2026-09-23 - Tree Ordinance Review Committee
Summary
Based on auto-generated captions; names and numbers may be misheard.
- Leadership and minutes: Robin stepped down as chair and nominated Lloyd Singleton, who was chosen with no opposition. The committee was created by the Tree Commission to recommend amendments to the land development code that improve canopy quality and tree retention in new development and redevelopment. The August 26 minutes were approved.
- Staff's initial amendment ideas: Planning staff walked through options to prioritize: site-specific "right tree, right place" planting lists with a do-not-plant list (the lists live in chapter six of the technical standards, not the code); minimum tree save areas for groups of trees rather than only individual trees (the code now requires a minimum number of trees per acre); revisiting which species and sizes are protected; letting a certified arborist define the critical root zone (now 1.25 feet per inch of trunk diameter, with no more than 20 percent disturbance); rethinking exemptions; and more flexible parking lot shading rules, since one tree per island often does poorly. A staff review of the urban forest master plan added ideas such as penalties for root-zone encroachment, requiring ANSI A300 standards, a valuation formula for removed public trees, and an invasive species policy.
- Magnolias and species lists: Members and an Alliance representative said developers are heavily penalized for small magnolias grouped with ornamental flowering trees at a four-inch size. Options discussed were treating magnolia as a specimen tree only, or as a hardwood at 18 inches, and checking consistency with New Hanover County's regulated tree list. Members debated scientific versus common names; staff favored plain-English names in the table with botanical names in the text. One member asked that the longleaf pine specimen size be lowered from 24 inches.
- Exemptions and tree save: Single-family lots of an acre or less are exempt; staff said removing the exemption for lots created by developers is an idea, with no lot-size number drafted. A planning staff member described requiring front and rear yard trees by lot size in other North Carolina towns for decades. Members also raised enforcement questions, pocket forests, and rooftop green space.
- Tree mitigation fund: Staff cautioned that the fund is an inconsistent source, varying from about $100,000 a year to roughly $800,000 to $1 million in a year with one project paying over $500,000 rather than mitigating on site. Payment is the last option behind tree save, preservation and planting. Members asked whether the funds could pay for more arborist staff; developers already consider fees high.
- Next steps and votes: A subject-matter-expert session is set for October 14, 10 a.m. to noon, with invitees to include developers, utilities, landscape architects, nurseries, environmental advocates and academics, each given prepared questions on deficiencies, overreach and unclear provisions; Charlotte's arborist program was suggested as a model. The committee voted to hold the session on October 14 and its next regular meeting October 21 at 9:30 a.m., ahead of the Tree Commission. Public comment will be allowed during future meetings, and microphones were requested.
Issues discussed
Sources
Video
Transcript
These are auto-generated captions; names and numbers may be misheard.
Transcript
00:06Okay, call to order the tree ordinance
00:09review meeting. Um, hi everybody.
00:13>> Hello.
00:14>> Um,
00:18would
00:21I would like to actually step down as
00:23chair and nominate Lloyd Singleton in
00:25order to be a more effective team.
00:33make a motion or anything.
00:35>> Is that his motion?
00:37>> I second.
00:40Any discussion?
00:42I'm happy to do it.
00:44All right. [clears throat]
00:49>> All [clears throat] in favor?
00:51All in favor?
00:53Hi
00:56>> Rhonda.
00:59You have a vote.
01:05No problem.
01:09Do you do you uh do you vote to change
01:12the chair from Robin to
01:15[snorts]
01:16>> to Lloyd?
01:20Okay. Thanks, Rhonda.
01:23Oh, okay. Motion passed. Anybody? Nobody
01:26opposed. So, motion pass. So, Lloyd,
01:28thank you for uh for doing this and uh
01:32Robin, thank you for volunteering
01:33previously and uh look forward to
01:35continuing to work with you, Robin. So,
01:38the tree ordinance review commission
01:40committee is a committee created by the
01:43Wilmington Tree Commission. Members of
01:45the committee have volunteered to
01:46analyze the current tree ordinance and
01:49recommend amendments to the land
01:51development code in effort to improve
01:53canopy quality and increase tree
01:56retention in new development and
01:58redevelopment across the city. This
02:01moment to introduce staff. We have Sally
02:03Pigpen who's the assistant director of
02:06asset and property management. Linda
02:08Pinker, director of planning and
02:10development. Travis Henley, community
02:14planning manager, and Haley Hopkins,
02:17planner, community planning. Thank you
02:19staff for being here.
02:21>> We also have uh Todd Broadwalker who's
02:23on planner three in our development
02:24review section and Brian Chambers who
02:26stepped away but will be back. Who is
02:28our honey?
02:31I hadn't seen you because Tom's too
02:33wide.
02:35[laughter]
02:39And then commissioners
02:41that are on the committee, please
02:42introduce yourselves. I'm Lloyd
02:44Singleton,
02:45>> Tom Bolan,
02:46>> Susie,
02:51>> Robin,
02:54and then Rhonda.
02:57>> Hey Rhonda. I'm Rhonda.
03:00Great.
03:03So to first step would be a motion to
03:06approve the minutes from the August 26
03:10meeting
03:12which was in your um packet.
03:16[clears throat]
03:17>> I make a motion to approve the August 26
03:20uh committee meeting minutes.
03:26>> Second.
03:27>> All in favor say I. I I any oppose?
03:31>> I the minutes are approved. Thank you.
03:36Next, we have a presentation that staff
03:38is working.
03:40You would have the two minute public
03:42comment right now.
03:44>> I don't think we have any public on Oh,
03:47except for Isabelle. Um, I was
03:50suggesting that we um, if anybody from
03:54the public wants to make any comments,
03:56we have a public comment period at the
03:58beginning.
04:00>> I feel I I've submitted our our
04:03feedback. So, um, at this time I'll
04:06stand down uh, and I'm here as a I'm
04:11here for questions as they come if there
04:13are any. Okay.
04:15>> Thank you.
04:17Thank you. So, um, yeah, if we could see
04:20this presentation that you all put
04:22together, I think it's it's wonderful.
04:26[clears throat]
04:35[sighs]
04:36Just trying to share it.
04:40Um,
04:54everyone can see it.
05:05All right. Do you guys mind if I stay
05:06right here? Okay. No, we're here.
05:10I'm just going to kick us off. Um, so we
05:12didn't get this last time, but really
05:14the goal of this presentation is to kind
05:16of walk back through your timeline at
05:18the end. That's what we'll close with,
05:20but also go over the initial amendment
05:22ideas that staff has thought through and
05:24that you guys have already shared with
05:26us. Um, just to kind of kick off what's
05:28existing, what's the broad idea, and
05:30then prioritize based on what you hear
05:32today, what you would like to pursue.
05:34Um, and then at your October 14th
05:36meeting, when you hear from your subject
05:38matter experts, that can help you refine
05:41your prioritization, maybe add some new
05:43ideas, um, and define your path by the
05:45end of October. This might work.
06:00Just went over the calendar agenda for
06:02today.
06:04So, some neat ideas. You guys have
06:05talked already several times about this
06:07right tree, right place idea of making
06:10sure that our um recommended fancy lists
06:13are specific to site constraints, soil
06:16quality, the aesthetics that they're
06:18looking for, but are still native and
06:20are the right fit for the right piece.
06:22Um, currently our lists are divided by
06:25kind of where they're being planted. So,
06:27street yards, parking, and bumpers. Um,
06:30but there is potential to make more
06:31specific versions of these that are more
06:34sight specific.
06:37And I will let you guys kind of decide
06:38if you'd like to discuss these as we
06:41talk about them or to discuss them at
06:43the end.
06:44>> I'm sorry I couldn't hear you.
06:46>> Uh, I would leave it up to you all if
06:48you would like to discuss as we talk
06:49about each item or if you want to talk
06:51about all of them at the end.
