2.7.3360 Tree Preservation and Rock Outcropping Standards

2.7.3360 Tree Preservation and Rock Outcropping Standards.

A. Applicability. The following preservation and landscaping standards are required in addition to the requirements in BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls.

1. For sites two acres or larger, at least 50 percent of all trees measuring 24 inches in diameter or greater as measured four feet above the ground (known as DBH, “diameter at breast height”) must be retained on site unless exempted in subsection (B)(4) of this section.

2. Site Plan Review Incentives. As part of a site plan review application under BDC 4.2.500, the City may allow one or more of the following incentives when more than 50 percent trees with a DBH of 24 inches are preserved:

a. Reduction of setbacks up to 30 percent.

b. Increased lot coverage up to 20 percent.

c. Reduced landscape coverage up to 10 percent.

d. A 10-foot increase in building height above the height of the underlying zone and in addition to the increase in building height allowance for affordable housing units per BDC 3.6.200(C)(4)(b).

3. Land Division Incentive. As part of a land division application, the City may allow the following incentive when more than 50 percent of individual trees with a DBH of 24 inches are preserved on the development site:

a. Reduction to lot dimensions, including lot size, by up to 10 percent.

4. Exemptions. Trees protected under subsection (B) of this section may be removed only if:

a. The minimum density for the zone cannot be met after exhausting all available incentives in subsections (B)(2) and (3) of this section, as demonstrated on the Tree Protection Plan. In this case, up to 70 percent may be removed to accommodate the minimum density. For housing projects, including needed housing projects, the developer must make a request in writing in order for the City to apply the exception as a discretionary alternative.

b. A site undergoing development review includes a public facility or school and the removal of trees with a DBH of 24 inches or greater is necessary to accommodate buildings or accessory uses (e.g., ball fields) as demonstrated on the Tree Protection Plan. Trees not within the building footprint or footprint of the accessory use(s) must be retained.

c. The trees are located within an existing public right-of-way, in existence on the date this code becomes effective (May 21, 2021).

d. The trees are located within an existing or proposed arterial or collector identified in Figure 2.7.3370-1, Street Plan for Southeast Area Plan.

C. Rock Outcrops. Existing on-site rock outcrops, defined as lava rocks or clusters of naturally occurring lava rock that are incorporated into the development’s landscaping that do not qualify as significant rock outcrop areas, may be credited toward meeting the minimum landscape area standards in BDC 3.2.300(C). Credit will be granted based on the total square footage of the preserved rock outcrop area.

D. Significant Rock Outcrop Areas. Significant rock outcrop areas are defined as rocks or clusters of naturally occurring rock that (1) have at least one point a height of at least eight feet from the surrounding terrain, and (2) are over 3,000 square feet in area.

1. Mapping Required. Significant rock outcrop areas must be identified in an inventory and a map, and included with a development application.

a. No development may occur in a significant rock outcrop area except pedestrian amenities, multi-use trails, and multi-use paths, or unless exempted in subsection (D)(5) of this section.

b. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials are prohibited within a significant rock outcrop area, except as approved in writing by the City for installation of streets and public utilities that are located within public and/or private streets and/or easement. Such approval will only be granted after the City concludes in writing that there is no other reasonable alternative to avoid the protected area. The written approval must include the specific facts that support the conclusion.

3. Site Plan Review Incentives. As part of a site plan review application under BDC 4.2.500, the City may allow one or more of the following incentives when a significant rock outcrop area is preserved:

a. Reduction of setbacks up to 30 percent.

b. Increased lot coverage up to 20 percent.

c. For public facilities, an increase in maximum parking by up to 15 percent.

d. Reduced landscape area requirements. Significant rock outcrop areas may be credited toward meeting the minimum landscape area standards in BDC 3.2.300(C). Credit will be granted based on the total square footage of the preserved area.

e. A 10-foot increase in building height, above the height of the underlying zone and in addition to the increase in building height allowance for affordable housing units per BDC 3.6.200(C)(4)(b).

4. Land Division Incentive. As part of a land division application, the City may allow the following incentive when a significant rock outcrop area is preserved:

a. Reduction to lot dimensions, including lot size, by up to 10 percent.

a. If a significant rock outcrop area exceeds more than three percent of a total development site area, the area in excess of three percent may be developed and is not subject to the protection standards in subsection (D)(2) of this section.

b. Where the minimum density for the zone cannot be met without removing significant rock outcrop areas after exhausting all available incentives identified in subsections (D)(3) and (4) of this section as demonstrated in an inventory and map. For housing projects, including needed housing projects, the developer must make a request in writing in order for the City to apply the exception as a discretionary alternative. Significant rock outcrop areas not located within the building footprint or footprint of the accessory use(s) or accessory structure(s) must be retained.

c. Significant rock outcrops located within a public right-of-way in existence on the date this code becomes effective (May 21, 2021) are not required to be preserved under these regulations. [Ord. NS-2462, 2023; Ord. NS-2405, 2021]