation and avoid successive utility work in the same location. • Would prevent conflicts and inadvertent violations in the field. • In conjunction with other potential solution concepts identified, could help achieve Urban Forestry canopy targets Cons: • Agencies that currently issue their own permit would have to take additional time to coordinate with other bureaus before conducting their work. • Specialized knowledge within each bureau makes consolidating functions difficult. Questions: 1. Do other utility companies have authority similar to that of PGE? 2. How does Urban Forestry respond to permit applications to remove private trees (subject to Title 20) if it is argued that they are buckling a sidewalk or infiltrating sewer lines? 3. What clearance around tree branches is necessary to protect power lines? 4. Does Forestry currently consider utility placement in recommendations for street trees? 9 Trees, Utilities and Infrastructure 4/3/08 • 0 Cityvvide Tree Project Policy Review and Regulatory Improvement Issue Paper 0 Coordinating Plan Review — Public/Private Infrastructure and Tree Preservation Requirements ISSUE DESCRIPTION Trees that are planned to be preserved in conjunction with new development are at risk from lack of coordination during permit review and construction-related issues. BACKGROUND The City applies a number of specific requirements for utility and other infrastructure improvements at the time new development is proposed. Depending on the scale of the development, requirements may be limited for private and public utility connections for simple "trade" permits (i.e. electrical, plumbing, mechanical trades), or may involve more complex requirements for sewer and water connections, stormwater disposal, street tree preservation or planting, and some level of tree preservation or planting on the site. For large scale developments, public street and sidewalk widening or improvements may also be required. For very simple utility connections (a new sewer lateral for an existing house as an example), the permit application does not include a site plan. The application includes no information to determine if trees or tree roots will be affected. Further, these trade permits are typically not reviewed by planners to determine whether any tree preservation requirements apply to the site. Where a land division review precedes new development, the City requires that proposed infrastructure improvements are reviewed so that utilities are planned, coordinated, and designed for the entire subdivision rather than on a lot-by-lot basis. During preliminary plat review, the location of streets, sidewalks, sewers, water mains, storm drain lines and drainage swales are all considered together with the preservation of selected trees on the site. In some cases, to accommodate the installation of needed infrastructure, significant grading may be required, including the construction of retaining walls and carefully tapered slopes that meet specific standards. Following preliminary approval of the land division, the applicant submits a final plat for review. The final plat is prepared in substantial conformance with the approved land division. The preliminary approval may require specific easements and changes to rights of way dedications to be shown on the final plat. If a roadway is to be widened, or a utility easement relocated, impacts to the tree preservation plan are considered. Minor changes may not be deemed to affect trees, however in some instances the location of utility easements is not considered in light of the tree preservation plans. When a major change occurs, a review of amendments to the preliminary approval is required and an adjustment must be filed with the final plat if the tree preservation standards can no longer be met. These reviews can add several months of additional time to the process. Frequently in these cases, the applicant submits revised arborist reports that further reduce the root protection area, or acknowledge that the infrastructure construction will not be detrimental to the tree. Whether required as part of public and private street improvements or other site improvements, site construction plans are prepared and submitted during the final plat process. The plans detail how the required infrastructure will be built and provide enough information so that the City's Infrastructure Bureaus can prepare bonds to assure their construction. The infrastructure • • plans are reviewed in two parallel tracks: - Public infrastructure, such as streets, sidewalks, water lines, public sewer lines, and public stormwater facilities are reviewed by the public works groups in the Portland Office of Transportation (PDOT), the Water Bureau, and the Bureau of Environmental Services (BES). - Private infrastructure and on-site prep work such as site grading and retaining walls, erosion control, tree protection measures (fencing), private streets, private sewers, and on site stormwater facilities are reviewed by the private construction group of BES, as well as the Site Development and Planning and Zoning Review sections of the Bureau of Development services (BDS). Under the current system, tree protection oversight is split between three disciplines: the Land Division Planner for the preliminary and final plat reviews (which can sometimes be conducted by two