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HomeMy WebLinkAboutAgenda UDCAC 04.14.2021Notice of Meeting for the Unified Dev elopment Code Adv isory Committee of the City of Georgetown April 14, 2021 at 3:30 P M at Virtual T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay Texas at 711. The r egular me eting will c onvene at 3:30 p.m. on April 14, 2021 via te le confe re nc e. To participate , please c opy and paste the following we blink into your browse r: Weblink: http://bit.ly/3b I D P ui Webinar I D: 949-7681-8404 P assword: 523157 To participate by phone: Call in numbe r: (346)248-7799 or Toll-F re e: 833-548-0282 P assword: 523157 Citizen comme nts are acc epted in thr ee differ ent for mats: 1. Submit written comme nts to planning@geor getown.or g by 2:30p.m. on the date of the me eting and the Re cor ding Se cr etar y will re ad your c omments into the r ec ording during the item that is being discussed. 2. L og onto the mee ting at the link above and "raise your hand" during the item 3. Use your home /mobile phone to call the toll-fre e numbe r To join a Zoom me eting, c lick on the link provided and join as an attende e. You will be aske d to e nte r your name and email addre ss (this is so we can ide ntify you when you ar e c alled upon). To spe ak on an item, clic k on the "R aise your H and" option at the bottom of the Zoom mee ting we bpage once that ite m has opened. Whe n you are calle d upon by the Re cor ding Se cr etar y, your devic e will be r emotely un-muted by the A dministrator and you may spe ak for thre e minute s. P lease state your name clear ly, and when your time is over, your de vice will be muted again. Use of pr ofanity, thr eate ning language, slande rous r emarks or thr eats of harm are not allowed and will re sult in you be ing imme diately re moved fr om the mee ting. Page 1 of 70 Regular Session (T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose authorized by the O pen Meetings Act, Texas G overnment C ode 551.) A Discussion on how the U nified Development C ode Advisory C ommittee virtual conference will be conducted, to include options for public comments and how the public may address the Commission -- Andreina D ávila-Quintero, AI C P, C urrent P lanning Manager B Nomination and selec tion of Vic e-chair and S ec retary for the 2020/21 UDC Advis ory C ommittee -- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager C C ons ideration and possible action to confirm the bylaws for the Unified Development C ode (UDC ) Advis ory C ommittee relating to membership eligibility requirements -- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager P ublic Wishing to Address the B oard O n a s ubjec t that is posted on this agenda: P lease fill out a speaker regis tration form whic h can be found at the Board meeting. C learly print your name, the letter of the item on which you wish to speak, and pres ent it to the S taff Liais on, preferably prior to the start of the meeting. You will be c alled forward to speak when the Board cons iders that item. O n a s ubjec t not posted on the agenda: P ersons may add an item to a future Board agenda by filing a written request with the S taff Liais on no later than one week prior to the Board meeting. T he reques t must include the s peaker's name and the spec ific topic to be addres s ed with sufficient information to inform the board and the public . F or Board Liaison c ontact information, pleas e logon to http://government.georgetown.org/c ategory/boards -commissions /. D O n a subject not posted on the agenda: P ersons may add an item to a future B oard agenda by filing a written request with the S taff L iaison no later than one week prior to the B oard meeting. T he request must include the speaker's name and the specific topic to be addressed with sufficient information to inform the board and the public. F or B oard L iaison contact information, please logon to http://government.georgetown.org/category/boards-commissions/. At the ti me of posti ng, no persons had si gned up to speak on i tems not on the agenda. L egislativ e Regular Agenda E Disc ussion and possible action es tablishing the regular meeting date, time and place of the Unified Development C ode (UDC ) Advisory C ommittee for 2021/22 -- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager. F Disc ussion and possible direction on a proposed Text Amendment to the Unified Development C ode (UDC ) relating to the Tree P res ervation and Landsc aping standards s pecific ally as it pertains to tree mitigation requirements (UDC G eneral Amendment No. 20-03) -- S teve Mc Keown, Landsc ape P lanner, Ethan Harwell, S enior P lanner, and Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager. G Update on the Unified Development C ode (UDC ) amendment process, and the 2020 UDC Annual R eview P lan, S c hedule and Next S teps -- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager Adjournment Page 2 of 70 Ce rtificate of Posting I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at __________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said meeting. __________________________________ R obyn Dens more, C ity S ec retary Page 3 of 70 City of Georgetown, Texas Unified Development Code Advisory Committee April 14, 2021 S UB J E C T: C onsideration and pos s ible ac tion to c onfirm the bylaws for the Unified Development C ode (UDC ) Advisory C ommittee relating to members hip eligibility requirements -- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager IT E M S UMMARY: F IN AN C IAL IMPAC T: N/A S UB MIT T E D B Y: Mirna G arcia, Management Analys t AT TAC H ME N T S: Description Type UDCAC Bylaws Exhibit Page 4 of 70 Page 5 of 70 Page 6 of 70 Page 7 of 70 Page 8 of 70 Page 9 of 70 Page 10 of 70 Page 11 of 70 City of Georgetown, Texas Unified Development Code Advisory Committee April 14, 2021 S UB J E C T: Dis cus s ion and pos s ible direc tion on a propos ed Text Amendment to the Unified Development C ode (UDC ) relating to the Tree P reservation and Lands caping s tandards spec ifically as it pertains to tree mitigation requirements (UDC G eneral Amendment No. 20-03) -- S teve Mc Keown, Lands cape P lanner, Ethan Harwell, S enior P lanner, and Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager. IT E M S UMMARY: O n July 14, 2020, the C ity C ouncil directed staff to review the C ity’s tree pres ervation and landsc aping s tandards as a part of the 2020 UDC Annual R eview C ycle. T he purpose of these revisions is to addres s ambiguity, c onflic ts with other c ode sec tions , and challenges found in its implementation on several development projects . Tree P reservation standards are part of the C ity’s development s tandards for s ubdivis ions and development of property. Landsc aping standards as part of the C ity’s zoning s tandards for development of property. To facilitate the review process for this amendment, issues that have been identified by the public, the U D C Advisory C ommittee and C ity staff were grouped into three (3) focus areas: 1. Tree P reservation, R emoval and Mitigation; 2. S treetyards, G ateways and P arking landsc ape standards; and 3. S creening and Water C onservation. T he specific list of issues reviewed and proposed to be amended for each of these three (3) focus area was finalized by the U D C Advisory C ommittee at their S eptember 9, 2020 meeting (Attachment I). T he proposed terms recommended to address each issue were discussed and finalized at the U D C Advisory Committee meetings on October 14, November 11 and D ecember 9, 2020 (Attachment I I). Attachment I I I includes a list of each issue identified, along with the current and proposed