Council Communication

Request for Modification of Tree Preservation and Protection Chapter 18.61, AMC Regarding Heritage Trees
Meeting Date:	December 21, 2004		Primary Staff Contact:	Maria Harris, 552-2045 harrism@ashland.or.us
Department:	Planning		Secondary Staff Contact:	Amy Anderson, 552-2044, andersona@ashland.or.us
Contributing Departments:
Approval:	Gino Grimaldi

Statement: The proposal is to modify Chapter 18.61 of the Ashland Land Use Ordinance to make removal of a Heritage Tree from the list immediate upon owner request, and to include removal of a heritage tree as an activity that requires a Tree Removal Permit. Chapter 18.108, Procedures, requires the Council to hold a public hearing on the amendment, and make the final decision on the ordinance amendment.
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Background: Chapter 18.61, Tree Preservation and Protection, was adopted in June 2002 after an extensive public involvement process. The current ordinance contains a section on Heritage Trees, 18.61.025, which establishes the framework for creating a Heritage Tree List. The purpose of the Heritage Tree List is to provide recognition for trees in Ashland that are of special status - trees in good health that have distinctive form, size, location, species, unique qualities or historical significance. The program is intended to be voluntary. The addition of a tree to the Heritage Tree List requires written permission from the property owner. In preparing to initiate the program, the Tree Commission requested two additions to the current ordinance. The first change is to add language to 18.61.025.E that would allow a property owner to remove a tree from the list at any time. This change is proposed to address potential hesitancy from property owners considering adding a tree to the list. The second change would require a Tree Removal Permit for a Heritage Tree. The requirement of a tree removal permit for a listed tree is to provide review and a checkpoint before specimen trees are removed. The Planning Commission reviewed the item and held a public hearing at the October 26, 2004 meeting. The Planning Commission recommended approval of the proposed amendment with the following additions to 18.61.025.E for clarification. Original draft amendments are in bold and Planning Commission additions to amendments are in highlighted bold italics. A Heritage Tree may be removed from the list by the City Council upon its own motion, or a Heritage Tree shall be removed from the list upon written request by the property owner. A request by the owner must state the reasons for removal from the list and be filed with the city recorder. The city recorder shall then remove the Heritage Tree from the list and cause to be filed with the county recording office a quitclaim deed quitclaiming any interest of the city resulting from the listing.
Council Options: An ordinance amendment is a legislative act solely within the authority of the Council. The options are for the Council to adopt the attached amendments, to postpone the adoption and direct staff to revise the draft language, or to deny the amendments.
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Staff Recommendation: The Planning Commission reviewed this action on October 26, 2004, and recommended approval of the attached amendments to Chapter 18.61, Tree Preservation and Protection. Staff supports the decision of the Planning Commission, and recommends that the City Council approve the ordinance amendment.
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Potential Motions: Motion to approve the amendments to 18.61.025.E to make removal of a Heritage Tree from the list immediate upon owner request, and to 18.61.042.D to include removal of a Heritage Tree an activity that requires a Tree Removal Permit.
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Attachments: • Proposed Ordinance Amendment • Minutes of October 26, 2004 Planning Commission meeting Staff Report dated October 12, 2004 Nomination Form Heritage Tree Designation and Tree Preservation Agreement Minutes from July 8, 2004 Tree Commission meeting Memo to Tree Commission dated June 29, 2004 Minutes from June 3, 20024 Tree Commission meeting

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