different planners), Planning and Zoning staff for Site Development Permit reviews, and the Urban Forester for public works permit reviews. This is problematic since each reviewer will have their own understanding of how the protection plan is supposed to work, none of the reviewers has a comprehensive overview over the whole process and site, responsibility for public and private trees is split between reviewers, and scrutiny of the tree protection is diluted by the large amount of other considerations on the site. Coordinating the reviews to ensure the tree protection measures are consistent and sufficient proves to be a challenge. The Public Works permit and Site Development permit drawings are contained in two separate independent sets of plans, and are sometimes prepared by different consulting firms, depending on the size and complexity of the job. Within each of the plan sets, site details will vary depending on the specific type of improvements under review. For private infrastructure (Site Development permits), the tree preservation information is typically shown on the site grading plan only. However, there is no consistent requirement that trees on private property designated for preservation be shown on the public works permit plans. Typically, tree protection for trees on private property is not shown unless the Urban Forester reviewing the public works permit deems it necessary. For both public and private development permit applications, it is rare to receive a composite drawing that shows all the improvements, public and private, and tree preservation information on one sheet. Moreover, since the public and private permits are reviewed separately and by different groups of reviewers, both plans can be approved with elements that are in direct conflict with each other'. Nowhere in any of these plans are private utilities, such as phone, gas, cable, and electric identified (apart from their blanket public utility easement location). The private utility companies are typically not aware of the tree protection requirements, and may trench through a root zone, adding further stress to trees that was not contemplated. If conflicts do arise and are discovered, there is no formal system of collaboration and no established priorities to resolve those conflicts. For example, one reviewer may require revisions to a sewer line or manhole location due to engineering requirements or constraints. The change may be reflected on the sewer page for instance, but not shown on the grading plan, although the change may have placed the excavation for the manhole within a root protection zone (RPZ). Since only one reviewer is responsible for that change, this encroachment into the RPZ would be missed since the other reviewers typically will not see the ' Spencer Meadows, LU 03-177491 and Site Development#04-038395 SD-This site had a tree required to be preserved in the public stormwater facility and then a public works permit showed it being removed. 2 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • plans again after they have approved their part.2 If such a change is found to impact another reviewer's approval, then additional time is spent routing the plans around and conflicting details in the plans are worked out through an ad-hoc conversation between reviewers, whose ultimate solution may impact yet another reviewer. Review of a Site Development permit is prone to the same types of oversights as can occur with Public Works permit reviews. For example, the grading plan may require that a retaining wall be constructed within the root protection area, but unless the retaining wall is called out on the tree preservation plan, it is likely to be missed by the planner reviewing the preservation plan. Also, during site preparation, issues often arise in the field that were not anticipated on the plans, such as adjusting the location of an on site stormwater facility to account for unforeseen grading issues. The resulting field adjustments can adversely affect trees on site. These"on the fly" changes also cause concern and consternation for the public since they were not part of the public review process. Finally, when the lots have been platted and prepared and the basic utility infrastructure has been installed, the trees to be preserved undergo one final test through the development phase: the building permit. During the building permit review, sometimes the applicant will omit the trees that are required to be preserved from the site plan. Often, trees to be preserved are shown in the wrong location (either due to inaccurate site plan preparation, or inaccurate information in the original land use application). The root protection zone may not be shown or may be shown inaccurately. Frequently, the root protection zones are set to the edge of buildings or driveways and don't account for the practicalities of construction and the excavation required to set foundation or flatwork forms. Utility conflicts with trees can also arise when the final connections to the house need to pass through a root protection zone. Also, if the initial building permit submittal does not show all the required utilities and/or the required root protection zones accurately, independent reviewers may redline these corrections on their copy of the plans, which can cause conflicts that may not be reconciled