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

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Transcript

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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

31:38a

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.