HomeMy WebLinkAboutAgenda Item - 2001-05-01 - Number 8.1 - 8. 1
CITY OF LAKE OSWEGO 05/01/01
AGENDA REPORT SUMMARY
MEETING DATE: May 1, 2001
SUBJECT: Ordinance No. 2289, a general ordinance of the City of Lake Oswego amending
Chapter 55 (tree Code) relating to the nomination and removal of heritage trees
in public rights of way, and revising the requirements of the Code to obtain and
record a covenant designating a heritage tree.
RECOMMENDED MOTION:
Move to direct staff to prepare Ordinance No. 2289 for final adoption.
EST. FISCAL IMPACT: ATTACHMENTS: NOTICED (Date):
N/A • Council Report, dated April
13, 2001. (Copies are
STAFF COST: $ available in Public Affairs
and will be available at the
BUDGETED: meeting.) Ordinance no.: 2289
Y N Resolution no.: N/A
FUNDING SOURCE:
Previous Council
consideration: N/A
LOPMENT REVIEW ASST. CITY MANAGER CI ANAGER
MANAGER
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TO: Douglas J. Schmitz, City Manager
FROM: Hamid Pishvaie, Development Review Manager
SUBJECT: Public Hearing on Ordinance No. 2289, Amending Lake Oswego Code, Chapter
55 (Trees)
DATE: April 13, 2001
ACTION
Consider Ordinance No. 2289, a general ordinance of the City Council of the City of Lake Oswego
amending Chapter 55 (Tree Code)relating to the nomination and removal of heritage trees in public rights
of way, and revising the requirements of the Code for obtaining and recording a covenant designating a
heritage tree in general.
BACKGROUND
On October 5, 2000,the City Council adopted major revisions to Chapter 55 (Tree Code),including
provisions for the nomination and removal of heritage trees on private and City owned properties. The
issue of heritage trees located in public rights of way was not addressed at that time. The Council is
required to hold a hearing in order to adopt the proposed amendments.
DISCUSSION
A proposed amendment document has been included(Exhibit A) for the Council's reference purposes.
This document is the official Ordinance,which includes all proposed changes to the existing Chapter 55.
These changes are ideintifed below by the Code sections, including:
• Nomination process for heritage trees that are located in public rights of way, both under the City or
County jurisdiction. [LOC 55.06.020(1)].
• Review and follow up process for heritage trees both on private or public properties, and in public
rights of way. [LOC 55.06.030].
• Protection and/or removal of heritage trees from public rights of way. [LOC 55.06.040].
• Recognition of heritage trees in the public rights of way. [LOC 55.04.050].
RECOMMENDATION
Direct staff to prepare the final draft of Ordinance 2289 for adoption by the City Council.
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DRAFT
ORDINANCE No. 2289
AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 55
(TREES), ARTICLE 55.06, REVISING THE PROCESS FOR NOMINATION AND
REMOVAL OF TREES LOCATED ON PUBLIC RIGHT-OF-WAY AND REVISING
REQUIREMENTS TO OBTAIN AND RECORD A COVENANT DESIGNATING A
HERITAGE TREE
The City of Lake Oswego ordains as follows:
The Lake Oswego Code is hereby amended by deleting the text shown by strikeout and adding
the new text shown in redline and underline.
Section 1. Section 55.06.020 is hereby amended to read as follows
55.06.020 Nomination.
1. Any person may nominate a particular tree or trees as a Heritage Tree. If the proposed
Heritage Tree is located on property other than City property or public right-of-way under City
or County jurisdiction, the nomination shall be submitted by the property owner or accompanied
by the property owner's written consent. If the proposed Heritage Tree is located on City
property or public right-of-way under City or County jurisdiction, the nomination shall be
submitted to the City Manager or County Administrator, as appropriate; if the nomination is
consented to by the City or County, the City Manager or County Administrator shall submit the
nomination to forwarded to the City departments responsible for use and/or maintenance of the
prior to eensideratien by the Natural Resources
Advisory Board (NRAB)pursuant to LOC 55.06.030.
2. Nomination shall be made on such form as required by the City Manager. The
nomination form shall include a narrative explaining why the tree qualifies for Heritage Tree
status pursuant to the description in LOC 55.06.010 and the written consent of the property
owner as described in subsection 1 of this section.
(Ord. No. 2159, Enacted, 11/04/97)
Section 2. Section 55.06.030 is hereby amended to read as follows
55.06.030 Review Process.
1. The NRAB shall review all Heritage Trees nominations at a public meeting. Notice of
the meeting shall be provided to the nominating applicant, the property owner (unless the
nominated tree is located on public right-of--way under City or County jurisdiction, in which
event notice shall be given to the respective City Manager or County Administrator) and the
Chair of any recognized neighborhood association in which the tree is located.