before the permit is issued. Where conflicts between the building or utilities and the tree preservation arise,the conflict is typically remedied by requiring the applicant to submit an arborist report explaining that the arborist has approved the specified methods of construction, and that the activities will be performed under his supervision. (This will be addressed in greater detail in the Tree Preservation topic papers) SUMMARY The infrastructure improvements proposed in conjunction with land divisions are reviewed in several stages, beginning with the preliminary land use approval, and followed by the final plat which establishes the location of utility easements and rights of way. Specific site and public works plans are submitted and reviewed concurrently with the final plat review. The final stage is the building permit review. Each stage of the reviews is performed by several different review agencies and personnel. At numerous points in that process a single inadvertent oversight, error or omission will lead to conflicts between trees to be protected and development. Construction issues that were not initially contemplated during the plan preparation or review can also harm trees that were required to be preserved. In those cases, the results are lost time, and lost trees. 2 Cambridge Creek Subdivision, LU 02-127947 PU EN AD,00-00486 PU SU EN, and Site Development Permit#20 01-144781 SD-there were other reviews that had to happen due to trees needing to be removed due to public sanitary/storm easements. 3 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • • POTENTIAL SOLUTION CONCEPTS The following criteria are intended to guide the design and evaluation of potential solution concepts. Criteria for Solutions: • Tree preservation planning and protections are efficient and effective. • Tree preservation and utility/infrastructure planning should be optimized through early and creative site design. • Site design and tree preservation plans should take into account the real impacts associated with construction and excavation. • The plan and permit review process should be designed and coordinated to minimize unforeseen conflicts between utilities, infrastructure and trees at all stages of the process • The solution should provide certainty to applicants and the public. • The solution should improve coordination between infrastructure construction and tree protection. • The solution should result in greater overall efficiency in timely reviews and downstream cost reduction. The following is an initial list of potential solutions to address the issues described above. The intent of this section is to examine a range of possible solutions to help inform discussion with stakeholders and the development of staff recommendations and future decisions. 1. COLLABORATION MEETINGS Hold collaboration meetings between public and private works permit reviewers to discuss major or complicated projects. The meetings would be set at regular intervals and the purpose would be to include all relevant reviewers in the discussion to resolve conflicts or raise concerns related to proposed methods of construction. The meeting room would include the necessary tools, codes, admin procedures and computer access for the reviewers to get their answers and approve the plans on the spot. Meetings could also serve as cross training opportunities if there were gaps in the meeting agenda. Pros: • Could be initiated currently with existing resources and minimal added cost. • Provides a forum for the reviewers to share their interests and to discuss and resolve issues and utility conflicts. This also helps to prevent changes required by one reviewer that inadvertently impact another reviewer's requirements. • Reduces time invested in running permits and corrections back and forth between reviewers. • Reduces the potential for applicants to get conflicting direction from various city staff. Increases certainty for applicant. Cons: • Attendance on similar sorts of meetings has not been consistent. Without a means to compel a particular reviewer or group of reviewers to attend, the meetings are likely to be discontinued. • If there are few issues to discuss, the meetings could be an inefficient use of staff time. Would need to be cognizant of developing a productive agenda. 2. ASSIGN A TREE SPECIALIST TO REVIEW PRELIMINARY AND FINAL PLATS A staff person, familiar with the building and construction process, city requirements, and 4 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • tree health and mechanics should be involved in the preliminary land division and final plat review to ensure that proposed and required infrastructure improvements and easement locations will specifically not conflict with trees to be preserved. This reviewer could also be utilized in initial site assessment of preferred trees for preservation, and as a result would have on the ground familiarity with the specifics of the trees and other site constraints. This would enable quicker responses to situations that arise. Pros: • Assigning an internal reviewer who is familiar with city standards and requirements for infrastructure construction, private utility company practices, and tree issues early in the process will prevent unforeseen and inadvertent conflicts between tree preservation, and the location of utilities and