Friday, Oct. 10, 2008
Flower Mound Council Approves Tree Ordinance
By Adrian McCandless
Staff Writer
An amended tree ordinance was finally approved by Flower Mound Town Council members, with a 4 to 1 vote, at Monday’s meeting.
Flower Mound’s Environmental Review Analyst Jared Martin presented the amended tree ordinance and said the town staff worked with the Environmental Conservation Commission [ECC] members for nearly a year to draft the new ordinance.
In January, the ECC recommended updating the tree ordinance to address the 11 percent loss of the town’s tree canopy over the last five years, without placing excessive restrictions on developers. The town’s original ordinance dates back to 1993.
Major changes to the existing ordinance include: a tree classification system; the definition of buildable area; buildable area mitigation; incentives for tree preservation through tree credits for developers; and new tree survey requirements.
"Essentially, all protected trees on the site remain protected, even if they’re in a buildable area," Martin said. "Since we are adding mitigation requirements, we’ve also built in some incentives for preservation – which could offset some of the cost of mitigation."
Council member Jeff Tasker raised concerns about town required easements being included in the buildable mitigation requirements.
"As for supporting the ordinance tonight, I would like to see that [change] incorporated," he said.
Within minutes of adopting the new tree ordinance, it was amended to tree mitigation in town easementsAnother section of the ordinance allowing developers to build inside a tree’s critical root zone as long as the tree is left "predominately" in its natural state concerned council members.
Deputy Mayor Pro Tem Joel Lindsey said using a word such as "predominately" in the ordinance in place of "entirely" concerned him.
Mayor Pro Tem Tim Trotter said he agreed with Lindsey about the word usage.
"I worry that it creates an ambiguous portion of this ordinance that brings back memories of our previous ordinance," he said.
Leaving the wording as is, developers could potentially encroach on a trees root space. Many trees, including post oaks, have extremely sensitive root systems.
During the public hearing for the tree ordinance, Transportation Commission Chairman Paul Stone said he was pleased with the ordinance.
"I think the biggest thing that I appreciate in the ordinance is the mitigation requirements, and the fact that loosing trees in buildable areas is no longer a 'freebie’ – it’s going to cost you something," Stone said.
More information about the new tree ordinance will be posted to the town’s website in the near future at http://www.flower-mound.com/env_resources/env_resources_urbanforest.php.
The council also approved creation of a new zoning district known as the Mixed-Use District, and amending the land use plan to create architectural standards for a mixed use development.
Also approved was the four-story, 174,634 square foot building site plan for the Presbyterian Hospital of Flower Mound to be located on 12 acres of land within The River Walk at Central Park development. The groundbreaking ceremony for the hospital was held on Wednesday.
[To see photos of the ceremony, visit our ONLINE edition at: www.flowermoundmessenger.com]
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