2. Staff shall prepare a report for the NRAB analyzing whether the tree complies with the
requirements for designation.
3. After considering the staff report and any testimony by interested persons, the NRAB
Ordinance No. 2289 EXHIBIT A
Page 1 of 4
87
shall vote on the nomination. The NRAB may designate a tree as a Heritage Tree if the Board
determines that the following criteria are met:
a. The tree or stand of trees is of landmark importance due to age, size, species,
horticultural quality or historic importance; and
b. The tree is not irreparably damaged, diseased, hazardous or unsafe, or the applicant is
willing to have the tree treated by an arborist and the treatment will alleviate the damage, disease
or hazard; and
c. The property owner executes a covenant running with the land as described in
subscction 4 of this Section.
4. Following approval of the nomination by the NRAB:
a. If the tree is located on private property, the designation shall be complete upon the
Property Owner's execution of a The covenant running with the land required in subsection
(3)(c) of this section suitable for recordation shall be recorded by the City
the designation by the NRAB. (If the NRAB denies the application, the covenant shall be
returned to the property owner.) The covenant shall describe the subject property, generally
describe the location of the heritage tree, and covenant that the tree is protected as a "Heritage
Tree" by the City of Lake Oswego and is therefore subject to special protection as provided in
LOC Chapter 55.
b. If the tree is located on public right-of-way, the designation shall be complete upon
the Staffs listing of the tree on the City Heritage Tree records.
5. If the tree is located on the public right-of-way, the City or County, as appropriate, shall
condition any future Property Owner-requested vacation of the public right-of-way upon the
execution of a covenant in accordance with Section 4. above,which shall be recorded by the City
upon the vacation of the right-of-way.
(Ord. No. 2159, Enacted, 11/04/97).
Section 3. Section 55.06.040 is hereby amended to read as follows
55.06.040 Protection of Heritage Trees.
1. Unless the tree qualifies for a dead or hazard tree removal permit, a permit to remove a
designated Heritage Tree shall be processed as a Type II Tree Removal Permit subject to the
criteria contained in LOC 55.02.080, as modified by subsection 2 of this section.
2. If an application to remove a Heritage Tree is sought pursuant to LOC 55.02.080 the
applicant shall demonstrate that the burden imposed on the property owner, or, if the tree is
located within the public right-of-way under City or County jurisdiction, then the burden
imposed on the respective City or County by the continued presence of the tree outweighs the
public benefit provided by the tree in order to comply with 55.02.080(3). For the purposes of
making this determination, the following tree impacts shall not be considered unreasonable
burdens on the property owner, or if appropriate, the City or County:
a. View obstruction;
b. Routine pruning, leaf raking and other maintenance activities; and
c. Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate
pruning or maintenance.
3. Unless the permit is to remove a dead or hazard tree pursuant to LOC 55.02.042(3) or(4),
Ordinance No. 2289
Page 2 of 4
88
the applicant to remove a heritage tree shall be required to mitigate for the loss of the tree
pursuant to LOC 55.02.084.
4. Any person who removes a Heritage Tree in violation of Article 55.06 shall be subject to
the penalties provided in LOC 55.02.130. In addition, the violator shall be subject to double the
enforcement fee established pursuant to LOC 55.02.130(3).
(Ord. No. 2159, Enacted, 11/04/97)
Section 4. Section 55.06.050 is hereby amended to read as follows
55.06.050 Recognition of Heritage Trees.
1. A Heritage Tree plaque shall be designed and may be furnished by the City to the
property owner, or if the tree is in the public right-of-way, to the appropriate City or County
official, of a designated Heritage Tree. The City may charge a fee to cover the costs of the
providing the plaque. The plaque shall be posted at a location at or near the tree and, if feasible,
visible from a public right-of-way.
2. The Planning Department shall maintain a list and map of designated Heritage Trees.
(Ord. No. 2159, Enacted, 11/04/97)
Section 5. Section 55.06.060 is hereby amended to read as follows
55.06.060 Removal of Heritage Tree Designation.
A Heritage Tree shall be removed from designation if it dies or is removed pursuant to LOC
55.06.040. If removed from private property, the City shall record a document extinguishing the
covenant. (Ord. No. 2159, Enacted, 11/04/97)
Section 6. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Read by title and enacted at the regular meeting of the City Council of the City of Lake Oswego
held on day of , 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
Judie Hammerstad, Mayor
Dated:
Ordinance No. 2289
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89
ATTEST:
Robyn Christie, City Recorder
APPROVED AS TO FORM:
David D. Powell, City Attorney
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