other infrastructure facilities. • If issues arise later, there is a single review authority who can respond to the problem, reducing delays in determining which reviewer will need to respond. Provides more certainty to both the public and applicant of how the issue will be resolved. • Creates a single accountable person whose responsibility it is to look out for the tree preservation on site. This function is currently split between the land use planner for on site trees and the urban forester for street trees. Cons: • Assigning an additional reviewer requires staffing adding up front expense to the process. • Does not, in itself, fully resolve conflicts during the permitting process (see next solution concept) 3. ASSIGN A TREE SPECIALIST TO THE PUBLIC AND PRIVATE CONSTRUCTION PERMIT PROCESS. As an alternative to, or along with the solution concept above, a tree specialist would be involved primarily in the permit review stages. A single reviewer would assess the tree preservation plan for both public and private trees at the first and last stages of plan review, visit the site and sign off for both public and private works permits. The first stage of review would be to determine that the root protection zones are all shown in the correct location, and are sized correctly. The final stage would be to review all the changes that have occurred to all (i.e. BDS, PDOT, BES,Water, PGE, Gas, Phone, Cable, Power) sets of permits and reconcile any conflicts prior to permit issuance. Pros: • Ensures that conflicts between the parallel permit tracks are addressed early and resolved, and helps ensure that any revisions to site plans that occur through the review process do not create problems and delays in the field. • Since the trees to be preserved are a fixed point on the site, resolving conflicts between proposed improvements and root protection zones requires an engineering solution to relocate the facility. Once those changes have been designed, the tree specialist can verify that the trees will not be impacted. This serves to maximize the tree preservation and minimize conflicts and associated delays during site preparation or development. • Establishes a single contact for tree issues which will lead to quicker resolution of conflict, and a more comprehensive and specific evaluation of tree protection issues through the process. 5 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • Cons: • This solution would typically require that the private and public works permits be issued simultaneously. In some cases, this could significantly delay permit issuance and construction work on the project if one permit is ready to go while the other still has unresolved issues. Alternatively, the permits could move independently, but with a single eye on the tree preservation aspect, i.e. through use of collaboration meetings as described later. • Adds another step to the review process which means more up front time for review, but may be offset by time savings during construction and avoiding further reviews. • Involving the tree specialist only at the permit stage may be too late, as some conflicts may be inherited by the initial site design reviewed during the preliminary plat phase. 4. DEVELOP COMPRENHENSIVE MANUAL TO GUIDE PLAN PREPARATION AND SUBMITTAL REQUIREMENTS. Each bureau presently maintains its own list of submittal requirements for plan drawings. To assist applicants, these requirements would all be compiled into a single resource and updated in a coordinated fashion (PDOT currently has a similar manual for public works projects, BES maintains the Stormwater Manual, and BDS has a Tree and Landscape Manual for plant installation and Erosion Control Manual). The manual would likely be adopted through administrative rule rather than code, similar to other manuals in the city (e.g., Stormwater Management Manual, Erosion Control Manual). This would enable greater flexibility and ability to update over time. Any changes would be reviewed by all affected bureaus and stakeholders. A section on tree preservation and planting requirements would be included. The manual could also include minimum standards for trade permit submittals to address tree preservation issues. Pros: • Provides single source of information for applicants in preparing their site plans and permit drawings. • Consolidating various bureau requirements would encourage greater coordination • Could achieve greater consistency between plan submittals which helps speed reviews (less time spent trying to interpret plan symbols, or find particular information). Cons: • Unless actively updated and utilized, a manual would likely become obsolete and generally ignored by applicants and reviewers alike. • Duplicates much of what is already available (but in various locations) 5. SHOW TREE PRESERVATION INFORMATION ON ALL PLANS AND PLAN SHEETS Require tree preservation and protection details and root protection zones to be shown on each drawing page for all permit packages, public and private. Pros: • Would alert reviewers to presence of tree preservation priorities and tree protection areas and highlight construction conflicts in these areas. Cons: • Reviewers may not feel compelled to take notice of conflicts on their plan sheets, especially if they are reviewing for technical details like adequate pipe sizing and do not see tree preservation as one of their priorities. 