terms, and applicable sections that will be revised. Between January 19 and F ebruary 5, 2021, the City accepted feedback from developers, property owners and other stakeholders on the proposed amendments. Comments were provided via email, a quick survey, and in meetings with city staff. T he comments received have been included as Attachment V. At their February 9 and March 23, 2021 workshops, the C ity C ouncil reviewed the specific issues, current and proposed terms, and recommended amendments for tree preservation, removal and mitigation, and street yard, gateway, landscape, parking, screening and water conservation landscape standards. N o changes to the proposed terms and recommendation were made; however, the C ity C ouncil asked for the review and consideration of two (2) additional tree mitigation issues as part of this amendment review process: 1. Consider allowing smaller trees (smaller than 6 inches) to be counted as credit trees; and 2. E xplore the option of allowing trees planted on residential lots as on-site replacement trees. T he purpose of this item to review current state law and city requirements, other nearby cities requirements, other requirements and processes that may be impacted, and options and alternative standards to address these two (2) issues. F IN AN C IAL IMPAC T: Page 12 of 70 None s tudied at this time. S UB MIT T E D B Y: Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager AT TAC H ME N T S: Description Type Attachment I - Specific lis t of Issues to be addressed Backup Material Attachment II - Summary of Discus s ions (Sep to Dec 2020)Backup Material Attachment III - Summary of Proposed Terms Backup Material Attachment IV - Es s ential Terms Backup Material Attachment V - Public Comments Backup Material Pres entation Pres entation Page 13 of 70 Tree Preservation and Landscape Regulations 2020 UDC General Amendments UDC Amendment No. 20-03 Tree Preservation, Removal and Mitigation Issue No.Relevant UDC Section(s) Issues Requestor TP.01 8.02.020 Consider establishing a threshold for identifying which multi-trunk trees must be included on a survey based on the DBH of the largest trunk. UDCAC TP.02 16.02 Consider adding a definition for tree branch and tree trunk. UDCAC TP.03 16.02 Consider adding a definition for “hardwood” and “softwood” trees as some might have different interpretations. UDCAC TP.04 8.02.020 Exclude all cedar (ash-juniper and mountain cedar) trees from the protected trees definition.UDCAC TP.05 8.02.020 Consider excluding ornamental trees from the definition of protected trees. UDCAC TP.06 8.02.030, 8.02.040, 8.06.040, 3.23 Clarify applicability of City approval for the removal of protected trees within a right- of-way or public utility easement and assessment of mitigation fees. Staff TP.07 8.05 Consider requiring a Tree Inventory for new projects and phased projects whose surveys need to be update after 5 and 10 years. Staff TP.08 8.02.050 Consider prioritizing the preservation of protected trees to allow flexibility in site design elements (I.e. parking layout, monument sign location). Clarify the existing process for Heritage Trees. Staff TP.09 8.04.040, 8.05 Consider establishing boundaries for calculating protected and heritage trees on projects (i.e. floodplain, ROW, Limit of Construction, Phase or Section specific) Staff, Public TP.10 New, 8.02, 8.05 Consider requiring additional information on the health of a protected and heritage tree to address disease control issues as it relates to tree preservation. Staff TP.11 8.02.040 Consider additional options for tree mitigation. Staff, Public TP.12 8.06.060 Consider altering the situations in which required landscaping trees can be removed – specifically related to signage. Staff Page 1 of 2Page 14 of 70 Tree Preservation and Landscape Regulations 2020 UDC General Amendments UDC Amendment No. 20-03 Streetyards, Gateways and Parking Issue No.Relevant UDC Section(s) Issues Requestor SY.01 8.03.030 Use of artificial turf for single-family residential Public SY.02 8.04.030 Street yard requirements, particularly for projects with buildings at great distance from the road and/or phased projects Public SY.03 4.11, 8.04.030, 8.04.050 Applicability of Gateway landscape requirements (and how these relate to other landscape requirements) Staff SY.04 8.04.040 Landscape requirements for inventory lots related to an auto sales use Staff, Public SY.05 8.05, 8.06, 10, 13.03 Conflicts between signage, utilities and easements, and landscape requirements Staff, UDCAC Screening, Buffering and Water Conservation Issue No.Relevant UDC Section(s) Issues Requestor SBW.1 8.04.070 Screening requirements for alternative waste containers Staff SBW.2 New Review current nonresidential landscaping requirements with regard to the city’s water conservation efforts Public, UDCAC, P&Z Page 2 of 2Page 15 of 70 Tree Preservation, Removal and Mitigation TP.01 Discussion Discussion: • UDC requires all species to identify and measure all trees 12” and greater (UDC 8.05). • It takes time to identify and locate every single tree – should not include excluded trees. • All trees are typically required to be identified on the survey to not overlook any trees that may be protected • Another benefit is to know where the “trash” trees are located to know where improvements may better be located as opposed to areas where the protected trees are located. Follow Up Needed: • None Direction on Draft Solution: • Specify that the “excluded trees” do not need to be measured or identified. • Or, add the word “protected” prior to “trees” in the UDC standard. • Include in the survey if it may be used as some type of credit Direction on Final Terms: • Specify/clarify that the excluded trees include all cedar trees (Ashe juniper, Mountain Cedar, Blueberry Juniper, or Post Cedar) • Codify the method of measurement to determine the multi-trunk trees to be measured • Proceed as proposed (with Option B for TP.05) TP.02 Discussion Discussion: • Stem appears to have 3 different meanings • Hard to distinguish for multi-trunk trees • Height off the ground to consider a trunk v branch Follow Up Needed: • Revised definition of trunk and branch (does not use word “stem”) Direction on Draft Solution: • Add definition of “trunk” Direction on Final Terms: • Simple is good • How will this affect multi-trunk definition? • Include definition for branches and roots as these terms are included in the trunk definition TP.03 Discussion Discussion: • Using terms “hardwood” and “softwood” may be more vague – do not recommend using these terms Follow Up Needed: • None Page 16 of 70 Direction on Draft Solution: • Do not include these terms in the UDC – maintain current definitions • Using specific species in defining protected and heritage trees is recommended Direction on Final Terms: • Proceed as proposed. TP.04 Discussion Discussion: • There are a lot of varieties of cedar • Better to define the types of trees that we want to keep Follow Up Needed: • None Direction on Draft Solution: • Maintain current UDC list of excluded trees, which includes cedar trees Direction on Final Terms: • Proceed as proposed TP.05 Discussion Discussion: • Need to be included so they may be counted towards mitigation and credit trees • Identify a way to measure for certain multi-trunk trees (I.e. crepe myrtle) Follow Up Needed: • Bring back two options for consideration Direction on Draft Solution: • One way to measure ornamental trees may be by looking at the 5 largest trunks • EXAMPLE (Option B) CP with 4 trunks, largest trunk = 6 in X = largest trunk, n = no. of smaller trunks X + 0.5*n 6+(0.5*3) = 7.5” Direction on Final Terms: • Proceed with Option B TP.06 Discussion