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Commission approves change letting city require tree-fund contributions based on use rather than zoning for vacations
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Summary
Ordinance 34-25 modifies the city code governing vacations of plats, easements and rights-of-way so the city may require tree-fund contributions based on the proposed use of a site instead of solely on its zoning designation. The Planning & Zoning Commission approved the change June 4 and the ordinance moves forward to Council.
Mike Struve, planning team coordinator, presented ordinance 34-25 on June 4 to amend the vacation-of-plats code. The proposed change shifts the basis for requiring a contribution to the city tree fund from the property’s zoning designation to the actual use proposed in the vacation application.
Under the revised language staff described, tree-fund contributions would not be required for vacation applications that involve a single-family home or a single-family site work permit. For other situations—such as multi-family development, nonresidential uses allowed in residential zones, or subdivisions—the city may require a contribution to either the general tree fund or the South Cape tree fund if the site is located in South Cape.
Struve said the contribution calculation is based on assessed value of surrounding property on a per-square-foot basis and then uses 50% of that value as the basis for the contribution, a formula the commission had discussed previously when establishing the tree-fund condition.
There was a brief public comment from a resident about an unrelated code-enforcement/landscaping complaint; staff directed the resident to code enforcement and planning staff for follow-up. No substantive amendments were requested to ordinance language.
A motion to approve ordinance 34-25 passed on a unanimous roll call.
Ending: The ordinance was approved by the commission and will go to City Council; staff said the change ensures the city can require tree-fund contributions where vacations enable non-single-family uses or greater site impact regardless of zoning label.
