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MEMORANDUM
Date: February 5, 2013
To: Mayor and Councilmembers
Thru: Darin Atteberry, City Manager
Diane Jones, Deputy City Manager
Wendy Williams, Assistant City Manager 1 ; 3
Marty Heffernan, Community Services Director/4 S ft
Karen Cumbo, Planning Development and Transportation Director K'`�
Laurie Kadrich, Community Development and Neighborhood Services 6 /G/d, 6—
Director
From: Tim Buchanan, City Forester .
Lindsay Ex, Environmental Planner.
Re: Item #17: Land Use Code and Non -Native Trees
During the February 4 Leadership Team meeting, staff was asked to revise the proposed
Ordinance to reflect two issues:
1. The Ordinance should include a comprehensive list of non-native species to
ensure that all non-native species are mitigated for through the changes and not
just Russian olive and Siberian elm.
Staff response: In the existing Land Use Code, all species, including native and non-native
species are required to be mitigated for in all conditions, except four species listed as
nuisance species in the Municipal Code: cotton -bearing cottonwood, seed -bearing
boxelder, Russian olive and Siberian elm. Currently, cotton -bearing cottonwood and seed -
bearing boxelder are only mitigated when within a Natural Habitat Buffer Zone; the
proposed Ordinance would require that all native cottonwoods and boxelders be mitigated
for, regardless of their position in the landscape.
The proposed Ordinance also requires that Russian olive and Siberian elm be mitigated
for if found to have ecological value as documented through a project's Ecological
Characterization Study (more discussion in #2 below).
With the proposed code changes, every significant tree (6 inches or greater in diameter) in
the City except dead, dying or naturally fallen trees, or trees found to be a threat to public
health, safety or welfare or those that substantially obstruct clear visibility would be
considered for mitigation, regardless of whether it is a native or non-native species.
2. The Ordinance should require mitigation for these non-native species for more
values than just ecological, including but not limited to shade, aesthetics, canopy,
and cooling values.
Staff response: With respect to the question regarding values, staff looks forward to the
discussion tonight with Council to get additional direction. To help aid the discussion, staff
would like to clarify the existing direction and an additional two options that Council could
recommend for Second Reading of the Ordinance:
Existing Direction:
o This option does not mitigate for Russian olives or Siberian elms on urban
sites unless an Ecological Characterization Study (ECS) is required and the
ECS documents that the trees contribute to the site's ecological value, e.g.,
through bank stability, cover for species, areas for refuge or nesting, etc.
o All other species (native and non-native) are mitigated for on urban and
natural sites.
o Allow mitigation for Russian olive and Siberian elms to be governed by site -
specific restoration methods, e.g., a more diverse range of species and
caliper/height sizes, instead of requiring that trees be upsized,
Alternate Direction 1 — Expand the language within the Ecological Characterization
Study code section and the Tree Replacement and Protection section to explicitly
clarify that a full range of factors are used in determining the value of the trees,
e.g.,.shade, aesthetics, canopy, and cooling values.
Alternate Direction 2 — Instead of only using the Ecological Characterization Study
for assessing whether Russian olive and Siberian elms should be mitigated for, use
the following approach:
o On urban sites, Russian olive and Siberian elm would be mitigated using
the 1-6 tree replaced method as is used on all other species, but exempt
smaller diameter Russian olive and Siberian elm, those of apparent wild or
volunteer origin (such as those that have sprouted along fence lines and
foundations) and Russian olive and Siberian elm determined to be in poor
condition.
o On natural sites (in Natural Habitat Buffer Zones), Russian olive and
Siberian elm would be mitigated as determined in the ECS.
o In addition, staff would clarify that a full range of factors, such as shade,
aesthetics, canopy, and cooling values are used in the determination of tree
mitigation requirements.
As a footnote, if Alternate Direction 2 were Council's preferred direction for these code
changes, then staff would advise postponing the Second Reading of the proposed
Ordinance, as Alternate Direction 2 is enough of a departure from what was discussed
with the three City Boards that staff would like to the opportunity to revisit this issue with
the Boards for their feedback.