Discussion: • Look into creating a new tree removal permit so that a SDP would not be required. • Consider using a minimum size to determine when approval is required. Follow Up Needed: • Language that mimics heritage trees in the ROW and easements Page 17 of 70 Direction on Draft Solution: • Create a new removal permit for protected trees Direction on Final Terms: • Proceed as proposed TP.07 Discussion Discussion: • Include it as an option for new development and at the 5/10 year mark to better plan the site • Inventory also includes location of the tree on the site • Inventory are completed by arborist Follow Up Needed: • Identify if and when it will be required • Direction on Draft Solution: • Good to encourage the inventory and where it is beneficial Direction on Final Terms: • There are different stages of oak wilt – it may be difficult for surveyors to identify oak wilt if they do not have that expertise • Staff’s response: Trees identified as “dead” or “deceased” - identify if oak wilt is the reason for the tree health status • Add “if dead” at the end of bullet point no. 5; or additional language to specify when applicable • Consider inventory option for extraordinary conditions • Trees on a survey identified as “dead” or “deceased” need to be further evaluated to determine if it is oak wilt • Need clear definition of “Tree Inventory” and what the requirements are for the inventory • Combine bullet points 1 and 5 • Define/specify how you can reduce mitigation TP.08 Discussion Discussion: • Heading in the right direction • Address what happens if the tree dies (replenish requirement) Follow Up Needed: • None Direction on Draft Solution: • More detail Direction on Final Terms: • Definition for “stands” Page 18 of 70 TP.09 Discussion Discussion: • Floodplain – if not using for credit, do not need to include in survey • Floodplain – cannot be developed in, thus should not be included for mitigation • Floodplain – alternatively, developers may want to include these trees as credits if it allows other portions of the property to be developed Follow Up Needed: • Bring back examples for each possible solution to discuss at next meeting. • Alta • South Fork Apt site Direction on Draft Solution: • Need more info. Direction on Final Terms: • Developer – advantage that there are portions of property that can be counted/credited to allow more development in another portion • Look at option to give developers a choice to do either Option A or B • Another option may be to not count trees in the floodplain, but count double/higher credit within the developable area --> look for ways that incentivizes preservation within the developable area • Bring back Option C for consideration (provide choice it makes sense) • Consider effect it has on cost of housing (for all proposed amendments) Direction on Final Terms: • Clarify that the trees in the floodplain can be counted in your total number of trees, but that they cannot be used as credit trees for mitigation • What might happen if a development had an area of dense trees outside of the floodplain? TP.10 Discussion Discussion: • Requiring vs encouraging – every time something is required it increases price • Specify the value for encouraging tree inventory requirement Follow Up Needed: • Incentive options to discuss at next meeting Direction on Draft Solution: • Bag of options – create incentives Direction on Final Terms: • Look at TP.07 TP.11 Discussion Discussion: • Verify/work with Finance on details for reimbursement process • Off-site planting on common areas for residential subdivisions an appropriate option Follow Up Needed: • Work with Legal team to determine what City can require through deed restrictions • Options for tier process through an administrative process Page 19 of 70 • Other jurisdictions that allow credit for trees planted on street yards of SFR lots o Options from other cities o Examples of projects to evaluate • Options on different fees for mitigation depending on size Direction on Draft Solution: • Need more info. Direction on Final Terms: • Clarify that developer pays up front and can get credit later • Clarify greater than 12 but less than 18 • Georgetown should have a minimum of 3 classes TP.12 Discussion Discussion: • Street trees should not be allowed to be planted in front of the sign • Fee-in-lieu of as an option in the event a tree may not be planted elsewhere on site Follow Up Needed: • None Direction on Draft Solution: • Direction on Final Terms (Nov 11, 2020): • Clarify that it must be planted within the same landscape area (i.e. if in the street yard, it needs to be placed in the street yard) Streetyards, Gateways, and Parking SY.01 Discussion Discussion: • Artificial turf heats up quicker • No objection to allowance in the rear yard • Major concerns allowing it in the front yard • Should not be visible from the street. • Will not be maintained by property owners. Follow Up Needed: • Direction on Draft Solution: • Not recommended. • If allowed, should be limited to the rear yard only. Direction on Final Terms: • Include a standard that restricts artificial turfs within an easement • If limiting it to the rear, may not have any value to add maintenance requirements. Keep preferred turf standards. • Potential loophole – no permit required. Possible solution - include scope of work in the flat work permit currently issued by the City Page 20 of 70 • Address how impervious cover may be impacted (what is considered impervious cover) SY.02 Discussion Discussion: • Concern that requiring higher level at the street may create conflicts as other phases develop • Look at limits of construction as an option • 1 and 2 okay • 3 and 4 not sure Follow Up Needed (October 14 Discussion): • Example of thresholds and possible solutions Direction on Draft Solution (November 11 Discussion): • Option 2 – results in additional trees for smaller lots. Readjust numbers so that the smaller lots do not result in more trees. Run scenarios to compare requirements. Direction on Proposed Terms (December 9 Discussion): • Comparison were helpful – good with revised option 2. • Okay with implementation of option 3 SY.03 Discussion Discussion: • Goal is to make sure gateway area is heavily landscaped Follow Up Needed: • Direction on Draft Solution: • Proceed as proposed Direction on Final Terms: • Proceed with Option 2 for defining the boundary SY.04 Discussion Discussion: • Does exempting inventory lots meet the goal of the City? • Require shade structures? Follow Up Needed: • Direction on Draft Solution: • Recommend reconsidering exemption in a future UDC amendment • Look at definition of “inventory lot” Direction on Final Terms: • Proceed as proposed Page 21 of 70 SY.05 Discussion Discussion: • It may take away more developable land • May be 75% or may be 10 feet – look at percentage vs feet option (bullet point no. 2) Follow Up Needed: • Direction on Draft Solution: • Recommend having all possible solutions as “or” options Direction on Final Terms: • Proceed as proposed Screening, Buffering, & Water Conservation SBW.01 Discussion Discussion: • Concern with adding a company name. Follow Up Needed: • Direction on Draft Solution (November 11 Discussion): • Proceed as proposed • Do not use specific business when referring to locational standards for enclosures Direction on Proposed Terms (December 9 Discussion): • All good! SBW.02 Discussion Discussion: • Follow Up Needed: • Direction on Draft Solution (November 11 Discussion): • Clarify that “turf” means natural turf or turf grass • Do not add any provision that requires it, but that incentivizes it • No. 4 – look at it functionally Direction on Proposed Terms (December 9 