01-16-20 Regular Meeting of the Planning and Zoning Commission

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(a) A special conditional use permit may be granted by the city council for the construction of a building and/or the establishment of a use as described in this or any other section, upon a tract of land in single ownership or under unified control. Sec. 106-659. - Special regulations and procedures. (a) tƩƚĭĻķǒƩĻ ŅƚƩ ĻƭƷğĬƌźƭŷźƓŭ ƚƩ ķĻǝĻƌƚƦźƓŭ ğ ƦƌğƓƓĻķ ǒƓźƷ ķĻǝĻƌƚƦƒĻƓƷ ķźƭƷƩźĭƷ ķĻǝĻƌƚƦƒĻƓƷ͵ (1) An application for a special conditional use permit shall be filed and processed based upon procedures established by sections 106-216 (General conditions for all special conditional uses in all zoning districts), 106-217 (Conditions for approval), and 106- 218 (Amendments). (2) An application for a general plan shall be filed and processed simultaneously with the special conditional use permit and shall be subject to the requirements of this chapter and the City Development Ordinance Number 1444 on file in the city secretary's office. 8. ISSUE: Tree Preservation Sec. 106-801 (d) This section states that tree protection/mitigation is not applicable to individual single family lots. This could be misinterpreted by developers to include large developments that contain individual single family lots. Sec. 106-801. - Tree preservation. (a) It is the intent of this section to encourage the preservation of existing trees within the city and to prohibit their unwarranted destruction. The city encourages site planning which furthers the preservation of trees and natural areas by the following methods: To protect trees during construction; to facilitate site design and construction which contributes to the long term viability of existing trees; and to control premature removal of trees; require on- site replacement of trees that must be removed and require off-site replacement of trees that cannot be replaced on-site, either by direct planting as outlined in section 106-802 (tree replacement) or through a contribution to the tree fund established in section 106-803 (tree fund) of this chapter. It is the further intent of this section to achieve the following objectives: (1) Protect healthy trees and preserve the natural, environmental, and aesthetic qualities of the city to the degree possible. (2) Protect and increase the value of residential and commercial properties within the city. (3) Discourage premature clear-cutting of property. (4) Maintain and enhance a positive image for the attraction of new developments to the city. (b) It shall be unlawful for any person to cause or permit the destruction of any healthy, native tree (herein referred to as a "protected tree") within the city if such tree has a trunk which exceeds six inches in diameter (or 18.84-inch circumference) at a point 18 inches above the natural ground level. Provided, however, it shall not be a violation of this provision if a tree is removed and/or destroyed if the tree is obviously diseased or determined to be diseased