The URL can be used to link to this page

Home My WebLink About2005.11.10_OEDA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY TYPE OF MEETING: Regular DATE: November 10, 2005 TIME: 10:00 a.m. PLACE: Owasso City Hall Main Conference Room I I I North Main f Notice and agenda filed in the office of the City Cl /� at 11:00 a.m. on Friday, November 4, 2005. > / 1. Call to Order & Roll Call Mr. Enzbrenner, Chairman Rickey Hays s, AGENDA OEDA FILE on the City Hall bulletin board Development Director D Q a 02uw� wvi" NOT 2. Request Approval of Minutes of the October 13, 2005 Regular meeting. Mr. Enzbrenner Attachment #2 3. Request Approval of Claims. Mr. Enzbrenner Attachment #3 4. Presentation of Financial Report. Ms. Bishop Attachment #4 5. Update from Economic Development Director. Mr. Hayes Attachment #5 OEDA November 10, 2005 Page 2 6. Report from Community Development Director Mr. Wiles 7. Report from the Public Works Director Ms. Stagg 8. Report from OEDA Manager. Mr. Ray 9. Discussion relating to ideas and scope of Owasso Economic Development Activity for Fiscal Year 2005-2006. Mr. Ray Attachment #9 10. Consideration and appropriate action relating to a presentation of a proposed landscape ordinance. Mr. Ray Attachment # 10 11. New Business. 12. Adjournment. OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF REGULAR MEETING Thursday, October 13, 2005 The Owasso Economic Development Authority met in regular session on Thursday, October 13, 2005 in the Main Conference Room at Owasso City Hall per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 11:00 a.m. on Friday, October 7, 2005. ITEM 1: CALL TO ORDER & ROLL CALL Chairman Frank Enzbrenner called the meeting to order at 10:04AM. PRESENT Frank Enzbrenner, Chairman Dee Sokolosky, Vice Chairman Steve Cataudella, Trustee Gary Akin, Secretary Tom Kimball, Trustee A quorum was declared present. ABSENT David Chamey, Trustee Ray Thomas, Trustee STAFF Ana Stagg, Public Works Director Sherry Bishop, Finance Director Rickey Hayes, Economic Development Director Julie Trout Lombardi, City Attorney OTHERS Randy Cowling Rodney Ray, City Manager Eric Wiles, Community Development Tim Rooney, Assistant City Manager Juliann Stevens, Administrative Assistant ITEM 2: REQUEST APPROVAL OF MINUTES OF THE SEPTEMBER 8, 2005 REGULAR MEETING. Mr. Kimball moved, seconded by Mr. Akin, to approve the minutes of the September 9, 2005 regular meeting. AYE: Kimball, Akin, Enzbrenner, Cataudella, Sokolosky NAY: None ABSTAIN: None Motion carried 5-0. Owasso Economic Development Authority October 13, 2005 ITEM 3: REQUEST APPROVAL OF CLAIMS. No Claims AYE: None NAY: None ABSTAIN: None ITEM 4: PRESENTATION OF FINANCIAL REPORT. After a review of the attached report, no questions were asked of Ms. Bishop. ITEM 5: UPDATE FROM ECONOMIC DEVELOPMENT DIRECTOR After a review of the attached report, no questions were asked of Mr. Hayes. ITEM 6: REPORT FROM COMMUNITY DEVELOPMENT DIRECTOR Mr. Wiles provided an update on the September building permit report, commented on the residential building within the City, and provided information regarding upcoming items before the Annexation Committee and Planning Commission ITEM 7: REPORT FROM PUBLIC WORKS DIRECTOR Ms. Stagg gave a brief report on various street development projects, and other Public Works related items. ITEM 8: REPORT FROM OEDA MANAGER Mr. Ray provided a brief report relating to the upcoming "4-to-Fix the County" election and ODOT projects in the Owasso area. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE APPOVAL OF FUNDING FOR THE DEVELOPMENT OF A SPECIFIC CORPORATE RELOCATIN WEBSITE LINK TO BE MADE ACCESSIBLE THROUGH THE CURRENT CITY OF OWASSO'S ECONOMIC DEVELOPMENT WEBSITE. Due to technical difficulties with the presentation, Chairman Enzbrenner moves to item # 11 on the agenda. Mr. Hayes presented the item and introduced Mandy Vavronak with Crossroad's Communications. Mr. Akin leaves at 11:10AM. -2- Owasso Economic Development Authority October 13, 2005 Mr. Enzbrenner moved to approve one half of the funding costs of the development of the Corporate Relocation Website Link to be made accessible through the current City of Owasso's Economic Development Website, seconded by Mr. Sokolosky. AYE: Enzbrenner, Sokolosky, Kimball, Cataudella NAY: None ABSTAIN: None Motion carried 4-0. ITEM 10: DISCUSSION RELATING TO IDEAS AND SCOPE OF OWASSO ECONOMIC DEVELOPMENT ACTIVITY FOR FISCAL YEAR 2005-2006 Mr. Akin returns at 11:13AM. Due to time constraints, this item was stricken and will be placed on the November 2005 OEDA Agenda. ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR TRUSTEE APPROVAL OF RESOLUTION NO. 2005-05. This item was heard prior to item # 10. Mr. Ray presented the item, a resolution designating the E. 86th Street North Widening Project from US Hwy 75 to Main Street, Owasso as the City of Owasso's priority for "4-to-Fix the County" funding and that such project be recommended to the Tulsa County Board of Commissioners for priority funding from proceeds of any extension of the "4-to-Fix the County" Sales Tax Capital Financing Program. Mr. Kimball moved to approve Resolution No. 2005-05 and include the following wording change: "the E. 86th Street North Widening Project from US HWY 75 to Main Street, Owasso be paid for in its entirety from the proceeds of any extension of the "4-to-Fix" the County" Sales Tax Capital Financing Program". Mr. Cataudella seconded to approve Resolution No. 2005-05 and include the additional wording. Chairman Enzbrenner returns to Item #9. AYE: Kimball, Cataudella, Akin, Enzbrenner, Sokolosky NAY: None ABSTAIN: None Motion carried 5-0. ITEM 12: DISCUSSION RELATING TO THE LENGTH OF TERMS AND TERM LMITS FOR OEDA TRUSTEES. Mr. Ray presented the item for discussion. Mr. Akin leaves at 11:15AM. Mr. Ray explained the City Council desire to seek input from the OEDA regarding the current length of terms for Trustees and term limits. Length of OEDA terms and term limits were discussed. Mr. Ray requested permission to speak with absent members of the OEDA regarding this issue. The present body agreed, Mr. Ray noted that he will -3- Owasso Economic Development Authority October 13, 2005 discuss this issue with absent members of the OEDA and report back to the Authority and the City Council in November. ITEM 13: NEW BUSINESS None ITEM 14: ADJOURNMENT Motion made by Mr. Kimball, seconded by Mr. Cataudella to adjourn. At 11:47am, the meeting was adjourned. AYE: Kimball, Enzbrenner, Sokolosky, Cataudella NAY: None ABSTAIN: None Motion carried 4-0. Frank Enzbrenner, Chairman Date Approved MEMORANDUM TO: THE HONORABLE CHAIR & TRUSTEES OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RICKEY HAYES, ECONOMIC DEVELOPMENT DIRECTOR SUBJECT: OEDA CLAIMS FOR OCTOBER 2005 DATE: November 4, 2005 There were no claims for October 2005. Owasso Economic