Discussion): • Good with Term #2 – IC credit • Good with Term 3#, but clarify that sod = turf • Term #4 is good. Page 22 of 70 Proposed Terms - Validate direction on draft ordinance Proposed Terms Discussion: • Follow Up Needed: • Direction: • Terms are good, reflect work done. Public Outreach Public Outreach Discussion: • Follow Up Needed: • Direction: • Groups to Include in Survey: o Chamber of Commerce o Development Alliance o Think of new groups? Please let staff know before beginning of January. o Send reminder in “homework” email. Page 23 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 1 of 8 Tree Preservation, Removal and Mitigation Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) TP.01 Consider establishing a threshold for identifying which multi-trunk trees must be included on a survey based on the DBH of the largest trunk. On non-residential projects, a tree survey is required to include any tree 12 inches + in diameter. Change the tree survey requirement on non-residential projects to require all trees 12 inches + in diameter except for the excluded species. • Hackberry • Chinaberry • Ashe Juniper (cedar) – includes Mountain Cedar • Chinese Tallow • Mesquite Include educational material in the Development Manual on how to measure trees. Codify terms for calculating the multi-trunk diameter of a tree (refer to TP.05). 8.05.010.A.1 and 8.05.020.A.1 TP.02 Consider adding a definition for tree branch and tree trunk. No definition of the word trunk. Define Trunk as in Random House Webster’s Unabridged Dictionary, 2nd Addition as adopted by UDC 1.06 & 16.01: Trunk – the main stem of a tree, as distinct from the branches and roots. Include definitions for branches and roots Branch – a shoot or stem arising from the trunk. Root – The usually underground portion of a plant that lacks buds, leaves, or nodes and serves as support, draws minerals and water from the surrounding soil, and sometimes stores food. 16.02 TP.03 Consider adding a definition for “hardwood” and “softwood” trees as some might have different interpretations. The UDC makes no reference to “hardwoods” or “softwood”. Heritage Trees may only be trees of the following species. Protected Trees are any species of tree 12” or greater in diameter, save for the excluded species. Continue to not use terms “hardwood” or “softwood” Do not add or subtract to current list of Heritage Tree Species. Continue to allow Protected Trees to be of any species, except for the excluded species, to allow maximum credit for various types of shade trees and ornamental trees. N/A Page 24 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 2 of 8 Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) TP.04 Exclude all cedar (ash-juniper and mountain cedar) trees from the protected trees definition. Cedar is among the UDC list of excluded trees. These include: - Hackberry - Chinaberry - Ashe Juniper (cedar) - Chinese Tallow - Mesquite Maintain current UDC list of excluded trees. 8.02.020.A and 16.02 TP.05 Consider excluding ornamental trees from the definition of protected trees. Ornamental trees are allowed to count as credit trees for mitigation and as existing trees for landscaping requirements. Establish a ratio based on the size of largest trunk that is specific to ornamental trees, where all additional trunks will be considered at half the largest inch trunk size. 8.02.040.C.2.a.i TP.06 Clarify applicability of City approval for the removal of protected trees within a right-of-way or public utility easement and assessment of mitigation fees. Heritage Trees Protected in the ROW need no review for pruning when done by a certified arborist for work being conducted by a public utility provider. Heritage Trees may be removed with approval of the Urban Forester. Protected Trees are not included under this exemption. Mitigation is required for any tree removed. Continue current practices for Heritage Trees. Allow Protected Trees to be removed at the discretion of the Urban Forester. Make provisions to include it under the current Heritage Tree Removal Permit. Rename “Heritage Tree Removal Permit” to “Tree Removal Permit”. The trimming of any Protected or Heritage Tree within a public right-of-way or public utility easement within the municipal limits of the City per Sec 12.08 of the City Code (adopted Oct 27, 2020). 3.23, 8.02.030.B.3 Page 25 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 3 of 8 Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) TP.07 Consider requiring a Tree Inventory for new projects and phased projects whose surveys need to be update after 5 and 10 years. Tree Inventory is only encouraged, not required. Require the Tree Inventory when existing trees are to be credited toward tree mitigation requirements Require the Tree Inventory when a residential project is proposed to be planned and constructed in three or more phases. Require the Tree Inventory when a master planned development is to be established under a Planned Unit Development or Development Agreement. Require the tree inventory when alternative tree standards are being requested through a Planned Unit Development, Development Agreement, or Subdivision Variance. Require tree surveys to identify if a tree is infected with oak wilt if deceased. Tree Inventory = species, size, disease and type of disease, health of tree, % of canopy cover 8.05.010.A.1 and 8.05.020.A.1 TP.08 Consider prioritizing the preservation of protected trees to allow flexibility in site design elements (I.e. parking layout, monument sign location). Clarify the existing process for Heritage Trees. To protect a Heritage Tree any of the following may be varied: • Setbacks • Lot design standards • Building heights • Sidewalks • Lighting • Signage • Parking • Drainage criteria • Connectivity • Driveway separation • Utility extension Protected Trees may take priority over design and construction of public sidewalks Alternative Standards shall be approved by the Director for administrative applications and by P&Z for applications under their approval. Maintain list of possible alternatives for Heritage Trees and expand the same list to Protected Trees or stands of Protected Trees with a cumulative DBH of at least 20” or more. • Setbacks • Lot design standards • Building heights • Sidewalks • Lighting • Signage • Parking • Drainage criteria • Connectivity • Driveway separation • Utility extension Alternative standards shall be approved by the Director under the provisions for an Administrative Exception. 3.16.020.C and 8.02.050.B. Page 26 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 4 of 8 Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) TP.09 Consider establishing boundaries for calculating protected and heritage trees on projects (i.e. floodplain, ROW, Limit of Construction, Phase or Section specific) Existing trees within the entire project boundary (including floodplain or ROW dedication) can be credited toward the existing trees remaining. All trees within a property that has a floodplain may be considered for tree preservation and mitigation credit. • Trees within the floodplain may be counted as credit trees for purposes of tree mitigation • Credit trees preserved within the developable area may be counted at a higher ratio of 2:1 No trees shall be considered existing trees if located in an area proposed for right-of-way dedication/reservation where no public improvements are required to be constructed as a part of the scope of work. 8.02.030.F and 8.02.040.C.2.a.ii TP.10 Consider requiring additional information on the health of a protected and heritage tree to address disease control issues as it relates to tree preservation. Health information is only encouraged, not required. Require Tree Inventory to learn the health of a tree. Tree Inventory = species, size, disease and type of disease, health of tree, % of canopy cover 8.05.010.A.1 and 8.05.020.A.1 TP.11 Consider additional options for tree mitigation. Divide Protected Trees into two classes: Tree Size Mitigation Fee Protected (12” +) $150 Heritage (26” +) $200 Divide Protected Trees into three classes: Tree Size Mitigation Fee Protected (12” – 18”) $125 Protected (18” +) $175 Heritage $225 Removals in excess of the number of trees allowed to be removed = standard mitigation plus 50% Clarify that mitigation by “On-Site Replacement Trees” shall first be considered foremost, within site feasibility limitations, before other mitigation options. Developer shall provide a letter of intent which identifies the project trigger for when mitigation plantings are to be installed. • City will draft standard language to be included with letter of intent to address review of plantings and refund of mitigation fees paid, in whole or in part, following verification of on-site mitigation plantings. 