06:52>> I'd rather we hear the whole thing
06:54first.
06:57That's one initial u minimum tree save
06:59areas. Right now we're really about
07:01individual trees and their size and
07:04species. Um so one other way to do this
07:06would be to focus on saving groups of
07:10trees. That could be a percentage. It
07:12could be based on lot size. Um one thing
07:15to note here is we would need to create
07:18a plan for the sites that are being
07:19redeveloped or sites that are really
07:21small there. This would be kind of an if
07:23then um situation in our code.
07:29Um we can revisit the protected tree
07:31species and sizes. Um so we have our
07:34regulated significant and specimen trees
07:37um that are all different forms of
07:38protections for trees and they are
07:40specific species at specific sizes. So
07:43um it may be of interest to you all to
07:45relook at what species we're protecting
07:47and the sizes that they're beginning to
07:49protected at.
07:59And we could look to create more
08:01flexibility in our critical roof zone
08:03standards. Currently, it's 1.25 ft for
08:07every inch of front diameter. Um, and
08:10you're not able to disturb more than 20%
08:13of that area. Um,
08:17this could look like allowing an
08:18arborist to define the CRZ for specific
08:21trees and predict potential health
08:23impacts um and help us better define
08:25encroachment where they can still save
08:27the tree um even when they're impacting
08:30more than 20%. This might create more
08:34flexibility in trees that are retained.
08:42Um, next you all shared an interest in
08:44rethinking kind of our exemption
08:45structure. Um, currently single dwelling
08:48and multi multiple dwelling lots of 1
08:50acre or less um, if they have a single
08:53family home are exempt from housing
08:55permits. Free permits are required for
08:58any commercial property properties in
09:00the historic district in flood zones or
09:02conservation areas and vacant
09:03residential lots. Um, one idea for this
09:07would be to require planting for new
09:09single family development based on lot
09:12size. So even if the large subdivision
09:14was divided, it would still require some
09:17base plantings.
09:20Or this could also look like tree save
09:22areas um in larger subdivisions.
09:31Um, we could look to create more
09:33flexibility in parking lot shading.
09:35Currently, tree requirements in parking
09:37lots are specifically based on shade,
09:40which is to mitigate urban heat created
09:42by all asphalt in parking lots, but this
09:44can result in smaller islands with one
09:46tree per island. Um, we could look into
09:49ways to preserve groups of trees through
09:51islands that better preserves the
09:53ecological value of a group of trees um
09:55and can help their survival rate.
10:03You came [clears throat] in front of my
10:03screen here. I'm sorry.
10:17>> Sure. So, um I did a review of the urban
10:20forest master plan um for
10:23recommendations
10:24uh of code revisions. So, I just listed
10:28some of the um the top ones that were in
10:32that document here. Um including
10:35revising, this is exactly what we're
10:37doing, revising codes and ordinances to
10:39strengthen protections for public trees
10:42and incentivize preservation on private
10:44property, establishing penalties for
10:46encroachment within the critical root
10:48zone, um requiring adherence to the
10:51ANA300 standards for best management
10:54practices.
10:56Um, I don't believe that ANCA300 is
10:58referenced in the code at the moment.
11:01Um, establish a formula for determining
11:04the monetary value of removed or damaged
11:06public trees. Um, developing an invasive
11:10species policy.
11:12Uh, and then um a revision of the
11:15technical standards and specifications
11:17manual um as as another um top
11:21recommendation coming out of the plan.
11:25And Tom had recommended that we take a
11:28look at that, which is great because
11:29this is our guiding document for our
11:31urban forestry program and um it was um
11:37completed by Davey Tree Service.
11:44>> That's kind of what we're starting with.
11:47um right tree right place minimum free
11:49save bar areas um revisiting tree
11:51species and sites that are protected
11:53flexibility in CRZ standards potentially
11:56rethinking exemptions and flexibility in
11:59parking lot standards and then things
12:00that have come directly out of the
12:02forestry master plan
12:05are there any in particular you guys
12:06would like to start off your discussion
12:08with
12:13>> some questions
12:15Let's do them in order.
12:18Have comments from committee members on
12:22right place. Could you take us back to
12:24that slide?
12:38Any thoughts on the [clears throat] the
12:40ideas that are proposed by staff yet?
12:43provide
12:46native tree species recommendations for
12:49specific site constraints, uses or
12:51aesthetic goals.
12:55Oh, I mean right tree right place. Um
12:59the big question is here um
13:06how do we determine
13:09the place? So, what I'm what I'm
13:12thinking about is
13:15um
13:18planting a tree, but we don't know what
13:19the soil type is or anything like that.
13:22Um, we could potentially be planting a
13:25tree that is um already uh has a higher
13:30uh rate of failure because we don't know
13:34what the place is like. Um and I guess
13:38that's my only concern here is not you
13:42know right place uh trying to determine
13:47uh what the place is before we determine
13:50that that is the right place.
13:52>> Well I think that's why the idea
13:53includes site constraints that would
13:56include soil types
13:58>> and amount of sun shade water that sort
14:01of thing. So I think right tree, right
14:04place is just a good title
14:06>> for the issue.
14:09>> I would say it would be kind of up to
14:11your creativity to decide how you want
14:14to categorize them. It could be by soil
14:17quality or volume. It could be other
14:19site constraints that you want to divide
14:21the list by. I think the more specific
14:25we are in
14:29um the wording of this I think it would
14:32only help the developer because for a
14:36landscape architect because if you're
14:37doing parking here's this is your school
14:42and you know like I have a spreadsheet
14:44you know that I use for my reasoning
14:48I need everything
14:51you know
14:52clay soil sun, you know, I I think that
14:57would be an easy way to do it.
15:03You know, just figure out what what our
15:06categories are, soil type, size,
15:12evergreen, deciduous, and we figure out
15:14what are those categories in your list.
15:17So then you're just going ahead, you
15:20know,
15:22clay soil. I mean, evergreen 20 foot
15:25high.
15:28>> Is that
15:30I think this is just the preliminary
15:34framework of what we need to fill in the
15:37blanks on, right? That's your
15:38recommendation.
15:40>> So, um, I I like the idea. I think
15:43that's appropriate. Um, and the idea of
15:47having a do not plant list is important,
15:51too.
15:53And I'm not familiar with the chapter
15:56six,
15:58landscaping the technical standards.
16:00>> That is where this list lives. So,
16:02>> speak up, please.
16:04>> That's where this list lives. It's
16:06actually not in the land development
16:08code. The land development code
16:09references this section of our technical
16:12standards.
16:13>> Okay. Is that something that's
16:14modifiable then?
16:16>> Yes.
16:16>> Okay.
16:19But my other question is is right tree,
16:22right place, does does that account for
16:26um
16:29you know shrubs? I mean
16:33>> understory stuff.
16:34>> Understory stuff. I think there would be
16:36some you could consider a waxy mer or
16:39yopan holly as tree or large shrub but I
16:43think
16:45I'm just I'm I'm just trying to make
16:47sure that we're focusing you know do we
16:50want to focus just on trees or the whole
16:54ecosystem.
16:58So the ecosystem is one of the things
16:59that I kind of feel strongly about
17:02because I feel like there's an
17:04opportunity for us um to
17:10um do these like pocket forests.
17:14part of that. But
17:16>> you know, maybe we're um
17:19when you talk about the minimum training
17:22the same like instead of just
17:25this is a live, we're taking everything
17:27out around it.
17:29>> This is a dog room. We're taking
17:31everything out around it. That maybe
17:34that's something that we can address.
17:38>> My voice is trailing off. I'm very hard
17:40of hearing. I'm sorry. problem with my
17:42hearing aids not working.
17:44>> So
17:44>> speak up.