Development Authority Statement of Revenues, Expenses and Changes in Fund Net Assets For the Month Ending October 31, 2005 MTD YTD Budget Operating Revenues $0.00 $0.00 $0.00 Operating Expenses: Materials & supplies 0.00 0.00 0.00 Services & other charges 0.00 0.00 5,000.00 Capital outlay 0.00 0.00 0.00 Total Operating Expenses 5,000.00 0.00 0.00 Operating Income (Loss) 0.00 (5,000.00) 0.00 Non -Operating Revenues (Expenses): Investment income 30.11 161.30 70.00 Promissory note revenue 0.00 100,000.00 400,000.00 RAN debt service & other costs 0.00 (102,575.34) (421,250.00) Total non -operating revenues (expenses) 30.11 (21,180.00) (2,414.04) Net income (loss) before contributions and transfers 30.11 (2,414.04) (26,180.00) Transfer from general fund 0.00 0.00 0.00 Change in net assets (26,180.00) 30.11 (2,414.04) Total net assets - beginning 67,034.76 67,034.76 Total net assets - ending $40,854.76 $64,620.72 MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RICKEY HAYES DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: DIRECTOR'S REPORT DATE: November 4, 2005 Smith Farm Marketplace is completely open except for Linens-N-Things and Lane Bryant. Build outs continue on the Smith Farms Centre (the out -pads). The 96th and Garnett street widening projects are at substantial completion for the Phase one area which consists of 96th Street and the 961h and Garnett intersection. Work continues on Phase 2 which is the area of Garnett south of the fire station to the intersection at 86th Street and Garnett. Construction continues on a 52,000 square ft. retail strip in phase one of Tyann Development's plans for the area on the east side of US 169 around the Home Depot, and plans have just been released to enlarge the initial building because of leasing demand. Tyann is also completing the service road from 86th to 961h Street on the east side of the highway and substantial completion is expected by the end of November. This site will eventually be home to about 300,000 feet of retail and restaurants, with some mixed use units as well. Both the St. John's Medical Complex and Bailey Medical Center are continuing construction on their sites. Both hospital projects are in design stage for medical out buildings on their prospective sites. Kentucky Fried Chicken is in final completion stages on 76th Street, Chick-Fil-A and Arbys are about to begin construction on new restaurants. Logans Roadhouse begins construction this month. The new Renaissance Center on 86th Street is finished and is leasing retail space just east of Albertsons. Construction on The Albertson's building is under way for an antique and home furnishings outlet called "The Market". The Garrett Creek development broke ground this week on the new Reasors facility at 116' St. North. Several national retailers are in and out of town for site visits and inspections. Commercial sites have investors inquiring from the 96th Street corridor north to 116th. There are several restaurants, at least 4 hotel / motel groups, and several more "big box" retail users in the mix. I am happy to report that the community wide job fair held on October 22°d was successful. Over twenty local businesses took applications and all of them stated that several positions were filled. I am currently working with the relocation team in charge of the Conoco -Phillips relocation of about 600 jobs from Houston, Texas to Bartlesville. I have supplied over 100 information packets on Owasso so far and will provide about 500 more before the project is over next spring. As always, if I can serve you in any way, please call. Your input and direction are always important to the success of our efforts. MEMORANDUM TO: THE HONARABLE CHAIR AND TRUSTEES OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RODNEY J RAY OEDA MANAGER SUBJECT: SCOPE OF WORK FISCAL YEAR 2005-2006 DATE: August 8, 2005 BACKGROUND: As you know, during the July meeting of the Owasso Economic Development Authority, trustees discussed issues that could be included in the scope of work for the OEDA for fiscal year 2005-2006. Staff and OEDA trustees shared comments on various topics related to economic development in the City of Owasso. For the last three years, the main focus of our energy, time, and resources has been the recruiting and assisting site location for national retail outlets into the community. Almost 1.5 million square feet of retail has been developed in the City of Owasso in that time frame, mostly in the 961h Street corridor along US 169. The need to recruit and market Owasso to retailers continues but our focus is shifting to a recruitment and relocation strategy for offices and corporate headquarters operations. Although I believe that there is still substantial retail growth to be realized in Owasso's future, I feel that the next substantial area of growth and investment in the City of Owasso will be in professional office space. The construction and opening of two medical campuses in the third quarter of 2006 will be used as examples (and anchors) for a well planned and aggressive campaign to bring quality jobs to Owasso. The need to create a sustainable and dynamic local economy requires us to be flexible and redirect our marketing efforts and energy to the creation of quality jobs. The overall local economy, including both residential development and retail will be fueled by quality job creation. It is generally agreed that developing the processes necessary to maintain the City of Owasso's outstanding "quality of life" must be our number one priority. Over the last twenty years the hard work, vision, and dedication of many residents has created a solid foundation of growth for the future. The development of quality residential subdivisions, good planning, outstanding schools, the location of transportation routes and facilities, dependable water, sewer, and street infrastructure, and now the addition of national retail and restaurants and two general service community hospitals has given the City of Owasso a distinct advantage for growth. But that growth must be sustainable and founded on a strong local economy with dependable jobs that support the Owasso area. Last months discussion of projects and issues was informative and an opportunity for the OEDA to begin to craft a plan to implement the office relocation strategy. • Comparison Cities During last month's discussion a comment was made that essentially proposed the development of a list of cities with whom we would use for comparison purposes. The City staff has utilized such a method as one means of developing personnel policies and other administrative policies. However, the development of such a "comparison list" could well have an influence on development issues and public policy regarding economic development. The idea of having consistent comparison examples is one that should be