8.02.030.E.2.b, 8.02.040.C , 8.02.040.C.4.b and c, 8.05.010.A.3, and 8.05.020.A.4 Page 27 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 5 of 8 Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) TP.12 Consider altering the situations in which required landscaping trees can be removed – specifically related to signage. Removed trees and mitigate for the size and species of the tree. Mitigation trees must be planted along the same side of the building or parking lot. Remove and replace with a tree or trees that will reach a similar size as the removed tree. • Grouping replacement tree(s) within the same required planting area where feasible (street yard, parking lot, gateway buffer, etc.) • Trees must be planted so that they will not impede signage visibility in the future 8.06.060 Street yards, Gateways and Parking Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) SY.01 Consider allowing the use of artificial turf for single-family residential Artificial turf is not permitted in a single or two-family residential property. Artificial turf, when proposed, shall be limited to the rear yard only. When the rear yard abuts a local or collector-level street, artificial turf shall be limited to the area screened from view from the adjacent right-of-way. Artificial turf shall be prohibited within an easement. Include standards that define preferred artificial turf. Artificial turf must comply with impervious cover limitations. 8.03.030; 8.06.020.C.3 and 8.06.040.F Page 28 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 6 of 8 Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) SY.02 Consider establishing different or alternative street yard requirements, particularly for projects with buildings at great distance from the road and/or phased projects. Street yard requirements are determined by 3 different street yard areas: Street yard Size (sq.ft) Landscape Area # Trees # Shrubs <50,000 20% 1 / 5,000 sq.ft. 3 / 5,000 sq.ft. 50,000 – 500,000 20% 10 for 1st 50,000 sq.ft. 1 / additional 10,000 sq.ft. 30 for 1st 50,000 sq.ft. 3 / additional 10,000 sq.ft. >500,000 20% 55 for 1st 500,000 1 / additional 25,000 sq.ft. 175 for 1st 500,000 sq.ft. 3 / additional 25,000 sq.ft. Revise Street yard size thresholds to reflect sizes more commonly seen and updated planting requirements for each threshold Street yard Size (sq.ft) Landscape Area # Trees # Shrubs <10,000 20% 1 / 2,500 sq.ft. 3 / 2,500 sq.ft. 10,000 – 100,000 20% 4 for 1st 10,000 sq.ft. 1.5 / additional 10,000 sq.ft. 12 for 1st 10,000 sq.ft. 4 / additional 10,000 sq.ft. >100,000 20% 18 for 1st 100,000 2 / additional 20,000 sq.ft. 48 for 1st 100,000 sq.ft. 5 / additional 20,000 sq.ft. Create a street yard planting percentage option that focus heaviest plantings near the ROW. • Required for phased projects – to be completed in Phase 1 Screening and Bufferyard plantings are still in addition to all other requirements. 10% (Low-level) of street yard plantings located within 28 feet of building façade 30% (Mid-level) of street yard plantings located between Low-level and High-level planting zone 60% (High-level) of street yard plantings located between ROW & Mid-level planting zone 8.04.030 Page 29 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 7 of 8 Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) SY.03 Clarify the applicability of Gateway landscape requirements (and how these relate to other landscape requirements) Gateway standards do not apply when another zoning overlay district exists. Gateway overlay districts boundary are determined by: - Right-of-way line of each applicable roadway - Centerline of the roadway when conflicting gateway overlay districts occur Gateway standards shall apply when more stringent than the standard of any other overlay district Clean-up referenced code sections Gateway overlay boundaries extend up to a maximum depth of 100 feet from the edge on the right-of-way line on either side. 4.11, 8.04.050 SY.04 Clarify the applicability of landscape requirements for inventory lots related to an auto sales use “Vehicle display and sales areas” are exempt from the parking lot landscape requirements. Define “vehicle display and sales areas” as the area specifically reserved for the display and storage of vehicles actively for sale. These areas shall not include areas reserved for required parking spaces, parking of vehicles in service, or areas reserved for the storage of vehicles not actively for sale. 8.04.040.C SY.05 Consider measures or alternatives to address conflicts between signage, utilities and easements, and landscape requirements An Administrative Exception may be requested for an alternative Landscape design. When required shade trees conflict with signage or utility easement, one or more of the following options may be proposed to meet the requirement: • Ornamental trees, additional medium and small shrubs around monument signs may be used to meet required gateway shade trees at a ratio as defined below:  2 ornamental trees = 1 shade tree, or  1 ornamental tree and 20 small to medium shrubs = 1 shade tree, or • No more than 25% of the mature canopy size may encroach onto an easement, sign, or any other conflict point; or • Gateway landscape buffer shall extend a minimum of 10 feet beyond any conflicting easement. 8.06.030.D.6 Screening and Water Conservation Page 30 of 70 2020 UDC General Amendments - Tree Preservation and Landscape Regulations UDC Amendment No. 20-03 Page 8 of 8 Issue No. Issues Current Terms Proposed Terms Relevant UDC Section(s) SBW.01 Clarify screening requirements for alternative waste containers Dumpsters are subject to locational and design standards including distance from property line, placement on reinforced concrete pads, screening materials, gate materials, and features to protect enclosures from truck operations. Other waste and recycling container enclosures shall also be subject to the dumpster locational and design standards. Location of waste and recycling container enclosures shall also comply with the standards of the waste collection service provider. 8.04.070.D SBW.02 Review current nonresidential landscaping requirements regarding the city’s water conservation efforts Grassed areas are encouraged to be planted with drought resistant species such as (but not limited to) Bermuda, Zoysia, or Buffalo. 