17:45>> So when we talk about the right tree,
17:47right place and the minimum tree safe
17:50area,
17:51what I think would be something that
17:53would be important for us to address is
17:56not just saving that live oak, but the
18:01space around it and not just the
18:03critical root zone, but that's an
18:05environment that that has been
18:07established there. So if we have say a
18:10live oak that are other plantings around
18:13it and I just wanted to bring up like
18:16that pocket forest the idea of how you
18:19know having a pocket forest instead of
18:22just saving one tree
18:25>> you know.
18:25>> Yeah. So I mean is that covered under
18:28one of the other areas?
18:30>> It is okay. So
18:32>> so yeah.
18:33>> So the pocketfor is the I'm just
18:34thinking
18:35>> undisturbed area.
18:37I'm just thinking here do we al do we
18:40want to include shrubs and saying the
18:43right shrub in the right place too or
18:45just again I don't know just the thought
18:52>> Robin
18:54>> yeah I think shrubs are important which
18:56should be included
18:58>> maybe even vines
19:02>> all right well let's let's go on get
19:05through the
19:06>> presentation
19:07So our next area to talk about is the
19:11minimum three save area
19:14and I have a couple of comments there.
19:16Um
19:18number one um under the tree type
19:22magnolia
19:24are grouped with other flowering trees
19:27yet magnolia are actually a large
19:30specimen tree. Um, and I don't feel that
19:36the 4-in caliber is appropriate to make
19:39it a protected species for a magnolia
19:43magnolia Virginia anyway. Um, and I
19:46think we need to revisit some of these
19:49regulated tree types, this actual
19:52species.
19:54And then secondly, I'm concerned how
19:56does this compare to New Hover County's
20:00list of regulated trees? Um, and I think
20:04that would be a great assignment for
20:06maybe one of our committee members to
20:10check that out and let's make it easier
20:12for development to understand this if
20:16they're on one side of the city limit
20:17versus the other. See if we can't make
20:20it consistent.
20:27I didn't want to
20:29any other
20:32specific
20:34minimum tree area.
20:40On that point, I also wanted to say that
20:43I agree, sorry,
20:46that
20:48the chart that we have right now for
20:50minimum tree saved area and what we're
20:52saving, I think we should address that
20:54and be more specific in that
20:58>> because right now it's so general.
21:02>> What What is the minimum tree save area?
21:05>> It's on different thing. It's a it's a
21:06chart right here.
21:09It's not a percentage of area on site.
21:12It's an individual tree,
21:14>> right?
21:14>> Yes.
21:15>> Okay.
21:16>> And it's chart, but it's
21:18>> Yeah. I was thinking more of a area
21:20percentage area. So,
21:23>> I think the percentage area gets up the
21:25minimum tree area. I think the
21:27conversation right now about species is
21:29to my mind more falls under us
21:31revisiting what's in that table.
21:33>> Correct.
21:34>> Right. Right. [clears throat]
21:37So, so go back to the
21:40minimum tree save area.
21:43Do we have a minimum tree save area?
21:45But, but like you said, it's an
21:46individual species, individual trees.
21:50So, and it's based upon if it's a
21:52specimen or if it's a um I forget what
21:56the other ones are, but yeah.
21:59>> Yes. But like to Lloyd's point is like
22:02he a very valid magnolia is a specimen
22:05tree. It's not just a regular you know
22:11I think this chart we need to be much
22:13more specific
22:16>> and I think that we need to address this
22:18>> for sure.
22:19>> So the chart is actually on another
22:20page.
22:22>> If you go back
22:25[clears throat and cough]
22:26>> right there. Oh
22:27>> okay. Sorry.
22:31Is there ability for comments during
22:35this period
22:37from the public? If the answer is no,
22:40I'm totally fine.
22:41>> I think it should be held. Okay. This is
22:43discussion.
22:44>> Yeah, that's totally up to chair.
22:47>> I can't hear what anyone's saying.
22:49>> Could you all move closer? Really? Let's
22:53>> Lloyd, it's up to the chair if you would
22:55like to consider public comment during
22:58the meeting.
22:59>> Oh, absolutely. I would love to have
23:02public comment during the meeting. We
23:04have a great representative here, but if
23:07would you staff, please? I'm sorry I'm
23:10hard of hearing, but I we can get mics
23:13for future meetings.
23:14>> Yeah. And I was also gonna suggest since
23:16the question is about we're talking
23:18about the species of the truck but also
23:20about tree safe area. If staff could
23:22just go over what tree saved area
23:24currently exists in the code. Is it just
23:26the 15?
23:27>> It's easy because
23:28>> right no tree save area but there is the
23:31minimum of 15 trees that are required.
23:34>> Right. But it's it's it's just across
23:36the site a minimum number of trees per
23:39acid
23:41area need.
23:42>> Thank you.
23:44So let's have comments then please.
23:47>> Hi. Sorry. Now that we've all adjusted I
23:49barely remembered what I wanted to say.
23:51Um but uh in any case um I just wanted
23:54to point out that really what the issue
23:57that we have heard at the alliance from
23:59developers is that they are getting
24:00dinged for every 4inch magnolia that's
24:04coming up. And so because magnolia are
24:07grouped in with the other ornamental
24:10flowering trees, I think what developers
24:12would love to see is if a magnolia was
24:14perhaps listed in terms of a specimen
24:17tree, but perhaps not at a lower DBH for
24:21a regulated tree type. I'm just saying
24:24what I what we have heard from the
24:26development community is that that is um
24:29uh incredibly costly when the magnolia
24:32are popping up just about everywhere. Um
24:35and I do want to say tree safe area
24:37would be an entirely separate um matter.
24:40What we have heard is um both concerns
24:43in terms of the species that are
24:44included on this table. Um and then
24:48separately uh even I think we've even
24:51heard from some developers that a tree
24:53safe area would be preferred because it
24:55is more so about just preserving an
24:58entire undisturbed area of land and the
25:00trees therein rather than these singular
25:03trees bit by bit. So I just want to I
25:06want to echo that I think those are are
25:08two separate topics each of which are
25:10deserving of their own uh attention.
25:14>> Thank you. What do you think on that,
25:16Haley? You agree?
25:19>> I think that that's a a great point. I
25:22think that the tree save area doesn't
25:24have to completely negate the saving of
25:26individual trees. I think there's a way
25:28to pair them together, right? So that we
25:30still look at these species and what's
25:31in the table and what's being regulated.
25:33And then we have kind of either an
25:35alternate or an add-on for tree saving
25:38area.
25:44Any other thoughts,
25:47Suzanne?
25:48>> I just think I already said it. I just
25:51think that we're as at CMS, we're so
25:54focused on saving one tree. Instead, we
25:57could save a lot more because it's
26:00different than I already said.
26:03>> Okay. And I think you're the idea that
26:07was listed by staff to the stronger
26:10ecological services provided by a group
26:12of trees. I think that's a very good
26:15good focus for us.
26:18>> We also want to encourage when we see
26:21new plants that they're working with
26:22what's already on the site. So when they
26:24already have these these strong natural
26:26areas, can we get them to think of that
26:28first? Right.
26:34So what is the next uh topic here?
26:39>> Uh revisiting protected trees species
26:42and site
26:46>> which we also noted the concern with
26:48magnolia or internal also have concerns
26:52with the magn.
26:54So I mean magnolia are under regulated
26:58they're under significant
27:00but
27:02under specimen
27:05>> no
27:09>> so the question is is
27:13well the from the feedback we get is on
27:17the magnolia the 4 in we should remove
27:21the significant trees should we keep
27:23magnolia Is it 8 in or should you just
27:25put magnolia is only in specimen trees?
27:32>> I mean only significant is not currently
27:35right.
27:35>> I think he's suggesting moving it to a
27:38specimen tree.
27:39>> Yeah.
