20240328 Staff Presentation (Items 2, 3, and 4) — original pdf

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Peer 1 1 Urban Forestry Committee Meeting March 28, 2024 Jim Dymkowski DSD-Community Tree Division Overview • Heritage tree administrative variance procedures • Overall tree preservation numbers 2023 • Staff update on drafted tree preservation incentives for HOME code amendments phase 1 2 Point 1 Administering Heritage Tree Variances (Process matters) The Larger the Tree, the Greater the Protection 4 Heritage Trees in Austin • Is a tree that has a diameter of 24 inches or more, measured four and one-half feet above natural grade, and is one of the following species: • Texas Ash, Bald Cypress, American elm ,Cedar elm, Texas madrone, Bigtooth maple, All oaks, Pecan, Arizona walnut, and Eastern Black walnut • 25-8-641 – Prohibits removal unless a permit is issued and is only issued if a variance is approved under Section 25-8-642 (Administrative Variance) or 25- 8-643 (Land Use Commission Variance). • The requirements apply to trees on private and public property. • Without a variance, a damaged heritage tree may be removed that is an imminent hazard to life or property if removed within seven days of being damaged. The director may extend this deadline for widespread and extensive storm damage 5 Review Criteria for Protected and Heritage Trees Code Criteria for Removal 1. Prevents a reasonable use 2. Prevents reasonable access 3. Dead, diseased, or imminent hazard 4. For a tree located on public property or a public street or easement:(a)prevents the opening of necessary vehicular traffic lanes in a street or alley; or 5. Prevents the construction of utility or drainage facilities that may not feasibly be rerouted. 6 Due Process for Administering Heritage Tree Ordinance 25-8-642 - ADMINISTRATIVE VARIANCE • May be granted for any size Heritage Tree if it is determined to be based on the City Arborist's recommendation: • Dead, diseased, or imminent hazard • No application fee and no mitigation are required for a variance request under these conditions. 8 25-8-642 - ADMINISTRATIVE VARIANCE • For a heritage tree that does not have at least one stem that is 30 inches in diameter and only after determining, based on the city arborist's recommendation, that the heritage tree meets the approval criteria for removal • prevents reasonable use or access to the property • for a tree located on public property or a public street or easement:(a)prevents the opening of necessary vehicular traffic lanes in a street or alley; or • prevents the construction of utility or drainage facilities that may not feasibly be rerouted. 9 Point 2 Due Diligence for Variance Review (Reveal the real and perceived constraints, protect more trees) Requirements to be met • If available, the applicant has sought and been denied a variance, waiver, exemption, modification, or alternative compliance which would eliminate the need to remove the heritage tree, and • The heritage tree removal is not based on a condition caused by the method chosen by the applicant to develop the property. • shall be the minimum change necessary • shall require mitigation • may not be issued until the applicant has satisfied the mitigation conditions 11 • Parking standards. • Know your Fire Code! It has a big impact on land use and trees. • Know your driveway alignment options. Transportation SETBACKS - 15' ALLOWS FOR 45-75%GLAZING 15' 15' Site Diagram Thornton 2 Office Building REQUIRED FIRE ACCESS 43' FROM SOUTH PROP. LINE ALLOWS FOR PERIMETER PARKING Site Diagram Thornton 2 Office Building 5' SIDEWALK 5' SIDEWALK 25' 18' RESIDENTAL COMPATIBILITY SETBACK 300' from Property line 200' from Property line 100' from Property line Site Diagram Thornton 2 Office Building TREE PRESERVATION COUNCIL HERITAGE TREE OFFSET TOP FLOOR 5' SHIFTED TO 20' OFF PROP. LINE FOR CRZ OF NORTH TREES Site Diagram Thornton 2 Office Building TREE PRESERVATION HALF CRITICAL Point 3 Tree Preservation and Replenishment 2023 Tree Preservation and Replenishment 2023 Point 3 HOME Initiative – Phase 1 (Additional Direction on Trees) Background for Recommendations HOME Initiative – Phase 1 directed staff to recommend improvements to tree preservation and planting in five areas: 1. Preserve trees and other natural features through alternative equivalent compliance or administrative modifications 2. Explore gaps in tree planting requirements 3. Promote additional tree planting 4. Incentivize the protection non-regulated trees 5. Incentivize the protection of trees in or near setback areas 21 Current Tree Regulations • All trees with a trunk diameter of 19” or greater are regulated by the City. Regulated trees may not be removed without a permit. They must be protected during construction. Non-regulated trees may be removed at any time and do not need to be protected or otherwise accounted for during construction. • Replacement trees must be planted when a regulated tree is removed. Replacing or otherwise making up for the removal of regulated trees is called mitigation. • Mitigation is measured in inches, which refers to the trunk diameter of both the tree that was removed and the trees that are planted as replacements. The number of replacement trees depends on the size and species of the tree that was removed. • Planting is not the only way to provide mitigation for the removal of regulated trees. Mitigation can also be provided by preserving non-regulated trees on a site as if they were regulated. Every inch of non-regulated trees that are preserved are credited as an inch of trees planted. 22 Recommendation - Use Mitigation Credits to Preserve Non-regulated Trees We recommend using mitigation credits to encourage the preservation of non-regulated trees. Trees that are already growing successfully on a site have a higher survival rate and do not require establishment. Currently every inch of preserved non-regulated trees is credited as one inch of planted trees. Our recommendation is to increase this credit so that each inch of non- regulated trees counts as more than an inch of planted trees. Builders who utilize this credit will reduce their tree planting costs. Responsiveness This recommendation responds to amendment items 4 and 5. Applicability This recommendation applies to all sites using HOME Initiative criteria. Impact to affordability This recommendation will not increase the cost of development. It could reduce costs associated with mitigation requirements. 23 Recommendation - Use Mitigation Credits to Encourage Species Diversity We recommend using mitigation credits to encourage species diversity among replacement trees. Species diversity goals are hampered by the limited number of tree species available in nurseries. Tree growers do not introduce new species because they are worried that there will be no demand for the new trees. Our recommendation is that the City create a list of preferred species that will grow well in our area now and in the future, but that are not widely available in nurseries. Trees on this list would be credited as mitigation at a higher rate than the usual inch for inch credit. This would drive demand for these species among builders, which would assure tree growers of a market for the new trees. Responsiveness This recommendation responds to amendment item 2 . Applicability This recommendation applies to all sites where replacement trees are required as mitigation. Impact to affordability This recommendation will not increase the cost of development. It could reduce costs associated with mitigation requirements. 24 Recommendation – Create Consistency in Tree Planting Requirements We recommend updating Code language to ensure that planting requirements are consistent across all single-family projects. Currently residential construction projects in new subdivisions are required to plant trees if there are not regulated trees preserved on the site. However, this requirement does not apply to residential construction in older subdivisions. We recommend changes so that this requirement is consistent in all subdivisions regardless of their age. Responsiveness This recommendation responds to amendment items 2 and 3. Applicability This recommendation applies to all single-family residential construction. Impact to affordability This recommendation would result in a modest increase to development costs on sites where planting is not currently required. 25 Remaining Recommendations Item 1 directed staff to make recommendations to preserve trees and other natural features through alternative equivalent compliance or administrative modifications. After discussion staff has not identified additional opportunities for tree or natural area preservation using these methods. Existing Code requires applicants to pursue these options before removal of a Heritage tree can be approved. Extending these requirements to all regulated trees would likely extend review timelines and increase development costs with minimal benefit to the urban forest. 26 Questions? Thank you! jim.dymkowski@austintexas.gov 27