50% of plant materials must be low water users. Solid sod shall be used in swales or on 3:1 or greater slopes or other areas subject to erosion. Synthetic or artificial lawns or plants are not allowed. Continue to encourage grassed areas to be planted with drought resistant species such as (but not limited to) Bermuda, Zoysia, or Buffalo, when grassed areas are provided. Continue to require a minimum of 50% of the total number of plant materials to be low water user plants. • For every additional 10% of plants classified as low water users, an additional 1% of impervious cover, up to a maximum of 3%, may be granted. Continue to require solid sod in swales, and on 3:1 or greater slopes or other areas subject to erosion. For all other areas, sod shall be limited to the remaining percentage of plant material that are not low water user plants. • Exemptions: dog parks; open recreational/common amenity areas; parkland Allow artificial turfs in areas screened from streets and adjacent properties, and in accordance with the impervious cover requirements of the project. Artificial turf shall be prohibited within required bufferyards and gateway landscape buffers. • Include standards that define preferred artificial turf and maintenance requirements. 8.06.020.C.3, 8.06.040.F, 11.02.020.A.7 Page 31 of 70 Diameter Breast Height (DBH): A tree measurement at four and one-half feet above ground Critical Root Zone (CRZ): Circular region measured outward from the tree trunk identifying the essential root area that must be protected Protected Tree: 12”+ , non-excluded species Heritage Tree: 26”+, Varieties of Oak, Pecan, Walnut, Bald Cypress, Am. Elm, Cedar Elm, Texas Ashe, Southern Magnolia Credit Tree: 6” – >12”, non-excluded species Excluded Species: Hackberry, Chinaberry, Ashe Juniper (cedar), Chinese Tallow, Mesquite Essential Terms – Part 1 Page 32 of 70 Essential Terms – Part 2 Street yard: The area between any adjoining street right-of-way and existing or proposed building, the portion of which is closest to the right- of-way line. Gateway: Roadways within the City limits to be considered gateways into Georgetown of which properties fronting such roadways shall be subject to special landscaping and design standards. Shade Tree: The largest plants in the landscape that provide the overhead structure needed for shading and under which other plants live and grow. Page 33 of 70 Tree Preservation and Landscape Standards UDC Amendments General Amendment No. 20-03 Public Comments received * Office Hours discussion * Survey response * Comment Letters Page 34 of 70 Tree Preservation and Landscape Standards General Amendment No. 20-03 Page 1 of 2 Office Hours Public Comments/Feedback (January 19 – February 5) Friday February 5, 9:30am • Mitigation fees do not incentivize protection of trees or on-site replacement. Depending on tree species, it is more cost effective to pay the mitigation fee than to replace it with new trees when considering the cost of the tree plus labor. o Staff Response: A study of current mitigation fees may be warranted in the future. • Consider counting new shrub plantings, in addition to new trees, as credit for mitigation. o Staff Response: For Tree Mitigation requirements, shrubs do not meet the intent of replacing lost tree canopy or caliper inches. • Provide list of recommended tree species for areas along sidewalks/trails, tight spaces, parking lots, in front of buildings, etc. Certain tree species, as they grow, will cause damage to the sidewalk or other public/private improvements, or cover buildings that may want to showcase. Having a list of recommended tree species for these situations may facilitate design of site. o Staff Response: This is something that can be incorporated in the updating of the Preferred Plant list. Friday February 5, 10:30am • Landscape Architect (LA) agreed that Tree Amendments are good for Tree Preservation but can be frustrating when looking at large industrial site. o Staff Response: In agreeance • If existing trees in the ROW are not counted as existing, then do I still have to mitigate them? What about new Overall Transportation Plan (OTP) roads? Might this also extend to utility work? o Staff Response: Mitigation is required for removed trees within the R.O.W., Mitigation is required on OTP roads as well as utility work projects. This is a current requirement; no changes are proposed. • Third tree class is great for developers! Helps with costs on sites that may be former farmland and have been let turn fallow. These sites tend to have trees that land in the lower protected tree class. o Staff Response: In agreeance • Can the Preferred Plant List be updated to include more low water users? TAMU has a great low water user list. • Limits on turf in SBW.02 do not make developers happy, but would make LAs and designers happy. Can temporary irrigation be used to establish native turf species? o Staff Response: In agreeance on turf limitations; Current UDC irrigation requirements allow for 3 options; no changes are proposed to the requirements. Page 35 of 70 Tree Preservation and Landscape Standards General Amendment No. 20-03 Page 2 of 2 • Synthetic turf would be great to not have to be screened. Especially true on playgrounds, sports fields, K-12 facilities, daycares, etc. – this creates safety issues. Some new glass and buildings materials can create heat that can melt artificial turf. o Staff Response: Screening requirements for playscapes, sports fields, and other similar recreational fields have been adjusted to not hinder safety issues. • In street yards, could we use more 3 gallon or 1-gallon shrubs to meet planting requirements? It can be difficult to find 5 gallons plants with heavy demand on suppliers. o Staff Response: Current UDC minimum planting requirements for shrubs are 1 gallon, no changes are proposed to the requirements. • Ornamental trees can still block signage. Can more shrubs be used instead of ornamenta l trees? o Staff Response: UDC would just provide flexibility on location on ornamental trees that should address this concern. Page 36 of 70 Amendments to City of Georgetown Unified Development Code Survey 1 / 2 Q1 Do the proposed UDC amendm ents addres s the identified is s ues ? Yes Q2 Are the proposed changes easy to unders tand? Yes Q3 Do you need more information? No Q4 If y es, pleas e prov ide y our c ontac t information below: no Q5 Please prov ide any additional comments below. Inc reas e how often pruning permits are rev iewed #1#1 COMPLETECOMPLETE Col lector:Col lector: Web Link 1 Web Link 1 (Web Link )(Web Link ) Started:Started: Tues day, J anuary 26, 2021 10:32:22 AMTuesday, J anuary 26, 2021 10:32:22 AM Last Modified:Last Modified: Tues day, J anuary 26, 2021 10:33:48 AMTuesday, J anuary 26, 2021 10:33:48 AM Time Spent:Time Spent: 00:01:2500:01:25 IP Address:IP Address: 69.7.160.14669.7.160.146 Page 1 Page 37 of 70 Amendments to City of Georgetown Unified Development Code Survey 2 / 2 Q1 Do the proposed UDC amendm ents addres s the identified is s ues ? No Q2 Are the proposed changes easy to unders tand? Yes Q3 Do you need more information? No Q4 If y es, pleas e prov ide y our c ontac t information below: Respondent skipped this question Q5 Please prov ide any additional comments below. Tree mitigation requirements s hould be allowed in lots . Protected trees are 12" and abov e, however mitigation c redits are only giv en for trees 18" and abov e. This inconsistency s hould be fix ed. #2#2 COMPLETECOMPLETE Col lector:Col lector: Web Link 1 Web Link 1 (Web Link )(Web Link ) Started:Started: Wednesday, February 03, 2021 4:05:05 PMWednesday, February 03, 2021 4:05:05 PM Last Modified:Last Modified: Wednesday, February 03, 2021 4:11:41 PMWednesday, February 03, 2021 4:11:41 PM Time Spent:Time Spent: 00:06:3500:06:35 IP Address:IP Address: 70.112.239.20870.112.239.208 Page 1 Page 38 of 70 Amendments to City of Georgetown Unified Development Code Survey 