06/27/2001 Env Bd Packet - Laserfiche WebLink

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• know which trees they want and which trees they do not want. All of them appreciate the information given to them to ensure that the trees they do want stay healthy. Developers are required to escrow dollars at the time of final plat approval for tree preservation. This covers staff time for review and quality control inspection. A few years ago, the City began working on Town Center and commercial development. The McDonald's site presented the question of tree replacement requirements. The nature of the McDonald's project and overall project in the NW quadrant of Lake Drive and I -35W presented the loss of many trees on one part of the development, and the desire to maintain the natural character of the area by replacement tree requirements. Tree replacement is not addressed in the 1991 Tree Preservation Policy, except in terms of the replacement of damaged, killed, or irresponsibly removed trees in "save tree" areas. Reasons at that time for not including tree replacement were those of negotiation vs. requirement, the staff time needed to track tree replacement, and the added costs to development (with the fear of property owners clearcutting their property to avoid tree replacement). The new Tree Preservation document proposed recently was initially intended to take another look at incorporation of tree replacement as part of the requirement, and update the language of the policy to that which would reflect the goals and polices of the Handbook For Environmental Planning and Conservation Development. Keep in mind that the proposal was to be in ordinance form. Our Management Plan for conservation development consistently addresses the need to work with developers in striking a balance between environmental, cultural, and economic issues. Flexibility in planning is the only way this can be accomplished. Without a conservation development ordinance, and under standard zoning rules, this was thought to be a way to maintain the cultural nature of the natural environment. What happened? Developers reacted negatively to a proposed forced cost. A legal opinion was rendered concerning off -site tree replacement that advised against it. Off -site replacement was considered because if in ordinance form, a developer was required to replace trees with no room to do so, the trees would have to placed somewhere. The new ordinance does very well in lying out the elements of conservation development in regards to tree resources. You will find flexibility in the language and much work was done to incorporate the goals and polices of the management plan into the ordinance. The procedures and philosophies of the original ordinance are not changed in this ordinance in regards to residential property owner rights. Negotiation, in regards to tree resources and all resources, may still be the best approach to resource preservation /conservation regardless of whether we are using PUD, a Conservation Development Ordinance, or Standard Zoning Planning. • Page 3