(A) This Section 7.2.10 provides flexibility and presents alternative ways to meet the standards set forth in this Ordinance, while encouraging the preservation of existing healthy vegetation and innovation in site design.
(2) Up to a twenty (20) percent reduction in the number of parking spaces required on the site shall be allowed to the extent that the reduction in the amount of required pavement will preserve existing healthy trees in an undisturbed, natural condition.
(3) Reduction of the buffer width may be approved, as provided below.
(a) The Zoning Board of Adjustment may reduce the width of required streetscapes and buffers to no less than ten (10) feet pursuant to this section. Buffer reductions between uses may be considered based on the use of innovative site/building design concepts. The Zoning Board of Adjustment may make exceptions to this minimum width for development within the Town Center District and for reuse/redevelopment sites. Reductions in the width of streetscapes and buffers should only be allowed when:
(1) At least one (1) of the following conditions exists:
a. meeting the required width prevents reasonable use of the property based on the zoning; or
b. additional open space beyond that already required is provided elsewhere on the site; and
(2) The modification advances the goals and purposes of the LDO.
The Planning Director may allow reuse/redevelopment sites to maintain their existing buffer and streetscape widths even if such width is less than current ordinance requirements so long as the proposed development plan does not reduce the existing buffer or streetscape width on the site. If existing pavement, curbs, and/or buildings are being removed from the required buffer and streetscape widths, the Planning Director may require plantings to reasonably meet the intent of the landscape requirements (i.e., parking lot screening, streetscape/buffer and parking lot trees).
(4) An average buffer/streetscape width that equals the width of the required buffer/streetscape may be approved, provided that all of the following requirements are met:
(a) The buffer/streetscape average equals the required width {for example, a required fifty (50) foot buffer could average a minimum of fifty (50) feet in width.}
(b) In no case shall a buffer/streetscape that is adjacent to single-unit residential development be less than thirty (30) feet in width.
(c) All buffer/streetscape areas that are less than the required minimum width must include additional vegetation, walls/fencing, and/or other measures.
(5) Where spacing of required streetscape trees evenly across the frontage of the property or existing vegetation would interfere with the visibility of features or landscapes intended specifically for public or civic purposes such as art, monuments, memorials, and historic structures, the required number of trees may be staggered, clustered and otherwise arranged as deemed appropriate in order to promote optimal growth and health of the vegetation. In addition, existing vegetation may be removed from the streetscape for visibility of features provided that an area equal to the area of vegetation being removed is preserved elsewhere on the site (in addition to required buffers).
(6) The area used for preserving existing healthy non-champion trees within the site may be used as credit for required perimeter non-residential buffers and interior buffers, at a rate of one and one-half (1.5) times. For example, if the area taken up by the preserved vegetation is one thousand two hundred (1,200) square feet, then the applicant may deduct an area equal to one thousand eight hundred (1,800) square feet from other required landscape/buffer areas. However, the application of this subsection is subject to the limits provided under Section 7.2.10. In addition, the area removed from required perimeter buffers should not contain specimen tree stands. For purposes of this section, "area taken up by preserved vegetation" includes the area under the tree canopies.
(7) Interior buffer areas may be relocated provided that the square footage of area is relocated elsewhere on the site (preferably to save more existing vegetation).
(8) The required streetscape along thoroughfares and collectors may be reduced to ten (10) feet, and building setbacks from the streetscape to zero (0) when buildings are placed close to the street inside Mixed Use Overlay Districts.
(B) In addition to subsection (A) above, and in order to provide for flexibility in site design and landscape requirements to preserve champion trees, the Planning Director shall administratively approve the below modifications in the order listed and only to the extent necessary to preserve champion trees. Specifically, the area preserved in association with saving champion trees may be exchanged for area used to meet the other LDO requirements referenced below. Refer to Section 7.2.5(A) for definitions applicable to this subsection.
(1) The required number of parking spaces may be reduced by up to twenty-five (25) percent;
(2) Linear parking lot islands may be reduced and/or eliminated;
(3) The area encompassed by the critical root zone of preserved champion trees may be used to meet the community gathering space requirements;
(4) The area encompassed by the critical root zone of preserved champion trees and designated as common open space may be used to meet the bonus open space requirements within the conservation residential overlay district without being contiguous or meeting the area size requirements;
(5) Residential lot lines may be created at other than substantially right angles to other lot lines provided the lot meets all other dimensional requirements of this ordinance and permits a reasonable building envelope for a dwelling;
(6) Residential lot setbacks may be reduced up to fifty percent (50%) when the setback is adjacent to a champion tree critical root zone area.
(7) The connectivity index, primary circulation standards, and the cross-access requirements within Section 7.10.3 (A) and (C) may be modified provided the circulation pattern shall continue to provide for the safe, controlled, and orderly flow of pedestrians and vehicles;
(8) Champion trees and their critical root zones or a portion thereof may be included within residential lots provided such inclusion permits a reasonable building envelope for a dwelling and designated as tree protection areas on the development plan;
(9) Interior non-residential buffers and interior buffers within non-residential centers/subdivisions may be reduced to no less than ten (10) feet or the width required to meet the planting requirements of the buffer type, whichever is greater, provided specimen hardwood tree stands are not adversely impacted;
(10) Total perimeter buffers widths adjacent to non-residential uses or zoning districts may be reduced to no less than twenty (20) feet, provided specimen hardwood tree stands are not adversely impacted and there is sufficient room to plant the required buffer type;
(11) Buffers and streetscape areas may be used for bio-retention, provided specimen hardwood tree stands are not adversely impacted and the buffer is adjacent to a non-residential use or zoning district.
(12) Critical root zone measurement and tree protection area may be reduced to one (1) foot from the champion tree for each inch of caliper.
For the purpose of the allowable modifications above, the "area encompassed by the critical root zone of preserved champion trees" also includes the area needed to preserve an existing structure on a site, the demolition of which would have adversely impacted the critical root zone of one (1) or more champion trees.
(C) Soil Volume
The Planning Director shall administratively approve modifications to soil volume requirements (section 7.2.4(F)) where soil volume requirements cannot be met due to unusual planting conditions, provided the developer or property owner provides the Town with a certification from a certified arborist on a form approved by the Planning Department that the modifications will not decrease the viability of the trees.