On July 14, 2020, the City Council directed staff to review the City’s tree preservation and landscaping standards as a part of the 2020 UDC Annual Review Cycle. The purpose of these revisions is to address ambiguity, conflicts with other code sections, and challenges found in its implementation on several development projects. This original list of items was discussed by the UDC Advisory Committee, the Planning & Zoning Commission, and the City Council. The UDC voted to recommend approval of these proposed redlines at their March 10, 2021 meeting.

At their March 9, 2021 meeting the Council directed staff to research two additional topics for consideration as UDC Amendments.

1. Consideration of trees smaller than 6-inches in diameter as credit trees.
• Currently, non-residential developments (commercial or multi-family) may receive credit toward their mitigation requirements for developing around existing trees that are between 6 and 11-inches in diameter. Credit trees may only be used to offset mitigation for Protected Trees.
2. Consideration of trees planted in residential lots as credit trees for the purposes of tree mitigation.
• Single-family developments are required to only protect and provide mitigation for Heritage Trees (certain species, 26-inches and up in diameter). They can utilize any mitigation option offered by the UDC including on-site plantings. Currently, on-site plantings are only permitted within common areas of a subdivision subject to Site Development Plan or Subdivision Construction Plan review. Examples of these areas include amenity centers, open space lots, rights-of-way, parks, etc.
• These on-site plantings are distinguished from the landscape tree requirement which requires one shade tree to be planted in a residential street yard for every 50-feet of frontage a lot has.

These topics were discussed by the UDC Advisory Committee at their April 14, 2021 and May 12, 2021 meetings. The Committee worked through each issue and has proposed terms for each topic. The purpose of this meeting of the UDCAC is to make a recommendation to the City Council on these proposed terms. The ordinance contains the proposed redline amendments to the UDC. Highlighted changes are new changes since the March 2021 recommendation to accommodate for the additional issues included in the amendments by the City Council.

The summary of the UDCAC discussion from the April 14, 2021 and May 12, 2021 meetings are included with this item (Attachment II). A survey was open to the public on the proposed terms for the additional items. The results of this survey, open May 31, 2021 to June 10, 2021 are also included (Attachment V). Included in all attachments are also the corresponding information from the first round of amendments approved on March 10, 2021.

Relevant sections of the UDC to be amended include, but are not limited to:

• Section 3.16, Administrative Exceptions
• Section 3.23, Heritage Tree Removal Permit
• Section 4.11, Gateway Overlay Districts
• Section 8.02, Tree Preservation & Protection
• Section 8.03, Residential Landscaping
• Section 8.04, Non-Residential Landscape Requirements
• Section 8.05, Review & Approval Process
• Section 8.06, Plant Selection, Installation, & Maintenance
• Section 11.02, Impervious Cover
• Section 16.02, Definitions

Unified Development Code Advisory Committee Action: 

At their March 10, 2021 June 16, 2021 meeting the UDCAC voted to unanimously recommend approval of the proposed amendments.

Planning & Zoning Commission Action: 

At their July 20, 2021 meeting the UDCAC voted to unanimously recommend approval of the proposed amendments.

City Council Action: 

At their August 24, 2021 meeting the City Council voted 6-0 to approve a first reading of the ordinance for the proposed amendments.