explored and developed. Knowing what other cities have done well and not -so -well can save us effort and tax dollars. • The problem of "over regulation" of the development community Concern was voiced regarding the issue of "overregulation" and the accompanying problems associated with a city that has that reputation. There have been concerns from citizens and developers regarding this issue. The task at hand is for development of regulatory policies that insure a quality development process while still making it simple and relatively easy for developers and businesses to invest in our community. Eric Wiles and his staff began the process three years ago of updating the City's sign ordinance. The result was a new sign code that allowed for businesses to advertise their goods and services but still gave assurance that Owasso would not be a victim of the "sign pollution" that many other cities have experienced. The Owasso City Council recently approved a lighting ordinance developed by a committee of citizens and staff that addressed concerns of safe and effective lighting and the creation of guidelines that will provide protection against light pollution while not over burdening retailers and developers. Earlier this year Public Works staff met with developers, engineers, and contractors to discuss the revision and publication of the City of Owasso's Construction Design Criteria. The outcome of those discussions was a document approved by the City Council that details construction criteria for the building of all public infrastructure constructed in the City. At this time a Landscape Ordinance is being crafted by a committee of interested citizens and staff and will be brought to the City Council and Planning Commission for review in the near future. Staff is currently working on review of the Planned Unit Development criteria and is looking at ways to keep PUD development standards regulated for the benefit of both the development community and our citizens. It is my belief that with input and direction from the community, staff can develop a process that will allow the City of Owasso to keep the reputation of being the most "development friendly" community in the Tulsa metro area while benefiting from a high quality built community. Ongoing efforts also include a "rewrite" of 2 the City's "zoning code" (due for completion in May 2006) followed by a new "subdivision regulation" proposal. The issue of government regulation and "quality of life" issues will, undoubtedly, be the focus of most discussions relating to future development and I presume that those discussions will center on "how much is too much" regulation. An emerging Owasso demographic profile leads me to believe that there will be a strong effort by knowledgeable and energized citizens to increase development regulations, perhaps to a point of impacting investment in our community. It is my belief that the appropriate balance to what could become an overzealous "reform" effort is to proactively develop and implement programs such as responsible sign, lighting, and landscape public policies. Such policy combined with effective regulation of land use and development can (and has in many communities) result in quality growth that will incent investment because of the quality image of the community. The OEDA's role in this process can be an active and ongoing participation in the processes to ensure that overregulation and unnecessary burdensome regulations are not the result of those policies. • Technology There may be many issues relating to technology, however, the idea of making all plats available online is one that, if implemented, could have a number of user applications. Initially such a service could assist potential home buyers and their realtors, but the long term uses could extend to business properties, planning uses for HOA's and businesses, as well as eventual use to determine lot availability. At this point the ability of making plats available (discussed initially about two years ago) online has its best opportunity as a part of the new GIS system currently being developed by the City. Eric Wiles and Larry White are currently working to ensure the new GIS system will be capable, and will include the availability of plats and other geographic data as a part of the system. There remains work to be accomplished and the OEDA can play a role in ensuring that input is given and a user friendly product is developed. To compete in this economy, we must keep the City on the cutting edge of technological advancement. Every city department and the future of our entire community is affected by advancing technology in communications, planning, data storage and retrieval, education, and health care. Should the City consider "blanketing" our community with Wi-Fi (wireless) hotspots? Will the incorporation of GIS (geographic information system) keep us ahead of the technology curve? We believe that in order to maintain the quality of life our citizens demand we must incorporate technology quickly and efficiently into our scope of work. • Developing a "Relocation Team" The idea of having a "ready to go" relocation team as a part of our strategy to bring quality jobs to Owasso was mentioned as an important part of our economic development plan. As our marketing efforts have evolved, Mr. Hayes has begun work on the development of additional marketing material aimed at corporate 3 office relocation. The first step of this process is the preparation of a high quality and professionally designed recruitment tool articulating the quality of life of our city and containing other pertinent information needed for the successful recruitment of corporate office customers. Mr. Hayes is currently researching corporate site search data, identifying target prospects, and working to develop relationships with the persons responsible for making decisions to invest human and financial capital in our city. Along with the revision of the City's marketing material we are developing an Economic Development Relocation / Advisory Team. Mr. Hayes is currently creating a mission statement and organizing the first meeting of this group to outline the purpose, work plan, and overall objectives of the relocation group. This group would consist of the Economic Development Director, a member of the OEDA, and representatives from the utilities, the Owasso School system, Public Works, Community Development, and the Chamber of Commerce, as well as a representative from the Oklahoma Depart of Commerce. The purpose of this group would be to plan, develop, and present information and material for major economic development prospects. This is a group that responds specifically to individual relocation prospects. The development and maintenance of this team is vital to the success of our strategic plan and requires an active OEDA