1 / 5 50.00%1 50.00%1 0.00%0 Q1 Do the proposed UDC amendments address the identified issues? Answered: 2 Sk ipped: 0 TOTAL 2 Yes No If no, pl ease expl ain. 0%10%20%30%40%5 0%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No If no, please explain. Page 39 of 70 Amendments to City of Georgetown Unified Development Code Survey 2 / 5 100.00%2 0.00%0 0.00%0 Q2 Are the proposed changes easy to understand? Answered: 2 Sk ipped: 0 TOTAL 2 Yes No If no, pl ease expl ain. 0%10%20%30%40%5 0%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No If no, please explain. Page 40 of 70 Amendments to City of Georgetown Unified Development Code Survey 3 / 5 0.00%0 100.00%2 Q3 Do you need more information? Answered: 2 Sk ipped: 0 TOTAL 2 Yes No 0%10%20%30%40%5 0%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No Page 41 of 70 Amendments to City of Georgetown Unified Development Code Survey 4 / 5 Q4 If yes, please provide your contact information below: Answered: 1 Sk ipped: 1 Page 42 of 70 Amendments to City of Georgetown Unified Development Code Survey 5 / 5 Q5 Please provide any additional comments below. Answered: 2 Sk ipped: 0 Page 43 of 70 Page 44 of 70 Page 45 of 70 Page 46 of 70 Page 47 of 70 Page 48 of 70 Page 49 of 70 1 Tree Preservation and Landscape Standards Adjustments and Clean-up UDC Advisory Committee April 14, 2021 Page 50 of 70 2 Purpose •Discussion on possible amendments to the Unified Development Code (UDC) related to tree mitigation options. Page 51 of 70 4 City Council Workshops •Feb 9 -Tree Preservation, Removal and Mitigation •No changes to proposed terms and recommended amendments •Two (2) new items for consideration 1)Consider allowing smaller trees (smaller than 6 inches) to be counted as credit trees 2)Explore the option of allowing trees planted on residential lots as on-site replacement trees •Mar 23 -Street yards, gateway and parking, and screening and water conservation to be discussed at the next meeting •No changes to proposed terms and recommended amendments Page 52 of 70 5 Amendment Process CC update and discussion CC update and discussion UDCAC intro to new issues UDCAC vetting of new issues Public review of new issuesDraft Ord. UDCAC and P&Z rec. to City Council City Council Approval UDCAC and City Staff begin to prepare draft amendments. JulMayMarFeb Apr Jun Page 53 of 70 11 TP.11 –Tree Mitigation Options Issue:Consider additional options for tree mitigation. Proposed Terms:1.Divide Protected Trees into two classes. 2.Removals in excess of allowable removals trees = standard mitigation plus 50%3.Clarify that mitigation by “On-Site Replacement Trees” shall first be considered foremost, within site feasibility limitations, other mitigation options.4.Developer shall provide a letter of intent which identifies the project trigger for mitigation plantings are to be installed. •City will draft standard language to be included with letter of intent to address review of plantings and return of mitigation paid. Background: Current options include: •On-site replacement •Fee-in-lieu •Aeration & Fertilization •Off-site replacements (not commonly used) UDC Sections Affected:8.02.030.E.2.b, 8.02.040.C , 8.02.040.C.4.b and c, 8.05.010.A.3, and 8.05.020.A.4 Current Tree Classifications Proposed Classifications* Protected 12”+$150 Protected 12”-18”$125 Protected 18”+$175 Heritage 26”+$200 Heritage 26”+$225 Page 54 of 70 12 TP.11.1 –Tree Mitigation Options Issue:Consider allowing existing trees with a DBH smaller than 6 inches as credit trees for mitigation purposes. Georgetown Requirements: •Existing trees that are at least 6 inches and no more than 11 inches at 4.5 feet above ground that remain are considered credit trees and may be credited toward the required mitigation trees. •Credit trees may apply towards a maximum of 75% of the required mitigation inches for protected trees (all trees 12 inches in diameter at 4.5 feet above the ground). •Excludes Hackberry, Chinaberry, Ashe Juniper (cedar), Chinese Tallow, and Mesquite. •Will also exclude Mountain Cedar, Blueberry Juniper, Post Cedar, Chinese Tallow. •Credit trees may not be used towards mitigation for heritage trees(certain trees 26 inches or more in diameter at 4.5 feet above the ground). Background: •Existing trees with a DBH of a minimum of 6-in and no more than 11-in that remain on site are considered credit trees and may be credited toward the required mitigation trees. •Minimum size for new trees is 3-in DBH UDC Sections Affected:8.02.040 Page 55 of 70 13 TP.11.1 –Tree Mitigation Options Other Cities requirements: •Cedar Park –Between 6 and 8 inches •Round Rock –Between 3 and 8 inches; Max allowed credit tree inches appliable to Mitigation is 50% City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40+ Georgetown Austin Cedar Park Leander Round Rock San Marcos Pflugerville Credit Tree Classification Lower than GT Protected Tree Equivalent Heritage Tree Equivalent Classification Higher than GT $ Mitigation Fee per Inch $300 Diameter at Breast Height (inches) $300 $450 $323$163 $150 $450 $300 $150 $300 $225$175$125 $150 $600 $450$300$150 $100 $200 Page 56 of 70 14 TP.11.1 –Tree Mitigation Options Issue:Consider allowing existing trees with a DBH smaller than 6 inches as credit trees for mitigation purposes. Other Requirements and Processes Impacted: •Subdivision Plat, Site Development Plan, Stormwater Permit •Tree Survey typically only includes trees required to be protected, and any that may be used for credit (6 to 11 inches). •Issues: •Smaller trees are not surveyed due to time and cost. •Tree Care •Issues: •Existing smaller trees are less likely to survive due to lack of water resource, unestablished root system, and impacts of construction process. Background: •Existing trees with a DBH of a minimum of 6-in and no more than 11-in that remain on site are considered credit trees and may be credited toward the required mitigation trees. •Minimum size for new trees is 3-in DBH UDC Sections Affected:8.02.040 Page 57 of 70 16 TP.11.1 –Tree Mitigation Options Issue:Consider allowing existing trees with a DBH smaller than 6 inches as credit trees for mitigation purposes. Possible Solutions:1.Smaller trees to be used as credit trees will need to be surveyed and included in the Tree Preservation Plan. 2.Smaller trees may be counted based on location (i.e. undisturbed areas), health, survival rate, and potential impact from construction. In no case shall the tree be smaller than 3 inches at 4.5 feet above ground. 3.Provide alternative option-when smaller trees are counted, all on-site credit trees may be counted at a reduced mitigation ratio (i.e. 0.5:1 inch ratio); or at an increased basis for percentage of total diameter inches removed (i.e. 60% of protected trees). Background: •Existing trees with a DBH of a minimum of 6-in and no more than 11-in that remain on site are considered credit trees and may be credited toward the required mitigation trees. •Minimum size for new trees is 3-in DBH UDC Sections Affected:8.02.040 Page 58 of 70 17 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. State Law Requirements (LGC Sec 212.095): •Restricts municipalities from requiring payment of a tree mitigation fee for the removal of a tree: •on a property that is an existing one-family or two-family dwelling that is the person's residence; and •is less than 10 inches in diameter at the point on the trunk 4.5 feet above the ground. •Where tree mitigation fee is imposed, municipalities must provide the option to allow for a credit of tree planting to offset the tree. To qualify, the tree must be: •planted on property for which the tree mitigation fee was assessed; or •on property mutually agreed upon by