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Council denies street-tree waiver for Madison Avenue redevelopment after council debate
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Summary
Council split over a developer's request to waive street-tree requirements for a proposed redevelopment at 601 Madison Avenue; staff recommended denial, council voted to require trees (waiver failed 3–2), and the developer warned the project may be jeopardized without the waiver.
The City of York Council debated and ultimately rejected a street-tree waiver for a proposed redevelopment of the Madison Avenue School site at 601 Madison Avenue on April 21.
The planning-area waiver request (part of Resolution 32) included three waiver items; council approved items 1 and 2 but separated item 3 — the street-tree waiver — for a separate vote after extended discussion about density, parking and neighborhood impact.
Why it matters: Street-tree requirements are part of the city's efforts to maintain canopy and green space. Council members questioned whether granting a waiver would undermine the comprehensive-plan goals for trees and public health; the developer said strict tree requirements would make the project infeasible without reducing unit count or parking.
Developer Dylan Bauer of Royal Square Development told council the site is almost entirely paved and would not accept trees without reducing required parking or impeding emergency-vehicle access. Bauer said the project as proposed would include 41 one-bedroom units and roughly 51 parking spaces; he argued that moving to a lower parking ratio or forcing tree plantings could make the project unviable. "There are no trees. We've planted many trees in the city, but there's no room for them," Bauer said, adding that adding trees could push retaining walls and crack sidewalks.
Council members framed the question differently. One councilmember said the lack of current trees "does not mean they are not needed and wanted," and emphasized the city's tree-canopy goals in the comprehensive plan. Staff had recommended denial of the tree waiver and supported reestablishing a tree canopy in that area.
When council voted separately on the street-tree waiver, the roll call recorded three 'No' votes (opposing the waiver) and two 'Yes' votes (approving the waiver); the motion to waive the street trees failed, meaning the applicant will be required to meet street-tree requirements unless a future variance or redesign is approved.
Developer response and next steps: Bauer said he may have to revisit unit count or other design elements if the waiver is denied. Planning staff and the planning commission will continue to coordinate with the applicant; the developer has the option to revise plans and return to council or seek other approvals.
The council approved the other waiver items in the resolution (items 1 and 2) during the same meeting; the denial applied only to the street-tree portion of the waiver request.
Vote tally (street-tree waiver): Yes 2, No 3.