participation. • Revitalizing the "Downtown" area The OEDA was the prime "champion" of a viable downtown plan. The development of specific marketing material and planning aimed at the goal of creating an investment district in the downtown area is an ongoing and important project and needs for the OEDA to continue to champion that effort. Discussions have included theme lighting, construction and development guidelines, taking the overhead utilities underground, and small pocket parks. There have also been discussions about the possibility of an art or cultural related outdoor event or festival in the downtown area. Please note that approximately one million dollars of Vision 2025 funds are available for downtown development. Specifications are currently being developed for lighting contracts and relocation of overhead utilities to underground. • Early Childhood Development Preliminary discussions have been held with the Tulsa Community Action group about the development of a quality early childhood training program. A program of this type would involve several agencies and lots of cooperation and collaborative efforts, but is a very important "quality of life" issue. Tulsa leads the state and nation in early childhood education efforts. Owasso must join the effort if we are to attract the kind of investors who will look / seek long term opportunities and communities who invest in their own future. I know there needs to be significant discussion relating to the City's position on this issue and it is hoped that the OEDA will be very proactive in leading such a discussion. 11 • Small Business Incubator The OEDA was the impetus for the creation of a small business incubator located in the "Old Central" complex. The Oklahoma Department of Commerce licensed the Owasso incubator in September, 2003. The incubator has about 7500 square feet of space available. Currently one tenant leases 360 square feet and Mr. Hayes is working with a prospect that is looking to utilize almost all of the remaining space. Incubator clients are offered below market rates with a contingency that they will relocate into commercial space in Owasso after 18-24 months. In order for the incubator to produce results there must be a real effort on the part of the City to ensure affordability and that the rules of use are applied to all users. The major issues with the incubator are: 1). lease price, 2). accessibility to upstairs, 3). enforcement of two year use limit (and relocation requirement) and 4). the recruitment of users. The OEDA is the advisory body for this project and should have an impact on decisions that govern the facility. There are other user of the building and a mutual understanding of the roles of various groups is an imperative. It may be appropriate for the OEDA to conduct a more complete discussion of the incubator concept, it's applications in our community, and whether or not expansion is desired. The Owasso Economic Development Authority is the significant advisory body relating to economic development issues in the city. What is the best strategy for prioritizing our planning, budgeting, and scheduling processes to insure that the City of Owasso stays on course on becoming Oklahoma's premier hometown? I hope these discussions provoke additional ideas and input. The development of sound public policy is dependent upon wise counsel and good advice given elected officials by those who are willing to participate in the process of governing. The scope of work for the OEDA can include many individual issues or projects, some of those you listed and may desire to promote. However, there is a need for good counsel in promoting responsible public policy. As the OEDA determines its course, the issues you have discussed can be prioritized and included in your counsel and recommendations to the City Council. E OEDA SCOPE OF WORK FISCAL YEAR 05/06 DISCUSSION POINTS 9/8/05 • COMPARISON CITIES We need to recognize the danger of picking and choosing other city's policies may prevent us from coming up with creative solutions of our own. Tulsa Home Builders Association survey of development friendly communities in the Tulsa MSA ranked Owasso number one two years ago. As a result other Tulsa metro cities have begun proactive programs to change their policies. Owasso needs to be very careful that we do not rest on our laurels and become lax. We must remain aggressive in our efforts to stay at the top. • "OVER -REGULATION" OF THE DEVELOPMENT COMMUNITY There is a general agreement that certain minimum standards are needed and that some development regulations guarantee a more attractive city. The key is to understand the appropriate "level" of regulation. The OEDA is the "sounding board" for all regulatory policy. The goal of the City of Owasso should be a quality development without oppressive regulation. We should allow investors and developers to be "entrepreneurial" in their design and development standards. We have the issue of having ordinances and not enforcing them, or selectively enforcing them. Some of our ordinances are too detailed. We really don't need a lighting, sign, and landscape ordinance specifically, we simply need broad standards to allow individuality and creativity, but still insure high quality development. The ordinances that we currently have in place or that are in the planning stages tend to be far too complicated, they need to be made more simple and less obtrusive. We need to simplify the zoning, platting, and entitlement process and keep it simple. The purpose of the planning commission is to provide an avenue for public input. Perhaps we need to do away completely with the planning commission. There needs to be a training process for planning commission members, outlining what the role of the commission is, the function of the commission, and what authority the commission operates under. All proposed regulatory policy or proposed ordinances or codes relating to development in the City of Owasso need to be brought to the OEDA for discussion early on. MEMORANDUM TO: OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RODNEY RAY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: REGULATIONS FOR LANDSCAPING IN OWASSO DATE: October 24, 2005 BACKGROUND: At the OEDA meeting on October 13, it was announced that at the November meeting, the OEDA would be given a presentation about the proposed landscape regulations. In order for the City to receive input on the regulations from a business perspective, it is prudent to obtain a review of those regulations by the OEDA. The November presentation will be given by Mr. Wiles, and in December there will be another opportunity for discussion of the regulations. Also in December, the Planning Commission will conduct a public hearing on the regulations to gather input from citizens. Subsequent to the reviews