LANDSCAPING AND TREE PROTECTION ZONING
ORDINANCE TEXT AMENDMENT
Eve Miller, Senior Planner
Planning Commission Zoning Committee
Wednesday, July 3, 2024
DES ZOTA: Landscaping and Tree Protection
Outreach & Engagement
▪ Public Engagement:
• Corridors Commission
• Greenspace Trust
• Lexington Tree Board
• Trees Lexington
• Environmental Commission
• Bluegrass Youth Sustainability Council, Fayette-County Public Schools
• Local Landscape Architects and Engineering Firms
• Builders Industry Association of Central Kentucky
▪ Events:
• Trees Lexington Tree Giveaway
• Reforest the Bluegrass
• Plants and Prints
• Streetfest
• Mayfest
DES ZOTA: Landscaping and Tree Protection
ZOTA Phase 1 & 2 Distinction
Phase 1:
Codify Division of Environmental Services as EnforcementAgents of the Zoning Ordinance
Update Enforcement Structures
Update Landscape Plan Requirements
Update Landscape Perimeter
Requirements to Match
Vehicular Use Area
Requirements
Update Tree Definitions and Plan Requirements
Phase 2:
Landscape Corridor Ordinances
Native Species Planting
Planting Manual
Update Tree Enforcement Capabilities
Review and Revise Tree
Protection Regulations
Create Mitigation Fund
DES ZOTA: Trees and Commercial Landscaping
Sustainability
▪ In 2022, the city hired its first sustainability manager.
▪ Current projects:
• Greenhouse Gas Emissions Inventory
• Pickleball Recycling
• Solarize Lexington
• Empower Lexington Plan
• Climate Action Plan
• Green Check Business Certification
▪
“A sustainable community is a more resilient community, better positioned to quickly and justly meet the challenges presented by a changing climate, economic instability, pandemics and other disruptors”.
DES ZOTA: Trees and Commercial Landscaping
Summary of Revisions – Article 18
▪
18-2 (b) – Any development that expands, moves, removes, or reconstructs the building, structure, or vehicular use area (VUA) by thirty (30%) percent or more of a previously approved development plan by the Planning Commission shall comply with the provisions of this Article.
▪ 18-3 (a) (1) Row 8 - Any business, office, or industrial non-agricultural zone.
▪ 18-3 (a) (1) 6 – The 15-foot Landscape Buffer Area (LBA) may be reduced to five eight (8) feet when used in conjunction with a six-foot-high wall or fence.
▪ 18-3 (a) (2) (a) – Vehicular Use Area Perimeter definition.
▪ 18-3 (a) (2) (d) 1. (i) (a) – Reduced the minimum planning height of hedges from thirty (30) inches to twenty-four (24) inches, as well as increased the time to allow for the shrubs to reach opacity to three (3) years.
DES
ZOTA: Trees and Commercial Landscaping
Summary of Revisions – Article 18, Cont.
▪ 18-3 (b) (6) d – Reverted back to four (4) feet overhang in the Interior Landscape Area.
▪ 18-4 (c) (3) – Added “per Article 18” regarding columnar trees.
▪ 18-4 (c) (5) – Shrubs and Hedges shall be at least twenty-four (24) inches in height when installed, as well as increased the time to allow for the shrubs to reach opacity to three (3) years.
▪ 18-5 – Landscape plans also may shall be submitted as part of in conjunction with any final development plan required by the Planning Commission.
▪ 18-7 (a) 5 – Removed.
DES ZOTA: Trees and Commercial Landscaping
Summary of Revisions – Article 26
▪ 26-2 Significant Tree Definition –
• Adding a minimum diameter at breast height (or DBH) of four (4) inches to significant tree species.
• Increasing the proposed diameter at breast height (or DBH) from four (4) inches to twelve (12) inches.
▪ 26-2 Tree Stand Definition – also added a minimum DBH of four (4) inches for a grouping of three (3) trees.
▪ 26-5 (6) (e) – Added an incentive to save existing tree stand canopy.
DES ZOTA: Trees and Commercial Landscaping
Recommendation
▪ The Staff Recommends: Approval of the proposed Text Amendment to the Zoning Ordinance, for the following reasons:
a) The amendment supports collaboration with LFUCG Environmental Services. (Theme A, Goal #1.a).
b) The amendment provides well-designed neighborhoods and communities by ensuring all new development includes minimizing the disruption of natural features when building new communities and promotes, maintains, and expands the urban forest throughout Lexington (Theme A, Goal #3.c & #3.d).
c) The amendment promotes the synchronization of intragovernmental planning, funding, programs, and activities across LFUCG departments and divisions; ensuring that all planning and operational activities that impact the protection, conservation and restoration of landscapes, natural resources, and our natural environment are aligned, helping to identify and protect natural resources and landscapes before development occurs (Theme B, Goal #3.b & #3.c).
d) The amendment incentivizes green building and sustainable development (Theme B, Goal #3.c), and promotes, maintains, and expands the urban forest (Theme A, Goal #3.d) though innovative open space and greenspace designs.
