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HomeMy WebLinkAboutMilton Tree Preservation Committee Meeting 10 29 08Minutes The Milton Tree Preservation Committee Wednesday, October 29, 20o8 at 3:30 P.m. MEETING LOCATION: Milton City Hall Executive Conference Room—Suite 107-G COMMITTEE MEMBERS IN ATTENDANCE Roger Festa Stephanie Holcomb (Sitting in for husband David Holcomb) Adam Orkin Scott Gronholm Diane Palmer COMMITTEE MEMBERS NOT IN ATTENDANCE Cherilyn Allen Zack Middlebrooks GUEST ATTENDEES Joe Padilla MILTON STAFF IN ATTENDANCE Mark Law, City Arborist Alexandria Hancock, Community Development Intern AGENDA 1) Call to order 2) Approval of the minutes September 24th meeting. 3) Tree Removal Permit Letter 4) Tree Removal Permit Application 5) Draft Ordinance 6) Administrative Guidelines 7) Comments 8) November/December Meetings 9) Adjournment Minutes Milton Tree Preservation Committee October 29, 20o8 Page 2 of 13 CALL TO ORDER ➢ Meeting called to order by City Arborist, Mark Law INTRODUCTION APPROVAL OF MEETING MINUTES The September meeting minutes were approved by the Committee. GENERAL COMMENTS: Mark Law Waiting to get draft of ordinance approved ➢ Will email and get responses DRAFT ORDINANCE Mark Law ➢ Have looked at many ordinances ➢ Have come up with a draft. ➢ Regarding authority and applicability, any comments? ➢ Definitions, added a bonified agricultural use. ➢ As identified by the CDD. ➢ True agricultural activity should not be threatened in Milton by proposals for commercial -type development. Adam Orkin ➢ Focus is not on developing 1 acre lots; the issue is for uses like horse farms. Roger Festa ➢ We are cutting definitions down a little, correct? *Scott Gronholm, Diane Parker, and Alice Wakefield enter meeting Mark Law ➢ Let us jump back to the agenda. ➢ Did everyone have a chance to read the permit? Minutes Milton Tree Preservation Committee October 29, 2oo8 Page 3 of 13 Adam Orkin ➢ Discussion about protocol of the meetings? ➢ Stated to Diane that typically the city council elects the committee, committee agrees on a consensus of recommendation. ➢ Recommendation then goes to council who approves or denies. ➢ We should discuss issues among ourselves so we are not going to council with questions. Roger Festa ➢ If committee does not agree about issues, they should be resolved or talked about among the committee instead of exposing to council the dispute of issue. Adam Orkin ➢ The issue of clearing land for pasture or crops is different than clearing for a house. ➢ We should have more discussion on horse farms or raising crops in AG -1 to go along with Diane and Scott's concerns. Roger Festa ➢ Like in Florida, a form would be something to look into copying or modifying in order to profiting uses. Scott Gronholm ➢ Measuring those two trees outside, they are 10" and 8" caliper trees. ➢ Milton residents would have to apply and take up to half an hour for a permit for each of those. Diane Palmer ➢ Adam had talked about undeveloped property being treated differently. Alice Wakefield, Community Development Director ➢ If the goal is the preservation of trees, it will be painful for some. ➢ The fairest way to do it is to have everyone come in and do an application. ➢ It will be hard for us to be fair and equitable. ➢ It will be easier to require it of everyone. Joe Padilla ➢ In Woodstock, they have a requirement that everyone who has to pull a tree down have to have a permit. Scott Gronholm ➢ What size is a tree? Minutes Milton Tree Preservation Committee October 29, 20o8 Page 4 of 13 Mark Law ➢ 2" or larger is considered a tree Mark Law ➢ In response to Diane on specimen trees, those are handles separately. ➢ We are talking about smaller trees. ➢ We limit what we're allowed to take out per year. ➢ A person calls about taking 1 tree out, but a site visit reveals that 21 trees have come out. ➢ This is about controlling and being aware of all tree removals. ➢ Lots of activity is going on that we are not aware of. Roger Festa ➢ Tree cutting ordinance or tree preservation ordinance? ➢ Your rights are limited to how it affects the people around you. ➢ Devaluation of the city, erosion control, and air quality is not a right of a citizen. Adam Orkin ➢ Can I table what I said about separating commercial agricultural business with an application? Roger Festa ➢ I am for that Scott Gronholm ➢ I am not for everyone cutting down trees, but I am concerned about people looking at the ordinance and say, "that's ridiculous". Alice Wakefield, Community Development Director ➢ Keep in mind the letter is a draft Mark Law ➢ This is not a letter to be sent out Alice Wakefield, Community Development Director ➢ One of the things Mark and I talked about was the education side of it, brochures and that. Diane Palmer ➢ We need to rely on our citizens to have common sense. Minutes Milton Tree Preservation Committee October 29, 2008 Page 5 of 13 Adam Orkin ➢ Important for us to do the right thing ➢ There will be people that are doing the wrong thing. ➢ Staff cannot watch every