by the OEDA and the Planning Commission, the regulations will be considered by the City Council. At the direction of the City Manager, the staff has drafted standards to guide the placement of landscaping with new developments in Owasso. The standards presented focus on three key issues: 1) landscaping for non-residential and multi -family developments adjacent to public streets, 2) landscaping as a buffer between non- residential/multi-family and existing residential developments, and 3) landscaping for downtown developments. In order to provide the city with a broad perspective and a wide range of input, the Owasso Landscape Standards Committee was formed. Its charge was to evaluate the current conditions of landscaping in Owasso, and to consider possible regulations that could have a positive impact on the nature of landscaping in the community. The committee reported its findings to the City Manager on October 17, 2005, and was comprised of twelve members, eight citizen members and four staff members. List of Members of the Committee Citizen Members Staff Members Steve Compton Corey Burd Duane Coppick Chip McCulley Marilyn Hinkle Timothy Rooney David Horton Eric Wiles Tim Johnson Julie Mullinax Chris Snedden Dr. Dirk Thomas CURRENT CODE REQUIREMENTS: The current zoning code says very little about landscaping. In the site plan review section of the commercial development chapter of the code, it does say that "The site plan shall contain... Proposed location and development of buffer areas, screening and landscaping (section 660.3.e)." These current regulations are insufficient when trying to address the variety of different landscaping plans that accompany developments in Owasso. As the city has grown, the opportunities for incompatibility between residential areas and non-residential areas have increased. It is reasonable to expect that some basic regulations should be considered in an attempt to maintain compatibility between residential uses and non-residential uses. PROCESS USED: The development of the proposed regulations began by examining the current types of landscaping in the community. The different types of landscaping that have widespread use in Owasso include street edge landscaping, clusters of trees and shrubs, parking lot landscaping, residential entrances and perimeters, buffers between commercial and residential developments, and structural landscaping. Next, landscaping ordinances from nine other cities across the state and neighboring areas were examined in order to explore the different ways that landscaping is regulated. A spreadsheet illustrating the basic regulations from these nine cities is attached with this memorandum. The committee then toured the community in order to compare the types of landscaping that exist in different places in Owasso. Once the existing conditions in Owasso and the existing regulations in other communities had been examined, the committee developed a list of issues that were determined to be priorities in the drafting of the landscaping ordinance. These issues were listed in a questionnaire of issues that was discussed and used to derive the framework for the proposed landscaping regulations. That questionnaire of issues is attached with this memorandum. EXPLANATION OF PROPOSED LANDSCAPING ORDINANCE: The proposed landscaping ordinance, attached herewith, begins with a stated introduction and intent: These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. Four purposes are derived from that statement of intent: 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. From those purposes, the ordinance goes on to list definitions of the terms and concepts used in the ordinance, and then the ordinance gets into the regulations themselves. The regulations begin with seven general requirements for landscaping: 1. Required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his/her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. 7. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. The regulations then explain the rules for landscaping as they apply to developments within commercial, industrial, office, and multi -family zoning districts. These types of developments must provide a 10' strip of landscaped edge adjacent to public streets. The landscaped edge may be located within a right-of-way, easement, and/or building setback. Within this landscaped edge, there must be at least one tree planted for every 50 linear feet (four shrubs equal one tree). The required trees may be either spaced apart or grouped together as desired by the applicant. Within the downtown area, new developments are not required to provide a landscaped edge adjacent to public streets. However, the proposed ordinance would require new downtown developments to plant at least one tree for every 50 linear feet adjacent to a street. The downtown area is bounded by East 8e Street North, the Owasso Expressway, 5'h Avenue, and Carlsbad. When new commercial, industrial, office, and multi -family developments are constructed adjacent to existing single-family developments, there must be a 20' landscaped buffer between the two developments. Within this buffer, there must be at least one tree planted for every 30 linear feet. In order to encourage tree preservation, every mature tree that is preserved within the landscape edge during development shall be counted the same as two new required trees. Landscape plans will be reviewed by the Planning Commission as part of the site plan review process. The Board of Adjustment will be given the ability to grant variances to these regulations in cases of hardship. PUBLIC HEARING: In order to gauge public feeling and to incorporate citizen comment into the proposed ordinance, the Planning Commission will conduct a public hearing on the landscaping regulations on December 12, 2005. After public input is received, the proposed ordinance will be taken to the City Council for approval. ATTACHMENTS: 1. Proposed ordinance 2. Spreadsheet of lighting regulations from 9 other cities 3. Questionnaire of issues 4. Presentation handout ORDINANCE No. An ordinance amending the Zoning Code of the City of Owasso, Oklahoma, by creating a new Chapter 19, by adopting new landscaping standards for developments in the City of Owasso. SECTION I. