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Staff was directed to finalize the language with the City Attorney and bring forward the proposed ordinance to the Planning Commission for the first review and to hold a public hearing. At their November 9, 2022 meeting, the Planning Commission held the required public hearing for the draft ordinance and voted to recommend approval of the Zoning Code Amendment by a 6-1 vote. Overview of Ordinance Amendments Staff has prepared a draft ordinance showing stricken language to be deleted and new language added in red font for your review (Attachment A). The general consensus of the City Council was that the current ordinance language is narrowly focused on tree preservation. The city code defines landscaping as "plantings such as trees, grass, shrubs." Under the tree preservation ordinance as written, the City Attorney confirmed that the tree fund or a fee in lieu of planting may only be used for tree related expenses. The Council noted that there are projects (i.e. parks, right-of-way) in the City that could be considered or in need of all types of landscaping as defined in the ordinance (i.e. trees, grasses, shrubs). The City Council requested Staff develop language that would be broadened the ordinance to include items, such as, landscaping or other green spaces. The proposed amendments would add language applicable to all zoning districts that revises and updates the City's current tree preservation ordinance to restate when a mitigation plan is required for extensive tree removal on a parcel of land, what is required of a landscape plan and the calculation of fees for tree loss when replanting on the affected site is not practical, and clarifies that those collected fees can be expended for tree and landscape purposes. To be clear, the proposed amendment is not modifying the minimum requirements for tree preservation and/or replacement. Instead, the draft language is intended to add language within the landscaping and tree preservation sections of the city code to allow for both forms of plantings to function as one "landscaping fund" in satisfaction of the ordinance going forward. It should be noted that any tree funds remaining will need to be kept separate and still need to be spent solely on tree related expenses. The applicable Sections are as follows: • Adding language: Section 1325.05 - Design Standards o Subd.1.C.7 o Subd.1.D.2 Adding language: Section 1325.055 - Tree Preservation o Subd. 1.A.3 and 4 o Subd. 6.A.3.c through e Additional Review N/A Findings of Fact The City Council must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings of fact for consideration: 1. The City of Arden Hills is proposing to amend ordinance language applicable to all zoning districts that would revise and update the City's current tree preservation ordinance to include items, such as, landscaping and other green spaces. Page 2 of 3