Council adopts code change to require shade trees along curb edge in new development

The City Council voted unanimously to approve an ordinance amending sections of the Unified Development Code to require planting shade trees between sidewalks and curbs in new development. Planning Director Melissa Daley told the council the change codifies a practice staff has incorporated in recent planned developments and fills a gap in the existing code.

Daley summarized the change: in nonresidential and multifamily districts, shade trees would be required in the parkway (the strip between sidewalk and curb) with ornamental trees placed closer to the building. For single-family lots, tree requirements would vary by lot width — lots under 50 feet would require one shade tree in the parkway adjacent to the lot, while lots wider than 50 feet would require one shade tree per 30 linear feet. The director can grant exceptions where utilities or other constraints prevent planting.

Residents who spoke during the public hearing raised questions about who would be responsible for sidewalk repairs if tree roots damage sidewalks and about the long-term cost of watering and maintaining street trees. Daley and other staff said ownership and maintenance vary: typically property owners are responsible for repairs out to the property line (which includes the sidewalk), though some planned developments place maintenance responsibilities with a homeowners association; staff also said that, within the right of way, the city has restrictions and may have maintenance duties in some circumstances.

The Planning and Zoning Commission recommended approval 5–0 at its regular meeting, and staff recommended approval. A council member moved to approve “ordinance number 2 5 dash 1 0 dash 1 6 dash 5 0” amending multiple UDC subsections as presented; the motion was seconded and passed unanimously.