5 - Matters from the Planning Board, Landscape upkeep issues at Tantra Lake ApartmentsMEMORANDUM
TO: Planning Board
FROM: Bev Johnson, Environmental Planner
DATE: September 14, 2001
SUBJECT: Landscape upkeep issues at Tantra Lake Apartments
This memo addresses concerns raised by Nancy Harhnan at the July 26, 2001 Planning Board
meeting regarding landscape upkeep at the Tantra Lake Apartments on W. Moorhead Circle. Ms.
Hartman expressed several maintenance and upkeep issues with this property which include dead
and dying trees, dangerous tree liinbs, and a broken sprinkler system, I visited the site with Ms.
Hartman in August and confirmed several problems with the upkeep of the landscaping. We wilt
follow up on the matter by sending a letter to the landowner notifying them of the complaint and
outlining options they have for resolving the issue. If no action is taken by the iandowner, staff
will consider further enforcement action. Below is an overview of the code sections that address
landscape maintenance.
In summary, the city does not regulate general landscape maintenance on private lands after the
first five years from the issuance of a certificate of occupancy. However, in the case of an
approved PUD or site plan, the property owner has an obligation to maintain the property in a
manner that is consistent with the development agreement. Below is an outline of the sections of
the code which generally addresslandscape maintenance concerns:
1. B.RC.. Section 9-33-2 (b , Landscape and Screening Maintenance and Replacement.
Property owners are required to maintain a landscape plan as originally approved, and
provide for the replacement of plant materials that have died or have otherwise been damaged
or removed for a period of five years from the issuance of a certificate of occupancy. Since
the original development plan for Tantra Lake Apartments was approved in 1976, this section
no longer is applicabla to this situation.
2. B.R.C.. Section 6-2, Weed Control
Property owners are required to maintain their property as wel] as public land along the
sidewalk, street, or alley to prevent the growth of weeds to a height greatar than twelve inches.
Property owners must also prevent the growth of brush that may become a health or safety
hazard, or a nuisance by harboring trash, wildlife, or weeds. Non-buildable outlots greater than
%2 acre in size are exempt from this requirement. City properties intended as natural areas, such
as some parks, open space, street rights of way, wetlands, and streambeds or banks are also
exempt.
Lack of weed control did not appear to be a problem at Tantra Lake Aparhnents. The grounds
appeared to be mowed on a regular basis.
3. B.R.C. Section 6-6-2. Removal of Dead. Diseased, or Daneerous Trees
A property owner is required to remove all dead trees or overhanging limbs that pose a
danger to people or property. If any tree is afflicted with a dangerous insect, disease, or
infestation, the landowner must take specific prescribed measures to cure the infestation or
disease and to prevent its spread.
The primary issue at Tantra Lake Apartments is the many dead and dying trees. Several trees
in the public open spaces have not been pruned for some time and pose a considerable safety
hazard. This problem may be enforced under the provisions of Section 6-6-2,
4. B.R.C. sections 9-4-5(~ 9-4-8 gZand 9-4-7(b), Violations to a Develonment Aereement.
Under these sections of the code, any violation of a development agreement is a zoning
violation. If the development agreement is well documented, enforcement may occur under
the provisions of section 9-10, "Enforcement."
Section 9-4-8(g) outlines a compliance hearing route that may occur with any violation of a
development agreement or project approvaL Under this section of the code, if the city
manager finds a violation of a development agreement, he may forward a report of the
information to the Planning Boazd. The Planning Board must then hold a hearing on the
report of violations and may require that appropriate action be taken to remedy the violations.
Compliance hearings can be very intensive and require thorough dacumentation of the
violation.
The Planning Department has record of the landscape plan for the Tantra Lakes Apartments
PUD and may take enforcement action based on this information. The current landscaping
clearly does not comply with the approved plan in that many trees shown in the original plan
are either dead or have been removed. However, the landscaping has changed considerably
from the original plan in that new trees have been planted in various locations and trees have
been replaced with different species than indicated on the plan. In addition, the original plan
did not show Che naturalized vegetation around the lake and along the ditches within the
complex. Strict enforcement of the development agreement may be difficult at this point in
time because of these modifications (some positive) to the original plan. However, staff will
suggest to the landowners that they apply for a modification to the original landscape plan to
bring the plan up to date.