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2015_1116_CCpacket
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Attachment B <br />151 Member Bull opined that it was typical of the city's general policy that went along with the ordinance; with <br />152 Mr. Gozola stated that it was similar to a drainage or other plan who will review the plan but thaYs not <br />153 clearly stated. However, Member Bull noted that it does say it will be approved by the city engineer; with <br />154 Mr. Paschke noting that some areas may specify it but not to the magnitude currently being discussed. <br />155 Page 3, Section B(applicability), paragraph 3, Chair Boguszewski suggested adding a new number <br />156 (after line 104) such as: "In all instances where submissions by a registered forester or certified arborist <br />157 are required, submissions will be reviewed or approved by city staff and/or contractors with equivalent <br />158 credentials." <br />159 Page 5, Section F(incentive multipliers), starting at line 149, Member Bull questioned the incentive <br />160 multipliers based on his review of the example summary table (page 8, line 240), stating his preference <br />161 to see not only a multiplier to encourage preservation of large trees but also a disincentive to exceed a <br />162 certain amount or to receive additional credit for exceeding preservation of larger and/or heritage trees, <br />163 suggesting the multiplier doubling if they go over the percentage depending on the type of tree. <br />164 Discussion ensued about disincentives built in through the multiplier in addressing those calculations; <br />165 current language on heritage trees; and recognizing some cases where a developer or property owner <br />166 can't work around removing trees in attempting to meet city code for setbacks, access, etc. <br />167 Mr. Gozola stated that the intent of the ordinance is to tag noncompliance but not to bludgeon <br />168 developers. <br />169 Member Murphy agreed, using the Cherrywood Point development as an example and inability to <br />170 construct it without removing trees. While understanding the need for disincentives if other options are <br />171 available, Member Murphy opined there was also a need to create large disincentives that make if <br />172 impossible for a developer to do a project, or to make them pay through the nose to do so. <br />173 Member Bull clarified that he was not saying they couldn't do the development, but some other provision <br />174 was needed (e.g. payment in lieu or relocating trees on other city properties) allowing them to make <br />175 amends off-site if not on-site. <br />176 Chair Boguszewski stated that he shared the concerns of Member Murphy related to incentives and <br />177 calculations. At the request of Chair Boguszewski, Mr. Gozola confirmed that the proposed language as <br />178 currently written was their recommendation and not weak based on their research with other ordinances <br />179 that were requiring a great deal of replacement and/or cash in lieu of if going that route, but by upping <br />180 the disincentive calculations, he opined that it would make developers or property owners pay the <br />181 maximum if involving a heavily-wooded site. <br />182 Member Bull emphasized the examples used in the charge if exceeding specimen trees, their removal <br />183 and/or replacement in caliper inches; with Mr. Gozola clarifying that example based on saving more <br />184 heritage trees than required and therefore not requiring additional replacement. Member Bull further <br />185 debated the current calculations using various examples. <br />186 Mr. Rehder opined that Mr. Gozola had taken a novel approach with the current incentive calculator that <br />187 should provide more than sufficient incentive, but allow a slap if you go beyond it. Mr. Rehder further <br />188 opined that the two multipliers definitely served to address the concerns expressed by Member Bull; and <br />189 that the threshold had been met on the development side and by comparison. Mr. Rehder stated there <br />190 was never going to be a situation not needing replanting or planting elsewhere, but this allowed it to be <br />191 addressed; and while the scenario used by Member Bull may appear to come out that way, he thought <br />192 replacements would always be needed. <br />193 Member Bull noted however, that there was no ordinance language requiring it. <br />194 In defense of Member Bull's concerns, Member Cunningham noted the considerable public comments <br />195 and concerns with proposed development and their surprise that if you remove a tree you don't need to <br />196 replace it. Member Cunningham noted the pressure from the public and for the Planning Commission to <br />197 ensure replacement for anything removed. Member Cunningham stated that she would be comfortable <br />198 increasing the calculation, but wasn't sure if she could support a calculation up to 4.0. <br />199 Chair Boguszewski noted the need to balance the city's standing and authority to reach into private <br />200 development at one extreme and not being able to enter into it at all and not telling private property <br />201 owners what to do. Chair Boguszewski opined that if the current language could be used without it <br />202 seeming too punitive, it provided a good balance. Chair Boguszewski further noted that no matter the <br />
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