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO that Owasso Zoning Code is hereby amended by adding a new section to be codified as Chapter 19, which section and subsections shall read as follows: Owasso Zoning Code Chapter 19: LANDSCAPING REQUIREMENTS; A. — INTRODUCTION AND INTENT These landscaping and buffer requirements are intended to provide standards that will enhance the general welfare of the public, increase property values, and improve the appearance of the community through preservation of trees, and plants in Owasso. Landscaping, including trees, shrubs, flowers, vegetation, and landscape elements are recognized as effective means of beautifying and enhancing the livability of the City of Owasso. In addition, trees and other landscape features soften the impact of urban development. The standards provided herein are minimum requirements and should not be interpreted as limiting the amount or type of landscaping that a development can provide. B. - PURPOSE The objective of this Ordinance is to establish procedures and practices governing the protection, installation, and long-term maintenance of trees, shrubs, vegetation, and other landscape elements within the City of Owasso. The City's purpose is as follows: 1. To promote the beautification of the City of Owasso. 2. To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties. 3. To safeguard and enhance property values and to protect public and private investment. 4. To provide an ordinance that is reasonable, enforceable, and easily understood by all affected parties. C. - DEFINITIONS ARTERIAL STREET — A street designated as an arterial in the City of Owasso Master Plan. CALIPER — The diameter of the tree trunk measured at 6" above ground level. DAMAGE — Includes any intentional or negligent act that will cause perennial vegetation to decline and die within three years. DOWNTOWN — The area of Owasso bounded by the Owasso Expressway to the east; 86"' Street North to the north, 5'h Avenue to the south, and Atlanta Street to the west. GROUND COVER — Low plants that grow to form a continuous cover over the ground, such as English ivy or grass. LANDSCAPE AREA — The area seen from the street that contains grass, shrubs, flowers, ground cover, trees or native plat materials of any kind and that may include decorative fixtures or accouterments such as rock, pools, and planters. Does not include artificial plants, trees, or vegetation. LANDSCAPE BUFFER — Landscape area required to be provided adjacent to an existing single-family district in multi -family and non-residential areas. LANDSCAPED EDGE — Landscape area required to be provided adjacent to a street or highway in multi -family and non-residential areas. LANDSCAPING — Any living organic plant material including trees, shrubs, flowers, ground cover, vegetation, vines or grass. MAINTENANCE — In reference to landscaping includes irrigating, pruning, mulching, mowing, spraying, fertilizing, propping, bracing, treating for disease or injury, and any other similar acts that promote the life, growth, health or beauty of the landscape vegetation. SHRUB — A bushy, woody plant, usually with several permanent stems and usually not over ten feet high at its maturity. TREE — Any self supporting woody plant having one or more defined stems or trunks and having a defined crown that customarily attains a mature height of eight feet or greater. D. General Landscaping Requirements These standards shall apply to all areas where landscaping is required by this ordinance. 1. Required landscaping shall not include artificial plants, trees, or other artificial vegetation. 2. Landscaping shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets. 3. All required plant material shall be maintained in a healthy and growing condition, and must be replaced if damaged, destroyed, or removed. 4. Landscaped areas shall be kept free of trash, litter, and weeds. 5. The list of suggested trees and discouraged trees shown in Appendix A attached hereto, are provided for guidance and will not be used as requirements in the site plan review process. 6. The Community Development Director or his/her designee may lessen the requirements of this ordinance for a development when it is determined that the development complies with the intent of this ordinance and is taking appropriate steps to provide landscaping. 7. No site plan submitted to the Planning Commission prior to the effective date of this ordinance shall be required to conform to the landscaping requirements of this ordinance. E. — Commercial, Industrial, Office and Multi -family Landscaping Requirements These standards shall apply to all commercial, industrial, office, and multi -family zoning districts. Landscaping along street right-of-way: A landscaped edge shall be provided adjacent to all frontage roads, arterial streets, collector streets, and local streets. The landscaped edge shall be a minimum depth of ten feet. Within the landscaped edge, one tree shall be planted per 50 linear feet of landscaped edge. The number of required trees shall be calculated solely on the linear frontage of the required landscaped edge. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. For developments in the downtown, one tree shall be planted per 50 linear feet of street frontage. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. No specific width of landscaped edge shall be required for developments in the downtown. Landscaping as a buffer between landscaping -required developments and existing single- family developments: For all new commercial, industrial, office and multi -family developments, a landscaped buffer shall be provided adjacent to all existing single-family residential developments. The landscaped buffer shall be a minimum depth of twenty feet. Within the landscaped buffer, one tree shall be planted per 30 linear feet of landscaped buffer. The number of required trees shall be calculated solely on the linear frontage of the required landscaped buffer. Trees may be grouped together or evenly spaced. Four shrubs shall be counted as the equivalent of one tree. F. — Tree Preservation and Protection The purpose of this section is to establish incentives for the preservation of existing trees within the City of Owasso and to provide guidelines for the protection of trees during construction, development, or redevelopment. Tree Preservation Credits — For every large, mature tree (8" caliper or larger) preserved in an area where landscaping is required by this ordinance, the developer shall be given credit for two trees as required by this ordinance. Only trees in good condition shall be considered for credit. Landscape Plan — The landscape plan that is required to be submitted with the site plan shall include the approximate location, size (caliper and height), condition and common name of each tree to be preserved for which the applicant is requesting tree credits. Replacement of Trees — Replacement trees will be required when any tree that was shown on a landscape plan is removed or dies. Any tree with a caliper of less than three inches shall be replaced by the same caliper of tree. Trees that are larger than three inches in caliper shall be replaced with a tree with a minimum caliper of three inches. G. — Care of Trees on Public Land The City shall have the right to prune and remove trees, plants, and shrubs within the public right of way lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure public safety, to preserve or enhance the symmetry and beauty of the public area, or to protect public utility facilities thereon. H. — Landscape Plan Landscape plans shall be reviewed and approved by the Planning Commission as a part of the site plan review of all proposed developments. Upon completing their review, the Planning Commission shall: Approve the landscape plan as complying with the requirements of this ordinance, or 2. Approve the landscape plan with conditions that bring it into compliance with the requirements of this ordinance, or Reject the landscape plan as failing to comply with the requirements of this ordinance. The required landscape plan shall contain the following: The date, scale, north arrow, project name and the name of the owner and designer. 