6 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • Tree preservation areas may not be shown consistently or accurately from one sheet to another. 6. COMPOSITE PLAN SHEET. Require applicants for public works and site development projects to prepare a single composite plan sheet showing proposed work to occur on a site (including grading, public improvements, retaining walls, stormwater facilities, public and private utilities, private streets and driveways, etc.) and the required root protection zones all on a single sheet. This would indicate whether any work was going to occur in or adjacent to the root protection areas. This information is in addition to the plans already submitted. Pros: • Would help reduce or eliminate conflicts between one approved set of plans and another, as well as reduce or eliminate conflicts between different plan sheets for different types of infrastructure improvements. • Indicates at-a-glance if any proposed work is to happen in root protection areas. This serves as a final check for an applicant prior to submittal, and a first check for staff before getting deep into the review process. • For complicated sites this solution would require basic and early coordination between multiple consultants involved in the plan preparation. Cons: • Problems would likely continue to occur as reviewers require changes or redline corrections that change the location of certain elements unless new composite plan sheets were required as well. • Could create a reliance on the composite plan on the part of staff to ensure that the root protection zones do not have encroachments. For example, if a layer of improvements (e.g. sewers) is left off the composite plan sheet but is reviewed and approved separately on the sewer plan sheet, and the sewer line runs through a root protection zone, then the existing coordination problem persists. • There are additional costs to preparing this plan for applicants that don't produce plans using automated programs such as CAD, and for projects where multiple consultants are involved in the plan preparation (but such coordination may be even more essential in these cases) 5. CONSOLIDATED PUBLIC AND PRIVATE WORKS PERMIT SUBMITTAL. Combine public and private permitting into a single permit package for review. This is a slightly different approach from the composite plan or single tree reviewer solution, whereby all the information for the entire suite of infrastructure improvements is represented in a single package rather than shown on a single sheet. The reviewers would only review and approve their particular area of responsibility, but would have all the information in one place for contextual reference. (Similar to current system of combined Site and Building Permits) Pros: • Reviewers would be more aware of other related improvements that would not be part of their normal purview. • Reviewer responsible for tree preservation can cross reference proposed public and private works activities with tree preservation/protection plans to ensure that there are no conflicts with root protection zones. 7 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • • Cons: • This solution, in some cases, could create large and unwieldy set of plans. Since each reviewer would see the combined Site Development and Public Works plan sets, the amount of paper used in the plan sets is increased significantly. • Reviewers may not use the information contained on the other sheets. In other words the additional cost is not leading to a direct benefit. • Does not resolve the conflicts only makes them known. For instance, if a utility line is shown through a tree preservation or environmental resource area, what forum exists to resolve the conflict? Who specifically is charged with resolving the issue? 8 Coordination of Utility and Infrastructure Improvements 4/3/2008 and Tree Preservation Requirements • 17o CITY OF PORTLAND. OREGON Plann BUREAU OF ing April 3, 2008 Tom Potter,Mayor MEMORANDUM Gil Kelley,Director 1900 S.W.4th Ave.,Ste.7100 TO: Citywide Portland,OR 97201-5380 de Tree Project Stakeholder Discussion Group Phone 503-823-7700 FAX 503-823-7800 FROM: Project staff team TTY 503-823-6868 Email pdxplan@ci.portland.or.us SUBJECT: Preparation for April 11th Meeting www.portlandonline.com/planning Attached are materials to review before the Citywide Tree Project Stakeholder Discussion Group meeting on Friday, April 11,9:00 a.m.to 12:00 noon. Included are: • Meeting agenda • Two papers entitled: Utility Plan Review Coordination and Trees and Utilities This second meeting of the Stakeholder Discussion Group(SDG) will focus on trees and utility and infrastructure facilities. The attached issue papers identify a number of situations in which conflicts can occur, including during planning,permitting and implementation of development, infill and redevelopment, infrastructure upgrades and tree planting generally. The group will be invited to provide additional information and perspectives on the issues described in the papers. As you review the issue papers please consider the following questions as we will discuss them on April 11th• 1. What, if any additional steps should the City take to recognize the infrastructure and ecosystem benefits that trees provide? For example: • To what degree would it be appropriate for the city to fund the planting and maintenance of street trees (e.g., planting, pruning, sidewalk and curb repair, removal)?On which types of streets—public, private, improved, etc.?) • Where and to what extent do other municipalities manage street trees? • What funding options exist? (Capital dollars,frontage fee, endowment,others?) 