Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Landscape Ordinance Title 37 topic
No spam. Unsubscribe anytime.
Commission raises concerns that Chipotle, Valvoline developments may not meet Title 37 shade-tree requirements
Summary
Commissioners said the Chipotle on East State Street and a proposed Valvoline site appear to have added large amounts of impervious surface without required shade-tree plantings under Title 37; commissioners estimated the Chipotle could require dozens of trees and warned of potential code penalties and enforcement steps.
At its Jan. 9 meeting, the Athens Shade Tree Commission raised concerns that recent and proposed commercial development on East State Street — including a new Chipotle and a proposed Valvoline — may not comply with Title 37 landscape and shade-tree requirements.
Tristan Kennison, acting as meeting chair, reviewed portions of Title 37 and said the code ties tree-planting requirements to added impervious surface. "Every 1,527 square feet of impervious surface requires at least one shade tree," he said while summarizing the ordinance language. He estimated the Chipotle site could be roughly an acre of added impervious surface, which he said would entitle the property to about 40 large shade trees (or a larger number of medium/small trees). "That's a pretty big infraction in my eyes," Kennison said.
Commission members noted the code includes civil penalties — the transcript cites fines “up to $100 a day” until violations are corrected — and that enforcement would typically require an order from code enforcement. A member asked whether the $100-a-day penalty begins at ground-breaking or after a citation; the commission concluded enforcement would follow citation by code enforcement.
Members said the normal development review path runs through Planning and Zoning and then city council, and that Planning and Zoning is supposed to consult with the Shade Tree Commission on tree requirements. Commissioners said that did not appear to happen for the Chipotle project and that the Valvoline applicant had reached out to the commission in September but received no substantive guidance.
The commission voted to form a subcommittee to restore communications with city staff and to contact property owners and developers to determine whether planting plans or alternatives (including donations to the tree bank or off-site plantings) are planned. Members said they prefer intervening early to seek shading solutions that meet Title 37 requirements rather than pursuing civil penalties.
Commissioners asked staff to re-open contact with the Valvoline lead, identified in the meeting as Luke Kelly, to determine staging of the proposed work and whether tree plantings can be incorporated before parking and paving are finalized. The commission did not issue an enforcement order at the meeting but said it would explore editing its procedures to ensure Planning and Zoning consults the Shade Tree Commission on projects that trigger Title 37 requirements.