27:43>> Or to treat um Magnolia Virginia as a
27:47hardwood
27:49>> in the significant category. So at 18
27:51inches that would kick in.
27:53>> Yeah.
27:56>> Oh, that's a good point. Yeah.
27:58>> So we're talking specifically Jana.
28:01>> Okay.
28:02>> And in keeping that as a specimen tree
28:05would be our recommendation
28:07>> as a specimen tree, but also what about
28:09in under significant tree as a hardwood
28:12at 18 in.
28:19Yep.
28:25I I agree. Now there's also Lavali Bay,
28:28Magnolia,
28:31whatever. So we need to we need to stop
28:33just doing genus or common names.
28:37Gotcha.
28:38>> We need to include species
28:40and botanical names in some cases.
28:43>> Yes.
28:44>> In fact, really ought to be consistent
28:47in my opinion. It should not be hard to
28:50treat. It should not be dog woods
28:54because
28:57not all dogwoods are the same,
29:00>> right?
29:02Silky dog wood there's
29:04>> Yeah.
29:05>> Florida
29:06>> and Sophie dogwood you wouldn't regulate
29:08it at the same
29:10as you would another home because
29:13they're not moving their pest. Sally,
29:15what are your thoughts on moving to
29:16genus and species?
29:20>> I think that's a lot to include in a
29:22table like this.
29:25Um, from what I understand, specimen
29:28trees were selected because they are
29:30special and unique to the to the city of
29:33Wilmington.
29:35Um but for Magnolia certainly you have
29:39to make that distinction
29:42because I think the desire for um those
29:46trees to be regulated at that size is
29:48because they wanted they wanted to
29:50preserve and I wasn't here when this was
29:52done but um my understanding is that
29:55they wanted to preserve flowering trees
29:57throughout Wilmington where possible
29:59because they're beautiful and people
30:00love them and they're great for the
30:02environment. So, um I think that's why
30:06some of these specific species were
30:08selected to be on this list and
30:10prioritized for preservation. But I do
30:14think that it if we're talking about
30:16trees like and you're talking about any
30:18type of university um other towns, other
30:22places pretty much when you're talking
30:24about plants or trees, you should use
30:26specific genies because a dog wood from
30:30Japan is not saying Silkia. Are we are
30:34we conserving dogwoods from Japan?
30:37Are we like that if if our focus is to
30:42move towards native
30:46you I I think we need to be specific and
30:49we should use the scientific name
30:52because that's what that's that's
30:56specific. If I may, I think also one of
30:59the goals of this table is for this to
31:01be um easy for developers to use and I
31:05think the more you get into the
31:06scientific names, the the more it
31:09becomes gobbledegook to them and harder
31:11for them to follow. So I I do think
31:14there's a um what we have heard from the
31:16developers that they're already puzzled.
31:19Um so I I think uh it's really important
31:22to keep sight of that that we're not
31:25working with um SC we're not working
31:27with arborists we're working with
31:29developers but we could categorize it
31:31where we could have magnolia magnolia
31:35Virginia you know we we could have it in
31:41plain English and the scientific name
31:48Let's look at the text where you spell
31:50these things out right by place.
31:52>> Yeah.
31:54>> The detail would be the text statements.
31:56The more general rule that development.
31:59>> Yeah. Yes.
32:01>> Online. Rhonda said manually should be a
32:05specimen, but how big should they be? Um
32:08she said that we could include the
32:10scientific names in the text from the
32:12document but the specific common names
32:13in the table which could point to the
32:15text standards. Um, and that having
32:17built things in the table would likely
32:19be too long.
32:23>> There's one
32:25picture
32:27somewhere. Um, but maybe it doesn't have
32:30to be in this
32:32exact thing like what like what you're
32:35saying.
32:37>> So, this will need some work. Yeah.
32:39Thank you. Let's move on to the flexible
32:42critical. Hang on.
32:43>> I'm gonna give you your mouse back in
32:44just a second. All right.
32:47technical go.
33:06So the disturbance is included in the
33:08exam shall not exceed 20%.
33:12Um,
33:13and I think there's a little bit of
33:15problem with that. Um,
33:19I from my experience with trees, if you
33:22took that 20% all on one side of the
33:26tree, you can encroach into some pretty
33:28critical roots. Um, but I don't know how
33:33to do that yet. But the idea here to let
33:35a certified arborist identify critical
33:38root zone might be a good thing to do.
33:44>> I think that's a really good idea.
33:47>> I think that's a really good idea.
33:49>> Little more subjective then for
33:54different species and situations.
33:58>> But I'll Okay, go ahead.
34:00>> I was just going to just Sorry.
34:03in regards to what Isabelle was saying
34:06about developers and it being awfully
34:08good. They're going to be hiring an
34:09armrest.
34:11So the artist part of their anti-
34:14standards is that they know the
34:15scientific
34:17so that that's happening first of all.
34:20So it's it you know my dad is he doesn't
34:24know a tree species for anything but he
34:26would hire an arborist and so the
34:29arborist would know
34:30>> yeah that's the joy of the tech
34:31standards though is it gets into a
34:33little bit more of those nitty-gritty
34:35the table is more so for general
34:37overview
34:40>> sorry
34:41>> critical root zone
34:42>> yeah critical root zone I I agree that
34:45we should have arborist provide input
34:49the question Then becomes
34:52to the other point about what what if
34:58what if
35:02is there any repercussions if they're
35:04wrong?
35:05[laughter]
35:06>> Well, that would be a big part of the
35:09further discussion is the point
35:11[clears throat] Joshua brought up too.
35:13>> Yeah. Yep.
35:16um enforcement I guess since that
35:20>> right now and we're not going to discuss
35:22enforcement right now right now.
35:24>> Um we also talked about um creating some
35:29basic standards for encroachment. So say
35:31you're encroaching and then having
35:32either in the tech standards or in the
35:34LDC like if you are encroaching these
35:36much these are the maintenance things
35:37that you need to do um past root pruning
35:40because I believe we only include root
35:42pruning. So are there other things that
35:43they need to do to ensure the survival
35:45of that tree that [clears throat] we can
35:47require in the LBC?
35:49>> So it's root pruning, not actual uh limb
35:52pruning or anything like that.
35:54>> Um I believe it's only root pruning for
35:58preparing soils, those types of things.
36:00But right now speaking to how they prune
36:02the roots, there's other things on the
36:03harvest. So kind of speaking out of
36:05school here, there are things you do to
36:06prepare the tree for the impact that
36:08you're going to put on.
36:09>> Correct. Yeah. I don't I'm not going to
36:11pretend like I know what those things
36:12are, but I've seen a laundry list and
36:14just got
36:17>> Tom, some examples might be like
36:19supplemental water, supplemental mulch,
36:22right?
36:22>> Could be trunk injections,
36:25could be pruning. I think there's a host
36:27of things that could be done
36:29>> as an mitigation for tree impact.
36:33>> So, let's move on to rethinking
36:35exemptions. Um
36:38uh Isabelle, I think you might have some
36:40thoughts on the exemption
36:43ideas.
36:44>> Uh yes. Um so rethinking exemptions. Uh
36:49so this is based on this is the one
36:50that's based on lot size, right? So, um,
36:54essentially, uh, as it stands right now
36:56for developments, um, if you split, uh,
37:00if you split a development up into units
37:03that are into lots that are less than
37:05one acre, you are exempt from the, uh,
37:08from any sort of tree regulations. We
37:11had suggested um, removing that
37:13exemption. Obviously, we want individual
37:15homeowners to still maintain use of
37:18their private property. Um, but that
37:20exemption should not be utilized for
37:23developers to then not have to deal with
37:25tree uh ordinances. I will say that this
37:28is more of an issue in the county than
37:30it is in the city. The city doesn't have
37:32a ton of large parcels uh able to be
37:35developed, but it is something to
37:36consider.
