passed ordinance

*Remove Heritage Tree designation for Heritage Tree 26 on 4124 N Mississippi Ave

climate environment
parks recreation
ordinance

Department: Parks & Recreation
Introduced by: Councilor Dan Ryan
Status: Passed

Impact statement

Purpose & background

Approve the removal of designation from Heritage Tree #26 as recommended by the Urban Forestry Commission. The request to delist the tree was submitted by the property owners who cited significant financial burden associated with the tree.

Financial impacts

N/A

Community impacts

The Urban Forestry Commission discussed this request at their April, March, and May meetings. Public comments were submitted in support of the request to delist the tree. The property owners have indicated they will remove the tree once Council removes the Heritage Tree protections. The tree is located along the Mississippi Ave. commercial corridor. It provides shade over the sidewalk, street, multiple dwellings, and an adjacent transit stop. The removal of the tree will result in reduced benefits and services to the immediate community for decades and contribute to Portland’s tree canopy decline.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: Section 11.20.060 of the City Code provides for the listing, designation, and maintenance of Heritage Trees within the city which, because of their age, size, type, historical association or horticultural value, are of special importance to the City. Heritage Tree #26 is an English Elm located on private property at 4124 N. Mississippi Ave. The tree was designated as a Heritage Tree by City Council in 1994. The property owner at the time the tree was designated as a Heritage Tree provided written consent as required by Portland City Code. The property changed ownership in 2001. The current property owners are requesting that the Heritage Tree designation be removed from the tree. The current property owners cite extensive financial loss due to the prevalence of elm leaf beetle inside the property preventing the dwelling from generating rental income. The current owners have a permit to treat the tree for elm leaf beetle and the treatment is funded by a local non-profit organization Section 11.20.060(C), of the City Code instructs that “The Urban Forestry Commission (UFC) makes a recommendation to City Council as to whether the Heritage Tree designation should be removed from a tree. A recommendation to remove the designation shall be supported by at least six members of the UFC. City Council may remove the designation if it finds that the designation is no longer appropriate.” The Urban Forestry Commission recommended by a vote of 6-4 that the Heritage Tree designation be removed from Heritage Tree #26 due to the extraordinary circumstances specific to this situation. NOW, THEREFORE, the Council directs: Under the provisions of PCC 11.20.060, Heritage Tree designation is removed from the following tree Heritage Tree # 26, Ulmus minor var. vulgaris, English elm , privately owned tree at 4124 N. Mississippi Ave. Section 2. The Council declares that an emergency exists due to the extraordinary circumstances specific to this situation; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

5 yea 0 nay