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HomeMy WebLinkAboutMemo - Mail Packet - 11/03/2025 - Memorandum from Kendra Boot and Sylvia Tatman-Burruss re October 21 Council Requested Follow-up: Tree Policy 1 Memorandum Date: October 28, 2025 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Dean Klingner, Community Service Director From: Kendra Boot, City Forester, Forestry, kboot@fcgov.com Sylvia Tatman-Burruss, Sr. Policy & Project Manager, City Manager’s Office, statman-burruss@fcgov.com Subject: October 21 Council Requested Follow-up: Tree Policy The purpose of this memo is to provide clarity regarding the three follow-up items on tree policies requested by Council from the October 21, 2025 Regular Council meeting. Six Councilmembers were present and one absent. Staff are available to answer any remaining questions or offer clarification regarding the proposed tree policy updates. Policies will be brought forward for second reading on Monday, November 3, 2025 Follow-Up Council requested follow-up and clarity on the following items:  Does the City follow the same mitigation standard as development?  Does the double row of street trees conflict with Poudre Fire Authority standards?  Question regarding transfer of ownership of street trees to the HOA during development. Does the City Follow the same mitigation standards at development? Yes, the City adheres to the same mitigation standards and leads by example in tree mitigation on City development projects. Examples of City development projects that are required to adhere to Land Use Code (LUC) requirements include City parks and City facilities. It’s important to note that the tree mitigation standard is a standard of the LUC and does not apply to all scenarios. Generally, applicability of tree mitigation is dependent on if the project is development or regular maintenance. For all private development on Docusign Envelope ID: 6ECC886B-8587-4A31-9430-3E1F8D3FF793 2 commercial property, and public development projects such as new parks or City facilities, current and proposed tree mitigation standards apply. Regarding regular maintenance, trees that are in poor health, are a hazard to public safety, or are a detriment to the health of the urban forest, would not be subject to LUC tree mitigation according to the current and proposed exemptions that are in the code. These are managed using either the tree replacement program or healthy trees are maintained through the urban forest management General fund. The Forestry Division is not in the business of removing healthy trees, however, the Division removes trees for the following reasons: imminent risk to public safety, dead or dying trees, trees damaged beyond survival (i.e. storm damage, run over by vehicles, damaged by construction), insect or disease infestation (i.e. Dutch elm Disease, emerald ash borer, Ips beetle, etc.). Trees removed for these reasons are then replaced through the tree replacement program one tree for one which is the same expectation held for removed dead and dying trees on commercial properties, outside of the development process. Below is a chart clarifying reasons for tree removal, if they are subject to tree mitigation, and if the City mitigates for the loss. Reasons for Tree Removal Mitigation/ Mitigation Standard Private Development Examples: commercial, multi-family, mixed use, larger neighborhood developments; new city parks or facilities; not single home projects Yes by LUC standard Public Capital Improvement Projects, streetscapes, etc. Yes and while these projects are not required to adhere to LUC, Forestry Docusign Envelope ID: 6ECC886B-8587-4A31-9430-3E1F8D3FF793 3 Examples: Timberline widening, Oak St Stormwater Project, West Elizabeth BRT consistently applies same mitigation standards for these project types. Public Tree Loss Damaged Examples: run over by vehicles, damaged by construction, vandalism, weed whacker damage Yes by tree appraisal/assessed damages Private Tree Loss Other Examples: dead/dying, insect or disease, climatic, storm damage (not including single family) Yes by bringing landscape plan into compliance (1 for 1 replacement); LUC Landscape Maintenance Requirement Public Tree Loss Other Examples: dead/dying, insect or disease, climatic, storm damage Yes by City tree replacement program* *The Forestry Division is planting more trees than they are removing and are attempting to fill all public vacant sites over the next 10-12 years as funding allows. See annual removals and planting graph below. Docusign Envelope ID: 6ECC886B-8587-4A31-9430-3E1F8D3FF793 4 Associated costs of compliance for developers To fully evaluate costs for developers across many different development scenarios for compliance with all of our tree policies would take some time and effort, but we can confirm that our analysis shows that the proposed tree mitigation changes are cost neutral across many different situations and all together the proposed changes reduce time and compliance burden for developers. Does the double row of street trees conflict with Poudre Fire Authority standards? In this case, including a double row of street trees is listed as one of several optional site improvements to allow developers to reduce their payment in lieu fee through site design, understanding that this would be dependent on other site constraints (i.e. fire code). While the double row of street trees, as an enhanced tree planting measure, is not required, neither are transplanting existing trees, Silva Cells, or wider parkways. Similarly, these enhanced tree planting measures are proposed as a number of options to reduce a 0 100 200 300 400 500 600 700 800 900 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 # o f T r e e s Year Public Tree Removal and Replacement Removals Replacements Docusign Envelope ID: 6ECC886B-8587-4A31-9430-3E1F8D3FF793 5 developments payment in lieu fee if feasible, and to promote landscape improvements for tree health in development. Regarding transfer of ownership of street trees to the HOA during development. Staff understands the challenges Hartford Home’s developers voiced regarding this topic. While we did not modify this portion of the code, staff is willing to continue exploring options that simplify the developer experience while ensuring the City accepts healthy, viable, established tree infrastructure. Changes in process and policy that have been made over the last few years, coupled with the three-year establishment period will create more predictability, alleviate frustration, improve tree survivability, and will create a defined finish line for street tree replacement for the developer. To that end, staff will continue to learn from and adapt policy and look for future simplification and process improvement. CC: Tyler Marr, Deputy City Manager Docusign Envelope ID: 6ECC886B-8587-4A31-9430-3E1F8D3FF793