37:38>> And what was your recommendation there,
37:40Haley, regarding the single family
37:43development based on lot size? What was
37:45the lot size you were you all were
37:48thinking for that? I don't think we have
37:49a number in mind. We haven't started
37:51drafting text or numbers here. These are
37:53bigger ideas. Um, if you don't mind me
37:56leaning on Utah, Todd, this was
37:58something that you had brought up.
37:59>> Yeah. Uh, so I first ran into this 25
38:04years ago when I was working for the
38:06town of Cornelius on Lake Norman. um
38:10where we required every single family
38:13home to plant back trees anywhere from
38:16one tree in the front yard, one tree in
38:18the rear yard, all the way up to three
38:20trees in the front yard, three trees in
38:21the rear yard, depending on the lot
38:24size. Um when I took the planning
38:26director job in Surf City, that was
38:28something that I put into their
38:29ordinance and is still in the Surf City
38:32ordinance today. Um and it just seemed
38:35like some a place where there was a
38:37miss. um or a a a opportunity to
38:43expand the tree canopy within the city
38:46um where we currently don't potentially.
38:50>> So, how receptive were your the
38:55individual?
38:57>> Helas has been doing it for probably 30
38:59plus years and Surf City's been doing it
39:02since 2003. Gotcha.
39:09example,
39:10>> why is that even in there?
39:13I guess I'm wondering what was the
39:14thought why uh why that um thing going
39:20one anchor why was that in there?
39:23What was the thought process of that
39:25being?
39:27>> Does anybody
39:27>> I can only it's been in the code for 30
39:30years. I would think that um just the
39:34the proper property rights of a single
39:35family home
39:37>> uh enforcement would be a nightmare. You
39:40got 20,000
39:42single family lots. If somebody goes out
39:44on a Saturday and cuts a tree down,
39:45we're not we're just not going to know,
39:47but some and something in between like I
39:49I don't know specifically because we
39:51weren't obviously part of those
39:52conversations, but that seems like the
39:54reasonable reason that
39:56>> that kind of knew. So then is it
40:00possible for us to
40:06somehow have that be if you I don't know
40:10how I don't know how to word this but is
40:13there a way to kind of single it out for
40:17developers and homeowners
40:20but then what if a homeowner who
40:24>> hasn't Yeah. I don't I like to kind of
40:27>> I think what you were speaking to is if
40:29somebody comes in with a subdivision,
40:30which again we're not going to have
40:31single family subs in the city, but
40:33there are going to be some
40:35>> you would look at the overall site for
40:37tree save before you cut the lots and
40:39then once the lots are sold, then it
40:41would just transfer to that. But you're
40:42actually looking at a tree save in
40:44advance of that. you're looking at tree
40:46save areas
40:47>> where you can set aside where maybe it's
40:48a common area that is not part of lots
40:51that kind of thing where you're you're
40:52doing the tree save in advance but once
40:53it is a lot then you would have that
40:55exemption kick in so if a homeowner
40:57wants to cut down a tree in their
40:58backyard they can do that because they'd
41:01be exempt
41:01>> yeah um and was it
41:04>> okay sorry I don't know who met the word
41:07um uh can you tell me a little bit more
41:09I'm just curious um I haven't heard of
41:12this of what you did so I'm curious So,
41:15it's mandating that even on a even on a
41:17smaller than one acre individual lot
41:215,000 square foot lots and less.
41:23>> Okay.
41:24>> It applied on the island.
41:25>> Okay.
41:26>> And then it applied to our new
41:27neighborhoods. Well, all neighborhoods
41:29on the mainland as well. So, you could
41:31have lots that were, you know, 30,000
41:34square feet, 20,000 square feet.
41:35>> And they still had this requirement.
41:37>> Still had the requirement.
41:37>> Cool. Very cool. I I love that. I had
41:40not heard of that.
41:42>> And how did you enforce it?
41:44I mean, it's certainly easier when
41:46you're a small town like I mean, Brian's
41:48kind of alluding to um because you can
41:50kind of keep track of it. But it was uh
41:55in Meckllinburgg County and Cornelius,
41:57the county get tree permits, tree saving
42:00permits that went to the county and when
42:01they went out to do their inspections
42:04uh on the city permits at CO, they would
42:07look for those trees. uh at the insert
42:10city when it was time for CO I would go
42:13out there and I didn't sign off on the
42:15zoning until you know those trees were
42:17planted.
42:18>> So certificate
42:27county called it holds on the property.
42:30>> Okay.
42:32Let's uh move to flexibility and parking
42:35lot shading.
42:38Just
42:39touch on this as far as your
42:41recommendations.
42:47Um like I said, it's currently based on
42:50shading and tree canopy. So like trying
42:52to cover certain area of the parking lot
42:55to mitigate heat really is the purpose.
42:58Um, but that often leads to just one
43:00tree being planted in one landscape
43:02island, which doesn't always lead to
43:04healthy outcomes for that singular tree.
43:06Um, so there may be ways we can tweak
43:08language for groups of trees to be saved
43:11by islands that still shade the water.
43:17>> Then the urban forest master plan
43:19recommendations.
43:24>> I don't have that. Do you guys have
43:26that?
43:28Do you not have that? That's not Was
43:31that part of your presentation? What?
43:32>> What you emailed us?
43:34>> Oh, that was added after the urban
43:37forestry master plan. Okay. Upon Tom's
43:39request, we added that that slide.
43:41>> So, um, for our committee members, I
43:44want to recommend that you all
43:46>> review this master plan. It's online and
43:50it is really, really a good read. a very
43:53good comprehensive overview of some what
43:57some professors think. Then I'm trying
44:00to be cognizant of our time and um I
44:04think also that you have the subject
44:07matter expert meeting planned October
44:1014th
44:11at 10:00 a.m. It's 10:00 a.m. to 12,
44:15right? Yes.
44:16>> Correct.
44:17um and the folks that you intended to
44:22invite.
44:24Um I wondered if you had specific
44:26recommendations for the categories
44:30like who you would invite.
44:32I also wanted to make a recommendation
44:34that we give each expert
44:38a topic and the topic would be what do
44:42you see as the deficiencies,
44:45the overreach
44:46and the need for clarification
44:49of the ordinance or something like that.
44:52So they have an opportunity to say this
44:54is too much, this is too little and this
44:57is what I don't understand
44:59from their background.
45:02Um, what does staff think of that
45:06deficiencies, overreach, and
45:07clarification?
45:10>> Would that be collecting that beforehand
45:12or having them start the meeting with
45:14sharing those three things?
45:16>> I would ask every subject matter to give
45:18a 10-minute presentation on those items
45:22>> questions to follow.
45:24>> I'm sorry.
45:25>> With questions after.
45:27>> Yes. Right. Well, so seven minutes to
45:29present and then three minutes for
45:31questions or something.
45:32>> So I recommended two people to Sally and
45:37Haley and then I have another
45:39>> Speak up please. I recommended two
45:41people to have a sub subject matter
45:45experts and then I have another um
45:51person that is actually um
45:55a urban forest urban restoration
45:58ecologist. Sorry that was a lot of
46:00words. and she um is from Ruckers and
46:04she could zoom
46:08um that's what everything that she did
46:12like her whole doctorate she's she's
46:15studied urban forestry for years that's
46:18all she's ever studied
46:20and I think that that would be a good
46:25information session and then if Rhonda
46:27is it Rhonda is going to the Yes, Rhonda
46:31is going to the
46:33>> to have an opportunity for her to also
46:36share what she's
46:42>> So, who were the folks you were thinking
46:45of regarding the development community?
46:47You had three different categories here.
46:51Affordable housing, urban mixes, and
46:54single family and subdivisions.
46:56Um, I'd say we're still identifying
46:58specific names. Okay.