2. What trade-offs should be considered to ensure that infrastructure needs and tree preservation are addressed and optimized? How can inadvertent conflicts between utility/infrastructure siting,construction and maintenance be prevented? 3. How can the City better coordinate the multiple reviews that are necessary during project review and permitting to help preserve trees and prevent conflicts between trees and infrastructure? 4. What types of education and outreach to the public/development community/municipal or private utilities would help to reduce utility-tree conflicts? What avenues for public outreach would work best(Tree liaisons or other neighborhood outreach, TV, internet, print ads,flyers, classes, other)? The issue papers also present preliminary lists of measures to help prevent conflicts between trees and utility/infrastructure facilities.These initial lists of"potential solution concepts"should not be viewed as recommendations per se, but rather as ideas to generate and inform upcoming discussions.The SDG will be asked to help continue brainstorming potential solutions, and to help staff ensure that the pros and cons of the different options are represented. As a'preview,'the initial solution concepts fall generally into several categories: • • 41/ Value/manage trees as infrastructure assets Potential solutions: • Establish policies valuing the role of trees as infrastructure and public assets • Consider shifting the responsibility for managing street trees from property owners to the City Balance and integrate trees with competing infrastructure needs Potential solutions: • Provide greater flexibility in right-of-way design to help preserve trees • Consider offsite and adjacent trees during site design • Conduct preventive maintenance of water and sewer lines to prevent tree root damage • Monitor stormwater swales to ensure they are maintained properly and to prevent tree damage • Analysis of alternative construction methods Improve coordination/effectiveness of project reviews, permitting and inspections Potential solutions: • Coordinate and establish guidelines for preserving trees during utility/infrastructure permitting and construction • Ensure that trees,tree preservation, and tree protection requirements are consistently represented on site plans along with utilities, infrastructure and other improvements (e.g., composite plan sheet) • Combine review of private and public works to prevent unforeseen conflicts between trees and other facilities • Assign city landscape architects or arborists to conduct initial site assessments and collaborate with developers throughout the project review,from initial and final plat review, and through the permitting and construction process Educate and provide key information to the public Potential solutions: • Include utility information on tree permits • Establish 'call before you plant' program • Require postings for tree work and preservation activities Please come to the April 1 1 th meeting with your comments and ideas on the issues and potential solutions. If you have questions prior to the meeting please call Chris Scarzello at 503-823-7716 or Roberta Jortner at 503-823-7855. We look forward to seeing you on April 11th at 9:00 a.m. 4/3/2008 Page 2 of 2 • 4110 John Floyd From: John Frewing Ufrewing@teleport.com] Sent: Thursday, April 10, 2008 5:12 PM EXHIBIT C To: John Floyd Cc: SBeilke@europa.comm; Gillis, Janet Subject: April 10 Comments on Urban Forest Comp Plan Amendment John, The comments in the next paragraph below are intended to supplement the comments which I made at the Planning Commission hearing on April 7; I understand that the public hearing was continued until April 21 to allow parties and interested persons additional time to review the recently received proposed changes. Recall that at the April 7 phase of the hearing, I emphasized several issues as follows: 1) make development of the Urban Forestry Master Plan (action measure 2.2i) a policy rather than an action measure, 2) provide a legislative basis for regulation of trees outside the development approval process (covered by policy 2.3.1, which I did not notice until later in the meeting), 3)clarify the definition of'understory' vegetation to clearly include buffer areas around trees or tree groves where important for the protection of tree health and associated healthy soil conditions, 4) include in policy 2.2.1 a mandate to create overlay zones where important tree species or tree groves currently exist which should be more stringently preserved for the beneficial development of a heritage urban forest for Tigard, 5) provide in policy 2.2.7 a legislative basis for broader uses of tree fines and migigation funds to protect and develop our urban forest(an idea first put forth by Tony Tycer at most recent workshop between Tree Board and Planning Commission) and 6) extend policy 2.2.2 to include the concepts discussed in the City of Portland discussion draft regarding interdepartmental coordination of