tree. Roger Festa ➢ It is hard to get people to do permits Mark Law ➢ I think we need a permit to remove trees. ➢ We need to keeping people in check. ➢ Do we have a problem with having a tree permit? o agree to have a permit Scott Gronholm ➢ The bar needs to come down for requirements of permit o agreed Diane Palmer ➢ What about dead trees? Roger Festa ➢ You have to get a permit ➢ But you do not have to pay anything Mark Law ➢ Take a picture ➢ Have it documented (i.e., get a letter from a certified arborist, etc.) Adam Orkin ➢ Bad precedent. You have to have a permit, but what are the parameters? ➢ What is the size of the tree to make it too small? Roger Festa ➢ There is supposed to be 15% coverage on a single-family lot. Diane Palmer ➢ I want the ordinary homeowner and the ordinary developer not to be made to have a hard time, but it's the bad developer. Minutes Milton Tree Preservation Committee October 29, 2008 Page 6 of lg Scott Gronholm ➢ Say I don't have any trees on a lot, so I plant trees. ➢ Five years Joe Padilla ➢ When is comes to developer vs. resident on tree preservation and cutting, it needs to be consistent. ➢ Same battle in Forsyth, where a developer buys land and then requirements come up afterwards, planting has to occur, but this is not required of the resident. Mark Law ➢ Talked about the way it reads in the zoning ordinance. Adam Orkin ➢ That would be an exception to the rule where we would favor the resident over the developer. ➢ It is important that we have a good strong ordinance ➢ It should not be discouraging. Diane Palmer ➢ Do we have to count every 2" tree? ➢ I am concerned about the definition of a tree. Adam Orkin ➢ Let us talk about definitions and details Alice Wakefield, Community Development Director ➢ Maybe we should not focus on the letter because the letter is a summary of the ordinance. ➢ It is a violation of a property right when a neighbor cuts down every tree down next door to you. Joe Padilla ➢ People who remove trees from their yard are going to call a tree removal company. ➢ Maybe the route to go would be to regulate the company. ➢ Therefore, the burden will not be on the homeowner but on the company. Scott Gronholm ➢ I do not care if it is 6", 8" or io", but the bar needs to be raised. Minutes Milton Tree Preservation Committee October 29, 2oo8 Page 7 of 13 Stephanie Holcomb ➢ No one is going to be able to know what their density is on their property without hiring a company. Mark Law ➢ If we decide that we want 6" or 8", council will talk about it ➢ Most likely will not agree, have comments, and will send it back to us. Roger Festa ➢ Filling out a one page online form is not a burden. Adam Orkin ➢ 6" is what we started out with. Roger Festa ➢ What I'm saying is 6" is alright, 8", 15", even specimen trees are okay to cut down as long as recompense is given. Adam Orkin ➢ What is the most relaxed in the region? Alice Wakefield, Community Development Director ➢ We are more relaxed than most around ➢ Maybe not as relaxed as Dekalb County. Joe Padilla ➢ There is a difference between taking one tree out and the guy who wants to knock down 30 trees to put a pool in, which will be taken care of by a tree cutting company. Roger Festa It is okay if they want to put in a pool and take trees out as long as you recompense. Scott Gronholm ➢ I agree with Joe, what about doing a 6" or 8" bar ➢ If you are cutting 5 or 6 trees, then you will have to do a permit. Minutes Milton Tree Preservation Committee October 29, 20o8 Page 8 of 13 Mark Law ➢ Density is not going to be an issue. ➢ When you get a permit, then it will be calculated. Adam Orkin ➢ Is it even important to establish and maintain a tree count for the City of Milton? Roger Festa ➢ It is important to maintain what we have and increase the number. Scott Gronholm ➢ If you are filling out a form to take down a tree, why not a form when planting one? Joe Padilla ➢ The purpose should be to make people more aware. ➢ The issue will then be that staff will be checking on companies Mark Law ➢ Density will be an issue. ➢ I can review from aerial photographs. Diane Palmer ➢ If there is a form for dead trees or under 6" tree, that seems like a good middle ground. Scott Gronholm ➢ But one tree is unreasonable; it should be more than one. Joe Padilla ➢ Mark, how is inspections and spot checking go? Mark Law ➢ If it is an ongoing project, then I will periodically check. Joe Padilla ➢ So the form would be a removal application online ➢ Then decide which applications need to be taken further Minutes Milton Tree Preservation Committee October 29, 2008 Page 9 of 13 Adam Orkin ➢ Roger is saying to fill out the application for everything, and it can be permitted or warranted. Roger Festa ➢ Everyone fills out page 1, page 2 and on is for those that are removing more trees. Stephanie Holcomb ➢ This is about preserving trees, educating people, and making people think we know what's going on. Diane Palmer and Scott Gronholm agreed that is should be higher than 2" Diane Palmer ➢ Thought you had to