47:00>> Um, we have kind of a few that are just
47:02we see their projects a lot and that's
47:05what we were going to stick with is our
47:07frequent flyers.
47:09>> I'd also ask Isabelle to consider who
47:12you would recommend after your work with
47:15several team.
47:16>> Yeah, absolutely. Um, two that uh I
47:19think of top of mind would be Dave
47:22Spatrino and Mike Brown. I'm sure
47:25they're also uh on
47:27>> they're on Ireland. Yes. So Dave Petrino
47:29and Mike Brown um I think they have
47:31provided very reasonable uh feedback in
47:35the past.
47:37>> So who's who's developing the one that
47:40Josh was talking about that area? What
47:43Josh was talking about?
47:45>> That's WHA or that's the one with the
47:48housing authority.
47:49>> Okay.
47:50>> It's a big project. So, but are they
47:52subcontracting out that or
47:56um I'm just curious develop yeah the
47:59developer maybe we have have them come
48:01in just as a subject matter expert. I'm
48:04not
48:05>> one of the people I suggested is a
48:07developer.
48:10>> All right. Con
48:12uh so we had someone here earlier today
48:13who had to leave uh uh and he represents
48:16base which is business alliance for
48:19economy and so he they will be
48:22participating in this and I he was
48:24probably going to circulate that to some
48:25of his members office as well.
48:37Yeah.
48:39>> So, utilities, who are you going to
48:40reach out to? Duke
48:42>> Duke Energy and CFPUA.
48:45>> CFPUA.
48:47Forget Pastor.
48:51We got to talk about all the competition
48:52for space, all the competitors, right?
48:54Yeah.
48:57>> Who did you have in mind for
48:58environmental advocacy?
49:01Well, the alliance
49:03trees most certainly um was on our list.
49:05Um we were struggling to identify other
49:08like environmental organizations that
49:10have a tree focus. Um we considered
49:12coastal land trust, but we would love to
49:14hear other ideas from you all. Sierra
49:17Club.
49:20>> Um,
49:25Land Trust has a new
49:29>> executive director, development
49:30director. They've got new they've got
49:32new everything over there.
49:34>> Sierra Club.
49:35>> No, at um Coastal Land Trust.
49:37>> Coastal Land. Yes.
49:39But um one of the people
49:43the new person at Cost is not from here
49:47and he's worked in a lot of different
49:49areas and so I think
49:52it would be nice to hear other people's
49:54opinions besides just you know like that
49:57have been and seen other things in other
50:00places
50:02to see how we can
50:05improve
50:08online.
50:10Uh Rhonda suggests said she knows a
50:12UNCCW
50:14expert that did some of the re research
50:16on the ghost forest if we would like to
50:18invite them.
50:20>> Okay.
50:21>> And that she would be willing to talk
50:22about her experience at the conference.
50:26>> I mean the other Jim Gregory
50:32wanted to reach out to Mr. Gregory if
50:34he's Jim Gregory would be fantastic.
50:37Yeah,
50:39>> he used to be on the street.
50:42>> Um Roger Shu
50:45would be another good one.
50:46>> Yeah, that's a great idea.
50:48>> Especially since Roger um uh cares a lot
50:53about not just trees in particular, but
50:56also Susie, I know you, as you've been
50:58speaking about how they relate to native
51:01vegetation around the trees. I think
51:03natural areas are something that Roger
51:05is really focused on.
51:07He's he's also he loves the long leaf
51:10pines. So,
51:11>> yes,
51:12>> very much.
51:13>> I love them.
51:14>> Which I would just like to throw in a
51:16small hitch uh that the diameter breast
51:19height for a specimen longleaf pine be
51:22made smaller because they have a smaller
51:25less of a growth rate. Um but they have
51:28more ecological significance locally.
51:30So, I would love to see that taken down
51:32from 24 in.
51:35It's at 24.
51:38>> It's got to be It's got to be a big old
51:40lovely
51:4336 county. So, [laughter]
51:46>> good luck. That's crazy. But sorry, but
51:50that's
51:50>> no shade on the city. Just
51:52>> saying [laughter]
51:56evolving processor since they put one
51:59in.
52:00>> I'm just glad we have one. I'm just I'm
52:02I which I tout all the time when people
52:05get angry about the tree ordinances like
52:07let's just be real here. I'm glad we
52:09have one.
52:12>> Then your landscape architect choices
52:16you
52:16>> the same as our frequent flyers. Who do
52:18we typically see on our site plans? Um
52:21there's probably about three or four
52:22names I think we see very frequently.
52:29um commercial landscaper that was
52:30actually recommended by Susie as the
52:32category and she shared a name with us
52:36contact. Same with a local nursery.
52:41>> I also want to suggest a category. It's
52:43a little bit of a stretch but local
52:45nursery that grow trees because a lot
52:49>> Yeah, I recommended a that's what she
52:51was just saying. I recommended a local
52:54nursery.
52:56That's [laughter] okay. That's a good
52:57idea. Everybody's thinking the same
52:59>> great minds think alike
53:00>> there. I would say either
53:03Potinga
53:05Richard Johnson
53:07>> or uh the new owner of Five Oak Nursery.
53:10>> I had I gave her Chris's number.
53:12>> Gave her what?
53:13>> Chris from Five Oaks.
53:18>> Yeah.
53:19>> Chris Miller.
53:20>> Yeah. He's actually the one who's been
53:23manic tree farm.
53:26>> In Burga. He's been the new owner
53:29>> doesn't really know about free
53:31experience.
53:32>> Yeah.
53:34>> Um
53:37I just want to say like it's great that
53:39we're doing this. I think it's really
53:40important. But my point of having a
53:43commercial landscaper in a local nursery
53:45is because we can do we can, you know,
53:48make this land use develop, but if if
53:52we're still putting like recommending
53:54trees that are are not commercially
53:56grown,
53:57>> right?
53:58>> It it they're going to get subbed out
54:01for whatever that landscaper can find
54:05that day. Um,
54:09so who should we invite student
54:13[laughter]
54:18at our at our future meetings? We
54:20certainly want to once you guys kind of
54:21decide on your path, make sure our our
54:23arborist and landscape superintendent
54:25are involved consistently. Um, if
54:28there's things that come from the tech
54:30standards, engineering wise you guys
54:31have questions on, we're happy to invite
54:33our design construction staff. Um, I
54:36think that expertise really depends on
54:38the path forward that you guys come up
54:41with.
54:42>> We'll try to be as comprehensive as
54:43possible because we're not going to be
54:44able to predict for these conversations,
54:46guys. So, we'll bring everybody at once
54:48and if we don't need them, they can kind
54:50of disperse. Got it.
54:51>> I I recommend I'm I was telling you
54:55about the the woman that I I got from
54:58Amy Long. She I had a drink with her the
55:01other day and she was telling me when I
55:03said, you know, like we what we're doing
55:08if we can't get her, it would be good to
55:11have an urban planner
55:16from somewhere else that focuses on tree
55:20canopy.
55:21Not necessarily
55:23someone from here, like someone where
55:25they've had a successful,
55:28you know, urban
55:31planting
55:34tree saving area and I'm not sure
55:38where that would come from and I'm happy
55:40to like do a little bit more research
55:41but I think that
55:44if there's somewhere that even if it's
55:48in you know somebody in North Carolina
55:50or someone from somewhere else because
55:52they can zoom in you know just to
55:56get some insight from other places that
55:59have
56:01done had some successful tree canopy.
56:04I'm from San Francisco and we had we
56:06were really hard.
56:08>> Um I'm not saying necessarily that but
56:12um
56:14>> so
56:15>> some place that has had
56:16>> isabel um when when you were
56:19benchmarking other cities which which
56:22city would you recommend? Charlotte.
56:25>> Yeah.
56:26>> Charlotte Tree Charlotte program or the
56:28city
56:28>> uh the cities. The city of Charlotte um
56:32has a very cool program. They have both
56:34a city arborist, but they also have
56:37someone who specifically reviews
56:39development proposals. So, and by by
56:42someone I mean specifically an arborist
56:44that reviews development proposals. So,
56:46they come at it from both um angles
56:49which I think is uh really great and a
56:52cool model.
56:54They also have a tree save area already.
56:57So they would um they would have good
57:00guidance there about how to institute
57:02that. I'd be also curious to know how
57:04they manage some of the CRZ hurdles that
57:08we
57:11>> CR
57:12>> critical root zone.
57:13>> Oh, okay.
57:14>> Come on.
57:15>> I think [laughter] CRC
57:18I I didn't hear the C. I'm sorry. I
57:21don't know what's CRC.
57:25>> I could also recommend Bark Fair with NC
57:27State University. He's a train
57:30professor, tree expert,
57:37got a lot of people. So,
57:39>> we only have two hours.
57:41>> Well, but we need a lot of people. I
57:43mean, the you know,
57:44>> perspectives would be helpful.
57:46>> Yeah,
57:46>> we can probably come just the same
57:48opinion. Well, a session is can we fit
57:50that many people within two hour time
57:52slot? I
57:53>> I think I think if you break it by
57:55topic, I think the tough part of it is
57:57with the presentations. We're going to
57:58have too many people. We're going to
58:00have too many people to do the idea of a
58:01seven minute presentation Q&A, but maybe
58:04we have an agenda that's put into these
58:06topics that lets people, you know, we
58:09ask the questions like the same
58:10questions that we have and we can prep
58:13them with those questions in advance.
58:14What are the deficiencies? Where is the
58:17overreach? Where is it unclear for
58:20experts from other areas? What are
58:22things that you know we're missing? What
58:24are some innovative tools and ways to
58:26address this that we're not looking at?
58:28And so if if you're okay with it, then
58:31maybe it's grouped by the same things
58:32we've proposed and then an other
58:34category. What else do you want to talk
58:37about?
58:38>> Because I think the developers will come
58:39in, you know, they may they may have
58:42thoughts on all this and that's driving
58:44me crazy right now.
58:45>> Yeah. Um but they may have other things
58:47that they want to bring up and so kind
58:50of make so you have that ability then to
58:51have an open forum
58:53>> what are you know so does that make
58:55sense
58:57>> and examples like in Pender County they
58:59require water
59:09>> I also want to mention that I would love
59:10to hear or have a little conversation
59:13about
59:14the tree mitigation fund. I mean,
59:18there's a pot of money out there and
59:21it's only it's limited on what it can be
59:23spent on. And to me, you need a whole
59:27lot more staff. And I think we need to
59:30visit the idea of asking for spending
59:33those
59:35punitive funds to help with these
59:38arborists to go verify stuff and things
59:41like that. Um, can we
59:43>> what she's saying about what Charlotte
59:45does?
59:46>> Yeah.
59:47Yeah. But how much money is in that
59:50fund? It's six figures, isn't it?
59:53>> It's it it's extensive right now. The
59:55what the one caution I would give you um
59:58and we have some data that we pulled I
1:00:00want to say back in February to show
1:00:02like what has come in over the last
1:00:03several years. It is not a consistent
1:00:06source of funding. It varies from year
1:00:09to year depending on what is being
1:00:11developed and whether or not someone is
1:00:13opting to use the V and LO program
1:00:16instead of the tree credits and and
1:00:19preserving trees on site. So, it's not
1:00:21there are many ways that you can address
1:00:23your mitigation requirements that do not
1:00:25require you to write a check to the
1:00:27city. And so, we have years when we
1:00:30collect $100,000. We have divers when we
1:00:33collect there was one we I want to say
1:00:35we did 800,000 to about a million and
1:00:38that was quite frankly we had one
1:00:39project in that time frame where the
1:00:42mitigation fee was over $500,000
1:00:45and that developer just wrote us a
1:00:47check. So I when I was reading through
1:00:52the
1:00:54um
1:00:56the land use development code,
1:00:59one of the things that kind of like that
1:01:04like if our goal is to save trees, why
1:01:06are we allowing somebody to just write a
1:01:08check for $500,000?
1:01:11Like why are we
1:01:13why is it like if our goal as a city of
1:01:18trees is to save trees, why are we
1:01:21allowing them to write a check in lie of
1:01:25saving trees?
1:01:28>> Well, just just for take one step back.
1:01:32>> The the the payment, the fine, the
1:01:34penalty, whatever you want to call it,
1:01:35that is our absolute like last option
1:01:38that we want to pursue. If you we want
1:01:41to preserve trees on site, we want to
1:01:42tree safe, we want tree preps, we want
1:01:44to plant trees, all those things are
1:01:47more a higher priority than collecting a
1:01:49fee in the water. The [clears throat]
1:01:50fee is down there as kind of a catch all
1:01:52where like I've got a site if I have to
1:01:55take this tree down. I literally cannot
1:01:57plant a tree on the site and that's it's
1:01:59like a last it's like a blast worst case
1:02:02scenario kind of situation. Now, if it's
1:02:04in the code, some people just choose the
1:02:07worst case scenario, but is there a way
1:02:09to structure it where they have to go
1:02:10down the list to get people
1:02:13>> raise unreasonable or you know like
1:02:20Well, and I would say like the feedback
1:02:21we get is they think the development
1:02:24community already thinks they are
1:02:25unreasonably high to be fair. Yeah. I
1:02:27and I think especially in the city of
1:02:29Wilmington because the plots that
1:02:32they're developing are not very large.
1:02:34So when you tap on a $600,000
1:02:38tree fine, um they're going to sue the
1:02:41city at a certain point if it gets to be
1:02:43too high. Um
1:02:45>> so it's a lot of mixed use going in in
1:02:47the city at this point. It's not
1:02:49>> there's a lot the the plots to be
1:02:51developed are just not that large. So
1:02:54then if you slap on a really large fine
1:02:58to make it worthwhile to develop that
1:03:00plot is generally untenable. So then
1:03:03you're essentially making the plot
1:03:04unbuildable and you're removing their
1:03:06private property rights. I don't know,
1:03:08Linda, is that a like that's the
1:03:11argument they're going to make.
1:03:12>> That's the argument I've heard.
1:03:13>> That's the argument they're going to
1:03:14make. Um, like the the example we gave
1:03:17of the developer that paid $500,000, one
1:03:19of our local developers called them and
1:03:22said, "Why on earth did you pay this?"
1:03:25Like $500,000. He thought they were
1:03:28insane.
1:03:28>> Yeah.
1:03:29>> Because it but they were out of state
1:03:30and they and for them they're just like
1:03:32cost to do a business and I need to keep
1:03:35this project moving so I get my bonus
1:03:36bonus. I have a contingency fee.
1:03:38>> Okay. So,
1:03:40this might seem crazy, but in San
1:03:44Francisco, of course,
1:03:46you've got giant buildings. You know,
1:03:49that that's just the way it is. But in
1:03:51their code,
1:03:53um, you had to have green space on the
1:03:56roof. You had a certain percentage of
1:03:59green space that building. And is that
1:04:01something that we can look at? Like I
1:04:04mean I did some pocket forests on groups
1:04:08like it's really amazing. You would
1:04:10think if you were going to for us and so
1:04:14is that something if we're talking about
1:04:16mixed use talking about
1:04:20affordable housing we we kind of have to
1:04:23go to you know apartments condos
1:04:26whatever we have to build up.
1:04:29Is that something that we can because if
1:04:31a developer who says, you know, this lot
1:04:35is so small and I'm building a 10story
1:04:38condo building on it, if we require them
1:04:42to have a
1:04:45now in San Francisco, it had to be
1:04:48public access.