permitting actions necessary to protect trees. Additionally, I would comment: a) Policy 2.3.2. Modify to read 'The City shall require preservation, planting, aned/or replacement of understory vegetation when it is important to protecting nearby existing trees before, during and after construction and occupancy; priority shall be given to the preservation of native or existing understory vegetation that performs the following functions: . . . ' This wording ('when it is important to') provides some definition for the purpose and extent of understory protections. b)Action Measure 2.2.v. This action measure should be raised up to the importance of a policy. It is a key part of the Urban Forest Management Plan, which would be impossible without an inventory. c)The word 'removals' should be replaced by the words'permitted approvals'. Such an inventory simply provides in one place the already public record of tree removals, thereby not invading any person's privacy. This clarification need not include the number/name of each tree removed, but simply the Tigard permit number under which one or more trees are permitted to be removed. d)Action Measure 2.2.v. The prior comp plan included protection for'timbered areas', which were shown on a comp plan map but never used in development approval processes. The current plan omits any reference to'timibered areas' but should --this inventory action measure is a good place to include this concept, perhaps as part of'the state of the City's urban forest'. e) Policy 2.3.4 should remain as it stands. Questions were raised on April 7 as to whether this could be applied to single family residential development or whether street, sidewalk and building pad areas should be excluded. Concepts such as ecoroofs, permeable pavers, etc are among the design features which could reduce impacts in residential developments. f) General processes. As a Type IV proceeding, it seems that 390.060A requires a pre-application conference, which I do not see in the record, which includes a number of Tree Board meetings. The procedural steps of 390.060 should all be followed as well as the general requirements of 390.080. g) Consistency Review(page 12/19 in staff report). The existing comp plan at policy 3.4.2.b requires that development proposals in designated timbered or tree areas be reviewed through the planned development process to minimize the number of trees removed. The current proposed comp plan policies do not comply with these former provisions. The exact location of designated timbered or tree areas was shown on a map as part of the old comp plan, but new areas are 1 O • not updated and identified. The new comp plan provisions should at least give the same protection as the old comp plan for the (fewer) remaining treed areas in Tigard. h) Consistency Review(page 12/19 in staff report). The existing comp plan at policy 3.4.2.c requires that cluster type development be used in areas having important wildlife habitat value. It is widely acknowledged (eg METRO Goal 5 materials)that treed areas are important for wildlife habitat. The proposed comp plan policies do not comply with the requirement for cluster type development in these treed areas. The new comp plan provisions should at least give the same protection as the old comp plan for the (fewer) remaining treed areas in Tigard. i) Consistency Review(page 12/19 in staff report). The existing comp plan at policy 3.4.2.a requires that trees and natural vegetation along natural drainage courses be maintained to the'maximum extent possible'. The proposed comp plan policies do not comply with this requirement to maintain these trees and natural vegetation to the'maximum extent possible.' In fact, some have suggested that the new comp plan should only require 'consideration' of saving such trees. The new comp plan provisions should at least give the same protection of these trees as the old comp plan for the (fewer) remaining treed areas in Tigard. j) Consistency Review(page 18/19 in staff report). Staff response to Frewing's first comment re the observed practice of thinning, and waiting the required year or two before removing all trees and then applying for development with no burden of preserving trees says that the legislative basis is in policy 2.2.1 and 2.3.3. Policy 2.2.1 simply says that Tigard regulations will be periodically reviewed/updated and 2.3.3 relates to hazard trees-- neither relates to the practice Frewing referenced and which has been widely seen and dealt with by other jurisdictions in the METRO area. The findings by staff are not based on any facts. A new policy should be added which clearly states that from the date of this comp plan amendment adoption, Tigard will not tolerate the use of specified time wait periods to avoid tree protection regulations at the time of development in the city. k) Consistency Review(page 18/19 in staff report). The same objection to staff response as noted in comment j above is made for the staff response for Frewing comment three (wording should provide basis for later development of regulations requiring alternative analyses). The findings by staff are not based on any facts and do not address the subject of the comment. Please contact me if you have clarification questions on these comments. Thank you. John Frewing 7110 SW Lola Lane, Tigard, OR 503-245-5760 2