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Home My WebLink AboutMiscellaneousMEMORANDUM TO: Planning and Zoning Commission FROM: Sabine Kuenzel, Senior .Planner DATE: August 30, 1995 RE: Discussion of ordinance amendment -tree cutting By now I' m certain that many of you are aware of the recent tree cutting at Winn Dixie Shopping Center. Attached please find a copy of the newspaper article regarding the action. In summary, the City currently .has-no ordinance restrictions. against the cutting of trees. At .this time, the best that we have been able to do is to require that any landscaping that is removed from a developed site be replaced and that the new landscaping: be in accordance with. the ordinance that was in place at .the time a site was approved. Due. to the fact that a large' number of citizens responded negatively to this most recent act, Staff .believes that. mach of the community would favor an ordinance amendment that would protect trees. The current ordinance requires that landscaping. be put in upon development of a site. At the time a site plan is .approved, all of the trees that are within the first 24' of the frontage of a tract that are four inches in caliper or larger must be saved. However, this provision .does. not preclude a property owner from cutting trees. down before an application. for development is made. It also does nothing to save .trees located on the interior of tracts, nor are undeveloped tracts. addressed. Staff is requesting input and direction regarding an ordinance amendment. So far, we have found the following possibilities: 1. Change the Zoning Ordinance to require that on developed sites where the landscaping is to be changed, that all current points be required. With the recent adoption of Streetscape requirements, this option would translate to an additional point. requirement above the original landscape assessment. and possible parking screening. Staff is currently checking with the Legal Department to make sure that such an alternative would be legally sound and if an ordinance change would be necessary. 2. Change the Zoning Ordinance to require that all landscaping put in as a part of site plan approval be .maintained .and that trees put in as a part of the points required cannot be cut down without special permits. 3. Change the Code of Ordinances. to .require a special permit for removal of any trees that are four inches in caliper or larger and are on the local list of native trees. Timb¢r! Tree replacement causes stir in College Station pag¢ A9 ruses College }~ ~'.;` "~~~Y f k y5.. ,~ ~i . ~ ~_ ~ <- ya ~ ~:~, =r. r~ti'::..~~..-. ~ : °t ,L,. - - _ `! ~.~: ` -,.` : __ By HUGH SIMONICH Eagle staff writer A toppled forest in Park Place. Plaza. has prompted several citi- zens to call College Station city officials,. concerned about he .mass cutting in the shopping cen- ter where the Winn Dixie used to be. The plaza's managemenf hired James Vanya to cut down almost 60 large trees there to make room for new, less obtrusive: landscap- ing. He started Monday. Sabine Kuenzel, senior planner for the city, said' Vanya's actions were within the legal limits, but she. said he .violated t]'ie intent of the city's landscaping ordinance. Kuenzel said Vanyai asked-the planning department last ~iday if could "replace some trees in order to increase the visibility into the center." Although;Uanya is not violating any law, Kuenzel believes that the intenf of the law was c~iolated. "We're always restricted by the exact verbiage of ordinances," says Kuenzel. "There was nothing in (the ordinance) ;that gave me any authority to tell them to stop." The intent of the present ordi- Hance is to keep .College Station looking beautiful through. estab- lished landscaping practices. Kuenzel said it will take many years for the area to-regain its aes- ' thetc value. The present ordinance outlines how landscaping can be done by valuating the land with a point sbstem. According to the city, trees, plants and flowers all'' have a dif- ferent point value and land own- ers. falling under these :require- ments .must meet a' minimum otion level of landscaping points. The city is working on a way to amend the ordinance to prevent this sort of thing from happening again. `The new ordinance will pre- vent anyone in College .Station from cutting down. any trees with- out apermit," says Kuenzel. John Sleeper, the landlord of the shopping center, hired Vanya to cut the trees down. Sleeper said the plaza..ls .under new and aggressive ownership.. - The owners believe that in order to attract new tenants, the land- scaping has to be redone to give, better visibility. "Potential tenants -are very excited about the location and facilities, but the main ~ problem they had was the visibility into the shopping center," says' Sleeper. "The plaza was 50 per- cent dead when. Winn ' Dixie moved out. blow it is 80 percent dead." According. to Kuenzel, the. city requires a maintenance of 11,824 landscaping points for the plaza. Fifty percent of those points must be canopy trees at least one and a half inches in diameter around the trunk. Sleeper said the new landscap- ing will not only restore the point requirement,, but will put back 15,000-16,000 points, giving 'the plaza a more full and `colorful look: "I think that when. everything is done, people will enjoy the new beauty of the center," says Sleeper. "The owners themselves are committed to making this cen- ter one of the best in the area." Kuenzel said in the meantime, the city will make sure the new landscaping at the plaza is done accurately. Eagle photosButch Ireland n. Above, while a bulldozer clears away tree limbs, sown. The plaza is being landscaped to provide bet- ree chipper. MEMORANDUM TO: Planning and Zoning Commission FROM: Sabine Kuenzel Senior:Planner e. DATES December 1, 1995- REt Additional discussion of protection of landscaping. on existing commercial sites Earlier. this year, the Commission discussed a possible change to the City's Zoning Ordinance pertaining to' existing landscaping on commercial sites. The Commission had determined that 'certain reasonable requirements should be .added to .prevent site owners from completely .changing landscaping repeatedly., thus not giving trees a chance to grow and become :well-established. The -City Staff has had _further discussions and plans to .talk to representatives.. from the community. We are: recommending that if new landscaping is being proposed. that .will :constitute the removal of 25 % of the .original landscaping :'that was installed, that .the new_ plan be submitted for Planning and Zoning. Commission review. In this fashion, the public will receive notice, and the Commission will: have .the authority to require maintenance of specific trees and in some instances to require site upgrades including additional points. i This item is included as a discussion. point to .gain input from the .Commission relating to .this specific recommendation. QX Regular Item. Consent .Item Statutory Item Item Submitted By: Sabine Kuenzel. Senior Planner For Council Meeting Of: November 9. 1995 Director Approval: Executive Member Approval Item Summary: Recently, it has come to Staffs attention that it is possible under the current Zoning Ordinance to completely remove existing mature landscaping from a site and. replace it with small, new trees that do Kittle to improve the aesthetics until the plantings undergo substantial growth. Further, there is nothing in the regulations that woufd prevent constant replanting on any. given site. Financial Siummary: N/A Staff. Recommendation.: To change... the Zoning Ordinance to build in disincentives for the removal of established landscaping. The Planning and Zoning Commission recommended that any ordinance change should protect existing, approved landscaping. but not be too restrictive. o:Dev Serv/cvshU95-810-2 i City Attorney Recommendation: No concerns expressed at this time. Should. Staff receive direction to change the ordinance, Legal Staff will prepare the actual draft document. Council Action Desired: Direction regarding an ordinance change Supporting Materials: 1. Memorandum. to the P&Z 2. P&Z minutes 3. Newspaper article o:Dev Serv/cvshU95-810-2