1:04:51I don't know if we would do that here. I
1:04:53don't know. But they they were required
1:04:56to have a certain percentage of trees
1:04:59and shrubs and basically create an
1:05:01outdoor environment
1:05:03>> for the public to enjoy
1:05:05>> the roof. So the public had to have
1:05:07access to the roof.
1:05:09>> Yeah.
1:05:10>> I remember that one.
1:05:11>> Yeah. I mean I think
1:05:13>> and amazing parks and playgrounds on
1:05:15roofs of buildings in San Francisco. I
1:05:18mean, amazing.
1:05:20>> And maybe that's a way we can
1:05:26consider. It's not just San Francisco. I
1:05:28mean, they do it all.
1:05:29>> I've never,
1:05:32>> you know, I think we can explore. I
1:05:34think that's where the development
1:05:35community is going to come in because
1:05:36they may they may look at that and we
1:05:39don't have the density or the the size
1:05:41of building that San Francisco does. And
1:05:43so we may not we may not be at that
1:05:45point where putting a rooftop green
1:05:48space makes sense economically. They may
1:05:50look at that the same way they look at
1:05:52the tree navigation. But I'm also
1:05:54looking at it as here's another option
1:05:56that you can do
1:05:57>> and you know because we one of the
1:05:59things that we've Brian has talked to
1:06:02about is anytime someone's removing
1:06:05trees and has mitigation we need to be
1:06:07hammering here are all the ways that you
1:06:10can mitigate that removal
1:06:12because
1:06:14a lot of times they skip over that. They
1:06:16go to the check and then they complain
1:06:18about the size of the check. And so a
1:06:20few years ago, we had an industrial
1:06:22project and we had to write a memo for
1:06:24city leadership like here are all the
1:06:25ways that they could produce and they
1:06:29can address their mitigation that does
1:06:30not require a check. I mean
1:06:34the these rooftop gardens um you know
1:06:37the people who lived in those buildings
1:06:39like that was an advantage. That was a
1:06:42selling point. You got an outdoor space.
1:06:47you know the
1:06:49>> it's worth looking into.
1:06:50>> It's something to think about.
1:06:52>> If it's a unique solution for a unique
1:06:54situation, that's what we got to come up
1:06:55with. We're going to have more and more
1:06:57of those things going forward. I mean,
1:06:59if we're talking about making housing
1:07:01more affordable in the city, you
1:07:05have to have and and they also had every
1:07:08building had to have a certain
1:07:09percentage of those condos available
1:07:13firsthand for teachers uh at uh an
1:07:16affordable price and firsthand for
1:07:19people who have gone through um
1:07:21different programs, financial programs.
1:07:24So every new building, condos, whatever,
1:07:28there had to be a certain percentage of
1:07:30uh housing available firstand for
1:07:33teachers and second for low income
1:07:36families.
1:07:38>> Unfortunately, North Carolina does not
1:07:42get going.
1:07:43>> Let's make sure that staff is feeling
1:07:46comfortable with invites for 14th
1:07:50meeting. And um would you mind
1:07:53communicating with me at least who you
1:07:55have decided or who's responding or
1:07:59something?
1:07:59>> Yes. So we can provide that the list of
1:08:02who we're going to invite.
1:08:04>> Um also this committee before you leave
1:08:06this meeting, you need to vote on the
1:08:09change and schedule for the 14th because
1:08:11we're extending it. But
1:08:13>> we're going to provide the people with
1:08:15questions what she was talking about.
1:08:18Yes. Are you guys going to come up with
1:08:20that?
1:08:21>> Yes, ma'am.
1:08:22>> And I think I think Void came Void gave
1:08:24us a good basis of like here are the
1:08:26things we want you to be prepared for.
1:08:28Sally, on the schedule since the regular
1:08:30commission changed their meeting to the
1:08:3221st, do we also need to change this
1:08:34meeting to the 21st?
1:08:37>> Yes.
1:08:38>> And I realize it is literally one week
1:08:40following the 14th, but
1:08:43>> but we've got to get through this
1:08:44because we already missed the week.
1:08:46>> Okay. So we're first off
1:08:48>> it would automatically happen, right?
1:08:50Because the commission voted on
1:08:52>> No, they vote on their schedule.
1:08:54>> Okay.
1:08:54>> So our committee Okay. First, let's
1:08:57vote. Time for the 14th would be from 10
1:09:00to noon.
1:09:02>> Okay. Do I hear a motion?
1:09:05Second.
1:09:07That's our next meeting.
1:09:08>> I'll second.
1:09:11>> I'll second the 14th.
1:09:14And then the following
1:09:17[laughter]
1:09:18meet week is our
1:09:20our meeting prior to the tree commission
1:09:23meeting
1:09:24>> October 21st
1:09:25>> on it's October 21st that will be at
1:09:309:30
1:09:329:30 to 10:30 for our commission
1:09:34committee meeting. Can we come up with a
1:09:37different name for the committee?
1:09:40Committee and commission are just too
1:09:41close.
1:09:43work group
1:09:45task force.
1:09:48>> How do you think I can't get it
1:09:50straight?
1:09:51>> So, I I make a motion to have our next
1:09:55meeting on October 21st at 9:30 for the
1:10:01pre-ordinance review committee. Thank
1:10:03you. [clears throat]
1:10:04>> You'd be rescheduling your
1:10:06>> rescheduling.
1:10:07>> Your next meeting is the 14th.
1:10:10Yes. What? For the meeting after the
1:10:1314th. Oh, after the 14th.
1:10:15>> Okay. I work for myself. If you send me
1:10:17a Google appointment, I'll be there. But
1:10:20I public know.
1:10:22>> Yes. And because you have an adopted
1:10:24schedule. So if you deviate from your
1:10:26adopted schedule, you have to vote on
1:10:28it.
1:10:28>> Okay. And we did talk about let you
1:10:32mentioned it in the
1:10:35committee meeting that the people no in
1:10:38the commission meeting that the
1:10:40committee members would choose when
1:10:42they're going to meet.
1:10:43>> Right.
1:10:44>> Right.
1:10:45>> Right. So we are choosing or we're
1:10:48voting to meet at 9:30 on the 21st of
1:10:52October.
1:10:55>> That was Tom's motion. I second. All in
1:10:58favor?
1:10:59>> I
1:10:59>> I
1:11:00>> I
1:11:02>> So, do we have a meeting in the
1:11:05beginning of October?
1:11:06>> No.
1:11:07>> Yes.
1:11:08>> October 14. On October 14th.
1:11:10>> Well, when you say beginning,
1:11:12>> well,
1:11:13>> for that like the 7th,
1:11:14>> it has been moved to be at 10 a.m.
1:11:17instead of 11. So, on October 14th,
1:11:20it'll be 10 to 12 instead of 11 to 12.
1:11:22>> Okay.
1:11:23>> And that's the the subject matter expert
1:11:26meeting. they will be invited. That's
1:11:28where you get to have that deeper
1:11:29conversation with them.
1:11:31>> And one of the reasons we actually
1:11:32scheduled that for the mid October was
1:11:35to allow it give us time to get those
1:11:37invitations out and let them know
1:11:39>> this is whatific
1:11:42you so they can especially for any
1:11:45experts that are not votable. I think
1:11:47our development community could walk in
1:11:49tomorrow and tell us what they think,
1:11:51but once we start talking about other
1:11:53folks that don't know our ordinance,
1:11:55we're going to have to send them the
1:11:56ordinance uh with the specific
1:11:57questions.
1:12:04>> Do I hear a motion that this meeting be
1:12:06adjourned?
1:12:08>> Yes.
1:12:08>> Yes.
1:12:09>> I second.
1:12:10>> Second. All in favor? I
1:12:14>> Thank you, staff.
1:12:15>> Thank you. over here too. That helps me.