meet density and it had to be 6" or under ➢ And it had to be "not many". Joe Padilla ➢ Yes, it is not that you cannot take them out. ➢ You just have to let City of Milton know that you're taking them out. ➢ That way, if you're taking out trees that threaten your density requirement. Adam Orkin ➢ You get 3 freebees a year without recompense You meet your density requirement and not specimen and not in your setback In addition to creating awareness and education, we want you to fill out a form, a certification Joe Padilla ➢ If you exceed your limit, then you have to fill out an application. ➢ At that point, it will most likely be a developer. Roger Festa ➢ 6 trees up to 8" are allowed is what we had agreed upon. ➢ What is the difference if you just make it a permit anyways so that Mark can have access to inspect the property? Minutes Milton Tree Preservation Committee October 29, 2008 Page 10 of 13 Adam Orkin ➢ Any tree 6" or above needs to have a permit, if you cut more than 5 trees, any size, it needs to have a permit. Diane Palmer ➢ I am okay with that... Adam Orkin ➢ Let us get 3 concepts together for the city. Mark Law ➢ Let me confirm, if you have one tree that is 8" then, you would need a permit? And 5 trees of any size? Adam Orkin ➢ Yes, or more than 5 trees. ➢ But I think if it's 5 twigs, I don't think that should require a permit. Joe Padilla ➢ Let us say a town house project going on Deerfield, and the density for that lot is going to have different effects than a large agricultural estate. Adam Orkin ➢ Let us decide on 2 options to give to council. Diane Palmer ➢ I am worried about citizens having to wait for approval of the form. o agreed Mark Law ➢ Everybody is in agreement that a permit should be required? Scott Gronholm ➢ I don not think 6" above should need a permit. It seems rational. Minutes Milton Tree Preservation Committee October 29, 2008 Page 11 of 13 Adam Orkin ➢ Recommendation for what #2 would be... Roger? ➢ You fill out a permit or form, so that any tree that is 2" goes under that form. Roger Festa You fill out the form saying that you are going to be cutting trees regardless of size. ➢ Then, recompense is required for anything under 8". Adam Orkin ➢ In your recommendation Scott, it has to stay within the density requirements and the setback requirements? Scott Gronholm ➢ If someone can explain them to the regular homeowner and me, then yes. ➢ But for my recommendation, no. Adam Orkin ➢ The setback requirements would be whatever the zoning requirements are ➢ You will not be able to cut trees in that setback. Adam Orkin ➢ Within your recommendation, does it matter if it is within the density requirements or the setback requirements? Scott Gronholm ➢ In my mind, no. Mark Law ➢ If that recommendation calls for no setback or density requirements, that is going to have to change. Scott Gronholm I feel like it should be in there ➢ I don't think anyone can understand it that way it is. Adam Orkin ➢ I cannot understand it the way it is I would look to the city to have them tell me what it means. Minutes Milton Tree Preservation Committee October 29, 2008 Page 12 of 13 Joe Padilla ➢ It is valuable for Mark to have a form so that he can monitor densities just by basic knowledge of the difference of an AG -I unit compared to the density of a townhouse development. Scott Gronholm ➢ Add to mine to maintain the density, not specifically exclude the density. Adam Orkin W have got 2 recommendations and we will think about these between now and our November meeting ➢ If things do not change before then, we will present both to city council. Alice Wakefield, Community Development Director ➢ We need to make up our minds because we are not going to present multiple ordinances to council. ➢ If we cannot come to an agreement, then staff will make a recommendation that we think is appropriate for the city. NEXT MEETING DATE Roger Festa ➢ When is our next meeting in November? Mark Law ➢ Does the 19th of November work for everybody? o It was agreed that November 19, 2008 would be the next meeting date Mark Law ➢ Does anyone want to talk about December? ➢ How about the 17th? o It was agreed that December 12, 2008 would be the next meeting date in December Minutes Milton Tree Preservation Committee October 29, 2008 Page 13 of 13 Mark Law ➢ Looked over this tree removal permit that I found and liked the formatting and information requested. ➢ Also, as far as the number of trees being counted, there are a number of programs out there. ➢ However, those programs tend to be more for city areas with a lot of paved areas. ➢ I just do not think money would be well spent for keeping a tree count. PUBLIC COMMENTS There was no public comment. NEXT MEETING DATE ➢ Wednesday, November 19, 20o8 @ 3:30 p.m. ➢ Location: City Hall Executive Conference Room, Suite 107-G ADJOURNMENT ➢ There was no further business The Milton Tree Preservation Committee meeting adjourned at 5:50 pm. Date Approved: /U Z 2 � A�R D 'Y: Xwl)4�� z ate—✓ 1/testa Mark Law, City Arborist City Clerk's Office