2. The location of property lines and dimensions of the tract. 3. The approximate center line of existing water courses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot. 4. The location, size, and type (tree, shrub, ground cover, or grass) of proposed landscaping and the location and size of the proposed landscaped areas. 5. Planting details and/or specifications. 6. The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees that are to be retained from damage during construction shall be described. I. - Nonconformities Any landscaped or non -landscaped developments existing prior to the adoption of this ordinance are considered legal and non -conforming. Any new developments placed upon properties within Owasso must meet the requirements of this ordinance. I — Variances The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this ordinance only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this ordinance, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the ordinance will result in unnecessary hardship. K. - Severability All laws and clauses of laws in conflict herewith are hereby repealed to the extent of said conflict. If this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance that can be given separate effect and to this end the provisions of this ordinance are declared to be severable. In addition, all landscaping will conform to all other applicable codes and regulations of the City of Owasso. L. — Penalty Violation of this ordinance shall be considered a Class "C" violation of the Owasso Code of Ordinances, provided for in Part 1 (General Provisions), Section 1-I08C. Unless after the date hereof a different penalty is provided, any person convicted of violating this ordinance shall be punished by a fine of not more than Two Hundred Dollars ($200.00) per day excluding costs. SECTION 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. APPROVED this day of , 2005. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney City of Owasso, Oklahoma Mayor APPENDIX A List of Suggested Trees 1) .American Basswood --- Tilia Americana 2) American Elm --- Ulmus Americana 3) American Smoketree --- Cotinus obovatus 4) American Sycamore --- Platanus occidentalis 5) Atlas Cedar --- Cedrus atlantica 6) Bald Cypress --- Tww&um distichum 7) Bitternut Hickory --- Carya cordifornis 8) Black Cherry --- Prunus serotina 9) Black Gum --- Nyssa sylvatica 10) Black Hickory --- Carya texana 11) Black Oak --- Quercus velutina 12) Black Walnut --- Juglans nigra 13) Boxwood --- Buxus sempervirens 14) Bur Oak --- Quercus macrocarpa 15) Canadian Hemlock --- Tsuga Canadensis 16) Carolina Silverbell --- Halesia tetraptera 17) Chinese Juniper --- Juniperus chinensis 18) Chinese Pistache --- Pistacia chinensis 19) Chinese Scholar Tree --- Shphora japonica 20) Chinkapin Oak --- Quercus muehlenbergii 21) Dawn Redwood --- Metasequoia glyptostroboides 22) Dogwood --- Cornus jlorida 23)Eastern Arbor -vitae --- Thuja occidentalis 24) Eastern Red Cedar --- Juniperus virginiana 25) Eastern White Pine --- Pinus strobes 26) English Oak --- Quercus robur 27) European Smoke Tree --- Cotinus coggWria 28) Fringetree --- Chionanthus virginicus 29) Green Ash --- Fraxinus pennsylvanica 30) Golden Rain Tree --- Koelreuteria paniculata 31) Hackberry --- Celtis occidentalis 32) Hedge Maple --- Acer campestre 33) Hop Hornbeam --- Ostrya virginiam 34) Hornbeam --- Carpinus betulus 35) Ironwood --- Carpinus caroliniana 36) Japanese Black Pine --- Pinus thunbergii 37) Japanese Snowbell Tree --- Styrax japonicus 38) Japanese Yew --- Taxis cuspidata 39) Japanese Zelkova --- Zelkova serrata 40) Kentucky Coffee Tree --- Gymnocladus dioicus 41) Lacebark Elm --- Ulmus parvifolia 42) Leyland Cypress --- X Culpressocyparis leylandii 43) Littleleaf Linden --- Tilia Cordata 44) Loblolly Pine --- Pinus taeda 45) Mockernut Hickory --- Carya tomentosa 46) Mugo Pine --- Pinus mugo 47) Northern Catalpa --- Catalpa speciosa 48) Northern Red Oak --- Quercus rubra 49) Norway Maple --- Acer platanoides 50) Norway Spruce --- Picea abies 51) Nutmeg Hickory --- Carya myristicifiormis 52) Nuttall's Oak --- Quercus taxana 53) Oriental Arbor -vitae --- Platycladus orientalis 54) Overcup Oak --- Quercus lyrata 55) Paperbark Maple --- Acer griseum 56) Pin Oak --- Quercus palustris 57) Post Oak --- Quercus stellata 58) Red Maple --- Acer rubrum 59) Redbud --- Cercis Canadensis 60) River Birch --- Betula nigra 61) Rocky Mountain Juniper --- Juniperus scopulorum 62) Sassafras --- Sassasfras albidum 63) Saucer Magnolia --- Magnolia x soulangiana 64) Scotch Pine --- Pinus sylvestris 65) Shagbark Hickory --- Carya ovata 66) Shellbark Hickory --- Cayra laciniosa 67) Shortleaf Pine --- Pinus echinata 68) Shumard Oak --- Quercus shumardi 69) Sourwood --- Oxydendrum arboretum 70) Southern Catalpa --- Catalpa bignoniodes 71) Southern Red Oak --- Quercus Falcata 72) Staghorn sumac --- Rhus typhina 73) Sugar Maple --- Acer saccharum 74) Sugarberry --- Celtis laevigata 75) Swamp White Oak --- Quercus bicolor 76) Sycamore --- Patanus occidentalis 77) Trident Maple --- Acer buergerianum 78) Tulip Tree --- Liriodendron tulipifera 79) Washington Hawthorne --- Crataegus phaenopyrum 80) Water Oak --- Quercus nigra 81) Western soapberry --- Sapindus drummondii 82) White Ash --- Fraxinus Americana 83) White Oak --- Quercus alba 84) Willow Oak --- Quercus phellos 85) Winged Elm --- (/brus alata 86) Yellowwood --- Cladrasts kentukea List of Discouraged 'frees 1) Common Persimmon --- Diospyros virginiana 2) Osage -Orange --- Maclura pomifera 3) Pawpaw --- Asimina triloba 4) Wild Crabapple --- Malus ionensis 5) Water Locust --- Gleditsia aquatica 6) Black Locust --- Robinia pseudoacaia 7) Hercules Club --- Zanthoxylum clava-herculis 8) Bradford Pear --- Pyrus calleryana 9) Cottonwood --- Populus deltoids 10) Sweetgum --- Liquidambar styracflua CITY Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS Average CITY Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS Average CITY Broken Arrow, OK Fort Worth, TX Edmond, OK Mesa, AZ Norman, OK Oklahoma City, OK Tulsa, OK Sand Springs, OK Wichita, KS MULTI -FAMILY RESIDENTIAL LANDSCAPE REQUIREMENTS Landscaping along street right-of-way Trees and spacing 1 per 50 linear feet No stated requirement 1 per 30 linear feet 1 per 12.5 linear feet 1 per 40 linear feet 1 per 40 linear feet 1 per 35 linear feet 1 per 35 linear feet 1 per 500 square feet 1 per 35 linear feet # of trees per dwelling two No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement Shrubs and spacing 1 per 5 linear feet No stated requirement 1 per 12.5 linear feet 1 per 4 linear feet 1 per 10 linear feet 1 per 10 linear feet No stated requirement No stated requirement 1 per 50 square feet 1 per 8 linear feet Width of required landscaped edge 35 feet No stated requirement Ten feet 15 feet Five feet No stated requirement Five feet Ten feet No stated requirement 13 feet Parking lot and other landscaping requirements Entrance requirements 180 sq. ft. of landscaping No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement No stated requirement Most cities don't regulate Most cities don't regulate # of parking spaces per tree 10 No stated requirement No stated requirement 8 No stated requirement No stated requirement 12 12 20 12 spaces per tree SINGLE-FAMILY SUBDIVISION LANDSCAPE REQUIREMENTS Landscaping along street right-of-way Trees and spacing 1 per 50 linear feet No stated requirement No stated requirement No stated requirement No stated requirement 1 per 75 linear feet No stated requirement No stated requirement No stated requirement Average Most cities don't regulate % of streetyard to be landscaped No stated requirement No stated requirement 15% No stated requirement No stated requirement No stated requirement 15% 15% 6% Most cities don't regulate P] 3 4. 5 P� 7 S QUESTIONNAIRE OF ISSUES Landscaping Ordinance Steering Committee Should the City of Owasso require a landscaped edge along the street perimeter of non-residential developments? Yes: 8 No: 0 Should the City of Owasso set a required number of trees and shrubs per foot along the street perimeter of non-residential developments? Yes: 6 No: 2 Should the City of Owasso set a maximum distance that each parking space in a non-residential development may be from a tree? Yes: 1 No: 7 Should the City of Owasso set a minimum size for landscape islands within a non-residential parking lot? Yes: 4 No: 4 Should the City of Owasso set a maximum number of parking spaces per tree within a non-residential parking lot? Yes: 4 No: 4 Should the City of Owasso require a landscaped edge along the street perimeter of multi -family developments? Yes: S No: 0 Should the City of Owasso set a required number of trees and shrubs per foot along the street perimeter of multi -family developments? Yes: 6 No: 2 Should the City of Owasso require a landscaped edge along an arterial perimeter of single-family developments? Yes: 3 No: 5 9. Should the City of Owasso offer relaxed standards for developments that incorporate the preservation of existing trees into their plans? Yes: 8 No: 0 10. Should the City of Owasso require a landscape plan to be submitted with all non-residential site plans and with all residential preliminary plats? Yes: 8 No: 0 11. Should the City of Owasso provide a list of approved trees or disallowed trees? Approved:1 Disallowed:5 Both:2 Neither:0 12. Should the City of Owasso regulate minimum tree sizes for landscaped areas? Yes: 8 No: 0 13. Should the City of Owasso provide landscaping exemptions for developments along Main Street between 76"i Street and 86 h Street? Yes: 3 No: 1 Other: 4 14. Should the City of Owasso require landscaping buffers between non- residential developments and existing residential areas? Yes: 8 No: 0 PROPOSED LANDSCAPE ORDINANCE Existing Regulations • The Site Plan shall contain proposed location and development of buffer areas, screening and landscaping (zoning section 660.3.e). Process Used to Develop Ordinance 1. The Committee's charge — To research and recommend landscaping standards for the City of Owasso 1 Process Used to Develop Ordinance 2. Examine and discuss apparent examples of appropriate or inadequate landscaping that already exists in Owasso Process Used to Develop Ordinance 3. Examine Existing Landscaping Ordinances from other cities Examine Other Cities' Ordinances • Prepare spreadsheet that explains landscaping standards from 9 other cities 2 Process Used to Develop Ordinance 4. Tour the Owasso Community and inventory different examples of landscaping ,s" , s��'r'� �' „�ttifyG�'�z"R' a'. y� � �r _ _ �' /"'" fir, 'ae .i` r .� `x '� �'�. ��r � _ �.� -- 1 .f �`' 7 IN kl�.Ef1 +K:+, ' Process Used to Develop Ordinance 5. List and discuss the whole range of issues related to landscaping, in preparation for drafting proposed regulations Potential Landscaping Issues • Commercial street edge • Trees and spacing • Parking lots • Residential entrances/perimeters • Buffers between commercial and residential developments • Building/structural landscaping 10 Process Used to Develop Ordinance 6. Draft and revise proposed ordinance Purpose of the Ordinance • To promote the beautification of the City of Owasso • To promote reasonable preservation and replenishment of landscaping in new developments and on existing commercial and public properties Purpose of the Ordinance • To safeguard and enhance property values and to protect public and private investment • To provide an ordinance that is reasonable, enforceable, and easily understood 11 Types of Developments Affected by Regulations • Commercial, industrial, Office, and Multi -family developments would be affected by the proposed regulations Landscaping of Street Edge • Along the street right-of- way, the landscaped edge must be at least 10' deep. Landscaping of Street Edge • One tree per 50 linear feet (may be separate or grouped) • Four shrubs count as one tree 12 Landscaping of Buffer Adjacent to Single-family • The Landscaped buffer must be at least 20' deep • One tree per 30 linear feet (may be grouped or separate) • Four shrubs = one tree Downtown Standards • No landscaped edge required • One tree per 50 linear feet (may be grouped or separate) • Four shrubs = one tree Tree Preservation Credits • One mature preserved tree in the landscaped area equals two new required trees 13 Landscape Plan • The landscape plan is reviewed as a part of the site plan Replacement of Trees • Replacement of a tree is required when a tree shown on a landscape plan dies or is removed Care of Trees on Public Land • The City shall have the right to prune and remove trees within the right-of-way 14 Variances and Appeals • The Board of Adjustment shall be able to consider appeals and grant variances in cases of hardship Nonconformities • Any developments existing prior to the adoption of this ordinance are considered legal, whether landscaped or not 15