Planning Commission(1/9)and Board(1/21) to Vote on Advertising Flawed “Missing Middle” Plan that Cuts Our Tree Canopy

Thanks to those of you who supported ATAG during public comments to the Planning Commission at their December 12th meeting which was the first of a two-day session to consider the county's draft Missing Middle zoning amendments that the county published October 31.  See ATAG’s comments to the Commission. Our supporters spoke on the importance of tree preservation and ATAG made three key observations during the public comment session:

 1.     The 20% tree requirement is still at risk.   The county's assertion that the current standard of a 20% tree canopy requirement will still apply if single-family homes are built needs to be reviewed by a land use attorney.  ATAG believes that the underlying zoning sets the standard and if lots are zoned above 20 units per acre, the Chesapeake Bay Preservation Ordinance (CBPO) standard goes to 10%, regardless of what is built.

 2.     The “one tree per unit” policy proposed by the Planning Department results in fewer trees in almost all cases than the current 20% required for single family development.  ATAG found that only an 8-plex on an R-5 (5,000 square foot) lot would approach the current 20% standard.

 3.     Missing Middle developers/owners should be required to plant 8 trees per lot at a minimum.  ATAG notes that since the building size, lot coverage, and set backs will be no different for a duplex vs. an 8-plex, all lots should be able to accommodate the planting of 8 trees, regardless of how many units are inside the building.

 The Planning Commission reviewed the new zoning in more detail on December 15.  Unfortunately, the Commission voted 7-2 in favor of moving the draft zoning amendments (in addition to a number of new amendments) to the Board and to recommend the Board proceed with a Request to Advertise (RTA) the new draft.  We believe the full text of Planning Commission amendments will be contained in a letter to the Board that should available for its January 9 meeting.  Several of the recommendations were intended to aid tree canopy, although their impacts were not fully explained by Commissioners at the time they were presented.

 The County Board will be reviewing the RTA at its January 21 meeting.  ATAG will keep you posted; we hope you will show up to speak at that meeting.  ATAG will continue to aggressively advocate for our trees as we head into 2023 and throughout the year.

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ATAG spoke to Zoning Commission and the Forestry and Natural Resource Commission on Missing Middle Tree Damage Monday