the municipality and the person; and •at least 2 inches in diameter at the point on the trunk 4.5 feet above ground. •Municipalities may not prohibit the removal of a tree that “…poses an imminent or immediate threat to persons or property” Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 59 of 70 18 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. Georgetown Requirements (UDC Sec 8.02): •Requires approval for the removal of a heritage (certain trees 26 inches or more in diameter at 4.5 feet above the ground) tree on residential property platted after 2007. •Requires approval for the removal of a heritage or protected (all trees 12 inches in diameter at 4.5 feet above the ground) tree on non-residential property. •When on-site replacement option is selected: •New trees may only be counted to meet non-residential landscape requirements. •Trees to be planted are required to be identified on the plans in accordance with the UDC’s plant selection, installation and maintenance requirements. •This is typically done at time of Site Development Plan or Stormwater Permit when site design is finalized and it is known where new trees may be planted. •These permits are not required for single-family or two-family residential lots. Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 60 of 70 19 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. Residential Landscape Required •One shade tree is required for every 50' of lot frontage •Frontage does not include driveway •Existing trees saved count toward the requirement •Must be at least a 3-inch caliper tree •Trees shall have at least one bubbler installed per newly installed tree. Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 61 of 70 20 TP.11.2 –Tree Mitigation Options Other Cities requirements: •All cities require that tree mitigation be completed by replacement trees to be planted on-site. City 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40+ Georgetown Austin Cedar Park Leander Round Rock San Marcos Pflugerville Credit Tree Classification Lower than GT Protected Tree Equivalent Heritage Tree Equivalent Classification Higher than GT $ Mitigation Fee per Inch $300 Diameter at Breast Height (inches) $300 $450 $323$163 $150 $450 $300 $150 $300 $225$175$125 $150 $600 $450$300$150 $100 $200 Page 62 of 70 22 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. Other Requirements and Processes Impacted: •Subdivision Construction Plans •Tree Preservation Plan must include a tree mitigation plan, which identifies location of on-site replacement trees. •Issues: •Exact location of building, driveways and other improvements are not known as this is to be determined by the builder. •Tree Preservation Plan would need to include where all new trees will be planted in accordance with UDC’s plant selection, installation and maintenance requirements. Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 63 of 70 23 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. Other Requirements and Processes Impacted: •Building Permit •Residential building permits require a general landscape plan •Issues: •Building permits only required in the city limits. •Builders are unaware of approved Tree Preservation Plan. •Builders occasionally allow future homeowners to do own landscaping. •On-site replacement tree would be in addition to the minimum landscape standards under current standards. •Landscaping is not included in final inspection of home. •New review (tracking) and inspection would need to be added to building permit process. Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 64 of 70 24 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. Other Requirements and Processes Impacted: •Tree Removal Permit •Only required for removal of heritage trees. •Issues: •No review/approval process for the removal of other trees. •Removal review process would be needed to ensure mitigation measures are still being met on residential lots. •Minimum size tree to be planted must be at least 3-in in diameter at 6-inches above the ground; however, municipalities cannot impose a mitigation fee to a homeowner who removes a tree that is less than 10 inches in diameter at 4.5 feet above the ground. •Trees planted for mitigation may be removed at any time thus nullifying this mitigation. •No measures exist to monitor trees on residential lots for compliance with city code requirements Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 65 of 70 25 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. Other Requirements and Processes Impacted: •Tree Care •Maintaining life and health of tree. •Issues: •Homeowners will not properly maintain tree. •Watering issues. •Homeowner opts to change landscape on property (i.e.xeriscape). •Tree may be removed, which would not be reviewed by the municipality as no process exists for non-heritage trees. •Utility and other improvement conflicts (i.e.widening of driveway) •Tree placement issues (i.e.tree was planted too close to the house). Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 66 of 70 26 TP.11.2 –Tree Mitigation Options Issue:Explore the option of allowing trees planted on residential lots as on-site replacement trees. Possible Solutions:1.Continue to limit on-site replacement trees to public areas (i.e.ROW, amenity lots, stormwater facility lots, and open space lots) 2.New residential trees in excess of existing requirements as defined in sec. 8.03.020, may only receive partial credit for tree mitigation (city limits only). 3.Limit maximum credit per lot based on 30-foot on-center plantings. 4.New trees must be planted in the street yard within a private landscape easement to be dedicated to the POA/HOA for maintenance. Landscape easement must be depicted on the Plat. 5.Only permitted for subdivisions in the city limits. •Property in the ETJ would be limited to amenity lots, stormwater facility lots, and open space lots. Alternative Options:1.Allow trees to be planted within the right-of-way in a landscape median or between the curb and sidewalk with an approved maintenance agreement between the governmental agency and property owners and successors. Background: •On-site replacement trees have been accepted on sites that are common areas or subject to non-residential review standards and enforcement. UDC Sections Affected:8.02.040 Page 67 of 70 27 Next Steps CC update and discussion CC update and discussion UDCAC intro to new issues UDCAC vetting of new issues Public review of new issuesDraft Ord. UDCAC and P&Z rec. to City Council City Council Approval UDCAC and City Staff begin to prepare draft amendments. JulMayMarFeb Apr Jun Page 68 of 70 28 Requested Feedback •What additional information/resources do you need for the next meeting? Page 69 of 70 City of Georgetown, Texas Unified Development Code Advisory Committee April 14, 2021 S UB J E C T: Update on the Unified Development C ode (UDC ) amendment proc es s , and the 2020 UDC Annual R eview P lan, S chedule and Next S teps -- Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager IT E M S UMMARY: T he purpos e of this item is to dis cus s the Unified Development C ode (UDC ) amendment process, and provide an update on the UDC Annual R eview P lan, tentative s chedule and next s teps. In addition, C ity S taff and members of the UDC AC will disc uss the tas ks identified at the previous meeting, as well as new tas ks to be c ompleted for the next meeting. F eedbac k and information received on eac h task will be inc orporated when related UDC topics are sc heduled and presented for disc ussion. F IN AN C IAL IMPAC T: None s tudied at this time. S UB MIT T E D B Y: Andreina Dávila-Q uintero, AI C P, C urrent P lanning Manager Page 70 of 70