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Council Passes ‘Housekeeping Item’ on Vegetative Buffers

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What is essentially a “housekeeping item” regarding conditions relating to vegetated landscape buffers that have been subject to an “administrative stay” since 2014 was passed by a 4-0 vote with Councilmember Holly Smith absent. For the last 10 years, there have been conditions in the code that have not been applied due to the stay. The measure passed at the meeting is essentially a codification of an existing city policy that has been in effect for years.

In 2014 the City adopted an ordinance to allow for permeable pavers to replace shell or gravel driveways at single-family, duplex and triplex residential developments and not to consider such change to be an increase in impermeable coverage. Within several months, contractors and homeowners expressed implementation challenges specific to required conditions relating to vegetative buffers. The Natural Resources Department drafted a recommendation with revised language, interpretation guidance for applicants, and elimination of large/medium tree requirements. Ultimately, then City Manager Judie Zimomra authorized an “administrative stay,” to cease implementation of those required conditions, citing “inconsistency with City Council’s legislative intent.”

City staff has re-examined the conditions placed under the administrative stay in the context of current conditions and made the following conclusions:

· Staff does not find the vegetative buffer requirement improves the performance of permeable pavers for stormwater infiltration and storage.

· Any action to repeal the administrative stay and implement those standards would require significant discourse and education with property owners and paver contractors. Such action would also effectively create hundreds of lawful nonconformances. Since 2014, staff has processed 636 development permit applications for driveway improvements – the overwhelming majority of which authorized installation of a permeable paver driveway in place of an existing shell driveway. This number does not include driveways completed in association with new construction.

· Staff finds determination of impermeable coverage, without vegetation conditions, remains consistent under the Plan for Scenic Preservation.

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